4/00/ © 2000 Business & Legal Reports, Inc. BLR’s Human Resources Training Presentations Sexual Harassment: What Is and Isn’t Acceptable: Part II

4/00/ © 2000 Business & Legal Reports, Inc. Goals Know when an employer is liable Understand what isn’t sexual harassment Understand the objectives of a workplace sexual harassment policy Gain a better understanding of your role in achieving our policy objectives with FACTS

4/00/ © 2000 Business & Legal Reports, Inc. When Is an Employer Liable? Quid Pro Quo – Liability is automatic

4/00/ © 2000 Business & Legal Reports, Inc. When Is an Employer Liable? (cont.) Hostile Work Environment – Supervisors vs. non-supervisors – Tangible employment action vs. no action – In a school system

4/00/ © 2000 Business & Legal Reports, Inc. What Isn’t Sexual Harassment? The stray remark The overly sensitive employee Consensual relationships

4/00/ © 2000 Business & Legal Reports, Inc. A Sexual Harassment Policy To provide uniform expectations To protect employee rights Foster respect for all parties To promote compliance and prevention Management and employee responsibilities

4/00/ © 2000 Business & Legal Reports, Inc. General Guiding FACTS Familiarize yourself with the company policy Address incidents of sexual harassment immediately Cooperation Thorough investigation Satisfactory resolution

4/00/ © 2000 Business & Legal Reports, Inc. Follow the FACTS Familiarize yourself with the company policy

4/00/ © 2000 Business & Legal Reports, Inc. Follow the FACTS (cont.) Address incidents of sexual harassment immediately

4/00/ © 2000 Business & Legal Reports, Inc. Follow the FACTS (cont.) Cooperate – Full cooperation of all parties is expected and required

4/00/ © 2000 Business & Legal Reports, Inc. Follow the FACTS (cont.) Thorough investigation – Documentation of complaints – Employee interviews – Signed statements

4/00/ © 2000 Business & Legal Reports, Inc. Follow the FACTS (cont.) Satisfactory resolution – Swift response and resolution – Objective review of the facts – Fair and appropriate response

4/00/ © 2000 Business & Legal Reports, Inc. Summary Sexual harassment is physical, verbal, or visual conduct of a sexual nature in the workplace that is unwelcome. Sexual harassment is unlawful. Our company adheres to a policy of “zero tolerance” regarding sexual harassment in our workplace. It is our goal to educate employees so that a harassment-free work environment is promoted and maintained.

4/00/ © 2000 Business & Legal Reports, Inc. Summary (cont.) To this end, employees must immediately report any incident of sexual harassment. Managers and supervisors must immediately address and correct any report of such activity. All employees should work together to eliminate harassment. A work environment that is free of harassment is one that is supportive and beneficial to all.

4/00/ © 2000 Business & Legal Reports, Inc. Case Study Edna, Employee, has worked for Mark, Manager, for almost ten years. As Mark’s Administrative Assistant, Edna knows Mark and his idiosyncrasies better than anyone else. For example, how Mark likes to call Edna and the other female co-workers “Babe,” how he often rests his hand on Edna’s shoulder while he dictates a letter, and how he often compliments the female typists on their appearance and dress.

4/00/ © 2000 Business & Legal Reports, Inc. Case Study (cont.) In the past, none of this ever particularly bothered Edna. Edna always felt that Mark’s behavior was harmless and characteristic of men from Mark’s generation. Last week, Mark issued a written warning to Edna based on her misuse of company phones and excessive absenteeism. Edna has now filed a formal internal complaint charging Mark with sexual harassment. Is this sexual harassment?

4/00/ © 2000 Business & Legal Reports, Inc. Case Study Analysis Edna probably does not have a valid complaint. Although the courts have held sexual harassment must consist of conduct that is offensive to a reasonable person, they also noted that an “affected” employee must also actually be offended. Although a reasonable person might be offended by Mark’s behavior, the facts suggest Edna has never previously been offended. Also, since Edna’s complaint comes soon after recent disciplinary action, the validity of her complaint is somewhat suspect.