PROTEÇÃO DAS MÃOS: LIÇÕES PARA TODA A VIDA

Objectives Define sexual harassment Describe a manager’s responsibilities in preventing and handling sexual harassment List the steps you should follow when handling a complaint of sexual harassment Explain how to investigate an allegation of harassment Establish guidelines for concluding the investigation.

Sexual Harassment When an individual’s response to: Unwelcome sexual advances Unwelcome requests for sexual favors Unwelcome verbal or physical conduct of a sexual nature Affects his or her: Employment Job performance Work environment.

Unwelcome Physical Contact Touching Hugging Kissing Pinching Flirting Brushing up against Blocking a person’s path.

Unwelcome Verbal Behavior Obscenities Suggestive comments or jokes Sexual propositions Inappropriate humor Threats Remarks about physical attributes.

Unwelcome Non-Verbal Behavior Staring Obscene gestures Sexually suggestive glances Suggestive noises Sexual content on computer displays Printed calendars or posters Inappropriate letters or email.

Victim’s Perception Sexual harassment violations are based on the perception of the victim, not the intentions of the accused.

A Manager’s Responsibilities Be aware of the warning signs Document participation in formal training Provide copy of harassment policy and procedures Document steps taken to resolve an issue Investigate complaints immediately Comply with EEOC guidelines Hire an outside investigator if necessary.

Warning Signs Significant changes in work habits Increased absenteeism Frequent physical ailments Sudden change in physical appearance Withdrawal from co-workers Decreased self-confidence.

Create a Safe Environment Have an open door policy Show attitude of respect and concern Take all complaints seriously Be objective and fair.

Taking a Complaint Listen attentively without interruption Refrain from offering opinions Allow the person to talk Take careful notes Ask questions to get all the facts Encourage them to talk openly.

Questions to Ask the Complainant What exactly occurred? When did it occur? Is it still on-going? Where did it occur? How often did it occur? How did it affect you?

Questions to Ask the Complainant (cont’d) How did you react? Was there anyone present when it occurred? Did you tell anyone about it? Is there any documentation or evidence of the incident? How would you like to see the situation resolved?

Dealing with Emotions Acknowledge their feelings Empathize Appreciate their courage Tell the victim they were right in addressing their concern Assure the victim they are not to blame.

Gather Information Determine specifics of the harassment Identify the frequency of the offense Ask the context and nature of the relationship Get names of witnesses Document incident and notify HR Proceed with investigation.

Confronting the Accused Be direct, firm and fair State purpose of meeting Explain seriousness of accusation Describe potential consequences Listen carefully and document everything Be objective.

Questions to Ask the Accused What is your response to these allegations? If the accused claims the allegations are false, ask why the accuser might lie. Are there any persons who have relevant information? Is there any documentation or evidence of the incident? Do you know of any further information?

Interviewing Witnesses Meet privately State reason for meeting Don’t provide details of claim Get all the facts Include witnesses’ observations Ask witnesses to maintain confidentiality.

Concluding the Investigation Be thorough but fair Follow company procedures Evaluate the evidence Communicate your decision Explain disciplinary action Follow-up to ensure no retaliation.

California Law Explicitly outlaws sexual harassment Protects employees, independent contractors and applicants Applies to any size employer Liability can be placed on employer, co-workers and managers Supervisory training requirement.

Claim Filing Limitations 300 days for Title VII claims 365 days for California law claims No cap on damages on CA law claims.