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Objectives

Objectives. Define sexual harassment Describe a manager’s responsibilities in preventing and handling sexual harassment List the steps you should follow when handling a complaint of sexual harassment Explain how to investigate an allegation of harassment

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Objectives

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  1. Objectives • Define sexual harassment • Describe a manager’s responsibilities in preventing and handling sexual harassment • List the steps you should follow when handling a complaint of sexual harassment • Explain how to investigate an allegation of harassment • Establish guidelines for concluding the investigation.

  2. Sexual Harassment • When an individual’s response to: • Unwelcome sexual advances • Unwelcome requests for sexual favors • Unwelcome verbal or physical conduct of a sexual nature • Affects his or her: • Employment • Job performance • Work environment.

  3. Unwelcome Physical Contact • Touching • Hugging • Kissing • Pinching • Flirting • Brushing up against • Blocking a person’s path.

  4. Unwelcome Verbal Behavior • Obscenities • Suggestive comments or jokes • Sexual propositions • Inappropriate humor • Threats • Remarks about physical attributes.

  5. Unwelcome Non-Verbal Behavior • Staring • Obscene gestures • Sexually suggestive glances • Suggestive noises • Sexual content on computer displays • Printed calendars or posters • Inappropriate letters or email.

  6. Victim’s Perception • Sexual harassment violations are based on the perception of the victim, not the intentions of the accused.

  7. A Manager’s Responsibilities • Be aware of the warning signs • Document participation in formal training • Provide copy of harassment policy and procedures • Document steps taken to resolve an issue • Investigate complaints immediately • Comply with EEOC guidelines • Hire an outside investigator if necessary.

  8. Warning Signs • Significant changes in work habits • Increased absenteeism • Frequent physical ailments • Sudden change in physical appearance • Withdrawal from co-workers • Decreased self-confidence.

  9. Create a Safe Environment • Have an open door policy • Show attitude of respect and concern • Take all complaints seriously • Be objective and fair.

  10. Taking a Complaint • Listen attentively without interruption • Refrain from offering opinions • Allow the person to talk • Take careful notes • Ask questions to get all the facts • Encourage them to talk openly.

  11. Questions to Ask the Complainant • What exactly occurred? • When did it occur? • Is it still on-going? • Where did it occur? • How often did it occur? • How did it affect you?

  12. Questions to Ask the Complainant (cont’d) • How did you react? • Was there anyone present when it occurred? • Did you tell anyone about it? • Is there any documentation or evidence of the incident? • How would you like to see the situation resolved?

  13. Dealing with Emotions • Acknowledge their feelings • Empathize • Appreciate their courage • Tell the victim they were right in addressing their concern • Assure the victim they are not to blame.

  14. Gather Information • Determine specifics of the harassment • Identify the frequency of the offense • Ask the context and nature of the relationship • Get names of witnesses • Document incident and notify HR • Proceed with investigation.

  15. Confronting the Accused • Be direct, firm and fair • State purpose of meeting • Explain seriousness of accusation • Describe potential consequences • Listen carefully and document everything • Be objective.

  16. Questions to Ask the Accused • What is your response to these allegations? • If the accused claims the allegations are false, ask why the accuser might lie. • Are there any persons who have relevant information? • Is there any documentation or evidence of the incident? • Do you know of any further information?

  17. Interviewing Witnesses • Meet privately • State reason for meeting • Don’t provide details of claim • Get all the facts • Include witnesses’ observations • Ask witnesses to maintain confidentiality.

  18. Concluding the Investigation • Be thorough but fair • Follow company procedures • Evaluate the evidence • Communicate your decision • Explain disciplinary action • Follow-up to ensure no retaliation.

  19. California Law • Explicitly outlaws sexual harassment • Protects employees, independent contractors and applicants • Applies to any size employer • Liability can be placed on employer, co-workers and managers • Supervisory training requirement.

  20. Claim Filing Limitations • 300 days for Title VII claims • 365 days for California law claims • No cap on damages on CA law claims.

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