Sexual Harassment in the Restaurant Industry What Everyone Needs to Know Daniel McCoy, SHRM Certified Professional

What to Take Away Today: How to: Recognize Sexual Harassment in the workplace Understand the two different types of sexual harassment Recognize the need for company policies and obedience of them Report any incident and cooperate with investigations Establish and assist to maintain a productive, comfortable and safe environment at the work place Daniel McCoy, SHRM Certified Professional

Daniel McCoy, SHRM Certified Professional Discussion Today Why is sexual harassment important for you to know about What is the legal ramifications and what laws are in place to prohibit sexual harassment at work What really constitutes Sexual Harassment Who doe it affect How can it be prevented Daniel McCoy, SHRM Certified Professional

#MeToo – How widespread is Sexual Harassment? Here are some recent statistics: Approximately 20% of Men and 70% of women have experienced sexual harassment 90% female employees and 70% of men in the Restaurant industry report having been sexually harassed. Typically, there are around 15,000 cases of sexual harassment litigated each year U.S. Companies spend approximately $40M per year due to sexual harassment complaints Complaints by men in the last few years has tripled Daniel McCoy, SHRM Certified Professional

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What is Sexual Harassment EEOC states the definition of sexual harassment as sexual conduct that is: Unwelcomed sexual advances, request for sexual favors Offensive verbal, visual or physical conduct, especially sexual in nature Harmful to one or more parties in the interaction Illegal--Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). Daniel McCoy, SHRM Certified Professional

What is Sexual Harassment? Who can commit sexual Harassment: Employees at all levels. Customers or vendors. Members of the same sex or opposite sex. Who can be a victim of sexual harassment: Individual or individuals targeted by statements or actions. witnesses or unintended bystanders not directly targeted. Daniel McCoy, SHRM Certified Professional

What are the Laws that Govern Harassment? Title VII of Civil Rights Act prohibits discrimination based upon race, color, national origin, religion or sex The Courts have determined sexual harassment as a discrimination based upon the Title VII State Laws have also been pro worker in dealing with sexual harassment in the workplace Equal Employment Opportunity Commission (EEOC) has defined what constitutes sexual harassment Daniel McCoy, SHRM Certified Professional

Does this Constitute Sexual Harassment? A Female Employee wears a tight mini skirt to work? A male superior make frequent comments about a female employee’s physique. Is this sexual Harassment? A female superior makes frequent comments about a male employee’s physique/ Does this constitute harassment? Daniel McCoy, SHRM Certified Professional

Does this Constitute Sexual Harassment? Can an individual invite someone who reports to them for coffee or lunch? What about a date? Can an individual comment to a co-worker about physical appearance? Am I creating a hostile work environment talking about television shows like The Real Housewives, The Affair, or Howard Stern Show? Can an individual ask a co-worker about his/her sex life? Daniel McCoy, SHRM Certified Professional

Types of Sexual Harassment Quid Pro Quo Hostile Environment Daniel McCoy, SHRM Certified Professional

Daniel McCoy, SHRM Certified Professional Quid Pro Quo Latin that means “ This for That” Put out or Get out Involves monetary loss or change in job Typically, requiring sexual favors for employment or advancement Daniel McCoy, SHRM Certified Professional

Daniel McCoy, SHRM Certified Professional What is Quid Pro Quo? Unwelcome sexual advances, request for sexual acts, and any physical or verbal conduct sexually when: -Submission is made a term of employment -Submission/rejection is used as a to determine employment decisions -Advancement is dependent on performing sexual favors Example: Mary receives smaller pay raises based on performance than other employees with similar performance because she refused to go out with her boss. Daniel McCoy, SHRM Certified Professional

Daniel McCoy, SHRM Certified Professional Hostile Environment Offensive conduct of a sexual nature or based on victim’s gender Severe and/or pervasive nature Creates a hostile, offensive or intimidating work environment Changes the term, condition or privilege to work Unwelcome Example: Mike Maloney is leering at and intentionally brushing against Sally Davis. Daniel McCoy, SHRM Certified Professional

What is Offensive Conduct? It can be Verbal: profanity, lewd jokes, derogatory language, propositions, sexual slang or discussions It can be Physical: fondling, pinching, unwanted hugs, touching, assault Demonstrative: Sexually charged cartoons, calendars, or objects; indecent gestures Others: includes threats and sabotage Daniel McCoy, SHRM Certified Professional

OK, Why do you need to know ? Sexual Harassment harms everyone Legally and Morally, we have a right to be treated fairly at work Sexual Harassment can undermine trust and respect and destroy a productive work environment Those who sexually harass or are harassed can be at any level or position in the company Daniel McCoy, SHRM Certified Professional

Why is it such an important issue, and why do we need to address it? One of the most important core values for companies is to ensure that all employees are treated with dignity and respect. Not reporting, condoning or worse, Engaging in sexual harassment is in direct conflict with employee safety and with most company values It is the law, Title VII of the Civil Rights Act prohibits sex discrimination. There are also state and fair labor laws that require compliance Daniel McCoy, SHRM Certified Professional

Cost of Sexual Harassment According to the EEOC, Companies in the United States have exceeded paying $295M over the past seven years in public penalties over sexual harassment. This does not include the untold amounts privately negotiates. * Restaurant Workers File More Sexual Harassment Claims Than Employees of Any Other Industry. There were more than 170,000 claims filed in the  US with the EEOC between 1995 and 2016.Over 10,000 by full-service restaurant workers and another 1000 from other types of eating establishments.** *https://finance.yahoo.com/news/cost-sexual-harassment-workplace-190250229.html **https://www.eater.com/2017/12/7/16746064/sexual-harassment-restaurant-workers-data-servers-cooks-bartenders

Daniel McCoy, SHRM Certified Professional Summary Sexual harassment is unwelcome sexual advances, requests for sexual favors and other verbal, written, electronic or physical conduct of a sexual nature that affects an individual’s employment, unreasonably interferes with his or her work performance or creates an intimidating, hostile or offensive work environment. There are two forms of sexual harassment: quid pro quo and hostile work environment. It is important to prevent sexual harassment in our workplace because it harms us all. It conflicts with most corporate value that all employees are treated with respect and dignity. Daniel McCoy, SHRM Certified Professional

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SHRM-Certified Professional Daniel G McCoy Business Consultant SHRM-Certified Professional Member of Society of Human Resource Management BS in Organizational Management-Covenant College MBA-Benedictine University 470-578-6450 DMcCoy@GeorgiaSBDC.org Daniel McCoy, SHRM Certified Professional

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