Sexual Harassment

1. Sexual Harassment What Supervisors Need to Know

2. 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

3. 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

4. Why You Need to Know • Sexual harassment: • Damages organizations • Undermines trust and respect • Exposes us to damaging liabilities

5. Harassment and the Law • Title VII • The courts • State law • Equal Employment Opportunity Commission (EEOC)

6. Harassment and the Law (cont.) • EEOC defines sexual harassment as sexual conduct that is: • Unwelcome • Harmful • Illegal

7. 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

8. Our Policy (cont.) • Familiarize yourself with the policy • Publicize the policy • Enforce the policy • Review the policy periodically

9. 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

10. 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

11. 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

12. Sexual Harassment • Questions?

13. Economic Harassment • Quid pro quo or economic harassment • Automatic liability • Tangible employment action must actually occur

14. Hostile Work Environment • Severe or pervasive conduct (or both) • Intimidating, hostile, or offensive displays

15. Liability • Automatic liability for supervisor’s tangible employment action • If no tangible employment action, then the company might avoid liability

16. Liability (cont.) • Liability for actions of co-workers • Liability for actions of customers, clients, and independent contractors

17. Who’s Affected? • Those who commit, including: • Employees at any level • Clients or customers • Members of the same sex

18. Who’s Affected? (cont.) • Those who experience, including: • Direct targets • Bystanders and witnesses

19. Sexual Harassment • Questions?

20. Handling Complaints • Encourage reporting • Respond to all complaints • Allow employees to bypass the normal chain of command

21. Handling Complaints (cont.) • Respect confidentiality • Strike a balance between confidentiality and the need to investigate • Protect everyone’s rights

22. Dealing with Isolated Incidents • Determine the exact nature of the incident • Counsel the alleged harasser • Reassure the victim • Monitor the situation carefully

23. Conducting Investigations • Questions for the employee filing the complaint

24. Conducting Investigations (cont.) • Questions for the alleged harasser • Questions for witnesses

25. Taking Corrective Action • Take effective remedial action • Balance competing concerns

26. Taking Corrective Action (cont.) • Make certain the victim is not adversely affected • Stop the harassment and make sure it doesn’t recur

27. Taking Corrective Action (cont.) • Correct the effects of the harassment • Follow up to make sure the problem is solved

28. 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