A Three Step Approach to Preventing and Addressing Sexual Harassment in the Workplace John J. Berard Labor Relations Specialist August 3, 2010

Introduction & Overview  Provide an overview on Human Resources best practices in creating, implementing and enforcing a policy on Sexual Harassment prevention  Answer your questions

POLICY Should include the following: Statement prohibiting sexual harassment Broad definition of sexual harassment including quid pro quo and hostile work environment Examples of prohibited conduct – unwelcome behavior, conduct of a sexual nature, sexual innuendos, use of , etc. Encourage timely reporting of complaints and specify a detailed process for reporting, including identifying specific individuals to receive such complaints No-Retaliation clause Commitment to keep complaints as confidential as possible Notice that policy violations will result in disciplinary action, up to and including termination of employment Identify other resources available to complainant – Equal Employment Opportunity Commission, State Human Rights Commissions, Unions (if applicable), Employee Assistance Programs, etc.

DISSEMINATION & TRAINING  Copies of Policy should be provided to all employees at time of hire and periodically thereafter  Post in prominent areas  Conduct informational meetings  Annual training on policy/recognizing and reporting prohibited behavior

DISEMMINATION & TRAINING Supervisors and Managers  More extensive training on how to address prohibited conduct when discovered – adherence to policy  Receive clear notice on prohibited conduct by as a result of supervisory roles (fraternization)  Requirement to report and appropriately address prohibited behaviors  Requirement to report and appropriately address complaints regardless of whether the complainant wishes to do so (“mandatory reporting”)

ENFORCEMENT  Acknowledge all complaints in writing with a notice to report any retaliation  Investigate completely and investigate in a prompt and timely manner  Take steps to ensure the situation does not escalate during the investigation – consider separating complainant and alleged harasser  Follow up on retaliation complaints separately  If substantiated – address the misconduct quickly, appropriately and consistently  If unsubstantiated – communicate the findings to both the complainant and alleged harasser. Reiterate prohibition against sexual harassment and retaliation.

Discussion/Questions o False Accusations o Consensual Relationship Agreements (Love/Romance contracts) o Questions

References Faragher v. City of Boca Raton, 524 U.S. 775 (1998) Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986) This presentation is designed to provide general information in regard to the subject matter covered. The presenter is not rendering legal service and this presentation should not be utilized as a substitute for professional legal advice.