In this presentation, Partner Julie Davis of James E. Arnold & Associates, LPA defines sexual harassment at work, talks about how to prevent sexual harassment, and what you can do if you want to report assault or harassment.

1. Prevent and Report Sexual Assault
and Sexual Harassment at Work
© 2017
Julie Davis
614-410-0032
jdavis@arnlaw.com
James E. Arnold & Associates
115 W. Main Street, Ste 400
Columbus, Ohio 43215

2. Overview of this Training
• What is sexual assault and harassment at work
• Basic rules for how we can prevent sexual
assault and harassment
• Who can you talk to if you want to report
assault or harassment, or if you’re concerned
about how others are being treated?
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3. Harassment is Illegal
• Harassment is illegal if it’s based on race, sex,
gender, disability, age, national origin, religion,
or other factors protected by law.
• We tend to talk about “sexual harassment” in
particular as being illegal – but all forms of
harassment are illegal when they are based on
or related to a person’s “protected class
status.”
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4. Protected Class Categories
Under Federal and State Law
• Age (over 40)
• Religion (any religion)
• Race (any race)
• Sex (any gender)
• Sexual orientation
• National Origin (any country)
• Disability (both physical and mental disabilities)
• Pregnancy
• Military status
• So: who in this room is NOT in a protected class?
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5. Our Policy Won’t Allow Sexual
Harassment or Sexual Assault
• Everyone here should not illegally harass or assault anyone or
experience that
• Customers too, they are not allowed to sexually harass or assault our
employees
• We need your help in preventing and reporting harassment or assault
if you think it is happening
• If you or a customer violates our policy we will take action to stop it
• This includes termination of employment or asking the customer to
leave
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6. Illegal Harassment
• Illegal harassment means to be treated by co-
workers or supervisors in an abusive or
unsafe way because of one’s protected class
status
• Examples of illegal harassment: Harassing
comments about a person’s race, or religion;
mistreating someone because of her disability
or her gender
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7. Illegal Sexual Harassment and Assault
• We focus on Sexual Harassment and Assault
because it happens a lot in our industry and needs
to stop
• Behaviors that may be OK in someone’s personal
life get them in trouble, or even fired, at work
• Sexual Assault is against the law wherever it
happens
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8. Definition of Sexual Harassment
Sexual Harassment is making unwelcome sexual advances or
requests for sexual favors or any unwelcome conduct of a sexual
nature when:
– Someone tries to trade sex for work - “you have to or you won’t be
hired” or “you’ll be fired”
or
– Someone tries to make sex the basis for decisions about the
employee’s job (e.g. wages or shifts or promotion)
or
– It substantially interferes with an employee’s work performance or
creates an intimidating, hostile or offensive work environment
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9. Examples of Sexual Harassment
• Sexual passes or come-ons for sexual involvement
• Touching another employee in a sexual or romantic way
• Derogatory sexual labels
• Showing/Sending/Posting sexual pictures or statements so that employees see them
– digital or non-digital
• Sexual or dirty jokes or talk
• Talking about sex or touching yourself sexually in front of other employees
• Sexual gestures
• What examples can you think of, let’s talk about them
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10. It Has to Be Unwelcome
• It is not illegal or against our policy if it is TRULY welcome by the
employee
• Employees might share sexual jokes and it is clear it is not offending the
other person
• If someone tells you to stop or that you are offending them you stop
• We don’t want sexual touching happening at work even if it is welcome
• Sexual Assault is NEVER WELCOME
• If it isn’t clear if something violates our policy ask us about it, we will give
you the answer
• What examples of unwelcome conduct can you think of, let’s talk about
them
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11. Examples of Sexual Assault that
Violate our Policy
• Sexual acts not consented to involving forceful physical
contact
• Intentional sexual groping, grabbing, pinching, touching of
body or private parts without the person’s consent
• This includes pressing up against someone in a sexual way,
kissing or trying to get them to kiss you
• This includes taking a friendly hug and turning it into
something sexual
• What examples can you think of, let’s talk about them
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12. Sliding Scale – Stay out of The Red Zone
One
Joke
One
assault
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13. Who can Violate the Policy
• Any person, regardless of gender
• Can be a supervisor, a co-worker, a customer, an owner, a
vendor
• Can be someone important, long-term employee, someone new
– it can be anyone
• Can offend or create a hostile environment for others by things
being said or done with friends
• You can violate the policy even if you don’t intend to, if it
harasses or humiliates someone
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14. How to Respond to and Report
Sexual Harassment
• Try to clearly tell the person to stop, that it is unwanted and offends you
• If you don’t feel comfortable talking directly to the harasser, tell the
manager or the highest level person you need to about the harassment
• If it involves any kind of touching, or if you said stop and it didn’t stop, tell
the manager or the highest level person you need to
• Anything involving inappropriate touching or anything severe or persistent
should be reported
• Report sexual harassment or assault if you think it is happening to someone
else
• What you report will be investigated and action will be taken to enforce
the policy against harassment
• If you aren’t sure if something is a policy violation just ask, we will help
anyone who needs guidance
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15. How to Respond to Attempted or
Actual Sexual Assault
• Immediately tell the manager or the highest level
person you need to about what happened
• Keep all evidence of what happened and give that
with your report
• Tell the person you report it to who is involved and
who knows about it in any way
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16. What can Happen if You Commit
Sexual Harassment or Assault
• Verbal or written warning
• Demotion/lower wages
• Suspension
• Termination of your employment
• You might get sued or criminally charged for your
conduct
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17. Retaliation is Also Prohibited
• If the complaint is about a possible legal violation, retaliation against
someone for complaining is also illegal
• You will not be retaliated against for reporting potential violations of the
policy to us
• You don’t have to be right or wrong, you just have to complain in good faith.
Never lie or make a bad faith, malicious complaint against someone
• For example:
– Illegal retaliation: firing an employee because she complained about
sexual harassment directed toward her
– Illegal retaliation: refusing to promote an employee because he
complained about a co-worker’s plan to engage in sexual assault
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18. Customers Should Not Sexually
Harass or Assault our Employees
• Customers who violate the policy should be told to stop or
they will be asked to leave
• Ask for help right away from a manager or the highest level
person needed to deal with a customer who continues to
sexually harass an employee
• Any customer who sexually assaults an employee will be
asked to leave, unless law enforcement needs to be
immediately called
• Management will decide if the customer needs to be
permanently banned from the premises
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19. Help Prevent and Stop Harassment
and Assault
• Make sure you are following the policy
• Talk to someone or ask for guidance if you think the
policy is being violated by an employee or customer
• Report harassment or assault or need for action
• Understand that retaliation for complaints or reports
is illegal
Help Us be Assault and Harassment-Free
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