1. Sexual Harassment What Supervisors Need to Know

2. © Business & Legal Reports, Inc. 0506 Session Objectives You will be able to: Understand legal and policy requirements Recognize what constitutes harassment Handle complaints effectively Participate in investigations Take appropriate corrective action Maintain a productive work environment

3. © Business & Legal Reports, Inc. 0506 Session Outline Compliance with the law and our policy What constitutes sexual harassment Who’s affected by harassment Handling employee complaints Conducting investigations Taking corrective action

4. © Business & Legal Reports, Inc. 0506 Why You Need to Know Sexual harassment: Damages organizations Undermines trust and respect Exposes us to damaging liabilities

5. © Business & Legal Reports, Inc. 0506 Harassment and the Law Title VII The courts State law Equal Employment Opportunity Commission (EEOC)

6. © Business & Legal Reports, Inc. 0506 Harassment and the Law (cont.) EEOC defines sexual harassment as sexual conduct that is: Unwelcome Harmful Illegal

7. © Business & Legal Reports, Inc. 0506 Our Policy Provides a clear statement of our position against sexual harassment Promotes compliance and prevention by defining responsibilities Protects your rights and fosters respect for all

8. © Business & Legal Reports, Inc. 0506 Our Policy (cont.) Familiarize yourself with the policy Publicize the policy Enforce the policy Review the policy periodically

9. © Business & Legal Reports, Inc. 0506 Is this Sexual Harassment? A female employee wears miniskirts A female supervisor makes frequent comments about a male employee’s physique A male supervisor makes frequent comments about a male employee’s physique

10. © Business & Legal Reports, Inc. 0506 Is This Sexual Harassment? (cont.) Two co-workers forward each other off- color jokes they receive in e-mails An employee asks a co-worker out Two co-workers develop a personal relationship

11. © Business & Legal Reports, Inc. 0506 Is This Sexual Harassment? (cont.) An employee posts a swimsuit calendar in his work area An employee posts a male pinup in her work area A good customer makes provocative comments to employees

12. © Business & Legal Reports, Inc. 0506 Sexual Harassment Questions?

13. © Business & Legal Reports, Inc. 0506 Economic Harassment Quid pro quo or economic harassment Automatic liability Tangible employment action must actually occur

14. © Business & Legal Reports, Inc. 0506 Hostile Work Environment Severe or pervasive conduct (or both) Intimidating, hostile, or offensive displays

15. © Business & Legal Reports, Inc. 0506 Liability Automatic liability for supervisor’s tangible employment action If no tangible employment action, then the company might avoid liability

16. © Business & Legal Reports, Inc. 0506 Liability (cont.) Liability for actions of co-workers Liability for actions of customers, clients, and independent contractors

17. © Business & Legal Reports, Inc. 0506 Who’s Affected? Those who commit, including: Employees at any level Clients or customers Members of the same sex

18. © Business & Legal Reports, Inc. 0506 Who’s Affected? (cont.) Those who experience, including: Direct targets Bystanders and witnesses

19. © Business & Legal Reports, Inc. 0506 Sexual Harassment Questions?

20. © Business & Legal Reports, Inc. 0506 Handling Complaints Encourage reporting Respond to all complaints Allow employees to bypass the normal chain of command

21. © Business & Legal Reports, Inc. 0506 Handling Complaints (cont.) Respect confidentiality Strike a balance between confidentiality and the need to investigate Protect everyone’s rights

22. © Business & Legal Reports, Inc. 0506 Dealing with Isolated Incidents Determine the exact nature of the incident Counsel the alleged harasser Reassure the victim Monitor the situation carefully

23. © Business & Legal Reports, Inc. 0506 Conducting Investigations Questions for the employee filing the complaint

24. © Business & Legal Reports, Inc. 0506 Conducting Investigations (cont.) Questions for the alleged harasser Questions for witnesses

25. © Business & Legal Reports, Inc. 0506 Taking Corrective Action Take effective remedial action Balance competing concerns

26. © Business & Legal Reports, Inc. 0506 Taking Corrective Action (cont.) Make certain the victim is not adversely affected Stop the harassment and make sure it doesn’t recur

27. © Business & Legal Reports, Inc. 0506 Taking Corrective Action (cont.) Correct the effects of the harassment Follow up to make sure the problem is solved

28. © Business & Legal Reports, Inc. 0506 Key Points to Remember Sexual harassment is prohibited by law and company policy It involves more than physical conduct; it can also be verbal or visual Sexual harassment harms us all You have a responsibility to help prevent it