1. Preventing Sexual
Harassment

2. Legal Overview

3. Legal Overview
The same principles apply to sexual
harassment as to harassment on the basis
of race, color, religion, national origin or
other protected characteristics.

4. EEOC’s Definition
• Unwelcome sexual advances,
requests for sexual favors and other
verbal or physical conduct of a
sexual nature

5. EEOC’s Definition
• Submission or rejection of sexual
advances used as a basis for
employment decisions

6. EEOC’s Definition
• Victim and harasser may be a woman
or a man

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. EEOC’s Definition
• Victim doesn’t have to be the
person harassed

9. EEOC’s Definition
• Victim doesn’t have to be the
person harassed
• Unlawful sexual harassment may
occur without economic injury

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. Prohibited Conduct
• Unwanted sexual advances

12. Prohibited Conduct
• Unwanted sexual advances
• Demands for sexual favors

13. Prohibited Conduct
• Unwanted sexual advances
• Demands for sexual favors
• Unwanted sexually oriented jokes
or remarks

14. Prohibited Conduct
• Verbal abuse of a sexual nature

15. Prohibited Conduct
• Verbal abuse of a sexual nature
• Graphic verbal commentary

16. Prohibited Conduct
• Verbal abuse of a sexual nature
• Graphic verbal commentary
• Display of sexually suggestive
objects, pictures, posters or
reading material

17. Prohibited Conduct
• Coerced sexual act or assault

18. Prohibited Conduct
• Coerced sexual act or assault
• Physical contact of a sexual nature

19. Prohibited Conduct
• Coerced sexual act or assault
• Physical contact of a sexual nature
• Leering, whistling or gestures of a
sexual nature

20. Legal Overview
Commenting on the fact a person looks
nice isn’t sexual harassment. However, it
is if comments are frequent and make you
feel uncomfortable.

21. Hostile Work
Environment

22. Hostile Work Environment
If you’re being made uncomfortable in
your work environment, or someone’s
conduct is unwelcome, review your
company policy.

23. Hostile Work Environment
Contact your human resources
department if you’re feeling
uncomfortable or threatened.

24. Hostile Work Environment
To be hostile, the work environment
needs to be so offensive that it affects a
reasonable person’s ability to work.

25. Hostile Work Environment
Claimant must prove he or she has been
subjected to unwelcome harassment.

26. Hostile Work Environment
Claimant must prove the harassment
was based on sex.

27. Hostile Work Environment
Claimant must prove the harassment
was sufficiently severe or pervasive.

28. Hostile Work Environment
To be a violation of the law, the
harassment has to be so bad that it gets
in the way of a person’s ability to work.

29. Hostile Work Environment
Sexual harassment case law requires the
victim be subjected to continued, explicit
propositions or offensive touching.

30. Hostile Work Environment
The conduct must be sexual in nature.

31. Hostile Work Environment
An employer may be liable for sexual
harassment committed by a supervisor
or co-worker of the same sex.

32. Hostile Work Environment
Consensual relationships between
supervisors and employees are not illegal,
but may constitute poor judgment.

33. Hostile Work Environment
What was once welcome can
become unwelcome.

34. Steps to Take If Harassed

35. Steps to Take
1. Say no clearly.

36. Steps to Take
1. Say no clearly.
2. Document the harassment.

37. Steps to Take
1. Say no clearly.
2. Document the harassment.
3. Get emotional support.

38. Steps to Take
1. Say no clearly.
2. Document the harassment.
3. Get emotional support.
4. Document your work.

39. Steps to Take
5. Look for witnesses and other victims.

40. Steps to Take
5. Look for witnesses and other victims.
6. Explore company policy.

41. Steps to Take
5. Look for witnesses and other victims.
6. Explore company policy.
7. File a complaint.

42. The Complaint
Procedure

43. Complaint Procedure
The complaint procedure gives the
employer the opportunity to
investigate and resolve the matter
before it elevates to a legal matter.

44. Complaint Procedure
Failure to utilize the complaint
procedure may be used as evidence the
alleged incidents didn’t occur and can
relieve your employer of liability.

45. Complaint Procedure
Your company’s harassment policy
tells you to whom a claim should be
reported and an alternate if
circumstances warrant it.

46. Complaint Procedure
Management will conduct a
thorough investigation after the
complaint is received.

47. Complaint Procedure
The victim should directly inform the
harasser that the conduct is
unwelcome and must stop.

48. Complaint Procedure
The company is on notice once an
employee lodges a complaint and has
an opportunity to stop it.

49. The Investigation

50. Investigation
The EEOC looks at the whole
record when investigating sexual
harassment allegations.

51. Investigation
What the supervisor knows, the
company knows.

52. Investigation
Employers are charged with
investigating complaints and taking
prompt and effective remedial action.

53. Investigation
Corrective action needs to be confidential.

54. Effective Remedial Action

55. Effective Remedial Action
• Severity of conduct

56. Effective Remedial Action
• Severity of conduct
• Amount of proof obtained

57. Effective Remedial Action
• Severity of conduct
• Amount of proof obtained
• Whether conduct is a first offense

58. Effective Remedial Action
• Severity of conduct
• Amount of proof obtained
• Whether conduct is a first offense
• Cooperation of harasser

59. Discipline
• Nondisciplinary counseling

60. Discipline
• Nondisciplinary counseling
• An oral or written reprimand

61. Discipline
• Nondisciplinary counseling
• An oral or written reprimand
• Probation or suspension without pay

62. Discipline
• Nondisciplinary counseling
• An oral or written reprimand
• Probation or suspension without pay
• Transfer or demotion

63. Discipline
• Nondisciplinary counseling
• An oral or written reprimand
• Probation or suspension without pay
• Transfer or demotion
• Discharge if sufficiently egregious

64. Inconclusive Investigation
• Advising both parties of the results

65. Inconclusive Investigation
• Advising both parties of the results
• Warning the alleged harasser
against reprisal

66. Inconclusive Investigation
• Advising both parties of the results
• Warning the alleged harasser
against reprisal
• Conducting a follow-up

67. Inconclusive Investigation
• Advising both parties of the results
• Warning the alleged harasser
against reprisal
• Conducting a follow-up
• Documenting events

68. Prevention

69. Prevention
Review your company’s written
harassment policy.

70. “Golden Rule”
Treat people the way you want to
be treated.

71. “Platinum Rule”
Treat people the way they want to
be treated.

72. Prevention
If someone says they’re
offended, apologize.

73. Prevention
If someone apologizes, forgive
him or her.

74. Prevention
Communication is the key to creating
a respectful workplace.

75. Preventing Sexual
Harassment