Harassment Guidelines for Managers and Supervisors

3. Title VII • Federal statute • 15 or more employees for 20 calendar weeks this year or last • Bars “discrimination” on the basis of “race, color, religion, sex, or national origin” • No individual liability Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

4. Interpreted to ban harassment: • Based on a protected characteristic • Offensive to a reasonable person with the same characteristic • Sufficiently severe and pervasive to alter the terms and conditions of employment Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

5. Recognizing harassment • Actions • Words • Attitude Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

6. Employer responsibility for complete work environment • Internet • Office romance • Non-employees in the workplace • Off-site conduct Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

7. Anyone can be a harassment victim Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

8. HOW DO YOU PREVENT SEXUAL HARASSMENT? Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

9. Supervisors are critical • Automatic liability for supervisor harassment • Eyes and ears of the employer • Faragher defense Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

10. Employer policies • Express ban on harassment • Complaint process (Faragher defense) – Complaint – Investigate – Consequences • Express ban on retaliation Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

11. Supervisor responsibility • Role model • Educate and train • Open door policy • Respond to complaints • Impose discipline Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

12. PROBLEMS: HOW WOULD YOU HANDLE THIS? Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

13. Let’s have a drink after work Male Supervisor: Brooke. It's Friday and you've worked hard all week. How about you and I go out for a drink after work. Female: No thank you. I have plans with my fiancé, Joe. Male Supervisor: Oh, come on. You'll have a good time. You know, if you're not nice to me, I'll have to remember that when we interview for your promotion. Heh. Heh. Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

14. Did you hear the one about? Email from Joe Jones to [Entire Office]: I just heard the funniest joke from one of my drinking buddies. It seems a traveling salesman got lost on a back country road, and pulled up to a dilapidated farmhouse to ask for directions and some water. The door was answered by the farmer’s daughter who said: [BLEEP] Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

15. You can’t tell anyone First Employee: Hi Kelly. Do you have a minute? Second Employee: Sure. First Employee: Well, something really bad happened yesterday. But, if I tell you, you can't tell anyone else. Second Employee: OK. But, what in the world happened. First Employee: I was sitting at my desk, and Tom came up to talk to me. He put his arm around my shoulder and asked me to go with him to the staff meeting. I felt very uncomfortable, but I didn't say anything, because I thought he'd get angry. Second Employee: Oh, don't worry. That's the way he is with everybody. Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

16. She said … Female Employee: Oh, it was so scary. Yesterday, when I got on the elevator with this guy named Johnny, he got behind me. And, then when the doors closed, he grabbed my shoulders, and then he tried to kiss me. Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

17. He said … Male Employee: No way that happened. She's been after me for weeks since I turned her in for falsifying her time. I stayed as far away from her as I could in that elevator. Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

18. CALIFORNIA SPECIFIC CONTENT Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

19. Why must we do this? • It is the law • Preserves company resources • Keeps employees productive Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

20. FEHA is the California law • Fair Employment and Housing Act • One or more employees • Expressly bans harassment • race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

21. Individual liability • Individual harasser is liable • Employer is also liable if the conditions are met Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

22. Effect of complaint system • Not a complete defense • Damages limitation Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

Harassment Guidelines for Managers and Supervisors

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