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A Three Step Approach to Preventing and Addressing Sexual Harassment in the
Workplace
John J. Berard
Labor Relations Specialist
August 3, 2010
Introduction & Overview
Provide an overview on Human Resources best practices in creating, implementing and enforcing a policy on Sexual Harassment prevention
Answer your questions
POLICYShould include the following:
Statement prohibiting sexual harassment Broad definition of sexual harassment including quid pro quo and hostile
work environment Examples of prohibited conduct – unwelcome behavior, conduct of a sexual
nature, sexual innuendos, use of email, etc. Encourage timely reporting of complaints and specify a detailed process for
reporting, including identifying specific individuals to receive such complaints
No-Retaliation clause Commitment to keep complaints as confidential as possible Notice that policy violations will result in disciplinary action, up to and
including termination of employment Identify other resources available to complainant – Equal Employment
Opportunity Commission, State Human Rights Commissions, Unions (if applicable), Employee Assistance Programs, etc.
DISSEMINATION &
TRAINING Copies of Policy should be provided to all employees
at time of hire and periodically thereafter Post in prominent areas Conduct informational meetings Annual training on policy/recognizing and reporting
prohibited behavior
DISEMMINATION &
TRAININGSupervisors and Managers More extensive training on how to address
prohibited conduct when discovered – adherence to policy
Receive clear notice on prohibited conduct by as a result of supervisory roles (fraternization)
Requirement to report and appropriately address prohibited behaviors
Requirement to report and appropriately address complaints regardless of whether the complainant wishes to do so (“mandatory reporting”)
ENFORCEMENT Acknowledge all complaints in writing with a notice to report any
retaliation Investigate completely and investigate in a prompt and timely
manner Take steps to ensure the situation does not escalate during the
investigation – consider separating complainant and alleged harasser
Follow up on retaliation complaints separately If substantiated – address the misconduct quickly, appropriately
and consistently If unsubstantiated – communicate the findings to both the
complainant and alleged harasser. Reiterate prohibition against sexual harassment and retaliation.
Discussion/Questions
o False Accusationso Consensual Relationship Agreements (Love/Romance
contracts)o Questions
References
Faragher v. City of Boca Raton, 524 U.S. 775 (1998)
Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998)
Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986)
This presentation is designed to provide general information in regard to the subject matter covered. The presenter is not rendering legal service and this presentation should not be utilized as a substitute for professional legal advice.