A federal jury awarded $514,656 to a female former Abbot Labs employee who claimed she was fired in retaliation for filing an internal complaint of sexual harassment against her male supervisor. They Made The News! $3.5 MILLION Baker & McKenzie, the world’s largest law firm, must pay up for creating a sexually hostile work environment. $107 Million – “Lucky” food store chain in California recently paid $107 million to settle a sexual harassment suit. Mitsubishi’s agreement to pay $34 million is the biggest sexual- harassment settlement ever obtained by the US Government A federal judge in NJ awarded $250,000 in damages for emotional distress to a former Continental Airlines pilot who alleged that she was subjected to a sexually hostile environment that included pornography left in the cockpit by her male co-worker

The bottom line is…NO ONE WINS !

Company Policy TXI HR Policy P-5 Non-Discrimination and Anti-Harassment

Policy P-5 Purpose – Is to insure that all employees are afforded a working environment that is free from any form of harassment and/or discrimination. The Company is committed to providing a work environment free from discrimination, harassment, intimidation, and coercion in any form. Such behavior is inconsistent with the Company philosophy of mutual respect for all employees and will not be tolerated.

Discrimination is…? Treating a person differently either intentionally or non-intentionally because of their race, sex, religion, age, national origin, disability, veteran status or any other classification protected by State or Federal laws.

Federal Laws

A few laws to think about… Civil Rights Act of 1964 Age Discrimination Employment Act Americans With Disabilities Act Executive Order 11246

Harassment Usually begins because of someone’s (you – me – others) personal prejudices, bias’s or wrong assumptions.

Harassment can be… Physical or Mental abuse Racial, religious, ethnic or sexual insults/comments Derogatory ethnic or sexual jokes Slurs directed toward female/minority or other protected groups… Percentage of employees reporting that they overheard slurs while on the job: Sexually inappropriate remarks (34%); Ethnic slurs (27%); Racial slurs (27%); Age related slurs (24%); Disability slurs (3%) and Sexual orientation slurs (20%). Unwelcome sexual comments or advances

Harassment can also be… Taunting, intended to provoke an employee Requests for sexual favors in return for special considerations (hiring, pay, or promotions) Display / distribution of photos, drawings, calendars, posters and of an offensive or inappropriate nature. Harassment can also be defined as a single event or a pattern of behavior that creates an environment that is hostile, offensive or intimidating.

Federal Law Under Federal Law, unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals or Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

QUID PRO QUO Quid pro quo sexual harassment occurs when an individual’s submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions affecting the individual or the individual’s submission to such conduct is made a term or condition of employment

HOSTILE ENVIRONMENT Hostile Environment sexual harassment occurs when unwelcome sexual conduct unreasonably interferes with an individual’s job performance or creates a hostile, intimidating or offensive work environment even though the harassment may not result in tangible or economic job consequences.

Hostile Environment might include: Repeated requests for sexual favors Demeaning sexual inquiries and vulgarities Offensive language Other verbal or physical conduct of sexual nature Sexually offensive, explicit or sexist signs, cartoons, calendars, literature or photograph displayed in plain view Offensive and vulgar graffiti

What about “consensual” relationships? These type of relationships on the surface are not illegal in and of themselves. On the other hand, when they go bad…the door opens to a variety of problems and accusations, et. Which then have to be dealt with. THIS AIN’T COOL !

Ways of creating a hostile environment Verbal Harassment Physical Harassment Visual Harassment Requests for Sexual Favors Gender Harassment

Important things to remember: Sexual harassment does not have to be intentional. What is offensive is in the “eye of the beholder.” Both men and women can be sexually harassed. Men can sexually harass men - Women can sexually harass women. Offenders can be supervisors, co-workers, customers, vendors or suppliers. The harasser’s conduct must be unwelcome.

When any unwanted, unwelcome, or unsolicited sexual conduct is imposed on a person who regards it as offensive or undesirable…. It then becomes “SEXUAL” HARASSMENT ! When a person communicates that the conduct is inappropriate….it becomes ILLEGAL to continue it further.

We should all understand… A person’s private sexual activities do not constitute a waiver of their legal protection against unwelcome and/or unsolicited sexual harassment.

What can you do to prevent it? Recognize it Be familiar with the policy (let’s look at the Policy for a few moments) Don’t be afraid to ask for help if you’re not sure (Supervisor or HR) Do all you can to aid investigations

What if you’re asked not to report it?

OUR POLICY SAYS: Employees who feel comfortable doing so should directly inform the person engaging in harassment that such conduct or communication is offensive, and is contrary to company policy and must cease. EMPLOYEES SHOULD…..

OUR POLICY SAYS: If the harasser is the employee’s supervisor, the employee should immediately contact the Human Resources Department for guidance. EMPLOYEES SHOULD…..

OUR POLICY SAYS: Employees who are not comfortable communicating directly with their harasser, or who have been unsuccessful in communicating with their harasser, should immediately contact their supervisor or the Human Resources Department. EMPLOYEES SHOULD…..

INVESTIGATION OF COMPLAINTS

CONFIDENTIALITY

RETALIATION Policy – Page 2; Paragraph 4 states…

FAQ’s Is sexual harassment always about men harassing women? Is all harassment illegal? Has the concern about harassment taken all the fun out of the workplace? Do we all have to be “politically correct” prudes?

FAQ’s If I observe harassment but the person being harassed does not complain, what should I do? What should I do if I’m not sure it violates the policy? What happens if someone accuses me of harassment?

FAQ’s There are many types of harassment. Why are we talking so much about sexual harassment?

QUESTIONS??