SEXUAL HARASSMENT PREVENTION TRAINING Good morning, my name is ________ and I am the ____________ with the (name of state agency). I would like to welcome each of you to Sexual Harassment Prevention training. (State previous experience regarding Sexual Harassment Issues). Now that you know who I am, I would like for you to introduce yourself. Please tell me your name, your position, the agency you work for, and your expectations of this training course.

Sexual Harassment Prevention Training AGENDA Introductions Training Objectives Sexual Harassment Defined Recent Court Decisions Break Video What should you do if you are a victim, alleged respondent, or a witness in a Sexual Harassment complaint? Preventative Measures & Avoiding Liability Question & wrap-up Enclosed in your packet on page one is an agenda. While I may deviate from it slightly, we will be covering all the the topics as outlined. Later this afternoon, we’ll take a 15 minute break. Shortly thereafter, you will see a very good video and then we’ll conclude our discussion on sexual harassment. My presentation style is informal so please feel free to ask questions during the presentation.

Training Objectives Develop a clear understanding of the State of Indiana’s Policy regarding Sexual Harassment. Review how the EEOC and courts have defined Sexual Harassment. Identify what to do if you are a victim of Sexual Harassment. List the behaviors which can constitute Sexual Harassment Now before we actually begin, I would like to briefly discuss our training objectives and the agenda (state agency objectives and agenda). The following are the training objectives that we have identified. First, we would like for you to develop a clear understanding of the State of Indiana’s Policy on Sexual Harassment. You may find the State of Indiana’s Policy contained in your manual on (identify page where policy may be found). During the course of this training session, I will identify key points of the policy. As a state employee, I hope that you have familiarized yourself with this policy. If not, I encourage you to take ample time to read this policy in a thorough manner upon completion of this course. Upon reading the State of Indiana’s policy on Sexual Harassment, if you have questions, please consult with your immediate supervisor or someone in your HR department. Secondly, we will review how the Equal Employment Opportunity Commission (EEOC) and the Supreme Court have defined Sexual Harassment. Throughout the course, we will take a look at the most recent Supreme Court cases and what impact those cases have had on employees and employers. Thirdly, we will identify the behaviors that may constitute Sexual Harassment and discuss the necessary steps to eliminate offensive behavior. Next, I hope that you will learn the role of a supervisor, manager, co-worker, or HR manager in addressing Sexual Harassment issues in the workplace. Thereafter, we will review what to do if you are a victim of Sexual Harassment or an alleged Respondent. Finally, we will learn to create an environment where employees respect and value each other as individuals. Does anyone have any questions at this point? Good. Let’s move on!

The Costs of Sexual Harassment are High! THE BOTTOM LINE: Before we actually define sexual harasment - I’d like to share with you just how costly sexual harassment is to employers.

1990 to 1998 Sexual harassment charges filed with EEOC and state fair employment practice agencies have more than doubled. 6,127 to nearly 16,000 (150% increase) $7M to $34M There has been an explosion in the number of sexual harasmment charges filed with the EEOC and state and fair employment practice agencies. This number increase by more than 150% from 1990 to 1998 rising from 6,127 to nearly 16,000 charges. The monetary damages under the 1991 Civil Rights Act make Sexual harassment even more costlier to companies than it was before.

Post-suit Settlements Liquor Importer (Vodka Distributor) $2.6M settlement 100 + female employees alleged bad guys (top executives/customers) Lets just see how costly sexual harssment can be. Involved more than 100 female employees who were subjected to acts of SH by the President and owner as well as by other management employees and customers. Liquir Importers has agreed to pay 2.6 Million dollars to selle this lawsut. In addition, Liquor Importer has agreed to take notable steps to provide greater protection from workplace harassment including training for all supervisors, and implement a comprehensive policy against descrimination and sexual harassment.

Post-suit Settlements Astra USA (pharmaceutical) $10M settlement 80 employees 30 alleged bad guys (top executives/sales force) Astra is a case that was settled in 1998. The EEOC alleged that Astra violated title VII of the Civil Rights Acto fo 1964 by maintaning a sexually hostile work environmnet and retaliating against employees who reported or objected to such behavior. The EEOC’s investigation revealed that at least since January 1993, Atra’s management officials, including former president subjected female employees to a hostle work environment and in some instance, quid pro quo harassment. Astra will pay 10 M in damages to its victims.

Post-suit Settlements Ford (auto manufacturer) $8M settlement female employees 10M in training to all employees This is a more recent case settled this year. The EEOC has reached a settlement with Ford Moter Company providing nearly 8 million in damages to be paid to female employees who were alleged to have been victimized by Sexual and racial harssment. The interesting not in this case is Fords plan to spend almost 10 m to conduct training. This is just a sampling of cases currenlty being settled with the EEOC and Courts. The message is clear that managers, HRD’s and Supervisors must not wait until the conduct rises to the level of unlawful sexual harassment before stepping in. Which means that when a female employee complains to a supervisor that a male coworker made crude comments in front of others in the office about how large her breasts are, the supervisor take prompt measures to correct the situation. While one isolated offensive comment does not constitue SH, it is important to understand that un-welcome comments or conduct of a sexual nature are not appropriate and may constitue sexual harassment.

Post-suit Settlements Mitsubishi (auto manufacturer) $34M Settlement Class action “pattern or practice” 300 victims This is a more recent case settled this year. The EEOC has reached a settlement with Ford Moter Company providing nearly 8 million in damages to be paid to female employees who were alleged to have been victimized by Sexual and racial harssment. The interesting not in this case is Fords plan to spend almost 10 m to conduct training. This is just a sampling of cases currenlty being settled with the EEOC and Courts. The message is clear that managers, HRD’s and Supervisors must not wait until the conduct rises to the level of unlawful sexual harassment before stepping in. Which means that when a female employee complains to a supervisor that a male coworker made crude comments in front of others in the office about how large her breasts are, the supervisor take prompt measures to correct the situation. While one isolated offensive comment does not constitue SH, it is important to understand that un-welcome comments or conduct of a sexual nature are not appropriate and may constitue sexual harassment.

WHAT IS SEXUAL HARASSMENT? 1) Via your office e-mail, you send your best friend a sexually explicit joke. 3) You call everyone “hon, sweety, and/or babe.” Before we get into the definition of sexual harassment, I would like for you to write four statements down on a piece of paper and after you write it down, I want you to determine if that statement is, isn’t or maybe sexual harassment. 1) Via your office e-mail, you send your best friend a sexually explicit joke. 2) Hiding in your office desk drawer is your favorite edition of play boy or playgirl magazine. 3) You call everyone “hon, sweety, and/or dear.” 4) You are a touchy feely type person and tend to pat everyone on the hand, back or shoulder. Lay those aside for right now and we’ll revisit them later in the presentation. 2) Hiding in your office desk drawer is your favorite edition of playboy/playgirl magazine. 4) You have a habit of patting everyone on the hand, back or shoulder.

EEO Defines Sexual Harassment Unwelcome sexual advances, request for sexual favors, and verbal or physical conduct of a sexual nature when: - A term or condition of one’s employment, - Basis for employment decisions, - Interferes with the individuals work performance, - Creates an intimidating, hostile or offensive work environment. On page four, The EEO guidelines state that Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when: (1) submission to such act is made either explicitly or implicitly a term or condition of one’s employment; (2) when submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or (3) when the harassment has the purpose or effect of unreasonably interfering with the individual=s work performance or creating an intimidating, hostile or offensive work environment. Finally, the EEO guidelines state that an employer is liable for sex discrimination when an employee male as well as female is qualified but denied an employment opportunity which is granted to another employee because of that employee’s submission to sexual advances or requests for sexual favors.

Types of Sexual Harassment Quid Pro Quo Hostile Work Environment There are two types of sexual harassment. Can anyone tell me what are the two types of sexual harassment?

QUID PRO QUO SEXUAL HARASSMENT Can anyone tell me what “Quid Pro Quo” means? It simply means, “this for that”.

Quid Pro Quo Can anyone give me an example of a quid pro quo sexual harassment situation? Good. Quid pro quo sexual harassment occurs when a supervisor or a person with authority, demands sexual consideration in exchange for job benefits (hiring, promotion, continued employment). Quid pro quo simply means either submit to sexual advances or be fired, demoted, or passed over for a promotion. This is only created by a supervisor or a boss. Only supervisors have the power to affect an employee’s job benefits. The employee must show that: (1) sexual advances were made or other conduct of a sexual nature was directed to the employee by the supervisor; (2) submission to such advances or conduct was a term or condition of employment; (3) such advances or conduct substantially affected a tangible part of the employee=s employment (wages, promotion, or benefits); and (4) employees of the opposite sex were not affected in the same way by the alleged conduct. Keep in mind that one instance of harassment resulting in a tangible employment action is sufficient to constitue a violation of Title VII and employers will be vicarously held liable. In cases of quid pro quo there is no need to show a patter on conduct. Occurs when someone with authority over an employee attempts to trade sex for job-related favors, such as: promotion raises bonuses Submission to or rejection of sexual advances from the supervisor is used as the basis for employment-related decisions.

HOSTILE WORK ENVIRONMENT HARASSMENT The second type of sexual harassment is hostile work environment. Does anyone have an idea of what is a hostile work environment? Good. A hostile work environment can be created by the supervisor, co-workers or a third party.

Hostile Work Environment Considered “hostile” when supervisors or co-workers (or both) have created an atmosphere that is characterized by a hostile or abusive environment that unreasonably interferes with an employee’s work performance even though the employee suffers no loss of tangible job benefits. A hostile work environment is characterized by a “hostile” or “abusive” environment that interferes with an employee’s work performance even though the employee suffers no loss of tangible job benefits. Hostile work environment occurs when an employer creates or condones a discriminatory work environment. Supervisors, co-workers and non-employees can committ this type of harassment. It is important to note that nothing tangible about the individual’s job need be affected.

Factors to consider in determining a hostile working environment 1. Type of conduct - Verbal - Physical - Both 2. Frequency 3. Nature of the harassment - Hostile - Offensive 4. Working relationship of alleged harasser - Co-worker - Supervisor 5. Number of people involved in the harassment 6. Number of people who were affected by the harassment The EEOC will look at the following factors to determine whether an environment is hostile: (1) whether the conduct was verbal, physical, or both; (2) how frequently it was repeated; One request for a date even by a supervisor would not create a hostle envirnment. Ten requests by an employee in the face of repeated rejection would most likely constitue sexual harasment. (3) whether the conduct was hostile or patently offensive; (4) whether the alleged harasser was a co-worker or supervisor; (5) whether others joined in perpetrating the harassment; and (6) whether the harassment was directed at more than one individual. Remember, no one factor controls. An assessment is made based upon the totality of the circumstances.

Behaviors which can constitute Hostile Work Environment Off color jokes or teasing. Comments about body parts or sex life. Suggestive pictures, posters, calendars or cartoons. Leering, stares or gestures. Repeated requests for dates. Touching pats hugs shoulder rubs Can anyone tell me what are some of the behaviors that you believe would constitute a hostile work environment? Let’s take a look at some of the behaviors that may constitute hostile work environment. The courts do not look at one isolated incident but instead look at the “totality of the circumstances” when determining whether or not sexual harassment has occurred. The central inquiry is whether the conduct “unreasonably interfered with an individual’s work performance” or created an “intimidating, hostile, offensive working environment.”

Factors to determine Hostile Work Environment Employee must show the conduct or comments were: Unwelcome; Sufficiently severe; or Sufficiently pervasive to interfere with the work of a reasonable person. In order for an employee to establish an unlawful hostile work environment, the employee must show that the conduct or comments were: (1) unwelcome; (2) sufficiently severe; or (3) sufficiently pervasive to interfere with the work of a reasonable person. There is no magic formula for determining how much or how often inappropriate or offensive behavior must occur to create a hostile work environment. Any amount and frequency of such behavior may subject an employer to a charge of discrimination. The focus in determining whether a hostile work environment exists is on the totality of the circumstances. No one factor is given special weight.

Recent Supreme Court Cases Ellerth v. Burlington Industries In June of 1998, the Supreme Court issued two (2) long-awaited decisions addressing the scope of employer liability for sexual harassment engaged in by supervisors. Ellerth v. Burlington Industries. Ellerth alleged that one of her supervisors sexually harssed her with repeated offensive remarks, gestures, and threats. During a promotion interview, the supervisor expressed reservations because she was not”loose enough” Never the less she got the promotion. In this case the Court held that an employer is vicariously liable for actionable sexual harassment caused by a supervisor with “immediate (or successively higher) authority.” However, in cases where the employee does not suffer a tangible employment action such as discharge, demotion, or an unfavorable reassignment, the Court created an affirmative defense that an employer may raise to avoid liability and damages.

Recent Supreme Court Cases Faragher v. City of Boca Raton The other case was Faragher v. City of Boca Raton, 118 S.Ct. 438, 1998 (U.S. 1998) argued in March 1998. Ms. Faragher, a City lifeguard, claimed that she and a colleague were subjected to repreated uninvited and offensive touching and lewd and demeaning remarks by two male lower level supervisor who also worked on the beach. But he never communicated the complaints to any higher level officials, and Ms. Faragher did not file a formal grievance even though the City had a sexual harassment policy in place. The Court of Appeals held that Ms. Faragher’s supervisor was acting “on a frolic of his own” and that the City could not be blamed under Title VII as the conduct was not so pervasive that the employer should have known ramifications as the Supreme Court could effectively impose “strict liability” for supervisors’ conduct by holding an employer liable for a hostile environment even though an employee fails to report alleged harassment in accordance with the employer’s policy.

Recent Supreme Court Cases Oncale v. Sundowner Offshore Services In 1998 the US Supreme Courts heard three precedent setting cases. One was the Oncale v. Sundowner Offshore Services. The Court held that same sex claims of quid pro quo and hostile work environment harassment are actionable. Oncale involved a male oilrigger who was taunted and physically assaulted by male co-workers and his supervisor. The Court held that “nothing in Title VII necessarily bars a claim of discrimination because of ... sex merely because the plaintiff and the defendant are of the same sex.” Because of this precedent- setting decision, EEOC just settled it’s first male - male sexual harssment class action suit against Long Prairie Packing company for 1.9 Million dollars.

WHO IS LIABLE FOR SEXUAL HARASSMENT? Quid Pro Quo Harassment: Employer strictly liable Harasser is always liable Who is liable in a quid pro quo sexual harassment situation? The employer is held strictly liable for the harassment. Remember, there is no quid pro quo sexual harassment between co-workers because there is no supervisor/subordinate relationship. The harasser is always liable and the employer is always liable. An employer is strictly liable for the supervisor’s conduct whether or not the employer knew about the conduct.

Employer Liability for Sexual Harassment Quid Pro Quo/ Tangible Job Action Hostile Environment/ Threats or Demands Strict Liability Liability unless: 1. Employer uses reasonable care to prevent and correct harassment AND 2. Employee unreasonably fails to utilize reporting or corrective procedures or to otherwise avoid harm Supervisor Co-Worker N/A Negligence (Knew or should have known and failed to take prompt effective remedial action) So what do these two cases mean: These decisions no not change the EEOC’s longstanding view that the existance of an effective anti-harasmsent policy and procedure is relavant to the determiniation of liability and/or damage awards. The standard of liability in Ellerth and Faragher makes clear that employers are strictly liable for discriminatory harssment by supervisors when an employee suffers a tangible employment action. The employer has no defense. However, if there is no tangible job consequence, employers may avoid or limit damages by providing an affirmative defense. This affirmative defense requires the employer to prove the following two (2) elements: (1) That the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior; and (2) That the plaintiff-employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.

Results of Sexual Harassment Affects productivity-loss Absenteeism Stress related illnesses Costly proposition and will not be tolerated by the State of Indiana! So why to we put so much emphasis on sexual harassment. A study in Working Women magazine found that sexual harassment costs a typical Foprtune 500 company 6.7 million in - reduce employee’s productivity - increase absenteeism - cause stress related illnesses - be a costly proposition and - Should not be tolerated.

WHAT SHOULD YOU DO IF YOU ARE A VICTIM OF SEXUAL HARASSMENT? Okay, what did you think about the video? Great. Now let’s talk about what should you do if you are a victim of sexual harassment.

If you are a victim of Sexual Harassment, you should: Inform the alleged harasser to stop. Report the alleged harassment. Keep detailed notes of dates, times, witnesses and locations of alleged incidents. You should; (1) inform the alleged harasser to stop; (2) report the alleged harassment; and (3) keep detailed notes of dates, times, locations, and names of witnesses.

Investigation Process Notification Investigation Complainant Respondent Witnesses (if applicable) Report Recommendation Reviewed Implementation Closure Your agency has a specific reporting and investigation process which I understand will be covered with you in the near future. However, I would like to talk about the investigation process in general terms. Notification - must investigate Investigation - typically the complainant is informed as to when the investigation is expected to be completed. Confidentiality - Disiplinary actions - may range from reprimand to termination. Supervisors may be liable as individuals for civil or criminal penalties as well.

COMPLAINT RESOLUTION STATEMENT NO RETALIATION CLAUSE REDISTRIBUTION OF THE STATE’S POLICY REGARDING SEXUAL HARASSMENT SEXUAL HARASSMENT TRAINING DOCUMENTATION MAINTAINED IN SEPARATE FACT FILE CONFIRMATION OF AGENCY’S COMPLIANCE NON-ADMISSION OF GUILT CLAUSE PERIODIC MONITORING BY SPD Discussion regarding the complaint resolution statement and the agency process. COMPLAINT RESOLUTION STATEMENT

Ten Ways . . . . to Avoid Sexual Harassment Do not become too familiar. So how can you avoid avoid charges of sexual harassment? Do not become too familiar with your subordinates or co-workers. Don’t reat a female co-worker as if she is your mother, wife, girlfriend, daughter, or signigicant other. She is not. Don’t reat a male co-worker as if he is your father, husband, boyfrien, son, or signigicant other. He is not.

Ten Ways . . . . to Avoid Sexual Harassment Do not make sexually suggestive remarks, comments, or facial expressions. Do not make sexually suggestive remarks, comments, or facial expressions. Such as Giving a female employee the elevator eyes and stopping on floor 36DD. Making comments about an employee’s personal/social/sex life.

Ten Ways . . . . to Avoid Sexual Harassment Do not make sex-charged jokes or remarks. Do not make sex-charged jokes or remarks -- on -line or off -line. Save the sex jokes for your card-playing buddies. Save your “come-ons” for someone who cares -- which is probably not a co-worker.

Ten Ways . . . . to Avoid Sexual Harassment Do not stereotype based on sex. Do not sterotype based on sex. The following do not sound humorous at a trial; - PMSing today? - Haven’t taken your hormones today? - On the rag again? - What’s the problem? You didn’t get any last night? -All you need is a”little” dick.

Ten Ways . . . . to Avoid Sexual Harassment Do not bring a personal relationship into the workplace. Do not bring a personal relationship into the workplace. Want to date a co-worker? Call at home and make sure you can take “no” for an answer. -Beware supervisors! Having a romantic/personal/sexual relationship with a subordinate is not a good idea and can raise professional,personal, and legal concerns. - Save discussions about - your sexual prowess (or lack thereof); - your failure to get it how you like it at home; - your need for real sexual fulfillment - for your psychiatrist, physician, or your priest, rabbi or minister.

Ten Ways . . . . to Avoid Sexual Harassment Do not call your co-workers “honey,” “sweetie,” “baby,” “sugar pie,” “stud-muffin,” “hunk.” “sexy lady” “dear” Do not call your co-workers “honey” sweetie baby sugar stud-muffin or hunck They were given a name. Call them by their names.

Ten Ways . . . . to Avoid Sexual Harassment Do not refer to female/male co-workers or females/males in general in demeaning or degrading terms. Men, do not refer to female co-workers or females in general in demeaning or degrading terms. - Don’t refer to them as “broad, bitch, slut, or whore. Don’t use the “C” word. It is the sexual equavalent of the racial “N” word. Ladies, do not refer to male co-workers or males in general in demeaning or degrading terms. - What a hunk, but all brawn - -no brain - That’s a man I’d like to walk up the stairs behind. - I can tolerate the ape mentality so long as there’s a nice hairy chest, broad shoulder, and narrow waist to counterbalance the vacuum above the neck. Do not refer to coworkers in terms that are sexual in nature in relation to the co-workers actual or perceived sexual orientation. - Don’t refere to co-workers as faggots, queers, homs, etc. - Don’t refer to co-workers as dykes, lesbians, etc. - Don’t speculate about others’ heter-or homo-sexual behavior.

Ten Ways . . . . to Avoid Sexual Harassment Do not display or comment on your co-worker’s body in a sexually suggestive manner. Do not re display or comment on your co--workers body in a sexually suggestive manner. - Bet that 20lb. Weight loss has improved your sleeping double in a singel bed. - Nothing beats having a view of the mountains amidst the cornfields.

Ten Ways . . . . to Avoid Sexual Harassment Do not place your hands or other body parts where they should not be. Do not place your hands or other body parts where they should not be. - Aching muscles, tension, or stress? Let your spouse or a massage therapist rub the ailing part-- not your co-worker. There is rarely and “accidental” touch in the workplace. Respect others’ space.

Ten Ways . . . . to Avoid Sexual Harassment Do not display sexually related objects, pictures, posters, magazines, calendars, etc. in the workplace. Do not display sexually related objects, pictures, poster, magazines, calendars, etc. Remember: - You are at work, not play! - Save sex toys, pornographic pictures, and other sexual-related paraphernalia for off-duty recreational time.

Sexual Harassment Prevention Conduct yourself in a business like manner. Dress appropriately. Become acquainted with the State of Indiana’s Sexual Harassment Policy. Utilize the “what-if-they-were-here” principle. Annual Training Be prepared to assert your rights. So what should we be doing in the workplace: - Conducting yourself in a business like manner. - What is the agency’s dress code and dress accordingly. - Become familiare with the State of Indiana’s Sexual Harassment policy. Discussion regarding what you can do to prevent sexual harassment in the work place. A copy of it has been provided you in your handouts. - Before you say or do it, is it something you would say or do in front of your children, spouse, parents, teachers, minister, priest or rabbi? - Attend training annually. - Be prepare to assert your rights in the event you are a victom of sexual harassment. Sexual Harassment

Sexual Harassment Prevention NO If you must stop and think, should I do or say this, then the answer is NO. Ladies and gentlemen, if someone tells you NO, then they mean No, Not at all, Not any. If someone tells you to stop, then that means put an end to it. It’s amazing how many people think No and Stop mean: - ask me later - continue your jokes, - it’s alright to touch again the next day.

POSSIBLE SEXUAL HARASSMENT 1) Via your office e-mail, you send your best friend a sexually explicit joke. 3) You call everyone “hon, sweety, and/or babe.” Before we wrap up, lets re-visit the four statements I had you write down earlier. Without looking at your previous answers, Take a minute and re-read the statements and answer the questions based on what we have covered today. 1) Via your office e-mail, you send your best friend a sexually explicit joke. 2) Hiding in your office desk drawer is your favorite edition of play boy or playgirl magazine. 3) You call everyone “hon, sweety, and/or dear.” 4) You are a touchy feely type person and tend to pat everyone on the hand, back or shoulder. Compare your before and after answers, for the benefit of those in the room with you, with a show of hands, how many’s answers didn’t change? How manys answers did change? I want to emphasis that these 4 statements are deffinately inappropriate in the workplace and possibly could be dealt with conduct unbecoming. But, whether or not they rise to the level of sexual harassment depends on the totality of the circumstances. 2) Hiding in your office desk drawer is your favorite edition of playboy/playgirl magazine. 4) You have a habit of patting everyone on the hand, back or shoulder.

SEXUAL HARASSMENT IS AGAINST THE LAW! Remember, sexual harassment is against the law and will not be tolerated in our workplace. Pause a moment. Ask for questions.

Course Evaluations Record of training Dismissed Complete front and back. Record of training White copy submit to agency training coordinator Yellow copy for your personal record Dismissed Have a great day !