2018 MACE Annual Conference presentation from Jean Bender of Davenport Evans. Jean is an employment lawyer who councils clients on issues involving sexual harassment, race, age, gender, national origin and disability discrimination. Her presentation touches on sexual harassment issues present in today's society.

1. HARASSMENT = RISKY BUSINESS
Jean H. Bender
Davenport, Evans, Hurwitz & Smith, L.L.P.
The contents of this presentation are not intended as legal advice. Please
consult an attorney for advice regarding your individual circumstances.
Copyright © 2018 by Davenport, Evans, Hurwitz & Smith, L.L.P. All rights reserved.

2. Alyssa Milano
@Alyssa_Milano
“If you’ve been sexually harassed or assaulted
write ‘me too’ as a reply to this tweet.”

4. Confusion

6. So…What Now?

7. It Could Never Happen Here

8. The Times They Are A-Changin’

9. Are Your Anti-Harassment Policies,
Procedures, and Training Working?

10. 1. Race
2. Color
3. National Origin
4. Religion
5. Gender/sex (including
pregnancy)
6. Sexual Orientation (??)
7. Age
8. Disability
9. Genetic Information
10. Military status
11. State Law Requirements
Protected Classes

11. Severe and Pervasive

12. Quid Pro Quo/Hostile
Work Environment

13. Faragher-Ellerth Affirmative Defense

14. Potential Problems
• Supervisor Employee
• Co-Worker Co-Worker
• Client Employee
• Vendor Employee
• Same sex Same sex

15. • Robust Anti-Harassment Policy
• Training
Prevention

16. Communicate and demonstrate organizational
commitment in policy and practice

17. What we don’t know can hurt us.
Encourage Reporting

18. Empower the Bystander

19. Responding to a Complaint
Investigation:
• Respond promptly.
• Conduct a complete and impartial investigation.
• Confidentiality not guaranteed.
• Communicate results to complaining party.
Davenport, Evans, Hurwitz & Smith, LLP Sioux Falls, SD www.dehs.com

21. Retaliation

22. Law of Unintended Consequences

23. What about Consensual Relationships?

24. What about bullying?

25. Some are saying:
“Bullying is sexual harassment of 20
years ago; everybody knows about it,
but no one wants to admit it.”

26. Bullying v. Harassment

27. Business
Impact

28. Should An Employer Adopt an
Anti-Bullying Policy?

29. Other Options
• Employee surveys
• Training supervisors
• EAP

30. Possible Legal Consequences?

31. Culture Matters

32. For more information contact:
Jean H. Bender
(605) 357-1224
jbender@dehs.com
www.dehs.com
Davenport, Evans, Hurwitz & Smith, LLP Sioux Falls, SD www.dehs.com