Travis Manion Foundation Group Inclusion and Anti-Harassment Training Prepared for Travis Manion Foundation Presented by John Dinome 2018

WHY DO WE CARE ABOUT WORKPLACE HARASSMENT? Legal Liability Employee Morale Bottom Line?

WHAT IS WORKPLACE HARASSMENT? Unwelcome, unwanted or offensive conduct motivated by a person’s protected class; AND

WHAT IS WORKPLACE HARASSMENT? Either the conduct- results in a tangible employment action; OR is severe or pervasive to create a work environment that a reasonable individual would not be able to tolerate and that unreasonably interferes with the employee's working conditions

TYPES OF SEXUAL HARASSMENT There are two forms of Sexual Harassment Quid Pro Quo Hostile Work Environment

WHEN IS AN EMPLOYER LIABLE FOR HARASSMENT? Harassment by Supervisors Strict Liability if it culminates in a tangible employment action With no tangible employment action taken, affirmative defense may be raised

AFFIRMATIVE DEFENSE Two pronged affirmative defense: The employer exercised reasonable care to prevent or promptly remedy the harassing behavior; AND The employee alleging harassment unreasonably failed to take advantage of preventative or corrective remedies provided by the employer.

THE AFTERMATH Workplace productivity Cliques Retaliation for complaints The whisper campaign

WHAT IS RETALIATION? Employee participated in a protected activity (complaint of harassment) Employer/manager took an adverse action against the employee Casual connection between the protected activity and the adverse action

TRAVIS MANION FOUNDATION POLICIES & REPORTING STRUCTURE Reporting harassment by staff, executives, offices, or management-level employees Travis Manion Foundation’s responsibility to respond

BYSTANDER TRAINING Is it useful or harmful?

COMPANY CULTURE Unintended consequences?

EXAMPLE SCENARIO 1 Jill is very attracted to her boss, Robert. They are both single and she asks him to her house for dinner. After a pleasant evening and a few too many drinks, they spend the night together. Is this sexual harassment?

ANSWER- SCENARIO 1 No black-and-white answer Could expose the employer to a future lawsuit Appears mutually desired by consenting adults; BUT: Consider power dynamic

EXAMPLE SCENARIO 2 Tyler wants his coworker, Sue, to make some changes to a document she drafted. He comes up behind her while she is at her computer to show her which changes to make, and puts his arm around her with his hand on her shoulder while explaining the changes. Is this sexual harassment?

ANSWER- SCENARIO 2 Courts have said that physical touching can quickly create an illegal work environment Best policy is not to touch at work

EXAMPLE SCENARIO 3 Manager: Could you track Claire down and let her know I want to see her right away? Claire: You wanted me? Manager: Of course I want you, but we can talk about that later. What I need right now is an update on your work last week. Is this sexual harassment?

ANSWER- SCENARIO 3 Sexual Innuendos and conversations implying sexual meaning can be considered sexual harassment One word or interaction is not severe or pervasive- but this could be considered harassment if it continues

QUESTIONS What if I’m just complimenting a coworker? Should I just avoid spending any alone time with women? Feel free to ask us any additional questions!

Questions? John Dinome john.dinome@americanacademic.com (215) 241-7954