Sexual Harassment What Supervisors Need to Know

© Business & Legal Reports, Inc Session Objectives You will be able to: Understand legal and policy requirements Recognize what constitutes harassment Handle complaints effectively Participate in investigations Take appropriate corrective action Maintain a productive work environment

© Business & Legal Reports, Inc Session Outline Compliance with the law and our policy What constitutes sexual harassment Who’s affected by harassment Handling employee complaints Conducting investigations Taking corrective action

© Business & Legal Reports, Inc How Widespread Is Sexual Harassment? About 70% of women and 20% of men have experienced sexual harassment About 15,000 sexual harassment cases are filed each year Charges of sexual harassment cost U.S. companies almost $40 million each year Complaints filed by men have more than tripled in recent years

© Business & Legal Reports, Inc Why You Need to Know Sexual harassment: Damages organizations Undermines trust and respect Exposes us to damaging liabilities

© Business & Legal Reports, Inc Harassment and the Law Title VII The courts State law Equal Employment Opportunity Commission (EEOC)

© Business & Legal Reports, Inc Harassment and the Law (cont.) EEOC defines sexual harassment as sexual conduct that is: Unwelcome Harmful Illegal

© Business & Legal Reports, Inc Our Policy Provides a clear statement of our position against sexual harassment Promotes compliance and prevention by defining responsibilities Protects your rights and fosters respect for all

© Business & Legal Reports, Inc Our Policy (cont.) Familiarize yourself with the policy Publicize the policy Enforce the policy Review the policy periodically

© Business & Legal Reports, Inc Is This Sexual Harassment? A female employee wears miniskirts to work. Is this inviting harassment? A female supervisor makes frequent comments about a male employee’s physique. Is this sexual harassment? A male supervisor makes frequent comments about a male employee’s physique. Is this sexual harassment? YES NO

© Business & Legal Reports, Inc Is This Sexual Harassment? (cont.) Two co-workers forward each other off-color jokes they receive in s. Is this sexual harassment? An employee asks a co-worker out. Is this sexual harassment? Two co-workers develop a personal relationship. Is this sexual harassment? NO

© Business & Legal Reports, Inc Is This Sexual Harassment? (cont.) An employee posts a swimsuit calendar in his work area. Is this sexual harassment? An employee posts a male pinup in her work area. Is this sexual harassment? A good customer makes provocative comments to employees. Is this sexual harassment? YES

© Business & Legal Reports, Inc Sexual Harassment Do you understand Why it’s important to learn about sexual harassment and how it violates the law? The terms of our policy and your role in publicizing and enforcing it? What sexual harassment is and is not?

© Business & Legal Reports, Inc Tangible Employment Action Tangible employment action (quid pro quo) Automatic liability Tangible employment action must actually occur

© Business & Legal Reports, Inc Hostile Work Environment Severe or pervasive conduct (or both) Intimidating, hostile, or offensive displays

© Business & Legal Reports, Inc Hostile Work Environment (cont.) Examples include: Sexually explicit pictures, calendars, graffiti, or objects Regularly: Using dirty words Making sexual jokes Using obscene gestures Making rude comments of a sexual nature

© Business & Legal Reports, Inc Tangible Employment Action Or Hostile Work Environment? An employee is asked to talk about her raise with her supervisor after business hours at a romantic restaurant. An employee brings a sexually explicit gag gift into work for a co-worker’s birthday present. This is tangible employment action. This describes a hostile work environment.

© Business & Legal Reports, Inc Tangible Employment Action or Hostile Work Environment? (cont.) A supervisor regularly uses obscene language when talking to his employees. An employee who appears to be “very close” to the boss always gets the easiest job assignments. This is tangible employment action. This describes a hostile work environment.

© Business & Legal Reports, Inc Liability Automatic liability for supervisor’s tangible employment action If no tangible employment action, the workplace might avoid liability

© Business & Legal Reports, Inc Liability (cont.) Li ability for actions of co-workers Liability for actions of customers, clients, and independent contractors

© Business & Legal Reports, Inc Who’s Affected? Those who commit acts of sexual harassment, including: Employees at any level Clients or customers Members of the same sex

© Business & Legal Reports, Inc Who’s Affected? (cont.) Those who experience sexual harassment, including: Direct targets Bystanders and witnesses

© Business & Legal Reports, Inc Sexual Harassment Do you understand the two main forms of sexual harassment— tangible employment action and hostile work environment? Do you understand who may be affected by sexual harassment in the workplace?

© Business & Legal Reports, Inc Handling Complaints Encourage reporting Respond to all complaints Allow employees to bypass the normal chain of command

© Business & Legal Reports, Inc Handling Complaints (cont.) Respect confidentiality Strike a balance between confidentiality and the need to investigate Protect everyone’s rights

© Business & Legal Reports, Inc Dealing with Isolated Incidents Determine the exact nature of the incident Counsel the alleged harasser Reassure the victim Monitor the situation carefully

© Business & Legal Reports, Inc Conducting Investigations Questions for the employee filing the complaint

© Business & Legal Reports, Inc Conducting Investigations (cont.) Questions for the alleged harasser Questions for witnesses

© Business & Legal Reports, Inc Taking Corrective Action Take effective remedial action Balance competing concerns

© Business & Legal Reports, Inc Taking Corrective Action (cont.) Make certain the victim is not adversely affected Stop the harassment and make sure it doesn’t recur

© Business & Legal Reports, Inc Taking Corrective Action (cont.) Correct the effects of the harassment Follow up to make sure the problem is solved

© Business & Legal Reports, Inc Key Points to Remember! Sexual harassment is prohibited by law and workplace policy It involves more than physical conduct; it can also be verbal or visual Sexual harassment harms us all You have a responsibility to help prevent it