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