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  1. 1. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3779 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.   Computer Hacking Forensic Investigator (CHFI) Module XLIV: Investigating Sexual Harassment Incidents Exam 312-49
  2. 2. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3780 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  News: Women in Casual Jobs more Prone to Sexual Harassment Source: http://sify.com/ Anthony LaMontage of the Mc Caughey Centre made a study on sexual harassment. The study found that most of the women in casual and contract jobs are experiencing unwanted sexual advances 10 times than those are in permanent full-time positions. Whereas people working in full-time or casual positions are about five times likely to be subjected to unwanted sexual advances. It found that 79 percent of those facing unwanted sexual advances are women. Both men and women are facing these problems but they are the women who comprise to a large proportion. These kinds of harassments will cause mental disturbance. So, workers in unstable employment need more protection from unwanted sexual advances.
  3. 3. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3781 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  News: College Worker Alleges Sexual Harassment Source: http://www.signonsandiego.com/ A student-services assistant at Southwestern College filed a sexual harassment case against three administrators and a vice president. Martha Jimenez filed a case in San Diego Superior Court last month that she “involuntarily accepted” demands for sex from Arthur Lopez, the director of financial aid (Lopez resigned in June). According to the lawsuit, Lopez blackmailed Jimenez during the sexual encounters, by reminding her about the evaluation of her performance on job but this was totally denied by his attorney. Greg Sandoval, vice president of student affairs said that, he:  Used a picture of her in an evening gown as a screen saver  He used to take her for lunch and asked her to read the message in a fortune cookie and add the words “in bed” at the end of it  He asked her if she wanted to be flashed on the clad in a graduate's robe on his way to a commencement ceremony Jimenez previously had filed a claim with the college that was rejected. Sandoval said that the board rejected her claim after an internal investigation. Then he continuingly said, “Now that she's filed a lawsuit, a due process will kick in,” “I look forward to the outcome of the due process.” Jimenez also alleged that Fernando Poveda, director of outreach, made sexual comments to her. The lawsuit also accuses Poveda of yelling at Jimenez because he thought she was receiving preferential treatment from Lopez. Poveda has denied committing any improprieties and said that “This is absolutely untrue, and it doesn't make any sense,” and “it was her who used the sexual innuendo she accuses him of using” He even said he has been the whistle-blower and reported allegations of harassment to the college's human resource department a year ago.
  4. 4. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3782 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  News: Employee Wins Sex Harassment Case against Former Boss Source: http://www.abc.net.au/ A 21-year-old Adelaide woman accused her boss, managing director of Studio Silva Photography, Wayne Jeffrey Jaye of sexually harassing her in 2003. When the employee refused to respond to the boss’ advances, he allegedly fired her from her job. The victim filed a suit against Jaye but he ignored her complaint, and made no efforts to defend himself in court. The tribunal, however, found that he persistently harassed his female employee. The employee won the case in September 2006 and has been awarded more than $20,000 in compensation.
  5. 5. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3783 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Case Study Source: http://www.hallrender.com/ The radio dispatcher at the Arkansas State Police department accused a police sergeant of sexually harassing her. The sergeant had made derogatory comments about her physical appearance. The dispatcher reported the sergeant's behavior to the duty officer, who in turn informed a lieutenant. Investigations confirmed the allegations about the sergeant's behavior. Eventually, the sergeant was demoted and transferred.
  6. 6. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3784 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited. Module Objective This module will familiarize you with:  Sexual Harassment  Types of Sexual Harassment  Consequences of Sexual Harassment  Stalking  Responsibilities of Supervisors  Responsibilities of Employees  Investigation Process  Sexual Harassment Policy  Preventive Steps  Laws on Sexual Harassment
  7. 7. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3785 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited. Module Flow
  8. 8. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3786 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Sexual Harassment – Introduction Sexual harassment is a kind of sexual behavior that is offensive to the victim and may cause harm to the victim physically, psychologically, and materially because such behavior is against the consent of the victim. Such behavior includes unwanted sexual advances, requests for sexual favors linked to implied threats or promises about career prospects, sexual attacks, unwanted physical conduct, visual displays of degrading sexual images, and offensive remarks of a sexual nature. This is unwelcomed, unsolicited, and offensive act that creates a hostile or intimidating environment and affects an individual’s employment implicitly or explicitly. Sexual harassment occurs under the following circumstances:  Between the opposite sex or the same sex  Harasser may be a supervisor, co-worker, client, vendor, contractor, or a non-employee  It may occur when the harasser’s conduct is unwelcome  The victim can be either harassed or distressed by the offensive conduct  The incident may include a group of persons or a particular person
  9. 9. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3787 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  It may occur when a harasser uses obscene language towards a victim  It may occur when a harasser invites the victim for social activities even though the victim is not interested  It may occur when a person makes sexually offensive remarks or exhibits sexually explicit materials at the work place
  10. 10. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3788 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Types of Sexual Harassment Sexual harassment is an unwelcomed sexual advances that occur in various places (eg: public and work places) that are either verbally or physically. There are two broad classifications of sexual harassment, which are as follows: 1. Quid pro quo harassment 2. Hostile work environment harassment Quid pro quo harassment: Quid pro quo harassment is a direct form of harassment where the employee tolerates it for the benefit of, or to keep, their job. It is a defined as “a favor for a favor”; it is a give-and-take scenario where the superior takes advantage of the requirements of the victim’s employment. This type of harassment can be referred as black mailing, as denying the superior can lead to a demotion or even losing a job. Here, a benefit of the job can be any issue that is in favor of the employee, such as job security, a positive appraisal, a salary hike, or a promotion. Example: A superior promises an employee a promotion only if the employee is dating the superior. Hostile work environment harassment: A hostile work environment is an abusive environment where an employee is subjected to unwelcomed sexual advances from the personnel other than superiors,
  11. 11. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3789 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited. i.e., from co-workers. This harassment can be either verbal or physical, and can make an employee uncomfortable at the workplace, thus negativiely reflecting in the productivity of the organization. Example: A co-worker posting pictures of pornography. A few of the situations that lead to hostile work environment harassment are as follows: 1. Cracking dirty jokes or stories intentionally 2. Posting pictures of pornography via email or instant messages 3. Physical contact by touching, kissing, or hugging 4. Displaying photos, posters, or cartoons reflecting sexually suggestive themes 5. Flirting, asking for dates, commenting on physique, etc. The following are few elements that are necessary to be proven by a victim if he/she is suffering from sexual harassment:  The employee suffered/is suffering from intentional and unwanted sexual advances  The harassment has negatively affected the terms and conditions or privileges of his/her work environment  The harassment would detrimentally affect another person of the same sex  The repetition and severity of the harassment  Whether management knew about the harassment, and whether they did anything to stop it Types of sexual harassment: Verbal:  Telling obscene jokes or flirting  Using expletives towards fellow workers  Repetition of derogatory comments or slurs  Unwelcomed invitations to social activities or dates  Repeated, unwelcomed compliments with respect to personal physical appearance  Use of propositions  Use of crude or obscene language or gestures Physical:  Touching  Grabbing  Kissing  Teasing  Patting  Stroking  Repeated sexually oriented kidding  Hugging  Leering  Brushing against another’s body  Pinching
  12. 12. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3790 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Whistling  Impeding or blocking another’s movement  Physical interference with normal work movement Harassment by superiors or co-workers in public places: Most people assume that harassment with co-workers or superiors occurs only during working hours or at the work place, but much harassment does occur after working hours and in locations besides the work place.
  13. 13. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3791 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Consequences of Sexual Harassment Following are the consequences of the sexual harassment:  It may affect the victim’s work performance  It may create a hostile work environment and increases absenteeism for avoiding harassment  It may embarrass individuals who are exposed to the sexual behavior  The company or organization may suffer from low productivity and low morale among the workforce  It may lead to a loss of career, reference, or recommendations to the employee  Employees feel degraded because of constant inquiries and gossips at the workplace  It leads to job dissatisfaction and hence resignations to avoid sexual harassment  It may defame the organization; as a result, it may lose its goodwill in the market  Due to embarrassment and reluctance to bring the matter into the open, the victim may suffer from suicidal tendencies  If a lawsuit is filed against the harasser, the culprit may be subjected to the punitive action        
  14. 14. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3792 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Sexual Harassment Statistics Source: http://www.eeoc.gov/ Figure 44-1: Screenshot showing the statistics: Sexual harassment cases filed with the U.S. Equal Employment Opportunity Commission
  15. 15. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3793 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Do’s and Don’ts if Your are Being Sexually Harassed Source: http://www.sexualharassmentsupport.org/ If you have been sexually harassed, never wait for anybody to see what is actually happening or wait until the next person reads your mind and asks you what's wrong. It is necessary to take an initiative yourself. The following are the do’s and don’ts if you are being sexually harassed:  Express your views to the harasser (whether it is a superior or co-worker) directly o Tell the harasser to stop sexually related acts o Do not make excuses for the perpetrator o Do not pretend that nothing has happened o Make clear that you have the right to be free from sexual harassment o Do not get manipulated with the harasser’s tactics o Talk about the harassment o Do not be silent about the harassment because it protects the harasser  Document each and every act of harassment performed by the harasser o Document the behavior of the harasser o Write each and every instance of harassment with the time, date, and co-working witnesses o Document the negative actions against you o Document your own performance at the workplace and thus compare it with evaluated performance o Take pictures for evidence o Check if the other co-workers are experiencing the same problem  Complain to management and if the management cannot help you, lodge a complaint with the Equal Employment Opportunity Commission (EEOC)
  16. 16. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3794 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.
  17. 17. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3795 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Stalking Source: http://www.sexualharassmentsupport.org/ Stalking is a repeated, unwelcomed activity that involves gazing, following, or harassing the other person. Unlike a single act, it is a series of acts that harass the victim. Here, the perpetrator gains information about the victim through unwelcomed resources. In many of the cases, the perpetrator is driven to want to force the victim to have a relationship with him/her. The stalker can be a former significant other or intimate, family member, workplace contact, friend, stranger, or any other acquaintance. Depending upon the behavior of a stalker, they are classified as follows:  Rejected stalker: A rejected stalker may be a person who is the former partner or ex-friend of the victim. They stalk the victim due to their possessiveness towards their former partner when the relationship was ended by the victim. The various acts that a rejected stalker can perform are as follows: 1. He/she tries to take revenge 2. He/she may get jealous when the victim enters a new relationship and may try to harm him/her  Resentful stalker: A resentful stalker is a person who wants to take revenge on the victim. Mostly, the intention of these stalkers is to frighten the victim; they are considered harmful stalkers as they could go to any extent for taking revenge.  Predatory stalker: A predatory stalker is a person who wants to physically or sexually attack the victim. This type of stalking is the least common, but these predators are harmful. Though they do not come in direct contact with the victim, they reach them through electronic media, phone calls, etc. with abusing language that a victim cannot handle. They even perform voyeurism, fetishism, sadism, etc. The victim may be a known person or a complete stranger.  Intimacy seeker: An intimacy seeker seeks to establish an intimate relationship with the victim. They believe that the victim is the right person for him/her and even may think that he/she is in love with the victim. Though they get a negative response from the victim, they try to impress the victim through messages, letters, phone calls, and gifts.  Incompetent suitor: An incompetent suitor is a suitor who desires a physical or intimate relationship with the victim. This type of stalker asks for dates, calls, or messages the victim despite being rejected. They are not harmful and can quit stalking if threatened or a legal action is taken against them. They stalk the victim for a short period of time when compared to other types of stalkers. For them, it is just fun and it is likely that they have stalked many of others in the past and would stalk more in the future.  Erotomaniac and morbidly infatuated: An erotomaniac and morbidly infatuated stalker is a stalker who believes that the victim is in love with him/her though he/she had not made any statement. The stalker, due to mental illnesses such as acute paranoia and delusions, imagines romance with the victim and expects the same from him/her. This type of stalker can be stopped through psychological treatment with drugs and talk therapy.  Cyber stalker: A cyber stalker extends physical stalking and tries to stalk the victim via electronic media such as the Internet and computer spyware. They may expose or mask their identity to gain the confidence of the victim, then they try to get information, such as contact details of the victim.
  18. 18. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3796 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Stalking Behaviors Source: http://www.sexualharassmentsupport.org/ Stalking is an obsessive, repeated, and unwelcomed activity which harasses a victim. A stalker is a person who has characteristics such as jealousy, narcissism, feelings of humiliation, dependence, paranoia, sexual deviance, shyness, isolation, and poor social skills/social networks. The various stalking behaviors that can be attempted by a stalker are as follows:  Unwelcomed phone calls  Sending messages such as text messages and SMS, email, or personal letters  Threatening the victim in order to gain attention  Using electronic media to harass the victim; as also known as cyber stalking  Sending romantic or sexually related gifts to the victim  Multiple perpetrators’ involvement (gang stalking)  Forcing the victim via threatening  Insulting the victim
  19. 19. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3797 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Stalking Effects A victim faces many problems due to stalking, which can affect every part of their daily routine. One finds it hard to perform their daily activities due to irritation and frustration caused by stalking. The various stalking effects that a victim experiences are as follows:  Increased absenteeism from work: If the stalker is a co-worker or a superior, the victim may be frequently absent from work so as to avoid stalking  Declined performance: Due to tension, irritation, and frustration, the victim may lose concentration at work and the victim’s performance then declines  Humiliated and becoming a part of gossip: Aspects of stalking that are confronted by superiors or co-workers may become a part of workplace gossip, which humiliates the victim  Loss of job, references, or career: Due to humiliation, a victim may resign from an organization and may find it hard to get a reference, thus possibily losing their career  Forced relocation: Defamed character forces the victim to relocate to keep themselves away from stalkers
  20. 20. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3798 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Loss of trust: Loss of trust in co-workers and their supporting network occurs due to harassment; this results in a loss in confidence, motivation, and trust in people  Depression, panic, headaches, sleeplessness, and anger: These are the physical effects that a victim undergoes Stalking Survey: “Stalking help,” a stalking victims resource organization based at the University of Texas, reports some effects of stalking:  93% of stalking victims have negative impact on their personal relationships  71% of victims have conflicts with their current partners  63% of victims reported that they have conflicts with friends due to stalkers  38% of stalking victims say that their work or school’s performance is declining
  21. 21. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3799 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Guidelines for Stalking Victims Stalking is a crime and victims are supported by laws to prevent these types of acts. To get full support, one needs to be aware of few things that help these victims. The guidelines for stalking victims are as follows:  Use a private post office box to keep residential address confidential  Obtain phone numbers that are not published  For privacy, do not print their phone numbers on checks  Never use a phone number in email signatures  Use caller-ID to find evidence about a stalker  Remove phone numbers from phone directories  Never use a residential address for subscribing to magazines  Avoid providing full name  Protect Social Security number  Maintain a log of every stalking incident  Change email addresses if stalkers use it for stalking  Instead of fearing, threaten the stalker  Report incidents to the police
  22. 22. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3800 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Responsibilities of Supervisors Supervisors must undertake some responsibilities so as to curbsexual harassment. They must:  Set the code of conduct for the employees in the company or organization and make sure that everyone follows it  Recognize the misconduct of an employee towards a fellow employee and handle the problem in an effective way  Create a work environment that is safe and secure  Address the problems of employees in the early stages and document each and every problem properly. This prevents further harassment of the employees  Encourage upward communication among the employees  Report the conduct and responsibilities through internal supervisory channels, so that the complaint is kept confidential  Take the complaints seriously to ensure that it creates a belief in employees
  23. 23. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3801 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Investigate the complaints that are received and ensure that they are addressed  Take disciplinary action against the employees who violate the sexual harassment policies  Take punitive action against the culprit if the investigation proves the offender guilty  Take necessary measures to prevent sexual harassment in the future  Conduct awareness programs or periodic training for all the employees on sexual harassment, so that each and every employee is conscious of the code of conduct
  24. 24. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3802 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Responsibilities of Employees Employees should undertake some responsibilities to prevent against sexual harassment. They must:  Recognize that sexual harassment is a crime  Recognize the liability of the company  Motivate other employees to be aware of sexual harassment and create a complaint’s committee  Formulate an anti-sexual harassment policy or develop complaint procedures such as: o A clear statement should be made on the commitment to a workplace free of unlawful discrimination and harassment o A statement that the harasser is subjected to disciplinary action if he/she is found guilty after the investigation o Ensure that the complaint’s committee carry penalties against the harasser o Ensure the victim and witnesses are protected through confidentiality from the harasser o Ensure that the complainant or witnesses are not subjected to retaliation  Follow the working policies that are set by the supervisor  Discuss and publish the policies with newly recruited employees and existing employees  Avoid participating or encouraging activities that are perceived as sexual harassment  Condemn the behavior of the harasser  Conduct exit interviews when anyone is sexually harassing him/her  Not give a response to the harasser's excuses  Keep track of all the records (letters, emails, notes, or documents) that the harasser sends  Give an honest report about the acts of the harasser to the supervisor
  25. 25. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3803 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Complaint Procedures Following are the complaint procedures for sexual harassment:  Victim prepares a complaint: A victim who is harassed sexually must document the incident, whenever he/she prepares a complaint. The report should contain the name of the respondent. It should also include the date, time, place, and how he/she has been harassed. He/he should prepare an unbiased and confidential report, so that it will not affect the employment, grade, and work assignments. The victim should write intelligibly so that the supervisor can easily grasp it.  Victim files the complaint: Before submitting the report to the supervisor, the victim must ensure that to have his/her own copy. He/she must record all the documents, notes, emails, and letters that are related to the complaint. Also, the victim should ensure that the complaint is filed is in a convincing manner for a supervisor to take disciplinary action against the harasser.  Victim transmits the complaint to the Supervisor: While transmitting the complaint to the supervisor, ensure that it is kept confidential. The harasser convinces the victim not to transmit the complaint. The victim must think in a positive way and believe that the supervisor will help him/her in this situation.  Supervisor reviews the complaint: The supervisor reviews the complaint and hands it over to the investigator for investigation.  Supervisor informally resolves the complaint: If the complaint proves to be confidential, the supervisor casually accepts the complaint. Later, he/she takes disciplinary action against the harasser.
  26. 26. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3804 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited. Investigation Process
  27. 27. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3805 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Investigation Process Following steps are carried outwhile investigating sexual harassment cases:  Choose the investigator who has in-depth knowledge on sexual harassment and who keeps all the information confidential  The investigator must be fair while carrying out the investigation  The investigator must acknowledge the receipt of the complaint  The investigator must have the following documents relevant to the incident: o Policies and complaint procedures o Files that are related to the alleged victim and alleged harasser o Incidents that are related to past complaints against the harasser o State or federal laws  The investigator must know the relevant work rules, so that he/she focuses on the facts obtained from the investigation. These may lead to proof or disapproval of violation.
  28. 28. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3806 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  The investigator interviews all the witnesses and collects the evidence related to the incident  The investigator reviews the findings of the investigation with the victim and the alleged harasser  The victim explains the nature of the complaint, so that he/she can understand the major factors of the complaint  The investigator is given a chance to respond to the victim’s evidence and to bring his/her own evidence  The investigator must document each and everything carefully, including the interview with the witnesses and the complainant  The investigator consults the counsel if he has any doubts regarding the incident or how to proceed further during the investigation  When the investigation is completed, the documents that are made by the investigator are forwarded to the supervisor or to decision makers
  29. 29. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3807 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.
  30. 30. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3808 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Sexual Harassment Investigations Checklist for investigation of sexual harassment cases is as follows:  Preliminary considerations: o Use two investigators, if possible o Create a confidential file o Conduct interviews in a private room  Gathering the facts: o Review the relevant personnel files and company policies o Interview the victim • Take complaint seriously • Explain the investigation and promise complete confidentiality • Find out what happened • Find out the effects of the harassment on the victim • Find out names of witnesses • Ask the victim what he/she wants • Assess his/her credibility • Take a statement, if warranted • Type the notes of the interview o Interview the perpetrator: • Explain the purpose of the interview • Identify the victim who was harassed by the perpetrator • Explain the specific basis of the complaint that was lodged • Ask him/her to respond to the charges o Interview corroboration witnesses: • Try to extract information about the perpetrator and identify the victim with the help of witnesses • Find out what he/she knows • Differentiate between first hand and second hand knowledge. • Assess the credibility of the witness • Take a statement, if warranted  Evaluating the facts and making the decision: o Evaluate the facts from a reasonable perspective o Analyze the difference between “unwelcomed” and “voluntary” sexual conduct o Draft a thorough, even-handed report o Submit the report to the decision-making official o Follow up with the victim and perpetrator after the decision has been made
  31. 31. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3809 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Sexual Harassment Policy Source: http://eop.ua.edu/sex.html  Informal procedures o The complainant may attempt to resolve the matter directly with the alleged offender and report back to the complaint-receiving official o The complaint-receiving official may notify the alleged offender of the complaint, paying appropriate attention to the need to maintain confidentiality o The complainant may also contact the affirmative action officer directly  Formal procedures o The complainant has the right to file a formal written complaint with the affirmative action officer o Upon receiving a formal complaint, the affirmative action officer shall inform the alleged offender of the allegation and of the identity of the complainant
  32. 32. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3810 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Preventive Steps The following are the preventive steps against sexual harassment:  Each and every employee of the organization should be sent a message that harassment shall not be tolerated in the work environment  Establish a written policy against illegal behavior of any employee and take necessary action against those who disobey the rules  Sexual harassment policies must be discussed at workers’ meetings and at supervisor meetings  Display proper guidelines to create awareness of employee rights for harassment-free workplace. Introduce and implement problem solving mechanisms, investigative measures, and grievance and disciplinary procedures, for making decision on harassment complaints  To review organizational policies, enhance problem solving skills, check relevant laws and understand responsibilities, and conduct awareness training for supervisors  Conduct awareness programs or periodical training for all employees on sexual harassment so that employees are aware of how to maintain discipline and follow a certain code of conduct in the organization
  33. 33. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3811 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Assess the work environment for awareness by surveying employees and union members about sexual harassment  Survey all the employees and union members to find out if anyone is facing sexual harassment in the company or organization  Employer should understand and solve the problem of the employee who is affected by harassment through outsiders
  34. 34. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3812 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited. Laws on Sexual Harassment
  35. 35. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3813 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  U.S. Laws on Sexual Harassment Following are the U.S. laws on sexual harassment:  Title VII of the 1964 Civil Rights Act: Title VII prohibits employment discrimination on the basis of race, color, religion, sex, or national origin in hiring, employment (all terms, conditions, and benefits) and termination.  The Civil Rights Act of 1991: This law provides appropriate remedies for intentional discrimination and unlawful harassment in the workplace.  Title IX of the Education Amendments of 1972: This law prohibits sex discrimination of employees and students in educational institutions receiving federal funds.  Equal Protection Clause of the 14th Amendment: This law creates public institutional liability for institutional sexual harassment of employees including compensatory and punitive damages.  Common Law Torts: This law helps to identify the common-law actions that may be filed by harassed workers.  State and Municipal laws: This law includes rape, sexual abuse, sexual assault, and child molestation.
  36. 36. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3814 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  The Laws on Sexual Harassment: Title VII of the 1964 Civil Rights Act Source: http://www.eeoc.gov/ Title VII prohibits employment discrimination on the basis of race, color, religion, sex, or national origin in hiring, employment (all terms, conditions, and benefits) and termination. This law applies to businesses with 15 or more employees. Following are examples of discrimination under Title VII:  Harassing a person because of their friends', relatives', or associates' race, skin, color, religion, gender, national origin, age, or disability. (See also Sexual Harassment section.)  Treating people in similar jobs differently  Making assumptions about the abilities of persons based on stereotypes, physical characteristics, or age  Retaliating against a person because a complaint was filed The remedies that are available if a complainant is successful in a Title VII cause of action includes reinstatement, back pay, damages for future loss of earnings, emotional pain and suffering, mental anguish and attorneys' fees.
  37. 37. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3815 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  The Laws on Sexual Harassment: The Civil Rights Act of 1991 Source: ‘http://www.eeoc.gov/policy/ The Civil Rights Act of 1991: To amend the Civil Rights Act of 1964, to strengthen and improve federal civil rights laws, to provide for damages in cases of intentional employment discrimination, to clarify provisions regarding disparate impact actions, and for other purposes. Following are findings of The Civil Rights Act of 1991:  Additional remedies under federal law are needed to deter unlawful harassment and intentional discrimination in the workplace  Legislation is necessary to provide additional protections against unlawful discrimination in employment Following are the purposes of The Civil Rights Act of 1991:  To provide appropriate remedies for intentional discrimination and unlawful harassment in the workplace  To codify the concepts of "business necessity" and "job related" enunciated by the Supreme Court  To confirm statutory authority and provide statutory guidelines for the adjudication of disparate impact suits under title VII of the Civil Rights Act of 1964  To respond to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination  It establishes private and public liability for the acts of supervisors and employees that constitute sexual harassment of employees
  38. 38. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3816 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  The Laws on Sexual Harassment: Equal Protection Clause of the 14th Amendment Source: http://www.law.cornell.edu/ The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. In other words, the laws of a state must treat an individual in the same manner as others in similar conditions and circumstances. The Equal Protection Clause is not intended to provide "equality" among individuals or classes but only "equal application" of the laws. This law creates public institutional liability for institutional sexual harassment of employees including compensatory and punitive damages.
  39. 39. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3817 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  The Laws on Sexual Harassment: Common Law Torts Source: http://www.safetyed.org/ The Common Law torts involved in cyberstalking are torts of Invasion of Privacy. This law helps to identify the common-law actions that may be filed by harassed workers. Following are the objectives of Common Law Torts:  Identify the tort actions most commonly connected with sexual harassment cases  Explain, in general, the circumstances under which each tort action may be filed  Identify the reasons that harassed workers may choose to file, or to avoid filing, any tort actions  Explain the relationship between sexual harassment law and Workers' Compensation
  40. 40. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3818 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  The Laws on Sexual Harassment: State and Municipal Laws Source: http://www.toolkit.cch.com/  It includes rape, sexual abuse, sexual assault, and child molestation  It advises employees of the name, address, and telephone number of each of the state and federal agencies to which inquiries and complaints concerning sexual harassment may be made  Sets out the deadlines for filing a complaint of sexual harassment with the state and federal agencies
  41. 41. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3819 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Australian Laws on Sexual Harassment Australia has adopted laws for sexual harassment and discrimination. SThe following are the laws relating to sexual harassment:  Sex Discrimination Act 1984  Equal Opportunity for Women in the Workplace Act 1999  Anti-Discrimination Act 1991  Workplace Relations Act 1996
  42. 42. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3820 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  The Laws on Sexual Harassment: Sex Discrimination Act 1984 Source: http://www.comlaw.gov.au/ The Sex Discrimination Act 1984 is an act relating to discrimination on the ground of sex, marital status, pregnancy, potential pregnancy or family responsibilities, or involving sexual harassment. The objectives of the Sex Discrimination Act 1984 is as follows:  To give effect to certain provisions of the Convention on the elimination of all forms of discrimination against women  To eliminate discrimination involving sexual harassment in the workplace, in educational institutions, and in other areas of public activity Section 28B Employment, partnerships etc.  It is unlawful for a person to sexually harass an employee or the person who is seeking to become an employee  It is unlawful for an employee to sexually harass a fellow employee or a person who is seeking employment with the same employer  It is unlawful for a person to sexually harass a commission agent or contract worker or a person who is seeking to become a commission agent or contract worker  It is unlawful for a commission agent or contract worker to sexually harass a fellow commission agent or fellow contract worker  It is unlawful for a partner in a partnership to sexually harass another partner, or a person who is seeking to become a partner, in the same partnership  It is unlawful for a workplace participant to sexually harass another workplace participant at a place that is a workplace of both of those persons Section 28D Registered organizations  It is unlawful for a member of a registered organization or a member of the staff of a registered organization Section 28E Employment agencies  It is unlawful to sexually harass a person who operates an employment agency or a member of the staff of an employment agency
  43. 43. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3821 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  The Laws on Sexual Harassment: Equal Opportunity for Women in the Workplace Act 1999 Source: http://www.eeo.gov.au/ The Equal Opportunity for Women in the Workplace Act 1999 is an act for providing equal rights to women in the workplace. The objectives of the Equal Opportunity for Women in the Workplace Act 1999 are as follows:  To promote the principle that employment for women should be dealt with on the basis of merit  To promote, amongst employers, the elimination of discrimination against, and the provision of equal opportunity for, women in relation to employment matters
  44. 44. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3822 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  The Laws on Sexual Harassment: Anti-Discrimination Act 1991 Source: http://www.legislation.qld.gov.au/ The purpose of the Anti-Discrimination Act 1991 is to promote equality of opportunity for everyone by protecting them from sexual harassment The purpose of the Anti-Discrimination Act 1991 can be achieved by:  Prohibiting sexual harassment  Allowing a complaint to be made under enforcement against a person who has been sexually harassed  Using the agencies and procedures established under enforcement to deal with the complaint
  45. 45. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3823 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  The Laws on Sexual Harassment: Workplace Relations Act 1996 Source: http://www.workplace.gov.au/ The Workplace Relations Act 1996 objectives regarding sexual harassment are as follows:  Provisions in awards and agreements are not to be discriminatory on the grounds of sexual preference  Orders equal remuneration for men and women workers for work of equal value without sex- based discrimination
  46. 46. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3824 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Indian Law: Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Bill, 2006 Source: http://ncw.nic.in/ The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Bill, 2006 is as follows: Authorities under this act: Duty of the workplace to Constitute Internal Complaints Committees: 1. It shall be mandatory for every workplace and every employer in charge of a work place to constitute an Internal Complaints Committee as prescribed under this Act. 2. Notwithstanding anything in sub section(1), in cases where it is not practically feasible to constitute the Internal complaints Committees at the workplace or at each of the branch or office of the workplace, wherever they be located, the employer shall constitute such internal complaints committee either at its head office or at any of the branch offices, for dealing with cases of sexual harassment, in respect of its workplace 3. Constitution of internal and local complaints committee a. The Internal Complaints Committee shall consist of not less than three members b. The Committee shall be headed by a woman, who shall be its chairperson c. There shall be at least one person selected from the list of third parties d. Not less than half of its members shall be women. Where a sufficient number of women employees are not available, then, the committee may be filled up from amongst the list of third parties e. All members of the Complaints Committee, whether internal or third parties, should be neutral and unbiased Duties of authorities under the act:  Ensure a safe environment free from Sexual Harassment including prevention and deterrence of Sexual Harassment  Lay down clear policy on dealing with cases of sexual harassment and constitute a internal complaints committee
  47. 47. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3825 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Prepare and prominently display a policy for the prevention and prohibition of Sexual Harassment  After a complaint under this Act has been made and pending its prosecution under this Act, not alter to the prejudice of the complainant/Supporter/Witness concerned, the conditions of service of the Complainant/Supporter/Witness prevailing immediately prior to the complaint being lodged as a consequence to the filling and prosecuting of a complaint under this Act  It shall be the duty of the appropriate government to ensure that the workplace under their administrative or supervisory control have taken all reasonable measures to comply with the duties cast upon the workplace under this Act
  48. 48. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3826 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  German Law: Protection of Employees Act Source: http://www.ilo.org/ As the description of law indicates, the Protection of Employees Act protects employees with certain rights and legal actions. Article 10: Act to protect employees against sexual harassment at the workplace (Protection of Employees Act) states:  Section 1: This Act is to maintain the dignity of men and women through protection against sexual harassment at the workplace  Section 2: Protection against sexual harassment  Section 3: Employees' right of complaint  Section 4: Measures by the employer or manager; right to refuse performance  Section 5: Further training for persons employed in the public service regarding harassment
  49. 49. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3827 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  UK Law: The Employment Equality (Sex Discrimination) Regulations 2005 Source: http://www.opsi.gov.uk/ The Employment Equality (Sex Discrimination) Regulations 2005 is the act related to discrimination on the grounds of sex. It forces the employer to ensure equality in terms of gender. The purpose of the act related to harassment and sexual harassment are as follows: Harassment, including sexual harassment (1) A person subjects a woman to harassment if— (a) On the ground of her sex, he engages in unwanted conduct that has the purpose or effect— (i) Of violating her dignity, or (ii) Of creating an intimidating, hostile, degrading, humiliating or offensive environment for her, (b) He engages in any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that has the purpose or effect— (i) of violating her dignity, or (ii) of creating an intimidating, hostile, degrading, humiliating or offensive environment for her, or (c) on the grounds of her rejection of or submission to unwanted conduct of a kind mentioned in paragraph (a) or (b), he treats her less favourably than he would treat her had she not rejected, or submitted to, the conduct. (2) Conduct shall be regarded as having the effect mentioned in sub-paragraph (i) or (ii) of subsection (1)(a) or (b) only if, having regard to all the circumstances, including in particular the perception of the woman, it should reasonably be considered as having that effect. (3) For the purposes of this Act, a person ("A") subjects another person ("B") to harassment if— (a) A, on the grounds that B intends to undergo, is undergoing or has undergone gender reassignment, engages in unwanted conduct that has the purpose or effect— (i) of violating B's dignity, or (ii) of creating an intimidating, hostile, degrading, humiliating or offensive environment for B, or
  50. 50. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3828 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited. (b) A, on the grounds of B's rejection of or submission to unwanted conduct of a kind mentioned in paragraph (a), treats B less favourably than A would treat B had B not rejected, or submitted to, the conduct. (4) Conduct shall be regarded as having the effect mentioned in sub-paragraph (i) or (ii) of subsection (3)(a) only if, having regard to all the circumstances, including in particular the perception of B, it should reasonably be considered as having that effect. (5) Subsection (1) is to be read as applying equally to the harassment of men, and for that purpose shall have effect with such modifications as are requisite. (6) For the purposes of subsections (1) and (3), a provision of Part 2 or 3 framed with reference to harassment of women shall be treated as applying equally to the harassment of men, and for that purpose will have effect with such modifications as are requisite.
  51. 51. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3829 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Law of the People's Republic of China on the Protection of Rights and Interests of Women Source: http://www.china.org.cn/ Because of harassment, China implemented a law on the Protection of Rights and Interests of Women. The following are the articles that support the law against sexual harassment: Article 23: No unit while employing staff should refuse to employ women by reason of sex or raise the employment standards for women Article 40: Sexual harassment against women is prohibited. The female victims shall have the right to file complaints with the units where they work and the departments concerned Article 58: Where a person, in violation of the provisions of this Law, commits sexual harassment or domestic violence against a woman, if such act constitutes a violation of the regulations for administration of public security, the victim may apply to a public security organ for an administrative sanction against the violator according to law, and may also bring a civil suit in a people's court according to law
  52. 52. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3830 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Penal Code, Section 509. in Malaysia Source: http://www.jobsdb.com.my/ Statement: "Whoever, intending to insult the modesty of any women, utters any words, makes any sound or gesture or exhibits any object, intending that such word or sound shall be heard, or such gesture or object shall be seen by such woman, shall be punished with imprisonment for a term which may extend to 5 years or with fine, or with both“  It deals more with physical aspects  The Industrial Relations Act 1967 may be amended to provide for action against sexual harassment perpetrators
  53. 53. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3831 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.
  54. 54. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3832 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Sample Complaint Form Source: http://www.cps-humanresources.org/ The following is the sample sexual harassment complaint form:
  55. 55. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3833 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.
  56. 56. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3834 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.
  57. 57. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3835 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.
  58. 58. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3836 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited.  Laws Against Stalking Source: http://www.corporatetravelsafety.com/ Stalking is a form of crime and the victims of it are supported by the following laws: Federal Laws:  18 USC § 2261A o Interstate Travel to Commit Domestic Violence o The victim must be a spouse or intimate partner of the defendant o The defendant must have crossed a State line (or entered or left Indian country) with the intent to injure, harass, or intimidate one's spouse or intimate partner o In the course of or as a result of such travel, the defendant intentionally commits a crime of violence o The defendant causes bodily injury to the spouse or intimate partner  42 USC §§ 3796gg, 14031
  59. 59. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3837 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited. o Two laws authorize grants for law enforcement agencies to develop programs addressing stalking and for states to improve the process for entering stalking-related data into local, state, and national crime information databases such as the National Crime Information Center California laws  Penal code 646.9 o A stalker is someone who willfully, maliciously, and repeatedly follows or harasses another (victim) and who makes a credible threat with the intent to place the victim or victim's immediate family in fear for their safety. The victim does not have to prove that the stalker had the intent to carry out the threat
  60. 60. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3838 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited. Summary  Sexual harassment is a kind of sexual behavior that is offensive and may cause harm to the victim physically, psychologically, and materially because such behavior is against the consent of the victim.  Sexual harassment is of two types: o Verbal o Physical  The investigator must be impartial and open-minded until the end of the investigation process  After the completion of the investigation, the documents made by the investigator are forwarded to the supervisor or to decision makers  Sexual harassment must be discussed at workers’ meetings or at supervisor meetings  Conduct awareness programs or periodical training for all the employees on sexual harassment so that employees are aware of how to maintain discipline and follow a certain code of conduct in the organization.
  61. 61. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3839 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited. Exercise: 1. What is sexual harassment? ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 2. What are the consequences of sexual harassment? ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 3. Write down the procedure to issue a complaint against sexual harassment. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 4. Explain the sexual harassment investigation process. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 5. What are the responsibilities of supervisors? ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 6. List the checklist for investigations on sexual harassment.
  62. 62. Computer Hacking Forensic Investigator v4 Exam 312-49 Investigating Sexual Harassment Incidents Module XLIV Page | 3840 Computer Hacking Forensic Investigator Copyright © by EC-Council All Rights Reserved. Reproduction is Strictly Prohibited. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 7. What are the preventive steps against sexual harassment? ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 8. Explain the various laws against sexual harassment. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 9. What do you understand by the term “stalking”? Explain the various types of stalkers. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________ 10. List the laws against stalking. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ _______________________________________________________________

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