Workplace environment preventing_sexual_harassment


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Workplace environment preventing_sexual_harassment

  1. 1. Preventing Sexual Harassment
  2. 2. Preventing Sexual HarassmentYour employer prohibits harassmentin the workplace and is committed tomaintaining a hostile-free workenvironment for all of its employees.
  3. 3. Preventing Sexual HarassmentTraining helps you understand whatto do if you believe your companysexual harassment policy is beingviolated.
  4. 4. Preventing Sexual HarassmentRead and understand your companysexual harassment policy.
  5. 5. Preventing Sexual HarassmentContact your human resourcesdepartment with any questions youmight have about the policy.
  6. 6. Legal Overview
  7. 7. Legal OverviewUnlawful harassment is a seriousmatter, so you need to be clear aboutwhat is and isn’t unlawful harassment.
  8. 8. Legal OverviewThe Equal Employment OpportunityCommission (EEOC) guidelines defineharassment on the basis of sex.
  9. 9. Legal OverviewThe EEOC guidelines state the sameprinciples apply to harassment on thebasis of race, color, religion or nationalorigin.
  10. 10. Legal OverviewThe same principles apply to otherprotected characteristics such as ageand disability.
  11. 11. Definition – Sexual HarassmentUnwelcome sexual advances, requestsfor sexual favors and other verbal orphysical conduct of a sexual naturewhen:
  12. 12. Definition – Sexual Harassment1. Submission to such conduct is made either explicitly or implicitly a condition of an individual’s employment.
  13. 13. Definition – Sexual Harassment2. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individuals.
  14. 14. Definition – Sexual Harassment3. 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.
  15. 15. Legal OverviewCompany policy may differ from thelaw.
  16. 16. Legal OverviewConduct may violate your companypolicy even though it doesn’t violatethe law.
  17. 17. Legal OverviewYou need to understand yourcompany policy and the law.
  18. 18. Legal OverviewCommenting on the fact that a personlooks nice isn’t sexual harassment.
  19. 19. Legal OverviewHowever, if comments are frequentand mention how your body looks,they cross the line.
  20. 20. Legal OverviewUncomfortable is the key word.
  21. 21. Legal OverviewSometimes it is hard to know wherethe lines are and what is illegal.
  22. 22. Hostile WorkEnvironment
  23. 23. Hostile Work EnvironmentIf you’re being made uncomfortable inyour work environment, or someone’sconduct is unwelcome, review yourcompany policy.
  24. 24. Hostile Work EnvironmentContact your human resourcesdepartment if you’re feelinguncomfortable or threatened.
  25. 25. Hostile Work EnvironmentTell the person his or her advances arenot welcome.
  26. 26. Hostile Work EnvironmentOffensive language and telling off-color jokes can be construed as sexualharassment.
  27. 27. Hostile Work EnvironmentPeople usually back off if you let themknow you don’t like their behavior.
  28. 28. Hostile Work EnvironmentCheck your company harassmentpolicy.
  29. 29. Hostile Work EnvironmentOffensive behavior is not unlawfulunless it is pervasive.
  30. 30. Hostile Work EnvironmentBehavior has to be so offensive that itaffects a reasonable person’s ability towork.
  31. 31. Hostile Work EnvironmentSome courts recognize that men andwomen think differently, and somethings tend to offend many women butaren’t offensive to men.
  32. 32. Hostile Work EnvironmentTo be actionable under the law, theclaimant must prove that:
  33. 33. Hostile Work EnvironmentHe or she has been subjected tounwelcome harassment.
  34. 34. Hostile Work EnvironmentThe harassment was based on sex.
  35. 35. Hostile Work EnvironmentThe harassment was sufficiently severeor pervasive that it altered terms andconditions of claimant’s employmentand created an abusive workingenvironment.
  36. 36. Hostile Work EnvironmentTo be a violation of the law, theharassment has to be so bad that itgets in the way of a person’s ability towork.
  37. 37. Hostile Work EnvironmentSexual harassment applies equally tooffensive language, including vulgarjokes, profanity and pictures.
  38. 38. The Complaint Procedure
  39. 39. The Complaint ProcedureFollow company policy so it has anopportunity to stop the offensivebehavior.
  40. 40. The Complaint ProcedureThis includes when an employee isuncomfortable with the conduct of oneof the company’s customers or withpeople who the employee must dealwith in the workplace.
  41. 41. The Investigation
  42. 42. The InvestigationWhen the company is made aware of apotential problem, it has a duty toinvestigate it.
  43. 43. The InvestigationWhen an employee reasonably believesthe policy is being violated andinitiates the complaint procedure,there will be no retaliation.
  44. 44. The InvestigationA formal, written complaint does notneed to be made to initiate aninvestigation.
  45. 45. The InvestigationWhen your company is on notice ofconcern, action will be taken.
  46. 46. The InvestigationWhat the supervisor knows, thecompany knows.
  47. 47. The InvestigationCompanies treat hostile environmentclaims as a serious matter.
  48. 48. The InvestigationEmployers are charged withinvestigating complaints and, whereappropriate, taking prompt andeffective remedial action.
  49. 49. The InvestigationIf a complaint is received,management will conduct a thoroughand impartial investigation.
  50. 50. Effective Remedial ActionIf your company policy was violated,the company will take prompt andeffective remedial action.
  51. 51. ConfidentialityBy law, it is not required to make thecorrective action known to theemployee making the complaint.
  52. 52. ConfidentialityJust because it’s not publicized doesn’tmean the alleged harasser was notpunished.
  53. 53. Prevention
  54. 54. PreventionCommunication and using goodjudgment is the key to creating arespectful workplace in whicheveryone feels comfortable.
  55. 55. PreventionBe sensitive to whether your conductis welcome or not.
  56. 56. PreventionIf someone says they’re offended, thenapologize.
  57. 57. PreventionIf someone does apologize, you shouldtry your best to forgive them.
  58. 58. Preventing Sexual Harassment