4/00/31511251 © 2000 Business & Legal Reports, Inc. BLR’s Human Resources Training Presentations Sexual Harassment: What Is and Isn’t Acceptable: Part

4/00/31511251 © 2000 Business & Legal Reports, Inc.

BLR’s Human Resources Training Presentations

Sexual Harassment: What Is and Isn’t Acceptable: Part II


Goals

Know when an employer is liableUnderstand what isn’t sexual harassmentUnderstand the objectives of a workplace

sexual harassment policyGain a better understanding of your role in

achieving our policy objectives with FACTS


When Is an Employer Liable?

Quid Pro Quo–Liability is automatic


When Is an Employer Liable? (cont.)

Hostile Work Environment–Supervisors vs. non-supervisors–Tangible employment action vs. no

action– In a school system


What Isn’t Sexual Harassment?

The stray remarkThe overly

sensitive employeeConsensual

relationships


A Sexual Harassment Policy

To provide uniform expectationsTo protect employee rightsFoster respect for all partiesTo promote compliance and preventionManagement and employee responsibilities


General Guiding FACTS

Familiarize yourself with the company policy

Address incidents of sexual harassment immediately

CooperationThorough investigationSatisfactory resolution


Follow the FACTS

Familiarize yourself with the company policy


Follow the FACTS (cont.)

Address incidents of sexual harassment immediately



Cooperate–Full cooperation of all parties is expected

and required



Thorough investigation–Documentation

of complaints–Employee interviews–Signed statements



Satisfactory resolution–Swift response and resolution–Objective review of the facts–Fair and appropriate response


Summary

Sexual harassment is physical, verbal, or visual conduct of a sexual nature in the workplace that is unwelcome.

Sexual harassment is unlawful.Our company adheres to a policy of “zero tolerance”

regarding sexual harassment in our workplace.It is our goal to educate employees so that a

harassment-free work environment is promoted and maintained.


Summary (cont.)

To this end, employees must immediately report any incident of sexual harassment. Managers and supervisors must immediately address and correct any report of such activity.

All employees should work together to eliminate harassment.

A work environment that is free of harassment is one that is supportive and beneficial to all.


Case Study

Edna, Employee, has worked for Mark, Manager, for almost ten years. As Mark’s Administrative Assistant, Edna knows Mark and his idiosyncrasies better than anyone else. For example, how Mark likes to call Edna and the other female co-workers “Babe,” how he often rests his hand on Edna’s shoulder while he dictates a letter, and how he often compliments the female typists on their appearance and dress.


Case Study (cont.)

In the past, none of this ever particularly bothered Edna. Edna always felt that Mark’s behavior was harmless and characteristic of men from Mark’s generation.Last week, Mark issued a written warning to Edna based on her misuse of company phones and excessive absenteeism. Edna has now filed a formal internal complaint charging Mark with sexual harassment. Is this sexual harassment?


Case Study Analysis

Edna probably does not have a valid complaint. Although the courts have held sexual harassment must consist of conduct that is offensive to a reasonable person, they also noted that an “affected” employee must also actually be offended. Although a reasonable person might be offended by Mark’s behavior, the facts suggest Edna has never previously been offended. Also, since Edna’s complaint comes soon after recent disciplinary action, the validity of her complaint is somewhat suspect.

Documents

4/00/31511251 © 2000 Business & Legal Reports, Inc. BLR’s Human Resources Training Presentations Sexual Harassment: What Is and Isn’t Acceptable: Part