Sexual Harassment for Managers

Definition: According to the EEOC, sexual harassment is defined as: Any unwelcome sexual advances, Requests for sexual favors, and Verbal or physical conduct of a sexual nature when: Sexual Harassment for Managers: - submission to this 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 individual, - and such conduct creates an intimidating, hostile or offensive work environment.

Types: Quid pro quo - This phrase basically means “something for something.” For instance, a manager or supervisor promises to give you a pay raise, promotion, transfer, etc. in exchange for some sexual favor or possibly you are passed over for promotion, not given a pay increase, transferred, etc. because you did not agree to the sexual favor. Hostile Work Environment - Comments or conduct based on sex, sexually orientated material, or other offensive material is considered harassment when they unreasonably interfere with an employee's work. These include any thing that is: – Unwelcome, Severe, or Pervasive – Intimidating, Hostile, or Offensive Sexual Harassment for Managers:

Potential Victims or Harassers Many times there will be more than just one victim when sexual harassment occurs. - Any employee who was passed over for a promotion because someone else received the promotion due to quid pro quo harassment is also a victim. - If a hostile work environment is created by a person's unwelcome actions, then it is possible that more than one employee is affected. - A victim is anyone who is adversely affected by sexual harassment in the workplace. Sexual Harassment for Managers:

Potential Victims or Harassers - Sexual harassment victims can be female or male. Harassment can occur between members of the opposite sex (male to female or female to male) as well as members of the same sex (male to male or female to female.) Sexual Harassment for Managers: - Harassment can come from many sources and even from outside the company. Managers, supervisors, coworkers, customers, vendors, suppliers, delivery drivers, contractors and sales representatives can all be capable of engaging in harassing conduct.

- Prevention should be the primary goal of the company policy and is the best method to eliminate sexual harassment in the workplace. The policy should contain: - A clear definition of sexual harassment. - Strong statements that communicate to all employees that sexual harassment will not be tolerated. - Standards for appropriate dress code, workplace behavior and personal belongings (pictures, calendars, magazines, etc.) - Statements assuring employees that the company will take immediate and appropriate corrective action whenever harassment has occurred. Company Policy Sexual Harassment for Managers:

Company Policy - Names of appropriate personnel and departments to which employees can report possible harassment. More than one person should be designated to take complaints. - Statements assuring that the employer will protect the confidentiality of harassment complaints as much as possible. - Language informing all employees that any form of retaliation against someone that brings a harassment charge or provides information will not be allowed. - Complaint or grievance procedures that provide a prompt, thorough and impartial investigation. - Remedies for the victim as well as disciplinary actions for the harasser. - Corrective procedures to take to minimize any recurrence of the harassment.

Ways to Prevent Sexual Harassment Sexual Harassment for Managers: - Create and distribute the company sexual harassment policy to all employees. - All supervisors and managers should understand their responsibilities under the company's sexual harassment policy. - Education and training are essential tools for preventing sexual harassment.

Investigating Allegations Sexual Harassment for Managers: The main steps of a fact-finding investigation are: 1. Chose an investigator 2. Conduct interviews 3. Determine credibility of interviews 4. Gather any additional information 5. Make determination of harassment case 6. Apply appropriate corrective and disciplinary measures 7. Maintain records of investigation

Investigating Allegations Possible questions that should be asked of: Alleged Victim - What occurred? - Who committed the alleged harassment? - When and where did the harassment occur - How often has the offensive behavior occurred? - How did it affect you and how did you react? - Has your job been affected? - Were there any other people present when the incident occurred? - Are there any notes, physical evidence or other documentation to support the harassment claim? - Do you know of any other pertinent information? - How would you like to see the situation resolved? Sexual Harassment for Managers:

Investigating Allegations Possible questions that should be asked of: Alleged Harasser - What are your thoughts about the allegations? - Why would the alleged victim make such claims? - Are there any notes, physical evidence or other documentation to refute the claim? - Were there any other people present when the incident occurred? - Do you know of any other people with pertinent information? Sexual Harassment for Managers:

Investigating Allegations Possible questions that should be asked of: Potential Witnesses and Other Parties - What did you see or hear? - When and where did the incident occur? - Describe the alleged victim's and harasser's behavior towards each other. - Do you know of any other pertinent information? - Are there any other persons with information about the case? Sexual Harassment for Managers:

Investigating Allegations Some factors and relevant questions the investigator should consider include: - Inherent Plausibility: Is the testimony believable? Are there any contradictions in the facts? - Behavior: Did the person seem to be telling the truth? - Incentive: Did the person have a reason to lie? - Verification: Is there any testimony or physical evidence that confirms the persons statements? - Employee File: Is there anything in the person's employment file to show similar behavior in the past? Sexual Harassment for Managers:

If harassment has been determined to have occurred, employers must take appropriate actions. Corrective measures should be designed to stop the harassment, ensure that it does not happen again and correct the effects on the employees. The corrective measures taken do not have to be those that the victim requested or preferred but, they must be effective. Disciplinary action should be proportional to the seriousness of the incident. Minor issues might only warrant such disciplinary actions as an oral warning and retraining. If the harassment was severe then stronger discipline would be necessary such as suspension and or termination of employment. Sexual Harassment for Managers:

Measures taken should not affect the victim negatively. Corrective measures taken that penalize the victim could constitute unlawful retaliation. Measures should be designed to place the employee in the position he/she would have been had the incident not occurred. Examples of such measures might include an apology from the harasser, reinstatement, promotion, wage increase, replacement of time taken off and correction of any other effect caused by the incident. A written report should be kept of the investigation. All files should be kept confidential and only authorized personnel allowed to view them. These files might be needed should future harassment charges be alleged Sexual Harassment for Managers:

- As part of the management team, you must take sexual harassment seriously. - Utilize the training and education programs provided to you to prevent harassment in your work area. - Watch for indications of harassment among your employees. Discourage behavior that could lead to sexual harassment allegations. - Take action immediately if sexual harassment has been alleged, correcting the problem quickly and ensuring the situation is properly handled. - Everyone in your company will benefit from a workplace free from sexual harassment. Conclusion Sexual Harassment for Managers: