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Preventing Sexual   Harassment
Legal Overview
Legal OverviewThe same principles apply to sexualharassment as to harassment on the basisof race, color, religion, nationa...
EEOC’s Definition• Unwelcome sexual advances,  requests for sexual favors and other  verbal or physical conduct of a  sexu...
EEOC’s Definition• Submission or rejection of sexual  advances used as a basis for  employment decisions
EEOC’s Definition• Victim and harasser may be a woman  or a man
EEOC’s Definition• Victim and harasser may be a woman  or a man• Harasser can be the victim’s  supervisor, co-worker or no...
EEOC’s Definition• Victim doesn’t have to be the  person harassed
EEOC’s Definition• Victim doesn’t have to be the  person harassed• Unlawful sexual harassment may  occur without economic ...
EEOC’s Definition• Victim doesn’t have to be the  person harassed• Unlawful sexual harassment may  occur without economic ...
Prohibited Conduct• Unwanted sexual advances
Prohibited Conduct• Unwanted sexual advances• Demands for sexual favors
Prohibited Conduct• Unwanted sexual advances• Demands for sexual favors• Unwanted sexually oriented jokes  or remarks
Prohibited Conduct• Verbal abuse of a sexual nature
Prohibited Conduct• Verbal abuse of a sexual nature• Graphic verbal commentary
Prohibited Conduct• Verbal abuse of a sexual nature• Graphic verbal commentary• Display of sexually suggestive  objects, p...
Prohibited Conduct• Coerced sexual act or assault
Prohibited Conduct• Coerced sexual act or assault• Physical contact of a sexual nature
Prohibited Conduct• Coerced sexual act or assault• Physical contact of a sexual nature• Leering, whistling or gestures of ...
Legal OverviewCommenting on the fact a person looksnice isn’t sexual harassment. However, itis if comments are frequent an...
Hostile WorkEnvironment
Hostile Work EnvironmentIf you’re being made uncomfortable inyour work environment, or someone’sconduct is unwelcome, revi...
Hostile Work EnvironmentContact your human resourcesdepartment if you’re feelinguncomfortable or threatened.
Hostile Work EnvironmentTo be hostile, the work environmentneeds to be so offensive that it affects areasonable person’s a...
Hostile Work EnvironmentClaimant must prove he or she has beensubjected to unwelcome harassment.
Hostile Work EnvironmentClaimant must prove the harassmentwas based on sex.
Hostile Work EnvironmentClaimant must prove the harassmentwas sufficiently severe or pervasive.
Hostile Work EnvironmentTo be a violation of the law, theharassment has to be so bad that it getsin the way of a person’s ...
Hostile Work EnvironmentSexual harassment case law requires thevictim be subjected to continued, explicitpropositions or o...
Hostile Work EnvironmentThe conduct must be sexual in nature.
Hostile Work EnvironmentAn employer may be liable for sexualharassment committed by a supervisoror co-worker of the same s...
Hostile Work EnvironmentConsensual relationships betweensupervisors and employees are not illegal,but may constitute poor ...
Hostile Work EnvironmentWhat was once welcome canbecome unwelcome.
Steps to Take If Harassed
Steps to Take1. Say no clearly.
Steps to Take1. Say no clearly.2. Document the harassment.
Steps to Take1. Say no clearly.2. Document the harassment.3. Get emotional support.
Steps to Take1. Say no clearly.2. Document the harassment.3. Get emotional support.4. Document your work.
Steps to Take5. Look for witnesses and other victims.
Steps to Take5. Look for witnesses and other victims.6. Explore company policy.
Steps to Take5. Look for witnesses and other victims.6. Explore company policy.7. File a complaint.
The Complaint  Procedure
Complaint ProcedureThe complaint procedure gives theemployer the opportunity toinvestigate and resolve the matterbefore it...
Complaint ProcedureFailure to utilize the complaintprocedure may be used as evidence thealleged incidents didn’t occur and...
Complaint ProcedureYour company’s harassment policytells you to whom a claim should bereported and an alternate ifcircumst...
Complaint ProcedureManagement will conduct athorough investigation after thecomplaint is received.
Complaint ProcedureThe victim should directly inform theharasser that the conduct isunwelcome and must stop.
Complaint ProcedureThe company is on notice once anemployee lodges a complaint and hasan opportunity to stop it.
The Investigation
InvestigationThe EEOC looks at the wholerecord when investigating sexualharassment allegations.
InvestigationWhat the supervisor knows, thecompany knows.
InvestigationEmployers are charged withinvestigating complaints and takingprompt and effective remedial action.
InvestigationCorrective action needs to be confidential.
Effective Remedial Action
Effective Remedial Action• Severity of conduct
Effective Remedial Action• Severity of conduct• Amount of proof obtained
Effective Remedial Action• Severity of conduct• Amount of proof obtained• Whether conduct is a first offense
Effective Remedial Action•   Severity of conduct•   Amount of proof obtained•   Whether conduct is a first offense•   Coop...
Discipline• Nondisciplinary counseling
Discipline• Nondisciplinary counseling• An oral or written reprimand
Discipline• Nondisciplinary counseling• An oral or written reprimand• Probation or suspension without pay
Discipline•   Nondisciplinary counseling•   An oral or written reprimand•   Probation or suspension without pay•   Transfe...
Discipline•   Nondisciplinary counseling•   An oral or written reprimand•   Probation or suspension without pay•   Transfe...
Inconclusive Investigation• Advising both parties of the results
Inconclusive Investigation• Advising both parties of the results• Warning the alleged harasser  against reprisal
Inconclusive Investigation• Advising both parties of the results• Warning the alleged harasser  against reprisal• Conducti...
Inconclusive Investigation• Advising both parties of the results• Warning the alleged harasser  against reprisal• Conducti...
Prevention
PreventionReview your company’s writtenharassment policy.
“Golden Rule”Treat people the way you want tobe treated.
“Platinum Rule”Treat people the way they want tobe treated.
PreventionIf someone says they’reoffended, apologize.
PreventionIf someone apologizes, forgivehim or her.
PreventionCommunication is the key to creatinga respectful workplace.
Preventing Sexual   Harassment
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Transcript of "Workplace environment preventing_sexual_harassment_(presentation_style)"

  1. 1. Preventing Sexual Harassment
  2. 2. Legal Overview
  3. 3. Legal OverviewThe same principles apply to sexualharassment as to harassment on the basisof race, color, religion, national origin orother protected characteristics.
  4. 4. EEOC’s Definition• Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature
  5. 5. EEOC’s Definition• Submission or rejection of sexual advances used as a basis for employment decisions
  6. 6. EEOC’s Definition• Victim and harasser may be a woman or a man
  7. 7. EEOC’s Definition• Victim and harasser may be a woman or a man• Harasser can be the victim’s supervisor, co-worker or nonemployee
  8. 8. EEOC’s Definition• Victim doesn’t have to be the person harassed
  9. 9. EEOC’s Definition• Victim doesn’t have to be the person harassed• Unlawful sexual harassment may occur without economic injury
  10. 10. EEOC’s Definition• Victim doesn’t have to be the person harassed• Unlawful sexual harassment may occur without economic injury• Harasser’s conduct is unwelcome
  11. 11. Prohibited Conduct• Unwanted sexual advances
  12. 12. Prohibited Conduct• Unwanted sexual advances• Demands for sexual favors
  13. 13. Prohibited Conduct• Unwanted sexual advances• Demands for sexual favors• Unwanted sexually oriented jokes or remarks
  14. 14. Prohibited Conduct• Verbal abuse of a sexual nature
  15. 15. Prohibited Conduct• Verbal abuse of a sexual nature• Graphic verbal commentary
  16. 16. Prohibited Conduct• Verbal abuse of a sexual nature• Graphic verbal commentary• Display of sexually suggestive objects, pictures, posters or reading material
  17. 17. Prohibited Conduct• Coerced sexual act or assault
  18. 18. Prohibited Conduct• Coerced sexual act or assault• Physical contact of a sexual nature
  19. 19. Prohibited Conduct• Coerced sexual act or assault• Physical contact of a sexual nature• Leering, whistling or gestures of a sexual nature
  20. 20. Legal OverviewCommenting on the fact a person looksnice isn’t sexual harassment. However, itis if comments are frequent and make youfeel uncomfortable.
  21. 21. Hostile WorkEnvironment
  22. 22. Hostile Work EnvironmentIf you’re being made uncomfortable inyour work environment, or someone’sconduct is unwelcome, review yourcompany policy.
  23. 23. Hostile Work EnvironmentContact your human resourcesdepartment if you’re feelinguncomfortable or threatened.
  24. 24. Hostile Work EnvironmentTo be hostile, the work environmentneeds to be so offensive that it affects areasonable person’s ability to work.
  25. 25. Hostile Work EnvironmentClaimant must prove he or she has beensubjected to unwelcome harassment.
  26. 26. Hostile Work EnvironmentClaimant must prove the harassmentwas based on sex.
  27. 27. Hostile Work EnvironmentClaimant must prove the harassmentwas sufficiently severe or pervasive.
  28. 28. Hostile Work EnvironmentTo be a violation of the law, theharassment has to be so bad that it getsin the way of a person’s ability to work.
  29. 29. Hostile Work EnvironmentSexual harassment case law requires thevictim be subjected to continued, explicitpropositions or offensive touching.
  30. 30. Hostile Work EnvironmentThe conduct must be sexual in nature.
  31. 31. Hostile Work EnvironmentAn employer may be liable for sexualharassment committed by a supervisoror co-worker of the same sex.
  32. 32. Hostile Work EnvironmentConsensual relationships betweensupervisors and employees are not illegal,but may constitute poor judgment.
  33. 33. Hostile Work EnvironmentWhat was once welcome canbecome unwelcome.
  34. 34. Steps to Take If Harassed
  35. 35. Steps to Take1. Say no clearly.
  36. 36. Steps to Take1. Say no clearly.2. Document the harassment.
  37. 37. Steps to Take1. Say no clearly.2. Document the harassment.3. Get emotional support.
  38. 38. Steps to Take1. Say no clearly.2. Document the harassment.3. Get emotional support.4. Document your work.
  39. 39. Steps to Take5. Look for witnesses and other victims.
  40. 40. Steps to Take5. Look for witnesses and other victims.6. Explore company policy.
  41. 41. Steps to Take5. Look for witnesses and other victims.6. Explore company policy.7. File a complaint.
  42. 42. The Complaint Procedure
  43. 43. Complaint ProcedureThe complaint procedure gives theemployer the opportunity toinvestigate and resolve the matterbefore it elevates to a legal matter.
  44. 44. Complaint ProcedureFailure to utilize the complaintprocedure may be used as evidence thealleged incidents didn’t occur and canrelieve your employer of liability.
  45. 45. Complaint ProcedureYour company’s harassment policytells you to whom a claim should bereported and an alternate ifcircumstances warrant it.
  46. 46. Complaint ProcedureManagement will conduct athorough investigation after thecomplaint is received.
  47. 47. Complaint ProcedureThe victim should directly inform theharasser that the conduct isunwelcome and must stop.
  48. 48. Complaint ProcedureThe company is on notice once anemployee lodges a complaint and hasan opportunity to stop it.
  49. 49. The Investigation
  50. 50. InvestigationThe EEOC looks at the wholerecord when investigating sexualharassment allegations.
  51. 51. InvestigationWhat the supervisor knows, thecompany knows.
  52. 52. InvestigationEmployers are charged withinvestigating complaints and takingprompt and effective remedial action.
  53. 53. InvestigationCorrective action needs to be confidential.
  54. 54. Effective Remedial Action
  55. 55. Effective Remedial Action• Severity of conduct
  56. 56. Effective Remedial Action• Severity of conduct• Amount of proof obtained
  57. 57. Effective Remedial Action• Severity of conduct• Amount of proof obtained• Whether conduct is a first offense
  58. 58. Effective Remedial Action• Severity of conduct• Amount of proof obtained• Whether conduct is a first offense• Cooperation of harasser
  59. 59. Discipline• Nondisciplinary counseling
  60. 60. Discipline• Nondisciplinary counseling• An oral or written reprimand
  61. 61. Discipline• Nondisciplinary counseling• An oral or written reprimand• Probation or suspension without pay
  62. 62. Discipline• Nondisciplinary counseling• An oral or written reprimand• Probation or suspension without pay• Transfer or demotion
  63. 63. Discipline• Nondisciplinary counseling• An oral or written reprimand• Probation or suspension without pay• Transfer or demotion• Discharge if sufficiently egregious
  64. 64. Inconclusive Investigation• Advising both parties of the results
  65. 65. Inconclusive Investigation• Advising both parties of the results• Warning the alleged harasser against reprisal
  66. 66. Inconclusive Investigation• Advising both parties of the results• Warning the alleged harasser against reprisal• Conducting a follow-up
  67. 67. Inconclusive Investigation• Advising both parties of the results• Warning the alleged harasser against reprisal• Conducting a follow-up• Documenting events
  68. 68. Prevention
  69. 69. PreventionReview your company’s writtenharassment policy.
  70. 70. “Golden Rule”Treat people the way you want tobe treated.
  71. 71. “Platinum Rule”Treat people the way they want tobe treated.
  72. 72. PreventionIf someone says they’reoffended, apologize.
  73. 73. PreventionIf someone apologizes, forgivehim or her.
  74. 74. PreventionCommunication is the key to creatinga respectful workplace.
  75. 75. Preventing Sexual Harassment
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