About

1. President/Owner, HR Luminary, LLC

2. HR Generalist, SPHR Certified

3. Over 25 years experience in Human Resources in the private sector

4. Member of SHRM, both national and local

5. BSBA from Arizona State University2

Sexual Harassment 101What Every Manager Needs to Know

Intent of Webinar

1. Inform/educate HR professionals and management the legal consequences of discrimination and harassment.

2. Focus on the important role of supervisors and managers in creating and maintaining an environment that is free from harassment.

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Learning Objectives

1. Know the difference types of sexual harassment and the impact on the workplace.

2. Know the key steps to follow to create a respectful workplace.

3. Understand your responsibility to take action to minimize the company’s legal risk and protect all employees from harassment.

4. Understand the costs associated with harassment and how harassment can adversely affect the workplace.

HRCI has approved this program for 1.0 General Recertification Credit towards PHR, SPHR, and GPHR.

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What is Harassment?• Harassment is unlawful.

• Title VII of the Civil Rights Act of 1964: “It shall be an unlawful employment practice for an employer…to discriminate against any employee with respect to compensation, terms, conditions or privileges of employment because of race, religion, national origin, color, and sex.

• Other types of harassment are unacceptable:– Age– Disability– Veteran Status– Sexual Orientation– Genetic Information– Pregnancy

• Or any other characteristic creating an uncomfortable, hostile work environment.

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Defining Sexual Harassment

• Is illegal discriminatory conduct based on the victim’s gender

• Defined by EEOC as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

• Sexual Harassment is all about power, not sexual desire.

• Occurs when– Submission to inappropriate conduct is made either explicitly or implicitly a

term or condition of employment

– Submission to or rejection of inappropriate conduct is used as a basis for employment decisions affecting the individual

– Conduct unreasonably interferes with the individual’s performance or creates an intimidating, hostile or offensive working environment

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Defining Sexual Harassment

• Quid pro Quo – “This for That”– When authority figure links job

related benefits to sexual favors

• Hostile Environment– When an intimidating, hostile or abusive work

environment is created and interferes with the individual’s work

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Hostile Work Environment Harassment

• Flirtations, innuendos, vulgar language, sexual jokes, touching.

• The key element to hostile work environment sexual harassment is that harassment occurs because of the victim’s sex.

• Sexual harassment can be verbal, non-verbal or physical

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Hostile Work Environment

• Sexual Favoritism

• Third Party sexual harassment

• Sex based harassment

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Hostile Work Environment

• Same sex harassment

• Non-employee harassment

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Can One Incident Constitute?

• It is possible, in quid pro quo, if the action is linked to the granting or denial of an employment action.

• But not necessarily in a hostile environment, unless there is physical contact or very objectionable conduct.

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Flirtations in the Workplace

• The “victim” may be tolerant at the time, but may actually be upset.

• Flirtations may be laughed off by some employees, but may be perceived as sexual harassment by others.

• Awareness of such with no management action may be regarded as contributing to a hostile environment.

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Flirtations in the Workplace

• 1998 Supreme Court ruled that having a policy is not enough.

• Landmark case Faragher v. City of Boca Raton

• Vicarious Liability – when an organization assumes the responsibility for the actions of it’s employees.

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Your Job: Create the Policy

• Be sure that your company has a policy regarding

harassment

• In addition to having policies, employers must also:– Make sure your employees are made aware of

the policy– Make sure the policy is enforced

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What is Our Role?

• Model respectful behavior for employees• Communicate your organization’s policies

clearly and consistently to all employees• Enforce the policies consistently• Coach employees to avoid behavior that

might lead to harassment complaints• Take all harassment complaints seriously

and respond immediately• Do not allow retaliation!

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The Costs of Harassment

For the Victim• Lost Productivity• Unscheduled

absences• Family Issues • Turnover• Health problems

emotional duress

For the Accused • Disciplinary Action• Family Issues• Job Loss• Legal liability• Financial liability• Embarrassment

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The Costs of Harassment

For the Company• Large financial liability• Decreased morale• Lost productivity• Tarnished reputation• Disability/worker’s comp

costs

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Financial Liability

If the employee wins lawsuit

• Back Pay – Lost salary plus incidental benefits

• Front Pay – If not able to restore employee to former position

• Pain & Suffering – For mental anguish and loss of enjoyment of life

• Attorney Fees – Employee’s cost of litigation• Punitive Damages – To punish employer; determined

by financial resources of the company19

Responding to a Complaint

• Immediate – As soon as you are made aware of sexual harassment, do something about it.

• Appropriate – Handle the investigation privately, objectively and be sure to document it. Whatever action taken must be done so in an effective, professional, and confidential manner.

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Responding to a Complaint

Be sure to ask the following questions:• Who harassed you?• Did you ask him/her to stop?• What did he/she say?• What did he/she do?• When did this happen?• Were there any witnesses?• Has this happened to others?• Has this happened before?• What would you like me to do?

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Avoiding Lawsuits

Regularly review your policy with your employees

Discuss “zero tolerance” with employees and outline the consequences per your policy

Implement a complaint procedure which ensures confidentiality and provides effective remedies

Investigate charges promptly and thoroughly and take immediate action

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Key Points for Success

1. Know the Policy

2. Follow the Policy

3. Avoid Negative Actions

4. Assist any and all who complain

5. Always act professionally

6. Treat everyone with respect

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Next Steps

1. Download this Event at HRLuminary.com

2. View Upcoming Events

• Family and Medical Leave Act (FMLA)

• Fair Labor Standards Act

• Patient Protection and Affordable Care Act

3. Check back soon for a recording of this event

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Vicki Worth

HR Luminary

HRLuminary.com602.549.3159vicki@hrluminary.com