Here are three scenarios from your inbox and my recommended responses as a supervisor: 1. You receive an email from an employee complaining about inappropriate jokes and comments being made by a coworker. Recommendation: Thank the employee for bringing this to your attention. Inform them you take these issues seriously and will be contacting HR immediately to initiate a confidential investigation. Reassure them retaliation will not be tolerated. 2. During your weekly check-in, an employee confides they are uncomfortable working alone with their manager due to the manager's flirtatious behavior. Recommendation: Thank the employee for their trust. Inform them you will be notifying HR right away to address the issue and make appropriate changes to ensure a

1. Supervisor Training

2.  To define and describe harassment
 To identify situations and behaviors that
could be perceived as harassment.
 To understand a supervisor’s obligations and
responsibilities.
 To apply specific strategies for preventing
and eliminating harassment.
 To appropriately respond to allegations of
harassment.

3.  Federal Law:
 Title VII of the Civil Rights Act of 1964
and other State & Federal legislation
Harassment as a form of Discrimination
Protected Classes
Ethnicity* Disability Orientation
Religion Gender/Sex Age (40+)
Veterans - Vietnam, Gulf War
*Ethnicity includes any combination of race, color, nationality,
ancestry, cultural identity, etc.

4.  State Law – Enforced by FEHA
 Employers must distribute information sheet
 Employers must post a copy of the DFEH poster
 2005 AB 1825 – Mandatory Training
▪ Supervisor/manager training – 2 hours
▪ Every 2 years or within 6 months of employment
 County Contractual Requirements
 Required to comply with all mandates

5.  2001 – Durango Steak House
 Consensual relationship between employee & her manager
 She broke up but he continued to stalk
 She reported to management and was fired as a result
 Sued for QPQ, HWE, retaliation and negligent hiring
 Jury awarded $252,000
 2005 – UltraStar Cinemas, San Diego & Baja
 Two adult managers’ conduct with 4 minor females
 Evidence that owner-officers were aware of the conduct
 Court awarded $1.5 million punitive to each ($6 million)
 Plus $850,000 in damages - emotional distress

6.  2006 - Warner Brothers
 The Friends Case – Writers had creative, explicit brainstorm sessions
 Supreme Court ruled in favor of Warner Brothers
 Addressed consideration for Job Context
 2007 – Jesse James, West Coast Choppers
 Evidence presented from emails and a T-shirt
 Out of court settlement for $725,000
 2008 – City of Brockton, Massachusetts
 First grader accused of sexual harassment
 Boy was immediately suspended, no investigation/due process
 Debate drew international attention
 The boy will receive $130,000, total settlement $240,000
 Plus $50,000 in legal defense spent by the city

7. 1. Anita Hill/Justice Thomas
2. Paula Jones/President Clinton
3. The Tailhook Convention
4. Mitsubishi Motors
5. University of Colorado Football Program
How could these have been mitigated?

8. Pre-Test - Assessing Your
Understanding

9.  Unwelcome sexual advances, requests for
sexual favors, and other verbal or physical
conduct of a sexual nature
 Quid Pro Quo
▪ Employment terms & conditions are offered or withheld
as a means of coercing sexual favors
 Hostile Work Environment
▪ Has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an
intimidating, hostile, or offensive working environment

10.  Translates to “This for That”
 submission to unwelcome conduct is made either
explicitly or implicitly a term or condition of an
individual's employment, and
 submission to or rejection of unwelcome conduct by an
individual is used as the basis for employment decisions
effecting such individuals
 The employer is automatically liable when the
harasser is a supervisor.
 No affirmative defense is available when the
harasser is a supervisor.

11.  Focuses on the protected trait of a victim;
 Is unwanted or unwelcome; and
 Is severe or pervasive enough to effect the
person’s work environment.
 Repeated less favorable treatment
 Behavior that intimidates, offends, degrades,
threatens, or humiliates
 A single incident if egregious enough
 Not necessarily linked to a tangible benefit

12.  Can be harassment without being sexual in nature
 Other forms of discrimination
 Perception changes from person to person
 Welcome vs. Unwelcome behavior
 Be sensitive to perception
 Reasonable person doctrine
 Watch for perceived retaliation
 Bystander harassment
 Witness to offensive behavior
 Third party harassment
 Excluded from preferential treatment

13. Group
Discussion

14.  Policy against Harassment Communicated
 Management Training
 Ability to report it to more than one person
 Effective handling of complaint
 Promptly, Confidentially, and without Retaliation
 Prompt, corrective action taken

15.  Report complaint directly to:
 Supervisor or Manager
 Human Resources
 Executive Management Team Member
 Human Resources will promptly begin an
investigation

16. Examples of possible perception of retaliation
Changes in hours Changes in pay
Changes in job duties Changes in work shift
Changes in the way person is treated Changes in employment status
Changes in assignments Changes in work volume
 Employer can prevail on harassment claims
but still lose on the retaliation claim

17. HARASSERS CAN BE… VICTIMS CAN BE…
• Supervisors • Supervisors
• Employees • Employees
• Clients • Clients
• Vendors • Vendors
• Male • Male
• Female • Female

18.  Verbal – Language that is discriminatory,
sexual or offensive
 Visual – Pictures, drawings, jokes, props
 Physical – Body language, gestures, lewd
expressions
 Electronic – Inappropriate email, videos,
telephone communications
 Generally derogative communications of any
kind; insults or personal criticism

19. Memory Check

20. Supervisors can be held responsible for
harassment in instances where they knew or
should have known that inappropriate
behavior was taking place, but failed to take
action.

21.  Supervisors may be held personally and legally
liable in circumstances where they were a
contributor, either through action or inaction.
 when they engage in behavior that is harassing, or
 when they delay or fail to take action in the
following circumstances:
▪ a complaint is made to them
▪ they see or hear about behavior that may be offensive
▪ they see or hear about behavior they know is harassment

22.  These styles if directed at one group of
people could be perceived as harassing:
 Dictator – overwork, unnecessary pressure, and
unreasonable deadlines
 Passive Aggressive – Belittling, critical, sarcastic,
sabotaging
 Micromanager – over-detailed supervision,
unwarranted checking and lack of trust
 Isolationist – Exclusionary or laissez-faire,
withholding information or resources

23.  Employees depend on their supervisors to provide a safe
and respectful work environment.
 Supervisors can follow six steps to eliminate existing
sexual harassment and set the stage for preventing it in
the future:
1. Know our sexual harassment policy.
2. Be a role model for your staff.
3. Identify potential problems and report them to HR.
4. Practice our open door policy where people feel comfortable
confiding in you.
5. Maintain strict confidentiality.
6. Take action on all complaints even if recipient asks you not to.

24. Supervisory
Responsibility
Exercise

25.  Tangible Costs
 Litigation – Attorneys, CRF staff time, settlements
 Damages – Compensatory & Punitive
 Turnover – Recruitment, training, loss of productivity
 Workers Compensation, Disability Claims
 Intangible Costs
 Reputation as an employer
 Relationship with county, universities
 Bad public relations
 Company culture & morale

27.  Communication
 Awareness
 Leadership

28.  MBWA – Management by Walking Around
 Maintain open lines of communication so
everyone is aware of policy, unacceptable
behavior, expectations, etc.
 Periodically review at Staff Meetings
 Policy 111, Policy against Workplace Harassment
 Page 17 of CRF Employee Handbook
 Complying with this Policy is a Condition of
Employment with CRF

29.  Be aware of the following:
 It is your responsibility to take action if you know, or
should have known, about questionable behavior in
your workplace - even if an employee does not
complain to you about harassment.
 The more severe the behavior is, the fewer times it
needs to be repeated before it is considered
harassment.
 The more severe and obvious the behavior is, the less
responsibility the receiver has to speak up.
 Supervisors may be held personally liable for acts of
harassment they commit against another individual.

30.  If you become aware of questionable behavior,
even if there is no complaint, you should:
 Call Human Resources immediately.
 Take prompt and corrective action.
 Document action taken.
 Communicate actions taken to the affected employee
and explain what he or she should do if the problem
should occur again.
 Maintain strict confidentiality; information about the
incident should be shared on a need to know basis.

31. In-box Scenarios