Preventing Sexual Harassment A Guide for Employees

© BLR®, a division of Simplify Compliance LLC 1812.01

Preventing Sexual HarassmentA Guide for Employees

© BLR®, a division of Simplify Compliance LLC 1812.01

PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES

Sexual harassment—what you need to know to prevent this illegal, unproductive, unpleasant, and sometimes hostile working environment

Welcome

Welcome to BLR training.

• This training course is about sexual harassment in the workplace. It’s an important subject because sexual harassment is a form of illegal discrimination under federal and state civil rights laws.

Our workplace also prohibits sexual harassment, both because it is illegal and because it creates an unproductive, unpleasant, and sometimes even hostile working environment. And that’s not what we want for our workplace or our employees.

This course will cover what sexual harassment is, why it is harmful, and what you can do about it.


Session Objectives

• Recognize sexual harassment when it occurs

• Understand and follow workplace policy regarding sexual harassment

• Report incidents and cooperate in investigations

• Help promote and maintain a comfortable, productive work environment

By the end of the session, you should be able to:

• Recognize sexual harassment when it occurs;

• Understand and follow workplace policy regarding sexual harassment;

• Report incidents and cooperate in investigations; and

• Help promote and maintain a comfortable, productive work environment.


Why This Training Course Is Important

Why do you need to know about sexual harassment? There are many important reasons.

Why do you need to know about sexual harassment? There are many important reasons.


Positive Work Environment

We want you to be able to work in a positive environment that is free of sexual

harassment.


Positive Work Environment: We want you to be able to work in a positive environment that is free of sexual harassment.


Fair Treatment


We all have the right to fair treatment at work, and we want to be able to work in a comfortable, productive environment.

Fair Treatment: We all have the right to fair treatment at work, and we want to be able to work in a comfortable, productive environment.


Harmful


Sexual harassment harms everyone, not just the person targeted. It undermines the trust and respect necessary for employees to work together effectively.

Harmful: Sexual harassment harms everyone, not just the person targeted. It undermines the trust and respect necessary for employees to work together effectively.


Prevention


If you understand what sexual harassment is and why it is harmful, we can all work to

help prevent it.

Prevention: If you understand what sexual harassment is and why it is harmful, we can all work to help prevent it.


Knowledge Check 1

Knowledge Check 1

Before we begin the session, let’s take a few minutes to see how much you already know about sexual harassment in the workplace.

Trainer: There is no feedback for this first group of questions. They serve as an introduction and may help you access the current knowledge of your learners before the training begins.


Is this statement True or False?

Sexual harassment is only illegal if it is committed by a supervisor or manager.

Knowledge Check 1

o True

o False

1

1. Sexual harassment is only illegal if it is committed by a supervisor or manager.

o True

o False


This is false.

Knowledge Check 1

o True

o False

Sexual harassment is only illegal if it is committed by a supervisor or manager.

1

This is false.



It is against the law for your employer to retaliate against you for filing a sexual harassment complaint.

Knowledge Check 1

o True

o False

2

2. It is against the law for your employer to retaliate against you for filing a sexual harassment complaint.

o True

o False


This is true.

Knowledge Check 1

o True

o False

It is against the law for your employer to retaliate against you for filing a sexual harassment complaint.

2

This is true.



There is little you can do to prevent sexual harassment in the workplace.

Knowledge Check 1

o True

o False

3

3. There is little you can do to prevent sexual harassment in the workplace.

o True

o False


This is false.

Knowledge Check 1

o True

o False

There is little you can do to prevent sexual harassment in the workplace.

3

This is false.



Someone who sexually harasses another employee could be disciplined.

Knowledge Check 1

o True

o False

4

4. Someone who sexually harasses another employee could be disciplined.

o True

o False


This is true.

Knowledge Check 1

o True

o False

Someone who sexually harasses another employee could be disciplined.

4

This is true.


What Is Sexual Harassment?

Sexual Harassment―Unwelcome conduct based on sex or gender.

sexual advancesrequests for sexual favors

offensivecomments

physicalcontact

displays of sexually explicit or suggestive

materials

So just what is sexual harassment? It’s a complicated issue, but in the workplace, there is a straight forward definition. Put simply, sexual harassment is unwelcome conduct based on sex or gender.

It can include:

• sexual advances;

• requests for sexual favors;

• offensive comments;

• physical contact; or

• displays of sexually explicit or suggestive materials.


Harassment and Social Media

Inappropriate electronic material

Inappropriate comments, jokes, or images are examples of harassing behavior whether they’re communicated face‐to‐face, by e‐mail, through a text message, or by posting on a social networking site. Technology has made it simple to create and communicate a message, photo, or video with just the click of a button.

• But inappropriate materials can constitute harassment whether they’re communicated face‐to‐face or electronically. A message is out of your control once it’s sent electronically. It can be forwarded to any number of individuals and made available for public viewing on the Internet.




Suggestive messages

• Employees should be careful not to post offensive messages on social networking sites or to transmit sexually suggestive messages by e‐mail, cell phone, or other electronic means. If it’s inappropriate conduct in person, it’s inappropriate in any form of electronic media and may constitute unlawful workplace harassment.



Examples


Suggestive messages

Examples of inappropriate conduct include:

• A sexual comment about an employee’s photo posted on a social networking site;



Examples


Suggestive messages

• Repeated text messages asking for a date;



Examples


Suggestive messages

• Offensive photos or videos sent via e‐mail or cell phone;



Examples


Suggestive messages

• Sexual innuendo in a tweet, text, or e‐mail.


Sexual Harassment and the Law

• Title VII

• State law

• Enforcement

Let’s consider what the law says about sexual harassment.

• Federal law under Title VII of the Civil Rights Act prohibits sexual harassment, including harassment based on a person's sexual orientation or gender identity, as a form of sex discrimination.

• State laws that address civil rights and fair employment practices also prohibit sexual harassment in the workplace.

• The federal Equal Employment Opportunity Commission or EEOC and state fair employment agencies enforce the laws that prohibit sexual harassment.


Meet Nick

Let’s look at a case involving possible harassment from a client—and what management did or did not do about it.

• Meet Nick. He’s a sales rep at a well‐established company. Recently, Nick’s new client, Susan, asked him out to dinner, and he politely declined.


Meet Nick

• Susan said, “Well, I’m not this successful because I give up easily. I’ll just keep asking you until you agree. Remember, Nick, my account can make or break your career.” Nick politely told Susan “No” several more times, but she asked him out repeatedly. Nick finally reported the incident to his manager.


Meet Nick

• His manager told Nick that he’s being oversensitive and advised him to “just see how it goes.” Nick now dreads future meetings with Susan, but it is a really important account.



Is this a case of sexual harassment in the workplace?

Nick’s Case

o Yes

o No





Nick’s Case

o Yes

o No

Yes it is. Nick may have a valid sexual harassment claim. In this case, Susan’s conduct continued over time without redress after Nick told his manager about her inappropriate conduct.


Hostile Work Environment

Quid pro quo

Types of Harassment

There are two types of sexual harassment that are unlawful. They are:

• Quid pro quo, and

• Hostile work environment.


Types of Harassment

Quid pro quo

• Quid pro quo is a Latin phrase that basically means “this for that.” This kind of harassment occurs when a person in a position of authority (like an employee’s supervisor) makes unwanted sexual advances to an employee or engages in other conduct of a sexual nature and conditions employment decisions (like a promotion) on the employee’s submission to the advances or conduct.


Types of Harassment

Hostile Work Environment

Quid pro quo

• A hostile work environment occurs when unwelcome comments or conduct based on sex unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment.


A Look at Quid Pro Quo

Let’s see what quid pro quo sexual harassment looks like among average employees.

• Frank is demoted after refusing advances from Mary, his supervisor.



• Jane did not receive a raise because she refused to have sex with her boss.



• Daryl is given a better raise than all of his coworkers and the use of a company car because he agreed to be romantic with his boss.


Harassment―must be sufficiently severe or pervasive to create a hostile working environment

Hos le work environment―also occurs when harassment unreasonably interferes with an employee’s job performance

harassment can occur whenever and wherever employees are performing their work responsibilities

Hostile Work Environment Defined

Hostile work environment sexual harassment may be committed by an employee or any other individual who is associated with the workplace―even a supervisor, third‐party client, or customer.

• Harassment must be sufficiently severe or pervasive to create a hostile working environment, so one joke or comment may not be enough to create a hostile work environment. But it may be enough to violate company policy.

• A hostile work environment also occurs when harassment unreasonably interferes with an employee’s job performance.

• And harassment can occur whenever and wherever employees are performing their work responsibilities, including business travel or an employer‐sponsored event like an office party. Harassment can occur wherever employees are performing their work duties.


What Does Hostile Work Environment Look Like?

Jokes

Displays

Touching

Intimidation

Let’s look at some examples of a hostile work environment in the workplace.



Jokes

Displays

Touching

Intimidation

Tony starts each morning telling sexually explicit jokes to his coworkers by the water cooler, and several female employees find

the jokes offensive.

Jokes: Tony starts each morning telling sexually explicit jokes to his coworkers by the water cooler, and several female employees find the jokes offensive.



Jokes

Displays

Touching

Intimidation

Sarah keeps a pinup calendar on her wall that shows men in revealing clothing.

When Dan tells her he is embarrassed by the pictures and asks her to take them

down, she refuses.

Displays: Sarah keeps a pinup calendar on her wall that shows men in revealing clothing. When Dan tells her he is embarrassed by the pictures and asks her to take them down, she refuses.



Jokes

Displays

Touching

Intimidation

Kyle is very personable and often stops by his female coworkers’ desks and rubs their necks. Susan asked him not to do this, so he makes a point of rubbing her neck once

each day.

Touching: Kyle is very personable and often stops by his female coworkers’ desks and rubs their necks. Susan asked him not to do this, so he makes a point of rubbing her neck once each day.



Jokes

Displays

Touching

Intimidation

As a truck driver, Karen often endures intimidating remarks about her body

whenever she’s in the garage with male coworkers.

Intimidation: As a truck driver, Karen often endures intimidating remarks about her body whenever she’s in the garage with male coworkers.


Meet Kate

Listen to the following scenario.

• Kate and Mark have been dating, but the relationship is going downhill, and they both know it.


Meet Kate

• They also work at the same company, and Kate was recently promoted into the department where Mark is in charge. When Mark calls Kate into his office, she gets a bad feeling.


Meet Kate

• Mark tells Kate that breaking up with him could be a career‐impacting decision.


Meet Kate

• Surprised, Kate reminds Mark she just got this promotion, so her career is on track.


Meet Kate

• Mark tells Kate, “That may be, but breaking up with me could break my heart—and that won’t help your career.”



If Kate breaks up with Mark and loses her job, would this be an example of a hostile work environment or quid pro quo?

Kate’s Case

o Hostile work environment

o Quid pro quo




Kate’s Case



o Quid pro quo

If Kate breaks up with Mark and loses her job, this would be an example of quid pro quo harassment.

By conditioning Kate's job on their dating relationship, Mark has committed unlawful harassment.


Knowledge Check 2

Knowledge Check 2

Now let’s see if you can recognize situations involving sexual harassment.



A female employee wears short skirts and tops with low necklines to work. Is this inviting sexual harassment?

Knowledge Check 2

o Yes

o No

Is this sexual harassment?

1

1. A female employee wears short skirts and tops with low necklines to work. Is this inviting sexual harassment?

o Yes

o No


No it is not. Employees do not have the right to sexually harass other employees regardless of what they are wearing or whether or not they

are violating the workplace's dress code.

Knowledge Check 2

o Yes

o No

A female employee wears short skirts and tops with low necklines to work. Is this inviting sexual harassment?

1

No it is not. Employees do not have the right to sexually harass other employees regardless of what they are wearing or whether or not they are violating the workplace's dress code.



A female supervisor makes frequent comments about a male employee’s physique. Is this sexual harassment?

Knowledge Check 2

o Yes

o No


2

2. A female supervisor makes frequent comments about a male employee’s physique. Is this sexual harassment?

o Yes

o No


Yes it is. Male employees can be targets of sexual harassment and have the same protection under the law as female employees.

Knowledge Check 2

o Yes

o No

A female supervisor makes frequent comments about a male employee’s physique. Is this sexual harassment?

2

Yes it is. Male employees can be targets of sexual harassment and have the same protection under the law as female employees.



A male supervisor makes sexual advances to a female employee under his supervision. He promises her a raise if she’ll go to bed with him. Is this sexual harassment?

Knowledge Check 2

o Yes

o No


3

3. A male supervisor makes sexual advances to a female employee under his supervision. He promises her a raise if she’ll go to bed with him. Is this sexual harassment?

o Yes

o No


Yes it is. The supervisor is using his power and authority to gain sexual favors from an employee and offering an inducement in return for sex.

Knowledge Check 2

o Yes

o No

A male supervisor makes sexual advances to a female employee under his supervision. He promises her a raise if she’ll go to bed with him. Is this sexual harassment?

3

Yes it is. The supervisor is using his power and authority to gain sexual favors from an employee and offering an inducement in return for sex.



A male supervisor makes sexual advances to a male employee under his supervision. He promises the employee a promotion in exchange for dating. Is this sexual harassment?

Knowledge Check 2

o Yes

o No


4

4. A male supervisor makes sexual advances to a male employee under his supervision. He promises the employee a promotion in exchange for dating. Is this sexual harassment?

o Yes

o No


Yes it is. For the same reason as in the previous example. Sexual harassment can happen between two people of the same gender. The

key point is not the sexual orientation of the people involved but that the harassment is sexual in nature.

Knowledge Check 2

o Yes

o No

A male supervisor makes sexual advances to a male employee under his supervision. He promises the employee a promotion in exchange for dating. Is this sexual harassment?

4

Yes it is. For the same reason as in the previous example. Sexual harassment can happen between two people of the same gender. The key point is not the sexual orientation of the people involved but that the harassment is sexual in nature.



Two employees forward each other off‐color jokes that they receive in e‐mails. Is this sexual harassment?

Knowledge Check 2

o Yes

o No


5

5. Two employees forward each other off‐color jokes that they receive in e‐mails. Is this sexual harassment?

o Yes

o No


No it is not. So long as this exchange is not unwelcomed, it would not be sexual harassment. However, if one of the employees objects and the other keeps sending the e‐mails, it would be. Also note that such

exchanges may violate the e‐mail policy at your workplace.

Knowledge Check 2

o Yes

o No

Two employees forward each other off‐color jokes that they receive in e‐mails. Is this sexual harassment?

5

No it is not. So long as this exchange is not unwelcomed, it would not be sexual harassment. However, if one of the employees objects and the other keeps sending the e‐mails, it would be. Also note that such exchanges may violate the e‐mail policy at your workplace.



An employee asks a coworker out on a date. Is this sexual harassment?

Knowledge Check 2

o Yes

o No


6

6. An employee asks a coworker out on a date. Is this sexual harassment?

o Yes

o No


No it is not. A simple request for a date is not sexual harassment. However, if the answer is No, the employee should respect that and not keep asking. Repeatedly asking for a date under the circumstances would

be unwelcome and therefore sexual harassment.

Knowledge Check 2

o Yes

o No

An employee asks a coworker out on a date. Is this sexual harassment?

6

No it is not. A simple request for a date is not sexual harassment. However, if the answer is No, the employee should respect that and not keep asking. Repeatedly asking for a date under the circumstances would be unwelcome and therefore sexual harassment.



Two coworkers develop a personal relationship. Is this sexual harassment?

Knowledge Check 2

o Yes

o No


7

7. Two coworkers develop a personal relationship. Is this sexual harassment?

o Yes

o No


No it is not. Employees are free to form romantic relationships with coworkers. So long as both people consent to the relationship, this is not harassment. Remember that only unwelcome sexual conduct is unlawful.

Knowledge Check 2

o Yes

o No

Two coworkers develop a personal relationship. Is this sexual harassment?

7

No it is not. Employees are free to form romantic relationships with coworkers. So long as both people consent to the relationship, this is not harassment. Remember that only unwelcome sexual conduct is unlawful.



An employee posts a swimsuit calendar in his work area. Is this sexual harassment?

Knowledge Check 2

o Yes

o No


8

8. An employee posts a swimsuit calendar in his work area. Is this sexual harassment?

o Yes

o No


Yes it is. Posting a swimsuit calendar is considered a visual display of explicit or suggestive materials.

Knowledge Check 2

o Yes

o No

An employee posts a swimsuit calendar in his work area. Is this sexual harassment?

8

Yes it is. Posting a swimsuit calendar is considered a visual display of explicit or suggestive materials.



A female employee posts a male pinup in her work area. Is this sexual harassment?

Knowledge Check 2

o Yes

o No


9

9. A female employee posts a male pinup in her work area. Is this sexual harassment?

o Yes

o No


Yes it is, for the same reason as the previous example. It doesn't matter if the visual display is of a woman or a man.

Knowledge Check 2

o Yes

o No

A female employee posts a male pinup in her work area. Is this sexual harassment?

9

Yes it is, for the same reason as the previous example. It doesn't matter if the visual display is of a woman or a man.



What if a customer makes sexually provocative comments to employees? Is this considered sexual harassment?

Knowledge Check 2

o Yes

o No


10

10. What if a customer makes sexually provocative comments to employees? Is this considered sexual harassment?

o Yes

o No


Yes it is. Customers or clients can be guilty of sexual harassment, just as coworkers and supervisors can be guilty.

Knowledge Check 2

o Yes

o No

What if a customer makes sexually provocative comments to employees? Is this considered sexual harassment?

10

Yes it is. Customers or clients can be guilty of sexual harassment, just as coworkers and supervisors can be guilty.


Retaliatory actions:

• Not limited to work

• Deter from making a complaint

Retaliatory Actions

It is unlawful for supervisors or managers to retaliate against any individual or allow other employees to create a hostile atmosphere as an act of retaliation against a coworker.

Retaliatory actions:

• Are not limited to actions that are employment‐related—that affect the terms and conditions of employment or that occur in the workplace. An unwarranted negative job reference can be retaliatory.

• Can be any adverse action that could discourage a reasonable worker from making a complaint about harassment or discrimination.


Retaliation Is Prohibited

Retaliation for engaging in protected activity is prohibited.



Protected activity includes:

• Making a charge

• Filing a complaint


• Making a charge;

• Filing a complaint;




• Making a charge

• Filing a complaint

• Initiating litigation

• Participating in an investigation

• Initiating litigation; or

• Testifying or assisting in any proceeding, hearing, or investigation.


Meet Jenny

In light of what you’ve just learned about retaliation, consider this case:

• Gary, a manager, asks Jenny, his employee, out on a date.

• Jenny says “No” and complains to the person designated by her company to receive complaints.

• Gary hears about the complaint and fires Jenny. Gary claims he is firing Jenny for “poor performance.”



Is this a case of workplace retaliation?

Jenny’s Case

o It’s not retaliation because Jenny did not engage in a protected activity.

o It is retaliation. Gary fired Jenny because she complained.

o It’s not retaliation because Jenny and Gary never went on a date.








Jenny’s Case




This is a case of workplace retaliation. Dating wasn't the motivation for Gary firing Jenny. He fired her after she filed a complaint.


Decision maker has no knowledge of protected activity

Adverse action unrelated to protected activity

No protected activity

What Is Not Retaliation?

So, Gary firing Jenny because she complained was retaliation. What is not considered retaliation?

• The employee does not engage in a protected activity. For example, if Jenny had not complained to the person designated by her company to receive complaints.

• The employer initiates an adverse employment action unrelated to the protected activity—for example, Gary fires Jenny and three other employees on the same day for time card fraud.

• The employer takes an adverse employment action when it has no knowledge of the employee’s protected activity. For example, Jenny’s poor performance is well documented and Gary doesn’t know that she has complained when he fires her for failing to meet the goals in her performance improvement plan.


Knowledge Check 3

Knowledge Check 3


Which is the correct option?

o Gary firing Jenny

o Gary asking Jenny on a date

o Jenny reporting Gary to the person designated by her company to receive complaints

o Jenny's poor performance

Which of the following was the protected activity in the "Gary and Jenny" scenario?

Knowledge Check 3

1

1. Which of the following was the protected activity in the "Gary and Jenny" scenario?

o Gary firing Jenny





o Gary firing Jenny




Knowledge Check 3

Jenny reporting Gary to the person designated by her company to receive complaints is an example of a protected activity.

Which of the following was the protected activity in the "Gary and Jenny" scenario?

1

Jenny reporting Gary to the person designated by her company to receive complaints is an example of a protected activity.


Which is the correct option?

o Gary firing Jenny




Which of the following was the adverse employment action?

Knowledge Check 3

2

2. Which of the following was the adverse employment action?

o Gary firing Jenny





o Gary firing Jenny




Knowledge Check 3

Gary's firing of Jenny is an adverse employment action based on a retaliatory motive, and it is reasonably likely to deter Jenny or others

from engaging in a protected ac vity―namely, repor ng Gary's ac ons.

Which of the following was the adverse employment action?2

Gary's firing of Jenny is an adverse employment action based on a retaliatory motive, and it is reasonably likely to deter Jenny or others from engaging in a protected ac vity―namely, repor ng Gary's ac ons.



This is only a case of retaliation if it is proven that Gary sexually harassed Jenny.

Knowledge Check 3

o True

o False

3

3. This is only a case of retaliation if it is proven that Gary sexually harassed Jenny.

o True

o False


This is false. Whether Gary harassed Jenny isn't the issue. The issue is whether he retaliated against her for engaging in a protected activity.

Knowledge Check 3

o True

o False

This is only a case of retaliation if it is proven that Gary sexually harassed Jenny.

3

This is false. Whether Gary harassed Jenny isn't the issue. The issue is whether he retaliated against her for engaging in a protected activity.



This is only a case of retaliation if it is proven that Jenny’s protected activity was the reason Gary fired her.

Knowledge Check 3

o True

o False

4

4. This is only a case of retaliation if it is proven that Jenny’s protected activity was the reason Gary fired her.

o True

o False


This is true. In order for this to be considered retaliation, there must be a cause‐and‐effect relationship between Jenny reporting to the person designated by her company to receive complaints and Gary firing her.

Knowledge Check 3

o True

o False

This is only a case of retaliation if it is proven that Jenny’s protected activity was the reason Gary fired her.

4

This is true. In order for this to be considered retaliation, there must be a cause‐and‐effect relationship between Jenny reporting to the person designated by her company to receive complaints and Gary firing her.



Gary asking Jenny on a date one time automatically qualifies as sexual harassment.

Knowledge Check 3

o True

o False

5

5. Gary asking Jenny on a date one time automatically qualifies as sexual harassment.

o True

o False


This is false. Gary asking Jenny on a date does not automatically qualify as sexual harassment. However, it may be prohibited by workplace

policy.

Knowledge Check 3

o True

o False

Gary asking Jenny on a date one time automatically qualifies as sexual harassment.

5

This is false. Gary asking Jenny on a date does not automatically qualify as sexual harassment. However, it may be prohibited by workplace policy.


Sexual Harassment Policy

• Encourages employees to report

• Includes investigation process

• Requires fair treatment

• Prohibits retaliation

This organization has a policy that prohibits workplace sexual harassment. This policy explains what sexual harassment is and how to report inappropriate behavior.

The sexual harassment policy:

• Encourages employees to report offensive conduct or inappropriate behavior;

• Includes an investigative process for responding to harassment complaints;

• Requires fair treatment of all employees, including those who report harassment and those who are accused; and

• Prohibits retaliation against an employee who complains about sexual harassment.

Trainer: Now would be a good time to distribute the organization's sexual harassment and other related policies. Take a few minutes to read over them and ask if there are any questions. Also consider having the participants sign an acknowledgement that they received the policy and had the opportunity to ask questions about it.


Investigation

All complaints of sexual harassment will be investigated. Investigators will examine all the facts of the case, including interviewing everyone involved.


Who May Be Involved

Potential harassers, as we’ve seen, could include just about anyone in the workplace or connected with the workplace:


Who May Be Involved?

• Employees at any level

• Clients and customers

• Employees of any sex

• Employees at any level;

• Clients and customers; and

• Employees of any sex.


Who May Be Involved?

All employees are responsible for reporting inappropriate or offensive behavior in the workplace, whether it’s by a boss, a coworker, or a customer. And it doesn’t matter whether you’re the target or a witness. This organization’s policy against harassment encourages employees to report offensive conduct.

Trainer: Consider discussing the organization's reporting policy. If possible, provide a handout that instructs employees who they should report to as well as an alternative.


Direct targets

Witnesses CoworkersWork

relationships

Who Is Hurt?

When sexual harassment occurs, it impacts everyone in the workplace. Those most immediately and profoundly impacted, of course, are those who experience the harassment. This includes direct targets of sexual harassment, witnesses, and coworkers.

• Direct targets of quid pro quo or hostile work environment sexual harassment are those most severely hurt by the conduct. Imagine the effect of being constantly subjected to a coworker’s or supervisor’s sexual advances or to a job in which embarrassment, disrespect, and humiliation are everyday occurrences.

• Bystanders and witnesses may also be negatively affected by what they see and hear. They may be concerned for the person targeted, as well as for themselves. They may worry about becoming targets in the future.

• Coworkers of targeted employees also can be negatively affected, even if they haven’t witnessed incidents. They, too, may feel concerned about both the targeted person and themselves.

• Work relationships among those affected by sexual harassment might deteriorate, as trust among coworkers is shaken.


Preventing Sexual Harassment: What You Can Do

• Comply with policy

To help prevent sexual harassment:

• Know and comply with the workplace harassment policy. Ask your supervisor or HR representative if you have any questions about the policy.




• Take a stand

• Take a stand against sexual harassment. Speak up and make your feelings clear to anyone who is giving you or a coworker unwanted attention. If it's uncomfortable for you to address this person directly—for example, if the harasser is your supervisor—report the incident to your supervisor's manager or to an HR representative.




• Take a stand

• Report incidents

• Report incidents of sexual harassment immediately, whether you are the direct target or not. Be sure to provide the time, place, and details of the incident, including the names of any coworkers who might have observed it.




• Take a stand


• Support targets

• Support targets of sexual harassment as much as possible. Encourage them to report incidents according to workplace policy, and support them throughout the process until it is resolved to everyone's satisfaction.




• Take a stand


• Support targets

• Cooperate in investigations

• Finally, cooperate with investigations of sexual harassment. Provide any information you might have about an incident, and do your part to help make the investigation run smoothly and move as quickly as possible toward a resolution.


Meet Peter

Let’s take a look at another case study.

• Peter loves his work in the accounting office. He has a demanding job, and he’s well paid for it. He has no subordinates, and his boss is on another floor. Peter’s cubicle is located in an area where several women also sit.


Meet Peter

• Quite frequently, but especially on Mondays, the women try to impress each other with stories of their weekend activities. Peter can hear the descriptions of their sexual exploits, which are surprisingly detailed and graphic.


Meet Peter

• Several times, Peter asks them to discuss their stories outside the office. But the women ignore his request and continue their discussions in front of him, not considering his feelings.


Meet Peter

• Peter complains to management. Management takes immediate action and stops the women from having such discussions.



Is Peter’s case an example of sexual harassment?

Peter’s Case

o Yes

o No

Now take a minute to think about Peter’s case. Is Peter’s case an example of sexual harassment?



Is Peter’s case an example of sexual harassment?

Peter’s Case

o Yes

o No

This is a case of sexual harassment. The women created a hostile work environment for Peter because they repeatedly subjected him to their graphic stories.



Did management do the right thing by reacting immediately?

Peter’s Case

o Yes

o No





Peter’s Case

o Yes

o No

By acting immediately to put an end to the harassing behavior, management averted a potential lawsuit.



Would management have been required to handle the situation differently if it involved a woman who had to listen to the exploits of men in the office?

Peter’s Case

o Yes

o No




Peter’s Case


o Yes

o No

Remember, sexual harassment laws apply to women and men equally.


Familiarize

Act

Cooperate

Thoroughly Investigate

Satisfactorily Resolve

Learn the Facts

Eliminating sexual harassment is a responsibility shared by both management and employees. To help you better understand your role in preventing sexual harassment, use the acronym:

• F‐A‐C‐T‐S. This will serve as an easy reminder of the most important responsibilities that the employer and employees share in preventing sexual harassment.

By learning the FACTS, you can help prevent sexual harassment in your workplace.


Familiarize

Act

Cooperate



Learn the Facts

Fully read this organization’s policy,and get clarification if needed.

Familiarize: Fully read this organization’s policy, and get clarification if needed. Keep a copy close by for easy reference.


Familiarize

Act

Cooperate



Learn the Facts

Immediately report every incident of sexual harassment to a designated

company representative.

Act: Act promptly by reporting every incident of sexual harassment to a designated company representative, such as a human resources manager.

Trainer: Give the learners the specifics of the organization's reporting structure. If employees should report to supervisors, let them know who they can report to if reporting to a supervisor is problematic (for example, if the supervisor is the harasser). Usually, that will mean reporting to HR. If the organization doesn't have an HR department, tell learners what alternative reporting’s options are available for them.


Familiarize

Act

Cooperate



Learn the Facts

Employees must fully cooperate with any investigation of a sexual

harassment charge.

Cooperate: Employees must fully cooperate with any investigation of a sexual harassment charge so that every complaint can be quickly and appropriately resolved.


Familiarize

Act

Cooperate



Learn the Facts

Supervisors and employees must work together to ensure that a thorough

investigation takes place.

Thoroughly Investigate: Supervisors and employees must work together to ensure that a thorough investigation takes place. To adequately protect the rights of all individuals involved, every complaint must be thoroughly investigated.


Familiarize

Act

Cooperate



Learn the Facts

A satisfactory resolution to the harassment must be reached.

Satisfactorily Resolve: A satisfactory resolution to the harassment complaint must be reached. Although charges of sexual harassment must be approached with sensitivity and objectivity, they must also be investigated and resolved promptly and fairly.


Knowledge Check 4

Knowledge Check 4

Now it’s time to review the information presented in the course with a quiz.



A supervisor promising an employee a promotion in exchange for sex is __________ sexual harassment.

Knowledge Check 4

o Quid pro quo


Which answer best completes the statement?

1

1. A supervisor promising an employee a promotion in exchange for sex is _________________________ sexual harassment.

o Quid pro quo



A supervisor promising an employee a promotion in exchange for sex is quid pro quo sexual harassment.

Knowledge Check 4

o Quid pro quo


A supervisor promising an employee a promotion in exchange for sex is __________ sexual harassment.

1

A supervisor promising an employee a promotion in exchange for sex is quid pro quo sexual harassment.



An employee constantly making unwanted sexual advances to a coworker is an example of ___________ sexual harassment.

Knowledge Check 4

o Quid pro quo



2

2. An employee constantly making unwanted sexual advances to a coworker is an example of _________________ sexual harassment.

o Quid pro quo



An employee constantly making unwanted sexual advances to a coworker is an example of hostile work environment sexual harassment

Knowledge Check 4

o Quid pro quo


An employee constantly making unwanted sexual advances to a coworker is an example of ___________ sexual harassment.

2

An employee constantly making unwanted sexual advances to a coworker is an example of hostile work environment sexual harassment.



Complaints about sexual harassment will be __________ to determine whether there has been a violation of company policy and/or the law.

Knowledge Check 4

o Confidential

o Investigated


3

3. Complaints about sexual harassment will be ______________ to determine whether there has been a violation of company policy and/or the law.

o Confidential

o Investigated


All complaints will be investigated to determine whether there has been a violation of company policy and/or the law.

Knowledge Check 4

o Confidential

o Investigated


3

All complaints will be investigated to determine whether there has been a violation of company policy and/or the law.



You should _________ all incidents of sexual harassment to a supervisor or HR, whether you are the target, a witness, or a coworker of the target.

Knowledge Check 4

o Not report

o Report



4

4. You should ___________ all incidents of sexual harassment to a supervisor or HR, whether you are the target, a witness, or a coworker of the target.

o Not report

o Report


You should report all incidents of sexual harassment to a supervisor or HR, whether you are the target, a witness, or a coworker of the target.

Knowledge Check 4

o Not report

o Report


4

You should report all incidents of sexual harassment to a supervisor or HR, whether you are the target, a witness, or a coworker of the target.


Key Points to Remember

• Sexual harassment is prohibited by law and workplace policy

• It can be physical, verbal, or visual

• Sexual harassment harms us all

• You have the power to help prevent it

Here are the main points to remember about this course on preventing sexual harassment:

• Sexual harassment is prohibited by law and workplace policy.

• It involves more than physical conduct; it can also be verbal or visual.

• Sexual harassment harms us all.

• You have the power to help prevent it.

This concludes the Preventing Sexual Harassment: A Guide for Employees training program.

Trainer: If your class has any questions, please be sure to go back and review any information that is not completely clear.

Documents

Preventing Sexual Harassment A Guide for Employees