​Tony presented to Ashtabula SHRM on September 12 as a training session for preventing sexual harassment in the workplace. Reviewing how recent allegations of celebrity workplace harassment has captured headlines worldwide, and how the #MeToo movement has empowered employees to speak up, Tony that bad behavior that should not be tolerated, but doing the minimum to comply with state and federal employment will not be enough for workplaces in the 21st Century. Actions in dealing with allegations of sexual harassment speak louder than words. Therefore, Tony explained that companies must create a culture of respect, civility and diversity, and stressed how the negative impact sexual harassment claims can have on a company can tarnish its reputation and make hiring more difficult in the future. Tony provided different strategies for training, policies and many other aspects of responding to inappropriate behaviors in the workplace for supervisors and HR professionals to help avoid liability on sexual harassment issues.

1. Creating a Culture of Respect, Civility
+ Diversity: How to Address Sexual
Harassment in the Workplace
presented by Tony Fiore
September 12, 2018

2. NYT investigation revealed
sexual harassment allegations
against Harvey Weinstein
October 5

3. New Yorker published an
investigation into sexual
assault by Weinstein
October 10

4. Alyssa Milano invites
women to #metoo
October 15

5. 1.7 million tweets with the
#metoo; 12 million posts on
Facebook
November 31

6. “Silence breakers” named Time
Person of the Year
December 6

7. Time’s Up founded
January 1

8. 25-75%
of women had been
victims of sexual
harassment

9. Higher Education -
Disability, 19, 1%
Employment ,
2844, 74%
Housing, 653, 17%
Public
Accommodation,
282, 7%Credit, 20, 1%
Charges Filed by
Jurisdiction (2017)

10. cases in its active
investigative inventory
At any given time
the agency may have
1000-1500

11. 2013: 3,346 charges filed
2014: 3,125 charges filed
2015: 3,137 charges filed
2016: 2,890 charges filed
2017: 3,673 charges filed
*The OCRC investigates more
cases than nearly any other state
or local agency in the U.S.

12. 0
200
400
600
800
1000
1200
1400
1600
Employment Charges by Protected Class (2017)

13. Sexual Harassment Claims (2015-2018)

14. 75%of those women
never report it

15. 30 million
women have a
voice

20. Unwelcome sexual advances, requests for
sexual favors, and other verbal or physical
harassment of a sexual nature,
including offensive remarks about a person’s
sex (or - Insert protected class).
.

21. Who merits
protection has
not changed

22. The laws have
not changed

23. The reasonable
person standard
has not changed

24. The Severe or Pervasive
Standard has not changed
Severe: of a great degree, hardship or
discomfort
Pervasive: existing in or
spreading through every
part of something
Number of IncidentsFew More

25. Degrees or types
of harassment
have not
changed

26. Quid Pro Quo
Submission to sexual
advances or favors, or
when other conduct is
made a term or condition
of employment
Hostile Work
Environment
Severe or pervasive
conduct of a sexual
nature that creates an
intimidating, hostile or
offensive environment
Gender
Stereotyping
Behavior that treats
individuals based upon
stereotypical notions of
how persons of that
gender should act

27. It’s still about impact
and not necessarily
intent, isn’t it?

28. Unwelcome means
the employee did
not solicit, incite or
desire the conduct
or regards it as
offensive
It is the perception
+ reaction of the
victim that matters

30. Where did we go wrong?
Ignoring the
warning signs
Ineffective policies,
procedures + training
Preconceived credibility
assessments
Not digging deep enough
Failing to take sufficient
measures to prevent +
correct behaviors

31. What is proactive in
the #MeToo Era?
Apply policies, discipline + enforcement
Ensure employees know their rights
Train + educate (supervisors separately)
User-friendly + accessible websites
Workplace climate surveys

32. What size
policy fits?
No Gossip Policy
Non-Fraternization
Supervisor-
Subordinate
Anti-Harassment
Civility Codes
Zero Tolerance

33. A Word about
Policies
Written +
understandable
Easily accessible
Regularly
communicated
Define what it is
Outline avenues to
complain
Cover all protected
classes
Consider social
media
Applied uniformly

34. What is proactive in
the #MeToo Era?
Handle complaints well
Promote a holistic, organizational culture
Don’t ignore issues: nothing is “just a joke”
Focus on respect, accountability + behavior
Concepts of diversity + inclusion
Workplace civility, bystander interview +
compliance training are the new concepts

36. Report
to HR
Report
on Social
Media

37. Complaint
won’t be
taken
seriously
Retaliation Consequences

38. How do we change
the culture?

39. The culture change
+ support has to be
top-down
1

40. There have to be safe,
multiple outlets for
filing complaints
2

41. Tap into the women’s
based groups at the
company
3

42. What if you get a
complaint?

43. Don’t ignore it –
address early
1

44. Some complaints can
be brought directly to
the board
2

45. HR sends complaints
directly to legal counsel
3

46. Using an employee app, kendr connects
employees with their employers,
promoting secure, discreet and
anonymous workplace communication

47. The Manager’s Role

48. TRAINING
One size training
does not fit all
Train supervisors
separately
Compliance training
is important
Supported +
attended by the
highest levels

49. TRAINING
Live training is best
Should be reinforced
+ routinely evaluated
Always orient new
employees on
policies + procedures

50. Civility TRAINING
Compliance training
gives way to training
focusing on D&I
Focus on the positive
Before acting,
consider impact
Understand your
triggers + hot buttons

51. Civility TRAINING
Practice self-restraint
Adopt a solution-
driven approach to
conflict
Rely on facts
Think big picture
Build bridges, not
walls

52. What is proactive in
the #MeToo Era?
Investigate promptly + thoroughly
EEO investigations separate from HR
Remain neutral with an open mind
Don’t discredit the complaining party
Don’t be too legalese in y our conclusions

53. WORKPLACE
Investigations
Get the accuser’s story +
speak with the accused
Interview other employees
Maintain privacy to extent
feasible
Consider separating parties -
ensure NO retaliation
Consider neutral third-party

54. Business Case

55. I did the right things, but the
employee is still complaining
Take the complaint
seriously
Avoid personalizing the
complaint
Investigate the complaint
Document your actions

56. DEFINING
Employer Liability
Faragher & Ellerth (1998)
Faragher v. City of Boca Raton
524 U.S. 775
Burlington Industries v. Ellerth
524 U.S. 742

57. Employer Liability
FOR SUPERVISORS

58. Employer Liability
FOR CO-WORKERS

59. What is Gender
Harassment?
Gender harassment is typically based
on hostility directed at that gender

60. What is Gender
Stereotyping?
Gender stereotyping refers to behavior that treats
individuals based upon stereotypical notions of
how persons of that gender should act

61. Are
Transgenders
Protected?
Title VII protects transgender persons because of
their transgender or transitioning status, because
transgender or transitioning status constitutes an
inherently gender non-conforming trait

62. What is Sexual
Orientation
Discrimination?

63. 2013: 808 LGBT receipts
2014: 1,100 LGBT receipts
2015: 1,412 LGBT receipts
2016: 1,768 LGBT receipts
2017: 1,762 LGBT receipts
The EEOC takes the approach
orientation is a form of sex
discrimination

64. What is retaliation?

68. EEOC is updating its
sexual harassment
guidelines for the
first time in 20
years

70. Tony Fiore
Of Counsel, Kegler Brown
Director, Government Affairs, Ohio SHRM
afiore@keglerbrown.com
keglerbrown.com/fiore
614-462-5428
@TonyFioreEsq