Love and Lust in the Workplace UT-Battelle Labor & Employment Training Zan Blue Constangy, Brooks, Smith & Prophete LLP August 13, 2015 ©2015 Constangy, Brooks, Smith & Prophete, LLP

Our starting point There are portions of this program that may make you uneasy. This is normal and consistent with real world experience. That said, let’s get on with it. ©2015 Constangy, Brooks, Smith & Prophete, LLP

Our starting point 1.People like sex. 2.People meet people they are attracted to at work. 3.People act on that attraction in strange and mysterious ways. 4.This is reality. ©2015 Constangy, Brooks, Smith & Prophete, LLP

Truth is stranger than fiction or, “every time I think that can’t be topped...” The painted lady The selfie The thumb drive The Velvet Dog The “girls on the dock” The attempted conversion ©2015 Constangy, Brooks, Smith & Prophete, LLP

The Classics Love gone bad Busted Lust just gone We were having fun He’s gorgeous (or she) The flirt ©2015 Constangy, Brooks, Smith & Prophete, LLP

The Classics And now we bring you , social media, revenge porn, links, and sexting. Oh my. What we do. ©2015 Constangy, Brooks, Smith & Prophete, LLP

Unfortunate truth “It is a sin to think evil of others. But it is rarely a mistake.” H.L. Mencken ©2015 Constangy, Brooks, Smith & Prophete, LLP

“The facts” There are four versions of every story: 1.The plaintiff’s 2.The alleged actor’s 3.What can be proven 4.What really happened ©2015 Constangy, Brooks, Smith & Prophete, LLP

The Basics of Harassment While we are talking about sex, harassment, of course, comes in all sorts of prohibited varieties. ©2015 Constangy, Brooks, Smith & Prophete, LLP

The Basics of Harassment Zero tolerance doesn’t work. Don’t have a policy you aren’t going to enforce. ©2015 Constangy, Brooks, Smith & Prophete, LLP

The Basics of Harassment Words Images Actions ©2015 Constangy, Brooks, Smith & Prophete, LLP

The Basics of Harassment Unwelcome Severe and pervasive Affecting working conditions ©2015 Constangy, Brooks, Smith & Prophete, LLP

The Basics of Harassment What is legally prohibited harassment? There is a sort of sliding scale, considering words, images and actions. ©2015 Constangy, Brooks, Smith & Prophete, LLP

The Basics of Harassment How do I know what is prohibited? Well, that is the question, isn’t it? I recommend a test. ©2015 Constangy, Brooks, Smith & Prophete, LLP

The Basics of Harassment The Momma Test If you would say it, show it, or do it in front of your Momma, it is probably OK. If you wouldn’t, it probably isn’t. ©2015 Constangy, Brooks, Smith & Prophete, LLP

So, what to do? Have a policy. Train managers, supervisors and employees. Start with the C Suite. Publish the policy. Train some more. Don’t use those computer based programs. ©2015 Constangy, Brooks, Smith & Prophete, LLP

So, what to do? Have a reporting mechanism that works. Take complaints seriously. There are no “I don’t want you to do anything” reports. None. Only someone who knows what they are doing should investigate. ©2015 Constangy, Brooks, Smith & Prophete, LLP

Your objective Your objective is to prevent unwelcome harassment of any sort in the workplace and deal effectively with any complaints. HR succeeds when nothing bad happens. ©2015 Constangy, Brooks, Smith & Prophete, LLP

Your objective It is a good defense to any harassment charge (OK almost any) to: 1.Have a well published policy and reporting process that 2.The claimant unreasonably failed to use. ©2015 Constangy, Brooks, Smith & Prophete, LLP

So, what to do? Remember the moral of the story of The Boy Who Cried Wolf. ©2015 Constangy, Brooks, Smith & Prophete, LLP

So, what to do? Remember the moral of the story of The Boy Who Cried Wolf. The wolf came. ©2015 Constangy, Brooks, Smith & Prophete, LLP

So, what to do? Oh, and another rule you should have in your organization. Good luck with it. ©2015 Constangy, Brooks, Smith & Prophete, LLP

So, what to do? Don’t get your honey where you get your money. Just don’t do it. ©2015 Constangy, Brooks, Smith & Prophete, LLP

So, what to do? Documentation You know what to do Who, what, where, when, how Statements –written, signed and dated Will it be OK on the front page of the New York Times? ©2015 Constangy, Brooks, Smith & Prophete, LLP

So, what to do? Decision making Can I say I looked into this carefully, I thought about it, I conferred with knowledgeable people, and I did the right thing? ©2015 Constangy, Brooks, Smith & Prophete, LLP

Endless struggle Sex is going to continue to be a basic human need and desire. This issue always will be with us in the workplace. ©2015 Constangy, Brooks, Smith & Prophete, LLP

Endless struggle People are going to fuss and fight, argue about religion and politics, seek out sex, lie, cheat, steal and such. That is reality. And job security. ©2015 Constangy, Brooks, Smith & Prophete, LLP

Love and Lust in the Workplace UT-Battelle Labor & Employment Training Zan Blue Constangy Brooks Smith & Prophete LLP August 13, 2015 ©2015 Constangy, Brooks, Smith & Prophete, LLP