By Human Resources - Fall 2012 Sexual Harassment By Human Resources - Fall 2012

13,000 Claims filed with the EEOC in 2011 http://www.eeoc.gov/eeoc/statistics/enforcement/sexual_harassment.cfm

16% were claims filed by males

Q. Pressuring another employee for social activity, even when no sexual references or indications are made, can still be considered sexual harassment. True or False? True. Hostile environment harassment occurs when the alleged harasser’s actions are sufficiently severe or pervasive enough to create a hostile environment from the objective standpoint of a “reasonable person.” Title VII does not serve “as a vehicle for vindicating the petty slights suffered by the hypersensitive.” Zabkowicz v. West Bend Co., 589 F. Supp. 780 (1984); Harris v. Forklift Systems, 510 U.S. 17 (1993). Therefore, if the challenged conduct would not substantially affect the work environment of a reasonable person, no violation should be found.

Q. Claims as to the intent of the alleged harasser (i. e Q. Claims as to the intent of the alleged harasser (i.e., “he didn’t mean anything by it” or “he hugs all the women”) are considered when determining whether or not sexual harassment has occurred. True or False? False. Intent to discriminate is defined by what someone says and does and its impact on the alleged victim, not by what the alleged harasser “meant.”

Q. An employee wishing to report an incident of sexual harassment must follow the established “chain of command” when reporting their claim. True or False? False. Sexual harassment policies must provide a claimant with various avenues of redress. Since the claimant’s immediate supervisor might be the alleged harasser, policies must allow the aggrieved party some other path to follow. Burlington Industries, Inc. v Ellerth, 524 US 742 (1998); Faragher v City of Boca Raton, 524 US 775 (1998).

Defining guidelines of Sexual Harassment by the EEOC Unwelcome sexual advances Requests for sexual favors Sexually motivated physical contact Other verbal or physical conduct of a sexual nature, when: submission to that conduct is made a term or condition of an individual’s employment submission to that conduct is used as a factor affecting an individuals employment The conduct has the purpose or effect of interfering with an individuals employment, or Such conduct has the purpose or effect of creating an intimidating, hostile, or offensive employment Making someone believe that is a job requirement Making someone believe that they cannot be promoted unless X activities happen Making a work environment uncomfortable and unsafe

There are 2 types of sexual harassment in a workplace QUID PRO QUO (This for that) When sexual favors are demanded in return for a tangible job benefit. When an employee is threatened with being terminated or demoted from failure to meet a sexual request This is less common that the other, but it still happens. Normally between a supervisor and the employee, but not limited too. HOSTILE WORK ENVIRONMENT He/she was subjected to conduct of a sexual nature; the conduct of a sexual nature was unwelcome; the conduct of a sexual nature had the purpose or effect of creating an intimidating, hostile, humiliating or sexually offensive work environment; and the conduct unreasonably interfered with complainant's work performance or altered the terms and conditions of the complainant's employment. “quid pro quo” cases a single sexual advance may constitute harassment if it is linked to the granting or denial of employment benefits. A “hostile environment” claim generally requires a showing of a pattern of offensive conduct. But a single, unusually severe incident of harassment may be sufficient to constitute a Title VII violation; the more severed the harassment, the less need to show a repetitive series of incidents. This is particularly true when the harassment is physical.

Examples of HWE Examples of conduct that might create a hostile work environment include: inappropriate touching; sexual epithets, jokes, gossip, sexual conduct or comments; requests for sex; displaying sexually suggestive pictures and objects; and leering, whistling, or sexual gestures.  Harassing conduct need not be motivated by sexual desire in order to constitute sexual harassment. purely verbal conduct, without a physical component, may be severe or pervasive enough to create a hostile work environment.

Reasonable person This process is done by hypothesizing. -Courts use the “reasonable person” to determine if the action or behavior constitutes sexual harassment. -The accusations must be objectively severe or pervasive enough to create a work environment, that a reasonable person would find abusive This process is done by hypothesizing. Example - Charging Party alleges that her coworker made repeated unwelcome sexual advances toward her. An investigation discloses that the alleged "advances" consisted of invitations to join a group of employees who regularly socialized at dinner after work. The coworker's invitations, viewed in that context and from the perspective of a reasonable person, would not have created a hostile environment and therefore did not constitute sexual harassment. EEOC note – this is because someone may feel offensive to it. Epithet – an abusive word or phase (ex: the N word) used in place of the persons name or thing

2 Types of Discrimination Disparate treatment - defined by the United States Supreme Court as discrimination in which “the employer simply treats some people less favorably than others because of their race, color, religion, sex, or national origin Disparate Impact - A policy is neutral on its face, but disproportionately disadvantages members of a protected group(s)when put into practice. The policy doesn’t have to negatively impact all members of the protected group – just most members. Treatment –Refer to out Equal Employment Opportunity policy in the handbook Impact - failure to hire and failure to promote claims; disadvantages to women; pay increases, pregnancy, transfers, training programs, leadership programs, and firing policies.

Randolph’s Sexual Harassment Policy Any type of sexual harassment is against company policy may be unlawful Sexual harassment of any kind will not be tolerated at Randolph. Please refer to page 9, in section 1 of your handbook for the full policy.

I believe that I am a victim of sexual harassment, what do I do? Report the situation IMMEDIATELY to one of the designated managers Marcin Szymanski (manufacturing) Sarah Waszkiewicz (Human Resources) Or if you don’t feel comfortable with the above two, go to a manger of choice. The company will investigate every reported incident immediately and efficiently and in a discreet manner. We also recognize the serious impact of a false matter as well, we trust that all employees will act responsibly. Again, full procedure is in the handbook

Victim cont.… The reporting employee and any participating in any investigation under this policy will have the company’s assurance that no retaliation will be taken as a result of a sexual harassment complaint made in good faith. Out of respect for yourself, others and the business if you are involved in a sexual harassment investigation, please keep it 100% confidential. It must be a need to know basis only!

Equal Employment Opportunity Commission We strongly advise you to file a complaint of sexual harassment using our company complaint procedure, However, using out internal procedure does not prohibit you from contacting the following agencies: Equal Employment Opportunity Commission Mass Commission Against Discrimination Please refer to our sexual harassment policy in the handbook for contact information.