Preventing Sexual
   Harassment
Legal Overview
Legal Overview


The same principles apply to sexual
harassment as to harassment on the basis
of race, color, religion, national origin or
other protected characteristics.
EEOC’s Definition

• Unwelcome sexual advances,
  requests for sexual favors and other
  verbal or physical conduct of a
  sexual nature
EEOC’s Definition

• Submission or rejection of sexual
  advances used as a basis for
  employment decisions
EEOC’s Definition

• Victim and harasser may be a woman
  or a man
EEOC’s Definition

• Victim and harasser may be a woman
  or a man
• Harasser can be the victim’s
  supervisor, co-worker or nonemployee
EEOC’s Definition

• Victim doesn’t have to be the
  person harassed
EEOC’s Definition

• Victim doesn’t have to be the
  person harassed
• Unlawful sexual harassment may
  occur without economic injury
EEOC’s Definition

• Victim doesn’t have to be the
  person harassed
• Unlawful sexual harassment may
  occur without economic injury
• Harasser’s conduct is unwelcome
Prohibited Conduct

• Unwanted sexual advances
Prohibited Conduct

• Unwanted sexual advances
• Demands for sexual favors
Prohibited Conduct

• Unwanted sexual advances
• Demands for sexual favors
• Unwanted sexually oriented jokes
  or remarks
Prohibited Conduct

• Verbal abuse of a sexual nature
Prohibited Conduct

• Verbal abuse of a sexual nature
• Graphic verbal commentary
Prohibited Conduct

• Verbal abuse of a sexual nature
• Graphic verbal commentary
• Display of sexually suggestive
  objects, pictures, posters or
  reading material
Prohibited Conduct

• Coerced sexual act or assault
Prohibited Conduct

• Coerced sexual act or assault
• Physical contact of a sexual nature
Prohibited Conduct

• Coerced sexual act or assault
• Physical contact of a sexual nature
• Leering, whistling or gestures of a
  sexual nature
Legal Overview


Commenting on the fact a person looks
nice isn’t sexual harassment. However, it
is if comments are frequent and make you
feel uncomfortable.
Hostile Work
Environment
Hostile Work Environment


If you’re being made uncomfortable in
your work environment, or someone’s
conduct is unwelcome, review your
company policy.
Hostile Work Environment


Contact your human resources
department if you’re feeling
uncomfortable or threatened.
Hostile Work Environment


To be hostile, the work environment
needs to be so offensive that it affects a
reasonable person’s ability to work.
Hostile Work Environment


Claimant must prove he or she has been
subjected to unwelcome harassment.
Hostile Work Environment


Claimant must prove the harassment
was based on sex.
Hostile Work Environment


Claimant must prove the harassment
was sufficiently severe or pervasive.
Hostile Work Environment


To be a violation of the law, the
harassment has to be so bad that it gets
in the way of a person’s ability to work.
Hostile Work Environment


Sexual harassment case law requires the
victim be subjected to continued, explicit
propositions or offensive touching.
Hostile Work Environment


The conduct must be sexual in nature.
Hostile Work Environment


An employer may be liable for sexual
harassment committed by a supervisor
or co-worker of the same sex.
Hostile Work Environment


Consensual relationships between
supervisors and employees are not illegal,
but may constitute poor judgment.
Hostile Work Environment


What was once welcome can
become unwelcome.
Steps to Take If Harassed
Steps to Take


1. Say no clearly.
Steps to Take


1. Say no clearly.
2. Document the harassment.
Steps to Take


1. Say no clearly.
2. Document the harassment.
3. Get emotional support.
Steps to Take


1. Say no clearly.
2. Document the harassment.
3. Get emotional support.
4. Document your work.
Steps to Take


5. Look for witnesses and other victims.
Steps to Take


5. Look for witnesses and other victims.
6. Explore company policy.
Steps to Take


5. Look for witnesses and other victims.
6. Explore company policy.
7. File a complaint.
The Complaint
  Procedure
Complaint Procedure


The complaint procedure gives the
employer the opportunity to
investigate and resolve the matter
before it elevates to a legal matter.
Complaint Procedure


Failure to utilize the complaint
procedure may be used as evidence the
alleged incidents didn’t occur and can
relieve your employer of liability.
Complaint Procedure


Your company’s harassment policy
tells you to whom a claim should be
reported and an alternate if
circumstances warrant it.
Complaint Procedure


Management will conduct a
thorough investigation after the
complaint is received.
Complaint Procedure


The victim should directly inform the
harasser that the conduct is
unwelcome and must stop.
Complaint Procedure


The company is on notice once an
employee lodges a complaint and has
an opportunity to stop it.
The Investigation
Investigation


The EEOC looks at the whole
record when investigating sexual
harassment allegations.
Investigation


What the supervisor knows, the
company knows.
Investigation


Employers are charged with
investigating complaints and taking
prompt and effective remedial action.
Investigation


Corrective action needs to be confidential.
Effective Remedial Action
Effective Remedial Action

• Severity of conduct
Effective Remedial Action

• Severity of conduct
• Amount of proof obtained
Effective Remedial Action

• Severity of conduct
• Amount of proof obtained
• Whether conduct is a first offense
Effective Remedial Action

•   Severity of conduct
•   Amount of proof obtained
•   Whether conduct is a first offense
•   Cooperation of harasser
Discipline

• Nondisciplinary counseling
Discipline

• Nondisciplinary counseling
• An oral or written reprimand
Discipline

• Nondisciplinary counseling
• An oral or written reprimand
• Probation or suspension without pay
Discipline

•   Nondisciplinary counseling
•   An oral or written reprimand
•   Probation or suspension without pay
•   Transfer or demotion
Discipline

•   Nondisciplinary counseling
•   An oral or written reprimand
•   Probation or suspension without pay
•   Transfer or demotion
•   Discharge if sufficiently egregious
Inconclusive Investigation

• Advising both parties of the results
Inconclusive Investigation

• Advising both parties of the results
• Warning the alleged harasser
  against reprisal
Inconclusive Investigation

• Advising both parties of the results
• Warning the alleged harasser
  against reprisal
• Conducting a follow-up
Inconclusive Investigation

• Advising both parties of the results
• Warning the alleged harasser
  against reprisal
• Conducting a follow-up
• Documenting events
Prevention
Prevention


Review your company’s written
harassment policy.
“Golden Rule”


Treat people the way you want to
be treated.
“Platinum Rule”


Treat people the way they want to
be treated.
Prevention


If someone says they’re
offended, apologize.
Prevention


If someone apologizes, forgive
him or her.
Prevention


Communication is the key to creating
a respectful workplace.
Preventing Sexual
   Harassment

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