Sexual Harassment Training Presented by Northeast Montana Job Service - Montana Dept. of Labor and Industry

Agenda w Why talk about sexual harassment? w Why are we here today? w What is sexual Harassment? w Who can commit Sexual Harassment? w Who can experience Sexual Harassment? w Specific forms of Harassment w Who is liable?

Agenda w What isn’t Sexual Harassment? w Is this Sexual Harassment? w Objectives of Sexual Harassment Policy w General guiding principles w FACTS w Test your knowledge w Final thoughts

Why talk about Sexual Harassment? w It’s in the news w It affects employers of all types and sizes w It appears in many forms of entertainment

Why are we here today? w Company Objective A commitment to dignity and respect in the workplace How sexual harassment affects employee morale Sexual harassment impacts the bottom line

Why are we here today? w Legal requirements Title VII of the Civil Rights Act of 1964 prohibits sexual harassment in the workplace Complying with the law is desirable and necessary

What is Sexual Harassment? w Title VII Title VII prohibits discrimination in employment based on race, color, religion, sex, or national origin The courts have interpreted discrimination based on sex to include sexual harassment

What is Sexual Harassment? w Conduct of a sexual nature in the workplace w Includes any unwelcome: Sexual advances Requests for sexual favors Verbal and physical conduct or a sexual nature Display of sexually explicit or suggestive materials

Who can commit Sexual Harassment?

Who can experience Sexual Harassment w Direct targets of harassment w Bystanders w Witnesses

The specific forms of harassment w Quid Pro Quo w Consists of: Something for Something w Usually occurs within the context of a supervisor-employee relationship

The specific forms of harassment w Hostile Work Environment w Consists of: Severe and pervasive conduct Unreasonable interference with an individual’s job performance Offensive, intimidating, hostile work environment w Can be created by anyone in the workplace

The specific forms of harassment w Hostile Work Environment w Considerations How frequent is the conduct? How severe is the conduct? Is the conduct physically threatening, humiliating, or merely an offensive utterance? Does the conduct unreasonably interfere with an individual’s work performance?

When is an employer liable? w Quid Pro Quo Liability is automatic

When is an employer liable? w Hostile Work Environment Supervisors Tangible employment action No action Non-supervisors

What isn’t Sexual Harassment? w The stray remark w The overly sensitive employee w Consensual relationships

Is this sexual harassment? w Workplace Scenario You be the Judge

Is this sexual harassment? w Scenario: Edna has worked for Mark a manager, for almost ten years. As Mark’s administrative Assistant, Edna knows Mark and idiosyncrasies better than anyone else. For example, how Mark like to call Edna and the other female co-workers “Babe” how he often rests his hand on Edna’s shoulder while he dictates a letter, and how he often compliments the female typists on their appearance and dress. In the past, none of this ever particularly bothered Edna. Edna always felt that Mark’s behavior was harmless and characteristic of men from Mark’s generation. Last week, Mark issued a written warning to Edna based on her misuse of company phones and excessive absenteeism. Edna has now filed a formal internal complaint charging Mark with sexual harassment.

Is this sexual harassment? w Is this Sexual Harassment? Edna probably does not have a valid complaint. A person might be offended by Mark’s behavior, the facts suggest that Edna has never previously been offended. Also since Edna’s complaint comes on the heels of a recent disciplinary action, the validity of her complaint is somewhat suspect. It is important to note, however, that any one of the other females in the office that has been subjected to Mark’s behavior may have a valid complaint.

The objectives of a workplace sexual harassment policy w To provide a uniform statement of expectations w To protect employee rights Foster respect for all parties Respect confidentiality Prohibit retaliation w To promote compliance and prevention Management and employee responsibilities

General guiding principles w Follow the FACTS w F - Familiarize yourself with the company policy w A - Address incidents of sexual harassment immediately w C - Cooperation w T - Thorough investigation w S - Satisfactory resolution

Follow the Facts w F - Familiarize yourself with the company policy read the policy ask questions keep a copy in a safe place

Follow the Facts w A - Address incidents of a sexual harassment immediately Employee must report Management must respond

Follow the FACTS w C - Cooperate Full cooperation of all parties is expected and required

Follow the FACTS w T - Thorough investigation Documentation of complaints Employee interviews Signed statements

Follow the FACTS w S - Satisfactory resolution Swift response and resolution Objective review of the facts Fair and appropriate response

Final thoughts w Important points to remember Remember Sexual Harassment can be physical, verbal or visual conduct. It is anything of a sexual nature in the workplace that is not welcome. Sexual harassment is unlawful. w Test your knowledge Test your skill: True or False 1.The victim has to be of the opposite sex – False 2.2. One act of sexual harassment may be sufficient to constitute an actionable claim – True 3.3. An employer can be held liable for the sexual harassment of employees by customers or other third parties – True

Final thoughts The employer does not have an obligation to investigate a report of sexual harassment if the employer learns of the harassment from someone other than the victim (hearsay evidence) and the victim does not want any action taken - False