1. Harassment, It’s Not Just about Sex Anymore Human Resource Association of Central Ohio (HRACO) 11th Annual Legal Update October 13, Presented by: Worley Law, LLC Julie M. Young, Esq.

2. Worley Law, LLC Julie M. Young, Esq. jmy@worleylawllc
Worley Law, LLC Julie M. Young, Esq Questions Welcomed!

3. Sexual Harassment Quid Pro Quo (“this for that”) Harassment
Occurs when an employee with authority, usually a supervisor or someone else who can control employment decisions,
offers job benefits (like pay raises or promotions) or threatens job losses (like pay decrease or firing) in exchange for sexual or dating favors
Hostile Environment Harassment
Occurs when any employee creates a work environment
which a reasonable person would find intimidating, hostile or offensive – based on a protected classification

4. Other Harassment
It’s not just about sexual harassment – a hostile environment can be created when the harassment is tied to any protected classification

5. Charges Alleging Sexual Harassment FY 2010 – 2014
U.S. Equal Employment Opportunity Commission
FY 2010
FY 2011
FY 2012
FY 2013
FY 2014
Receipts
7,944
7,809
7,571
7,256
6,862
% of Charges Filed by Males
16.2%
16.1%
17.8%
17.6%
17.5%
Monetary Benefits (Millions)
Does not include monetary benefits obtained through litigation.
$41.2
$45.1
$43.0
$44.6
$35.0

6. U.S. Equal Employment Opportunity Commission
Charges Alleging Harassment Other Than Sexual Harassment FY 2010 – 2014
U.S. Equal Employment Opportunity Commission
FY 2010
FY 2011
FY 2012
FY 2013
FY 2014
Receipts
21,454
21,470
21,088
21,371
21,930
Monetary Benefits (Millions)
Does not include monetary benefits obtained through litigation.
$86.5
$87.9
$82.1
$97.3
$68.2

7. Consider the victim's perspective.
Reasonable Person Standard
Consider the victim's perspective.
There is a wide range of sensitivity toward harassing behavior.
It is the “eye of the beholder” that is important, not what management or co-workers might find personally offensive.

8. Acts/Words that Might Create a Sexually Hostile Environment
Examples
Acts/Words that Might Create a Sexually Hostile Environment

9. Other Types Of Harassment
Examples
Other Types Of Harassment

10. Employer’s Responsibilities
to Prevent Harassment
and
to Correct Harassment

11. When & How Things Fall Apart

12. Prevention
Know, understand and follow your Company’s policy against harassment
Monitor environment
Intervene before an insult or offense becomes illegal harassment
Create an environment of respect (lead by example)
Training

13. Correction
Take action when you see something that could be a violation, even without a complaint
Exercise reasonable care in addressing all complaints
Don’t play favorites or take some complaints more seriously than others
Don’t dismiss a complaint because you don’t think it’s legitimate
Don’t retaliate or allow others to retaliate

14. Investigation Do’s and Don’ts
Take all complaints seriously
Start investigation right away
Consider whether immediate action is necessary pending the investigation
Ask the victim to identify witnesses and interview those witnesses
Keep the victim informed
Document, document, document
Don’t
Ask the harasser what happened and call it a day
Fail to take any complaint seriously
Fail to investigate
Wait too long to start the investigation
Take too long to conduct the investigation
Fail to document the investigation, interview relevant witnesses or take corrective action
Respond to some complaints more earnestly than others
Offend the victim
Focus on the victim (what she did or didn’t do)
Say “that’s just the way it is around here.”

15. Other Important Considerations
Never require the victim to go to the harasser to try to work it
Do not prohibit the employee from asking co-workers to serve as witnesses
Be clear that employee has the right to and should bring subsequent complaints or concerns
Assure employee that no adverse action will be taken against him/her based on the complaint or his/her own efforts to investigate the complaint

16. West v. Tyson Foods, Inc. (2010)
Case Study
West v. Tyson Foods, Inc. (2010)
Facts:
Plaintiff Amanda West was allegedly subjected to severe and pervasive sexual harassment throughout her five weeks on the job. Her first week, co-workers allegedly asked her out while telling her she had a “nice ass” and “big boobs.” She alleged that they would frequently whistle and stare at her, and that one employee in particular was constantly saying sexual things to her. During her third week of employment, a co-worker allegedly tried to kiss her, stared at her, and asked her if she would have sex with him. When she refused and told him she was married, he grabbed his crotch and said, “suck my dick.” Other male co-workers allegedly observed the scene and laughed. The supervisor in charge of the line noticed that West was crying and asked her what was wrong. West then reported the harassment to the supervisor.
Under the employer’s harassment policy, the employer was to investigate within two weeks all harassment complaints made to management. However, when West informed the supervisor of the harassment, he first told West not to take offense because “that’s just how they treat their women over there.” He then told West, “well, you know, you are hot.” Upon realizing that West was serious, he promised he would see to it that the situation was resolved. West believed that the supervisor would go to Human Resources and that the employer would investigate the harassment. But the supervisor reported the harassment to no one and did not conduct an investigation.
The harassment allegedly continued. One employee allegedly pulled West to him, touched her breast, told her she was “hot and sexy,” and twice groped her buttocks, and other employees grabbed her buttocks while observers laughed. During her fifth week of work, West decided not to return. The employer conducted an exit interview with her when she returned for her last paycheck. She told the HR Manager of the harassment, but, again, the employer did nothing. Not until West filed an EEOC charge did the employer investigate the harassment and discipline employees for participating in or failing to report the harassment.

17. Emerging Trends LGBT Community Sexual Orientation Gender Identify
Gender Re-Assignment
Same Sex, Same Race, Same Religion Harassment

18. Closing Thoughts & Questions

19. Julie M. Young, Esq. jmy@worleylawllc.com 614-824-6200
Additional resources:  
Julie M. Young, Esq.
This publication and any presentation is intended to present general information only. It should not be used as a substitute for individual legal advice. Consult a legal professional prior to acting on any information presented.