Sexual Harassment Unwanted or unwelcome behavior that is offensive to someone in a sexual or romantic way Who decides if behavior is offensive? –The recipient, then a court if necessary (reasonable person concept) Men and women can be victims –Most, but not all cases filed involve men harassing women

Four Categories of Sexual Harassment Quid pro quo –Promotions in exchange for dates –If you don’t ……, you’ll be fired Hostile environment –Unwelcome behavior that is repeated and/or pervasive (except for touching, once is enough) Jokes, language, posters, comments

Categories of Sexual Harassment (cont) Sexual favoritism (3 rd party claim) –If reward (promotions, key clients) are given to those who agree to meet sexual demands, other employees are injured Harassment by non-employees –Dornhecker v. Malibu Grand Prix Dornhecker was on a business trip traveling with a consultant with whom the employer had a longer relationship Consultant put his hands on Dornhecker’s hips in an airport ticket line, touched her breasts, and “playfully” choked her when she complained. Dornhecker promptly told her supervisor The president of the company called her 12 hours later and told her she does not and would not again have to work with the consultant

Harassment by non-employees (cont.) Lockard v. Pizza Hut –Two regular customers made lewd comments to her on several occasions –Lockard clearly communicated that she did not want to wait on these customers anymore –The customers came in again and the manager insisted that she wait on the customers –The comments happened again

Is the employer responsible? Employers can be liable when: –The employer knows or should have known of sexual harassment by non-employees, and fails to take reasonable steps to stop the harassing behavior Guidelines for employers: –Take prompt and reasonable steps to stop the harassment

Reducing Sexual Harassment in the Workplace Organizations –Publish a policy, communicate the philosophy and procedures to all in the organization Training and measuring employee knowledge –Establish and communicate complaint procedures Respond immediately –Zero-tolerance policy

Legal System Special and compensatory damages Punitive damage awards (since 1991) –To deter others –Express moral outrage What happened to the number of sexual harassment claims filed after 1991?

Mitsubishi Why did this happen at the plant? What lessons should be learned? What happened with the case? –$34 million settlement (1998) covering women who have worked at the plant since 1987 –Provide mandatory sexual harassment training and investigate all claims of sexual harassment promptly