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Sexual Harassment. What Supervisors Need to Know. Session Objectives. You will be able to: Understand legal and policy requirements Recognize what constitutes harassment Handle complaints effectively Participate in investigations Take appropriate corrective action

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Presentation Transcript
sexual harassment

Sexual Harassment

What Supervisors Need to Know

session objectives
Session Objectives
  • You will be able to:
    • Understand legal and policy requirements
    • Recognize what constitutes harassment
    • Handle complaints effectively
    • Participate in investigations
    • Take appropriate corrective action
    • Maintain a productive work environment
session outline
Session Outline
  • Compliance with the law and our policy
  • What constitutes sexual harassment
  • Who’s affected by harassment
  • Handling employee complaints
  • Conducting investigations
  • Taking corrective action
why you need to know
Why You Need to Know
  • Sexual harassment:
    • Damages organizations
    • Undermines trust and respect
    • Exposes us to damaging liabilities
harassment and the law
Harassment and the Law
  • Title VII
  • The courts
  • State law
  • Equal Employment Opportunity Commission (EEOC)
harassment and the law cont
Harassment and the Law (cont.)
  • EEOC defines sexual harassment as sexual conduct that is:
    • Unwelcome
    • Harmful
    • Illegal
our policy
Our Policy
  • Provides a clear statement of our position against sexual harassment
  • Promotes compliance and prevention by defining responsibilities
  • Protects your rights and fosters respect for all
our policy cont
Our Policy (cont.)
  • Familiarize yourself with the policy
  • Publicize the policy
  • Enforce the policy
  • Review the policy periodically
is this sexual harassment
Is this Sexual Harassment?
  • A female employee wears miniskirts
  • A female supervisor makes frequentcomments about a male employee’s physique
  • A male supervisor makes frequent comments about a male employee’s physique
is this sexual harassment cont
Is This Sexual Harassment? (cont.)
  • Two co-workers forward each other off-color jokes they receive in e-mails
  • An employee asks a co-worker out
  • Two co-workers develop a personalrelationship
is this sexual harassment cont1
Is This Sexual Harassment? (cont.)
  • An employee posts a swimsuit calendar in his work area
  • An employee posts a male pinup in her work area
  • A good customer makes provocative comments to employees
economic harassment
Economic Harassment
  • Quid pro quo or economic harassment
  • Automatic liability
  • Tangible employment action must actually occur
hostile work environment
Hostile Work Environment
  • Severe or pervasive conduct (or both)
  • Intimidating, hostile, or offensive displays
  • Automatic liability for supervisor’s tangible employment action
  • If no tangible employment action, then the company might avoid liability
liability cont
Liability (cont.)
  • Liability for actions of co-workers
  • Liability for actions of customers, clients, and independent contractors
who s affected
Who’s Affected?
  • Those who commit, including:
    • Employees at any level
    • Clients or customers
    • Members of the same sex
who s affected cont
Who’s Affected? (cont.)
  • Those who experience, including:
    • Direct targets
    • Bystanders and witnesses
handling complaints
Handling Complaints
  • Encourage reporting
  • Respond to all complaints
  • Allow employees to bypass the normal chain of command
handling complaints cont
Handling Complaints (cont.)
  • Respect confidentiality
  • Strike a balance between confidentiality and the need to investigate
  • Protect everyone’s rights
dealing with isolated incidents
Dealing with Isolated Incidents
  • Determine the exact nature of the incident
  • Counsel the alleged harasser
  • Reassure the victim
  • Monitor the situation carefully
conducting investigations
Conducting Investigations
  • Questions for the employee filing the complaint
conducting investigations cont
Conducting Investigations (cont.)
  • Questions for the alleged harasser
  • Questions for witnesses
taking corrective action
Taking Corrective Action
  • Take effective remedial action
  • Balance competing concerns
taking corrective action cont
Taking Corrective Action (cont.)
  • Make certain the victim is not adversely affected
  • Stop the harassment and make sure it doesn’t recur
taking corrective action cont1
Taking Corrective Action (cont.)
  • Correct the effects of the harassment
  • Follow up to make sure the problem is solved
key points to remember
Key Points to Remember
  • Sexual harassment is prohibited by law and company policy
  • It involves more than physical conduct; it can also be verbal or visual
  • Sexual harassment harms us all
  • You have a responsibility to help prevent it