Sexual Harassment Training-Managers 2015

Sexual Harassment Training for Supervisors August 2015

ObjectivesAt the close of this session, you will be able to:Explain what sexual harassment is.State why it is important to prevent sexual

harassment in our workplace.Understand what retaliation is and help prevent

retaliation claims by employees who complain of sexual harassment.

Describe the SRC policy and procedures on sexual harassment.

Understand your responsibilities as supervisors for handling complaints and assisting in investigations and disciplinary action.

What is Sexual Harassment?Unwelcome sexual advances.Requests for sexual favors.Other verbal or physical

conduct of a sexual nature that affects an individuals’ employment, unreasonably interferes with his/her work performance, or creates an intimidating, hostile or offensive work environment.

Two Forms of Sexual HarassmentTwo forms of sexual harassmentQuid pro quo (Latin for “this for

that” or “something for something”).

Hostile Work Environment.

Quid pro QuoTangible employment action

against the victim.Involves monetary loss or change

in job◦Example: Mary receives smaller pay

increase based on performance than other employees with similar performance because she refused to go out with her supervisor, John.

Hostile Work EnvironmentSpeech or conduct that is severe

and/or pervasive enough to create an abusive or hostile work environment.◦Example: Mike is leering (elevator

eyes) at and intentionally brushing against Sally.

Hostile Work Environment (cont’d)In addition to speech and/or

conduct, this covers explicit or suggestive items displayed in the workplace that interfere with job performance or that create an abusive or hostile work environment.◦Example: Jill has a 9” x 12” calendar

of nude males on her cubicle wall visible to a passersby.

Who can be involved in sexual harassment?Those who commit it– employees

at all levels, clients, members of the same sex.

Those who are targeted by it– victims, bystanders and, in some cases, witnesses who are affected by the harassment.

What is Retaliation?Retaliation is defined as an adverse action taken against an employee because he/she complained of harassment or discrimination. Adverse action includes

demotion, discipline, termination, salary reduction, negative performance appraisal, change in job duties or shift assignment.

What is Retaliation (Cont’d)Anti-discrimination laws prohibit

employers from taking adverse action against employees for asserting their rights.

When an employee complains of sexual harassment to you or to others in this company or to a government agency, you must not take any action that the employee may view as punishment or retaliation for filing the complaint.

Retaliation (Cont’d)To succeed in a retaliation claim, an

employee must prove the following:◦ That he/she engaged in a protected

activity, such as complaining of sexual harassment.

◦ That he/she suffered an adverse employment action, such as demotion or termination.

◦ That the protected activity and adverse action are linked.

Retaliation (Cont’d)To avoid charges of retaliation:

Document the reason for any adverse employment action against an employee. ◦Make sure that the documentation

shows no discriminatory reason for the adverse action.

Do NOT take any adverse action against an employee who has complained of sexual harassment without discussing with and obtaining approval from the HR Director.

Questions? Comments?

Why it’s ImportantWhy is it important to prevent sexual harassment in our workplace? Sexual harassment harms us all. The most important part of our company values is

to ensure all employees are treated with respect and dignity.

Engaging in, condoning, or not reporting sexual harassment are in direct conflict with our values.

Compliance with Title VII of the Civil Rights Act which prohibits sex discrimination (including gender identity, change of sex and/or transgender status ).

Compliance with similar state civil rights laws and fair employment laws.

Why it’s Important (cont’d)Liability for the employer may fall under federal, state, or local law or civil litigation.• The company is always responsible for

harassment by a supervisor that results in a tangible employment action such as a hiring, firing, promotion, demotion, change in pay or benefits, and work duties.

• This would be the Quid pro Quo type of sexual harassment.

Why it’s Important (cont’d)If the harassment does not result in a tangible employment action, the employer may still be liable unless it proves that: It exercised reasonable care to

prevent and promptly correct any harassment; and

The employee unreasonably failed to complain to management or to avoid harm otherwise.

Why it’s Important (cont’d)LiabilityMany state non-

discrimination laws define “employer” to include individual supervisors, managers, or officials.

Increasingly there is risk of individual liability for these company individuals as many suites contain state law claims.

Limits on Damages

Number of employees Maximum total of compensatory and punitive damages

15 -100 $ 50,000

101 – 200 $100,000

201 – 500 $200,000

501 or more $500,000

Note: When the EEOC pursues a claim for more than one person, the damage caps are applied to each aggrieved individual.

Sexual Harassment JudgmentsIn Fiscal Year 2014, the EEOC

resolved 6,682 sexual harassment charges and recovered $35 million in monetary benefits for charging parties and other aggrieved individuals.◦This does not include any monetary

benefits obtained through litigation.

Sexual Harassment Judgments (Cont’d)One of largest and most publicized EEOC settlements:Mitsubishi (1998) - $34 million.

◦EEOC sued contending that women on the assembly line in an Illinois factory were groped, insulted, and subjected to raunchy insults.

◦Women also alleged male coworkers and supervisors kissed and fondled them, demanded sexual favors, and retaliated against those who refused.

Sexual Harassment Judgments (Cont’d)Another case:$3.5 million – Baker and McKenzie

(1998), world’s largest law firm. ◦ Secretary Rena Weeks accused a partner and

the firm of creating a hostile work environment and failing to take steps against a partner.

◦ A series of women at the firm had complained of the partner’s sexual harassment, but the firm took no action against the partner.

◦ Firm actually transferred some of complainants and fired one.

Questions? Comments?

Our Policy & Procedure on Sexual HarassmentSRC expects employees to treat each

other with respect and dignity. SRC will not tolerate any form of

unlawful harassment, including sexual harassment or any other inappropriate or unprofessional behavior, by any person in any form.

SRC will hold managers and supervisors accountable for ensuring that this policy is not violated.

Our Policy & Procedure on Sexual Harassment (Cont’d) Unwelcome sexual advances, requests for sexual favors, or

other verbal or physical conduct based on sex may constitute sexual harassment.

This conduct is unlawful when: 1. Submission to such conduct is made either explicitly a term or

condition of an individual’s employment;2. Submission to rejection of such conduct by an individual is used

as the basis for employment decisions affecting that individual; or 3. Such conduct has the purpose or effect of unreasonably

interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Examples of inappropriate workplace behaviors may include but are not limited to: unwelcome flirtation, sexual gestures, advances or propositions, verbal abuse of a sexual nature, unwelcome touching, sexually degrading words to describe an individual, sexually explicit offensive jokes and physical assault.

Our Policy & Procedure on Sexual Harassment (Cont’d)Everyone at SRC is expected to avoid any behavior

that could be interpreted as unlawful harassment. All employees should also understand the

importance of informing an individual whenever that individual’s behavior is unwelcome, offensive in poor taste or inappropriate.

If that behavior does not stop, the employee should immediately report it to their supervisor or the HR Director.

If the employee’s supervisor is the source of the alleged harassment, the employee should report the problem to another manager or to the HR Director.

Our Policy & Procedure on Sexual Harassment (Cont’d)SRC will promptly investigate all alleged violations

of this policy as confidentially as possible. Where investigation indicates a violation of this

policy, SRC will take the appropriate corrective action, up to and including termination.

SRC will not permit discrimination or retaliation against employees who report a complaint or provide a witness statement during an investigation.

If employees have any questions regarding harassment or this policy, they should contact their immediate supervisor or the HR Director.

Your Responsibilities as SupervisorsKnow and comply with our policy

and procedures.Immediately report any complaint

that you receive from your employees or incidents that you witness involving other supervisors’ employees to the HR Director.

Your Responsibilities as Supervisors (Cont’d)Handling sexual harassment complaints from your employees:Demonstrate your willingness to hear and

objectively discuss complaints. Inform the employee that you must report all

complains to the HR Director. Tell the employee that confidentiality will be

respected as much as possible, but cannot be assured in order to investigate fully and properly.

Handling sexual harassment complaints from your employees: Do not object if an employee prefers to

or actually does bypass the standard chain of command.

Respond to any employee’s complaint as soon as possible.

Do not engage in retaliation against an employee who complains of sexual harassment.

Immediately report the complaint to the HR Director.

Your Responsibilities as Supervisors (Cont’d)

Your Responsibilities as Supervisors (Cont’d)Investigations are conducted by the HR Director. Be available for interviews and

provide as much information as possible.

Make employees available for interviews.

Your Responsibilities as Supervisors (Cont’d)Once an investigation has been completed, if disciplinary action is to be taken, work with the HR Director to make sure that:The victim is not

adversely affected.The sexual harassment

stops and does not recur.

Questions ?Comments ?

SummarySexual harassment is:Unwelcome sexual advances.Requests for sexual favors.Other verbal or physical conduct

of a sexual nature that affects an individuals’ employment, unreasonably interferes with his/her work performance, or creates an intimidating, hostile or offensive work environment.

Summary (Cont’d)There are two forms of sexual harassment:Quid pro quo (Latin for “this for

that” or “something for something”) and

Hostile Work Environment

Summary (Cont’d)Retaliation is taking adverse

action against an employee who has complained of sexual harassment.

It is just as illegal as sexual harassment and is strictly prohibited in our company.

Summary (Cont’d)It is important to prevent sexual

harassment in our workplace because it harms us all.

It conflicts with our company value that all employees are treated with respect and dignity.

Sexual harassment and retaliating against an employee who complains of sexual harassment is illegal under federal and state laws.

Summary (Cont’d)Your responsibilities are to:Know and comply with our policy and procedures. Immediately report any complaints you receive or

incidents you witness to the HR Director.Handle complaints from your employees in

accordance with our policy and procedures.Never retaliate against an employee who

complains of sexual harassment.Assist with investigations and disciplinary action.Assure that victims are not adversely affected.Make sure that sexual harassment stops and

does not recur.

Questions? Comments?