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Christina conducts a mock sexual harassment training to demonstrate some of the tricky issues with this sensitive topic.

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  1. 1. Sexual HarassmentMock TrainingChristina M. JepsonApril 9, 2013Salt Lake City25th ANNUAL EMPLOYMENT LAW
  2. 2.  You all work for Happy Cats Manufacturing You manufacture forklifts Your employees include corporate staff,salespersons, and manufacturingemployees – mix of employees You have had some complaints aboutdiscrimination recently – sex and race There are some cultural issues that need tochangeMock Training2
  3. 3.  You are all in “management,” butmanagement includes people from themanufacturing side who are not used to a“corporate” type environment – they are usedto some course language and behavior I have been called in as an outside attorneyto train management on discrimination andharassment We have some moles in the audienceMock Training3
  4. 4.  We will stay in role and run like a normaltraining Please ask questions and stay in character I will try to demonstrate “good” training Here we go!Mock Training4
  5. 5.  Welcome! Today we are going to talk about employmentdiscrimination and sexual harassment anddiscrimination in particular Let’s make this an interactive discussion Who made a joke about the training on theway over?Employment Discrimination5
  6. 6.  What is employment discrimination – treatingpeople differently because they fall in acertain class– Protected classes of workers under Title VII ofthe Civil Rights Act of 1964– The Americans with Disabilities Act (disability)– The Age Discrimination in Employment Act– Other federal laws (veteran status)– State anti-discrimination lawsEmployment Discrimination6
  7. 7.  Race, color, and national origin Religion – unique in Utah Sex/gender, pregnancy, and childbirth Sexual orientation, sexual identity, and transgenderstatus – talk to HR Age (over 40) Disability – can’t discriminate (accommodation alsoapplies – talk to HR) Veteran status Affirmative action (government contractor)Protected Categories7
  8. 8.  Treating anyone differently in their jobbecause they are in a protected class:– Hiring/Firing– Compensation/Benefits– Terms and conditions of employment– Privileges– Retaliating if someone makes a complaintWhat is Discrimination?8
  9. 9.  Harassment is also a form ofemployment discrimination Harassment is creating an unwelcome hostilework environment for someone in a protectedclasses We focus on sexual harassment, but itapplies to all protected classesHarassment9
  10. 10.  What is a hostile work environment?Hostile Work Environment10
  11. 11.  Harassment includes a hostile work environment– Conduct that creates an intimidating, offensive orhostile work environment or interferences with workperformance due to a protected class like sex, race,age, etc.– Things people say – disparaging– Things you show – posters, photos, cartoons– Things you do – unwanted touching– Threatening a job – victim has to submit toconduct to keep job or get benefitHostile Work Environment11
  12. 12.  Hostile work environment– Can be created by managers, employees,customers or vendors– Company condones it if the company doesnot stop it – you play a critical role in that– Harasser and victim can be of the same groupHostile Work Environment12
  13. 13. Harassment Is Unwelcome Unwelcome – employee did not solicit orinvite it, and the employee regards theconduct as undesirable or offensive Objectively undesirable or offensive What would a jury think?13
  14. 14.  Quid pro quo– Submission to sexually harassing conduct asa term of condition for employment– Submission to or rejection of such conduct asused as the basis for employment decisionIf you do something for me, I’ll do somethingfor youSexual Harassment14
  15. 15.  Quid pro quo examples– Promise of a raise for sexual favors– Can even come up in a “consensual”relationship– Poor performance evaluation resulting indecreased bonus or raise for reluctance toprovide sexual favors, date, submit to sexualconductSexual Harassment – Examples15
  16. 16. Sexual Harassment – Examples Behaviors that constitute sexual harassment– Sexual remarks– Suggestive looks– Kissing, panting or sexual sounds– Deliberate touching16
  17. 17. Sexual Harassment – Examples Behaviors that constitute sexual harassment– Pressure for dates– Pressure for sexual favors17
  18. 18.  Behaviors that create a hostile environment– Cartoons or posters of a sexual nature– Pictures and jokes on computer, email– Vulgar or lewd conduct– Sexist remarks– Demeaning gender references (“bitches,”“sluts,” etc.)Sexual Harassment – Examples18
  19. 19.  What you just learned about hostileenvironments based on sex is also applicableto hostile environments based on otherprotected classes: race, color, national origin,religion, age, disability, veteran status, etc. Examples?All Protected Classes19
  20. 20.  Managers must take steps to prevent suchharassment and promptly handle employeecomplaints about it If you receive a complaint (formal orinformal), witness inappropriate behavior,hear about inappropriate behavior, or suspectinappropriate behavior, you must contactHuman Resources immediatelyYour Role20
  21. 21. Your Role Managers must– Be good role models– Take steps to stop harassment– Document incidents with the assistance of HR– Report incidents to HR immediately– Do not conduct investigations unlessauthorized to do so21
  22. 22. Dealing with Harassment Claims Courts look at how a company addressesissues If a supervisor or manager is aware ofharassment by others and does nothing ordoesn’t do enough, Happy Cats will be liablefor the harassment22
  23. 23. Consequences If you do not report it, Happy Cats canget sued You may get sued The company may lose the lawsuit Morale is damaged The company’s reputation is damaged Work suffers This is serious23
  24. 24.  Take every complaint seriously View complaint broadly Contact HR HR will investigate Do not ignore!Dealing with Complaints24
  25. 25. Dealing with Harassment Claims If supervisor or manager participates inharassment, company will be liable forharassment unless:1) company took reasonable steps to preventand correct harassment and2) victim unreasonably failed to complainabout the harassment or otherwise failedto prevent harm25
  26. 26.  Employers take necessary steps to preventharassment– Adopt a no-tolerance policy– Develop appropriate sanctions– Inform employees of their rights andresponsibilities– Develop methods to sensitize allPreventing Unlawful Harassment26
  27. 27.  Preventive program should include:– Proper policy– Proper training– Proper investigation– Proper corrective action– Proper auditingPreventing Unlawful Harassment27
  28. 28. Questions?Conclusion28
  29. 29.  Christina M. Jepsondirect: (801) 536.6820cell: (801) 209.7805email: cjepson@parsonsbehle.comThank You29