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Sexual Harassment Training by Montana Dept. of Labor and Industry
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Sexual Harassment Training by Montana Dept. of Labor and Industry

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  • The City of Glasgow Recreation Board has adapted the policy that all employees of the recreation department attend a Sexual Harassment Workshop. <br /> You will learn what it is…How to avoid it…and what steps you can take if you feel you are a victim of Sexual Harassment. <br /> Tonight’s Agenda is…. <br />
  • Since it is in the news, allegations of sexual harassment are much more common and the media thinks it’s newsworthy. For example think about all the news coverage Paula Jones and Anita Hill received from the allegations of sexual misconduct by President Clinton. There isn’t hardly a week that goes by that there is not a charge of sexual harassment charges being filed against someone in our two state-wide newspapers. <br />
  • It affects employers and employees of all types and sizes. <br /> All types of employers have fallen victim to sexual harassment charges from large corporations like Wal-mart to Ma & Pa stores. The number of sexual harassment complaints has increased from 10,532 in 1992 to 15,618 in 1998 and that figure is even higher today. <br />
  • Movies, home videos, television, music, etc. are all increasingly charged with sexual innuendos, explicit acts, lyrics, etc. As a result, a “blurring” of the perceived boundaries of socially acceptable behavior can happen and thus carried over into the workplace. <br /> The City of Glasgow is committed to maintaining a respectful and dignified workplace for all employees. <br /> Defending against a charge of sexual harassment can be extremely costly to you and your employer…so it is important that you understand just what constitutes sexual harassment and how to avoid it. <br />
  • Under the Title VII of the Civil Rights Act prohibits sexual harassment in the Workplace for employers with 15 or more employees…however Montana law states that no employer can discriminate against any of the protected classes regardless of the size of the employer. <br /> And sexual harassment is a form of discrimination. <br />
  • So what really is sexual harassment…other than it is a form of discrimination and it is against the law. <br /> It is any unwelcome sexual advances or requests for sexual favors, or verbal or physical conduct of a sexual nature. <br /> The key to whether an act constitutes sexual harassment is if the behavior is unwelcome and base on sex. The following are examples of sexual conduct in the workplace that may constitute sexual harassment: <br /> *Touching or gesturing, blocking, following (physical acts) <br /> *Requests for sexual favors, dates, lewd remarks, or sexual innuendos (physical acts) <br /> *visual displays of sexual photos, cartoons, posters, calendars and drawings…this could include sending this type of information through the E-mail. <br />
  • Anyone can commit sexual harassment. Including Clients or customers of an employer. <br /> For example a customer of a restaurant could commit a sexual harassment act against a waitress. The sex of the offender and victim is not a controlling factor…by this I mean that males can commit sexual harassment against other men and women can bring charges against other women. <br />
  • Again basically anyone can be the victim of sexual harassment. <br /> Direct targets of harassment is when an employee is subjected to sexual advances. <br /> Witnesses – Bystanders or those that witness acts of sexual harassment directed toward someone else may bring a sexual harassment case. <br />
  • For example, a supervisor’s demand for sex or an act of sexual nature in return for something…maybe a better shift, promotion, raise, day off, etc. <br />
  • This consists of an environment often characterized as offensive,intimidating, or abusive and may include the following behaviors or acts: <br /> *Sexual jokes or suggestive remarks <br /> *Sexual graffiti or cartoons <br /> *Sexually derogatory comments <br />
  • When determining whether a hostile work environment exists, consider these points… <br />
  • In the case of Quid Pro (something for something) liability is automatic <br />
  • If sexual harassment is committed by a supervisor the Employer is liable…however if the employer can show that they took action to correct the problem, then the liability may be transferred or deferred. <br /> If no action is taken then the offender and the employer will be held liable. <br /> In the case of co-workers the offender and employer can be held liable…if no action is taken <br />
  • The stray remark, be careful…depending on the remark it could be harassment. <br /> Overly sensitive employee…generally sexual harassment is not considered, but be careful you might be able to prove this situation once or twice, but not for very long. <br /> Consensual relationships…It is important to remember that only unwelcome conduct of a sexual nature is unlawful. Therefore, workplace dating or romances do not generally constitute sexual harassment. But again these romances or showing of affection at the workplace could be offensive to co-workers or to your customers. <br />
  • Scenario: <br /> Edna has worked for Mark a manager, for almost ten years. As Mark’s administrative Assistant, Edna knows Mark and idiosyncrasies better than anyone else. For example, how Mark like 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. 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. <br /> 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. <br /> Is this Sexual Harassment? <br /> Edna probably does not have a valid complaint. A person might be offended by Mark’s behavior, the facts suggest that Edna has never previously been offended. Also since Edna’s complaint comes on the heels of a recent disciplinary action, the validity of her complaint is somewhat suspect. It is important to note, however, that any one of the other females in the office that has been subjected to Mark’s behavior may have a valid complaint. <br />
  • It is important that you know your employer’s position against sexual harassment and understand what is acceptable and what is not. The Sexual harassment policy is designed to protect your rights. <br /> Here is a copy of the employers Sexual Harassment Policy. <br />
  • FACTS – This acronym will serve as a quick and easy reminder of the most important responsibilities you have in effecting a policy against sexual harassment. That is to identify, report, and satisfactorily resolve all charges of sexual harassment. <br />
  • Remember Sexual Harassment can be physical, verbal or visual conduct. It is anything of a sexual nature in the workplace that is not welcome. <br /> Sexual harassment is unlawful. <br /> Test your skill: True or False <br /> The victim has to be of the opposite sex – False <br /> 2. One act of sexual harassment may be sufficient to constitute an actionable claim – True <br /> 3. An employer can be held liable for the sexual harassment of employees by customers or other third parties – True <br /> 4.The employer does not have an obligation to investigate a report of sexual harassment if the employer learns of the harassment from someone other than the victim (hearsay evidence) and the victim does not want any action taken - False <br />

Sexual Harassment Training by Montana Dept. of Labor and Industry Sexual Harassment Training by Montana Dept. of Labor and Industry Presentation Transcript

  • Sexual Harassment Training Presented by Northeast Montana Job Service - Montana Dept. of Labor and Industry
  • Agenda Why talk about sexual harassment? Why are we here today? What is sexual Harassment? Who can commit Sexual Harassment? Who can experience Sexual Harassment? Specific forms of Harassment Who is liable?
  • Agenda What isn’t Sexual Harassment? Is this Sexual Harassment? Objectives of Sexual Harassment Policy General guiding principles FACTS Test your knowledge Final thoughts View slide
  • Why talk about Sexual Harassment? It’s in the news It affects employers of all types and sizes It appears in many forms of entertainment View slide
  • Why are we here today? Company Objective • A commitment to dignity and respect in the workplace • How sexual harassment affects employee morale • Sexual harassment impacts the bottom line
  • Why are we here today? Legal requirements • Title VII of the Civil Rights Act of 1964 prohibits sexual harassment in the workplace • Complying with the law is desirable and necessary
  • What is Sexual Harassment? Title VII • Title VII prohibits discrimination in employment based on race, color, religion, sex, or national origin • The courts have interpreted discrimination based on sex to include sexual harassment
  • What is Sexual Harassment? Conduct of a sexual nature in the workplace Includes any unwelcome: • • • • Sexual advances Requests for sexual favors Verbal and physical conduct or a sexual nature Display of sexually explicit or suggestive materials
  • Who can commit Sexual Harassment? Supervisors Subordinates Co-Workers Clients Customers Teachers Students Same-Sex
  • Who can experience Sexual Harassment Direct targets of harassment Bystanders Witnesses
  • The specific forms of harassment Quid Pro Quo Consists of: • Something for Something Usually occurs within the context of a supervisor-employee relationship
  • The specific forms of harassment Hostile Work Environment Consists of: • Severe and pervasive conduct • Unreasonable interference with an individual’s job performance • Offensive, intimidating, hostile work environment Can be created by anyone in the workplace
  • The specific forms of harassment Hostile Work Environment Considerations • How frequent is the conduct? • How severe is the conduct? • Is the conduct physically threatening, humiliating, or merely an offensive utterance? • Does the conduct unreasonably interfere with an individual’s work performance?
  • When is an employer liable? Quid Pro Quo • Liability is automatic
  • When is an employer liable? Hostile Work Environment • • • • Supervisors Tangible employment action No action Non-supervisors
  • What isn’t Sexual Harassment? The stray remark The overly sensitive employee Consensual relationships
  • Is this sexual harassment? Workplace Scenario • You be the Judge
  • Is this sexual harassment? Scenario: • Edna has worked for Mark a manager, for almost ten years. As Mark’s administrative Assistant, Edna knows Mark and idiosyncrasies better than anyone else. For example, how Mark like 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. 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? Is this Sexual Harassment? • Edna probably does not have a valid complaint. A person might be offended by Mark’s behavior, the facts suggest that Edna has never previously been offended. Also since Edna’s complaint comes on the heels of a recent disciplinary action, the validity of her complaint is somewhat suspect. It is important to note, however, that any one of the other females in the office that has been subjected to Mark’s behavior may have a valid complaint.
  • The objectives of a workplace sexual harassment policy To provide a uniform statement of expectations To protect employee rights • Foster respect for all parties • Respect confidentiality • Prohibit retaliation To promote compliance and prevention • Management and employee responsibilities
  • General guiding principles Follow the FACTS F - Familiarize yourself with the company policy A - Address incidents of sexual harassment immediately C - Cooperation T - Thorough investigation S - Satisfactory resolution
  • Follow the Facts F - Familiarize yourself with the company policy • read the policy • ask questions • keep a copy in a safe place
  • Follow the Facts A - Address incidents of a sexual harassment immediately • Employee must report • Management must respond
  • Follow the FACTS C - Cooperate • Full cooperation of all parties is expected and required
  • Follow the FACTS T - Thorough investigation • Documentation of complaints • Employee interviews • Signed statements
  • Follow the FACTS S - Satisfactory resolution • Swift response and resolution • Objective review of the facts • Fair and appropriate response
  • Final thoughts Important points to remember • Remember Sexual Harassment can be physical, verbal or visual conduct. It is anything of a sexual nature in the workplace that is not welcome. • Sexual harassment is unlawful. Test your knowledge • Test your skill: True or False 1. The victim has to be of the opposite sex – False 2. 2. One act of sexual harassment may be sufficient to constitute an actionable claim – True 3. 3. An employer can be held liable for the sexual harassment of employees by customers or other third parties – True
  • Final thoughts • The employer does not have an obligation to investigate a report of sexual harassment if the employer learns of the harassment from someone other than the victim (hearsay evidence) and the victim does not want any action taken - False