Transcript Sexual Harassment

Sexual Harassment
What Supervisors Need to Know
© BLR®—Business & Legal Resources 1408
Session Objectives
You will be able to:
• Understand legal and policy requirements
• Recognize what constitutes harassment
• Handle complaints effectively
• Participate in investigations
• Take appropriate corrective action
• Maintain a productive work environment
© BLR®—Business & Legal Resources 1408
Session Outline
• Compliance with the law and our policy
• What constitutes sexual harassment
• Who’s affected by harassment
• Handling employee complaints
• Conducting investigations
• Taking corrective action
© BLR®—Business & Legal Resources 1408
How Widespread Is Sexual
Harassment?
• About 70% of women and 20% of men
have experienced sexual harassment
• About 15,000 sexual harassment cases
are filed each year
• Charges of sexual harassment cost U.S.
companies almost $40 million each year
• Complaints filed by men have more than
tripled in recent years
© BLR®—Business & Legal Resources 1408
Why You Need to Know
Sexual harassment:
• Damages organizations
• Undermines trust and respect
• Exposes us to damaging liabilities
© BLR®—Business & Legal Resources 1408
Harassment and the Law
• Title VII
• The courts
• State law
• Equal Employment
Opportunity Commission
(EEOC)
© BLR®—Business & Legal Resources 1408
Harassment and the Law
(cont.)
EEOC defines sexual
harassment as sexual
conduct that is:
• Unwelcome
• Harmful
• Illegal
© BLR®—Business & Legal Resources 1408
Harassment and Social
Media
• Inappropriate
electronic material
• Suggestive messages
• Examples
© BLR®—Business & Legal Resources 1210
1408
Our Policy
• Provides a clear
statement of our
position against sexual
harassment
• Promotes compliance
and prevention by
defining responsibilities
• Protects your rights
and fosters respect
for all
© BLR®—Business & Legal Resources 1408
Our Policy (cont.)
• Familiarize yourself with the policy
• Publicize the policy
• Enforce the policy
• Review the policy periodically
© BLR®—Business & Legal Resources 1408
Is This Sexual
Harassment?
A female employee wears
miniskirts to work.
Is this inviting harassment?
NO
A female supervisor makes
frequent comments about a male
employee’s physique.
Is this sexual harassment?
YES
A male supervisor makes frequent
comments about a male
employee’s physique.
Is this sexual harassment?
YES
© BLR®—Business & Legal Resources 1408
Is This Sexual
Harassment? (cont.)
Two co-workers forward each other
off-color jokes they receive in e-mails.
Is this sexual harassment?
NO
An employee asks a co-worker out.
Is this sexual harassment?
NO
Two co-workers develop a
personal relationship.
Is this sexual harassment?
NO
© BLR®—Business & Legal Resources 1408
Is this Sexual Harassment?
(cont.)
An employee posts a swimsuit
calendar in his work area.
Is this sexual harassment?
YES
An employee posts a male
pinup in her work area.
Is this sexual harassment?
YES
A good customer makes provocative
comments to employees.
Is this sexual harassment?
YES
© BLR®—Business & Legal Resources 1408
Sexual Harassment
Do you understand
• Why it’s important to
learn about sexual
harassment and how
it violates the law?
• The terms of our
policy and your role
in publicizing and
enforcing it?
• What sexual harassment
is and is not?
© BLR®—Business & Legal Resources 1408
Tangible Employment
Action
• Tangible employment
action (quid pro quo)
• Automatic liability
• Tangible employment
action must actually
occur
© BLR®—Business & Legal Resources 1408
Hostile Work Environment
• Severe or pervasive
conduct (or both)
• Intimidating, hostile,
or offensive displays
© BLR®—Business & Legal Resources 1408
Hostile Work Environment
(cont.)
Examples include:
• Sexually explicit
pictures, calendars,
graffiti, or objects
• Regularly:
•
•
•
•
Using dirty words
Making sexual jokes
Using obscene gestures
Making rude comments
of a sexual nature
© BLR®—Business & Legal Resources 1408
Tangible Employment Action
Or Hostile Work Environment?
An employee is asked to talk about her raise
with her supervisor after business hours at a
romantic restaurant.
This is tangible employment action.
An employee brings a sexually explicit
gag gift into work for a co-worker’s
birthday present.
This describes a hostile work environment.
© BLR®—Business & Legal Resources 1408
Tangible Employment Action or
Hostile Work Environment? (cont.)
A supervisor regularly uses obscene
language when talking to his employees.
This describes a hostile work environment.
An employee who appears to be “very
close” to the boss always gets the easiest
job assignments.
This is tangible employment action.
© BLR®—Business & Legal Resources 1408
Liability
• Automatic liability for
supervisor’s tangible
employment action
• If no tangible
employment action,
the workplace might
avoid liability
© BLR®—Business & Legal Resources 1408
Liability (cont.)
• Liability for actions
of co-workers
• Liability for actions
of customers, clients,
and independent
contractors
© BLR®—Business & Legal Resources 1408
Who’s Affected?
Those who commit acts
of sexual harassment,
including:
• Employees at any level
• Clients or customers
• Members of the
same sex
© BLR®—Business & Legal Resources 1408
Who’s Affected? (cont.)
Those who experience,
including:
• Direct targets
• Bystanders and
witnesses
© BLR®—Business & Legal Resources 1408
Sexual Harassment
• Do you understand the
two main forms of
sexual harassment—
tangible employment
action and hostile work
environment?
• Do you understand
who may be affected
by sexual harassment
in the workplace?
© BLR®—Business & Legal Resources 1408
Handling Complaints
• Encourage reporting
• Respond to all
complaints
• Allow employees to
bypass the normal
chain of command
© BLR®—Business & Legal Resources 1408
Handling Complaints (cont.)
• Respect confidentiality
• Strike a balance
between confidentiality
and the need to
investigate
• Protect everyone’s rights
© BLR®—Business & Legal Resources 1408
Dealing with
Isolated Incidents
• Determine the exact nature of the incident
• Counsel the alleged harasser
• Reassure the victim
• Monitor the situation carefully
© BLR®—Business & Legal Resources 1408
Conducting Investigations
• Questions for the employee filing the
complaint
© BLR®—Business & Legal Resources 1408
Conducting Investigations
(cont.)
• Questions for the
alleged harasser
• Questions for
witnesses
© BLR®—Business & Legal Resources 1408
Taking Corrective Action
• Take effective
remedial action
• Balance competing
concerns
© BLR®—Business & Legal Resources 1408
Taking Corrective Action
(cont.)
• Make certain the
victim is not
adversely affected
• Stop the harassment
and make sure it
doesn’t recur
© BLR®—Business & Legal Resources 1408
Taking Corrective Action
(cont.)
• Correct the effects
of the harassment
• Follow up to make
sure the problem
is solved
© BLR®—Business & Legal Resources 1408
Key Points to Remember!
• 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 a responsibility to help prevent it
© BLR®—Business & Legal Resources 1408