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They Made The News!. $107 Million – “Lucky” food store chain in California recently paid $107 million to settle a sexual harassment suit. $3.5 MILLION Baker & McKenzie, the world’s largest law firm, must pay up for creating a sexually hostile work environment.

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they made the news
They Made The News!

$107 Million – “Lucky” food store chain in California recently paid $107 million to settle a sexual harassment suit.

$3.5 MILLION

Baker & McKenzie, the world’s largest law firm, must pay up for creating a sexually hostile work environment.

A federal jury awarded $514,656 to a female former Abbot Labs employee who claimed she was fired in retaliation for filing an internal complaint of sexual harassment against her male supervisor.

A federal judge in NJ awarded $250,000 in damages for emotional distress to a former Continental Airlines pilot who alleged that she was subjected to a sexually hostile environment that included pornography left in the cockpit by her male co-worker

Mitsubishi’s agreement to pay $34 million is the biggest sexual-harassment settlement ever obtained by the US Government

slide3

Why Are We Here?

The bottom line is…NO ONE WINS !

company policy
Company Policy

TXI HR Policy P-5

Non-Discrimination and Anti-Harassment

policy p 5
Policy P-5
  • Purpose – Is to insure that all employees are afforded

a working environment that is free from any form of

harassment and/or discrimination.

  • The Company is committed to providing a work environment

free from discrimination, harassment, intimidation, and

coercion in any form. Such behavior is inconsistent with

the Company philosophy of mutual respect for all employees

and will not be tolerated.

discrimination is
Discrimination is…?
  • Treating a person differently either

intentionally or non-intentionally because

of their race, sex, religion, age, national

origin, disability, veteran status or any

other classification protected by State

or Federal laws.

a few laws to think about
A few laws to think about…
  • Civil Rights Act of 1964
  • Age Discrimination Employment Act
  • Americans With Disabilities Act
  • Executive Order 11246
harassment
Harassment
  • Usually begins because of someone’s

(you – me – others) personal prejudices,

bias’s or wrong assumptions.

harassment can be
Harassment can be…
  • Physical or Mental abuse
  • Racial, religious, ethnic or sexual insults/comments
  • Derogatory ethnic or sexual jokes
  • Slurs directed toward female/minority or other protected groups…

Percentage of employees reporting that they overheard slurs while on the job: Sexually inappropriate remarks (34%); Ethnic slurs (27%); Racial slurs (27%); Age related slurs (24%); Disability slurs (3%) and Sexual orientation slurs (20%).

  • Unwelcome sexual comments or advances
harassment can also be
Harassment can also be…
  • Taunting, intended to provoke an employee
  • Requests for sexual favors in return for

special considerations (hiring, pay, or promotions)

  • Display / distribution of photos, drawings, calendars, posters and email of an offensive or inappropriate nature.
  • Harassment can also be defined as a single event or a pattern of behavior that creates an environment that is hostile, offensive or intimidating.
federal law
Federal Law

Under Federal Law, unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

slide14
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment
  • Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals or
  • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
quid pro quo
QUID PRO QUO

Quid pro quo sexual harassment occurs when an individual’s submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions affecting the individual or the individual’s submission to such conduct is made a term or condition of employment

hostile environment
HOSTILE ENVIRONMENT

Hostile Environment sexual harassment occurs when unwelcome sexual conduct unreasonably interferes with an individual’s job performance or creates a hostile, intimidating or offensive work environment even though the harassment may not result in tangible or economic job consequences.

hostile environment might include
Hostile Environment might include:
  • Repeated requests for sexual favors
  • Demeaning sexual inquiries and vulgarities
  • Offensive language
  • Other verbal or physical conduct of sexual nature
  • Sexually offensive, explicit or sexist signs, cartoons, calendars, literature or photograph displayed in plain view
  • Offensive and vulgar graffiti
what about consensual relationships
What about “consensual” relationships?
  • These type of relationships on the surface are not illegal in and of themselves. On the other hand, when they go bad…the door opens to a variety of problems and accusations, et. Which then have to be dealt with.

THIS AIN’T COOL !

ways of creating a hostile environment
Ways of creating a hostile environment

Verbal Harassment

Physical Harassment

Visual Harassment

Requests for Sexual Favors

Gender Harassment

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Important things to remember:

  • Sexual harassment does not have to be intentional.
  • What is offensive is in the “eye of the beholder.”
  • Both men and women can be sexually harassed.
  • Men can sexually harass men - Women can sexually harass
  • women.
  • Offenders can be supervisors, co-workers, customers,
  • vendors or suppliers.
  • The harasser’s conduct must be unwelcome.
slide21

When any unwanted, unwelcome, or

unsolicited sexual conduct is imposed

on a person who regards it as offensive

or undesirable…. It then becomes

“SEXUAL” HARASSMENT !

When a person communicates that the

conduct is inappropriate….it becomes

ILLEGAL to continue it further.

we should all understand
We should all understand…
  • A person’s private sexual activities do not constitute a waiver of their legal protection against unwelcome and/or unsolicited sexual harassment.
what can you do to prevent it
What can you do to prevent it?
  • Recognize it
  • Be familiar with the policy (let’s look at the Policy for a few moments)
  • Don’t be afraid to ask for help if you’re not sure (Supervisor or HR)
  • Do all you can to aid investigations
slide25

EMPLOYEES SHOULD…..

OUR POLICY SAYS:

Employees who feel comfortable doing so should directly inform the person engaging

in harassment that such conduct or communication is offensive, and is contrary to company policy and must cease.

slide26

EMPLOYEES SHOULD…..

OUR POLICY SAYS:

If the harasser is the employee’s supervisor, the employee should immediately contact the Human Resources Department for guidance.

slide27

EMPLOYEES SHOULD…..

OUR POLICY SAYS:

Employees who are not comfortable communicating directly with their harasser,

or who have been unsuccessful in communicating with their harasser, should immediately contact their supervisor or the Human Resources Department.

retaliation
RETALIATION

Policy – Page 2; Paragraph 4 states…

faq s
FAQ’s
  • Is sexual harassment always about men harassing women?
  • Is all harassment illegal?
  • Has the concern about harassment taken all the fun out of the workplace?
  • Do we all have to be “politically correct” prudes?
faq s1
FAQ’s
  • If I observe harassment but the person being harassed does not complain, what should I do?
  • What should I do if I’m not sure it violates the policy?
  • What happens if someone accuses me of harassment?
faq s2
FAQ’s
  • There are many types of harassment. Why are we talking so much about sexual harassment?