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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