Sexual Harassment Prevention Guidelines

1. Sexual Harassment Prevention Guidelines

2. In This Webinar • What is Sexual Harassment? • Categories of Sexual Harassment • Circumstances in Which Sexual Harassment Can Occur • Reporting and Investigating Sexual Harassment • Preventing Sexual Harassment

3. Sexual Harassment • Is Illegal Under: • Title VII of the Civil Rights Act of 1964 (appliesto most employers with 15 or more employees) • State nondiscriminationlaws (may apply to smaller companies) • Creates a negative work environment

4. Sexual Harassment Defined Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct: • Creates an intimidating, hostile, or offensive work environment • Explicitly or implicitly affects an individual's employment • Unreasonably interferes with an individual's work performance

5. Two Categories of Sexual Harassment • Quid Pro Quo: "This for That" • Submission to, or rejection of, unwelcome sexual conduct is used as a basis for employment decisions • Hiring, job responsibilities, firing, promotion, demotion

6. Two Categories of Sexual Harassment (cont'd) • Hostile Work Environment: Unwelcome sexual conduct that unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment

7. Sexual Harassment Defined Harassment not involving sexual activity or sexual language can also violate the law.

8. Federal Law Does Not Prohibit: Simple teasing, offhand comments, or isolated incidents that are not very serious.

9. Example 1 Mary: New Woman on the Dock Hostile Work Environment - Examples Example 2 Paul: The Email Jokester

10. Coworker Exchange Brad: Lisa, you look nice today. Lisa: Thank you. Brad: The blue of your dress really compliments your eyes. Lisa: Uh. Okay. Thank you, I guess.

11. Sexual Harassment Can Occur Under a Variety of Circumstances: • The victim, as well as the harasser, may be a woman or a man. The victim does not have to be of the opposite sex. • The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a coworker, or a non-employee.

12. Sexual Harassment Can Occur Under a Variety of Circumstances (cont'd): • The victim does not have to be the person harassed, but could be anyone for whom the offensive conduct creates a hostile work environment. • Unlawful sexual harassment may occur without economic injury to, or discharge of, the victim. • The harasser's conduct must be unwelcome.

13. Example

14. Sexual Harassment and Technology Sexual harassment can occur through: • Text messages • Email messages • Social media Computer screen displays • Cell phone screen displays

15. Sexual Harassment Can Happen On- or Off-Premises • In office • At off-site work parties or functions • While traveling for business • At client offices or events

16. Office Romances • Asking for a date is not sexual harassment, if requests are not persistent or unwelcome. • Dating a colleague is not sexual harassment, if the relationship is consensual and welcome. • Avoid hostile work environment or quid pro quo sexual harassment.

17. Sexual Harassment Policy Should include: • Clear explanation of prohibited conduct • Assurance that employees who make complaints of harassment or provide information will be protected against retaliation • Complaint process that provides accessible avenues for reporting harassment and prompt, thorough, and impartial investigation • Assurance that employer will protect confidentiality of harassment complaints to the extent possible • Assurance that employer will take immediate and appropriate corrective action when it determines that harassment has occurred

18. Sexual Harassment Policy (cont'd) Sexual harassment policy, including complaint procedure, must conform with state law requirements.

19. Sexual Harassment Policy (cont'd) Communicating Policy • Provide every employee with a copy of the policy and complaint procedure • Redistribute policy and complaint procedure periodically • Write policy in a way that will be understood by all employees • Post policy and complaint procedure in central locations, and incorporate them into employee handbooks • Provide training to all employees (note that some states, including California, Connecticut, and Maine, require training for certain employees) Remember: Comply with state law requirements that apply

20. Training Employees Options for sexual harassment prevention training include: • On-site training by a professional expert in sexual harassment prevention. • Learning Management Systems (LMS), which provide online sexual harassment prevention training, as well as other courses that help employees, supervisors, and managers stay compliant. LMS systems: • Track employee progress on completion of courses • Are available 24/7 on laptops, tablets, and smart phones For access to an economical LMS system, please contact: lillian@hr360.com or sales@hr360.com

21. Reporting Sexual Harassment • Although not obligatory, it is best if victim informs harasser directly that conduct is unwelcome and must stop • Victim should use employer complaint mechanism

22. Reporting Sexual Harassment (cont'd) Supervisor should: • Immediately notify the person designated to handle sexual harassment complaints—this could be an HR person. • Immediately notify this person upon suspicion or belief of sexual harassment

23. Reporting Sexual Harassment (cont'd) Confidentiality of complaints • Complaint should be kept confidential to extent possible • Total confidentiality cannot be guaranteed

24. Reporting Sexual Harassment (cont'd) Retaliation is illegal. • It is illegal to retaliate for an employee's opposition to employment practices that discriminate based on sex. • It is illegal to retaliate for an employee filing a discrimination charge, or for testifying or participating in an investigation, proceeding, or litigation under Title VII.

25. Reporting Sexual Harassment (cont'd) Examples of illegal retaliation: • Termination • Demotion • Reduction in pay • Denial of a promotion • Threats • Unjustified negative performance evaluations • Increased surveillance

26. Reporting Sexual Harassment (cont'd) Reporting policy must conform with state law requirements.

27. Sexual Harassment Investigations • Investigations should be conducted under the direction of HR and in compliance with company policy and law • Promptly determine whether investigation is warranted • If investigation is necessary, it should be launched immediately

28. Intermediate Measures to Prevent Further Harassment May Be Necessary • Scheduling changes to avoid contact between parties • Transferring the alleged harasser • Placing the alleged harasser on non-disciplinary leave with pay, pending investigation • Complainant should not be involuntarily transferred or otherwise burdened; this could constitute unlawful retaliation

29. Conducting the Investigation • Investigator should independently and objectively gather facts • Alleged harasser should not have authority over investigator or investigation • Investigator should have skills required for interviewing witnesses and evaluating credibility

30. Basic Investigation Steps • Interview complainant

31. Basic Investigation Steps (cont'd) • Interview alleged harasser • Interview all witnesses

32. Basic Investigation Steps (cont'd) • Weigh the evidence • Make a determination

33. Basic Investigation Steps (cont'd) • Take action

34. Basic Investigation Steps (cont'd) • Make a detailed record --Initial complaints --Witness reports --Written materials relevant to investigation --Records of meetings and interviews with parties --Discipline or termination reports --Notes of supervisors or other management personnel Comply with state law requirements

35. Taking Corrective Action • Remedial measures should be designed to: • Stop harassment • Correct its effects on the victim • Ensure harassment does not reoccur • Need not be what complainant prefers • Should not penalize or adversely affect complainant

36. Corrective Action Examples Disciplinary measures may include: • Oral or written warning or reprimand • Transfer or reassignment • Demotion • Reduction of wages • Suspension • Discharge • Training or counseling • Monitoring

37. Corrective Action Examples (cont'd) Measures to correct the effects of harassment include: • Restoration of leave taken due to harassment • Expungement or removal of any negative evaluations • Reinstatement • Apology by harasser • Monitoring treatment of victim • Correction of any harm caused by harassment Ensure compliance with state law requirements

38. Preventing Sexual Harassment • Prevention is the best solution. • Employers should inform employees of their policies against sexual harassment and their grievance procedures. • Employers should take immediate action when a complaint is registered. • All employees should take sexual harassment training. Be sure to comply with state requirements.

39. Preventing Sexual Harassment (cont'd) Exercise good judgment Be respectful Display appropriate behavior Correct inappropriate behavior

40. Preventing Sexual Harassment (cont'd) • Stay informed • Seek assistance from HR

41. Thank you for joining us today. Stay tuned for new webinars.

42. Special Note The content herein is provided for general information purposes only, and does not constitute, legal, tax, or other advice or opinions on any matters. This information has been taken from sources which we believe to be reliable, but there is no guarantee as to its accuracy.