Sexual Harassment - What Supervisors Need to Know - Yakima Fruit and Cold Storage.pptx
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A practical approach to assist supervisors in learning about Sexual Harassment.
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Sexual Harassment - What Supervisors Need to Know - Yakima Fruit and Cold Storage.pptx
- 1. Sexual Harassment What Supervisors Need to Know
- 2. Objectives At the end of this training, you will be able to: • Explain what sexual harassment is • State why it is important to prevent sexual harassment in the workplace • Understand what retaliation is and help prevent retaliation claims by employees who complain of sexual harassment • Understand your responsibilities as supervisors for handling complaints and assisting in investigations and disciplinary action
- 3. Exercise #1 What do you think about these statements? 1. As a manager, if I observe behavior that might be harassment, I wait until I’m sure it’s illegal. When I’m sure it is, I discipline the perpetrator right away. 2. Hey, if people can’t take a little kidding, what kind of team members are they? 3. Sexual harassment usually involves intimate touching or other manner of physical contact. 4. A superior says a subordinate who turns down invitations for a date will get a poor job evaluation.
- 4. Exercise #1 (cont.) 1. A superior promises a raise if a subordinate will agree to share a room on an upcoming business trip. 2. A superior blocks a promotion for a subordinate who has firmly stated that the superior’s sexual remarks were unwanted and unpleasant. 3. Policies on harassment mean that a co-worker can’t ask another co-worker out.
- 5. Exercise #1 (cont.) 1. As long as people don’t complain about my kidding and my pinching, I don’t have to worry. 2. I’ve been sleeping with my assistant, but we both enjoy it – it’s not a boss thing, it’s a love thing. 3. Only supervisors can harass subordinates. 4. Our receptionist is attractive, and the delivery people tend to tease a little, well, a lot, but they’re not employees, so there’s nothing I can do about them.
- 6. How Widespread is Sexual Harassment? • It is estimated that 70% of women and 20% of men have experienced sexual harassment • Approximately 15,000 sexual harassment cases are filed each year in the U.S. • Charges of sexual harassment cost U.S. companies almost $40 million annually • Complaints filed by men have more than tripled in recent years – this is not just a woman’s problem
- 7. Why You Need to Know Sexual harassment: • Damages organizations • Undermines trust and respect • Exposes the company to damaging liabilities
- 9. Harassment and the Law • Title VII of the Civil Rights Act • Equal Employment Opportunity Commission (EEOC) • The courts • State law
- 10. EEOC Definition The EEOC defines sexual harassment as sexual conduct that is: • Unwelcome • Harmful • Illegal
- 11. Fruit & Cold Storage Policy The Sexual and Other Unlawful Harassment Policy can be found in Fruit & Cold Storage’s employee handbook. • Every supervisor and employee is required to familiarize themselves with the policy. • Upon hire, each new employee signs the policy acknowledging that they have read the policy and agree to comply with the policy.
- 12. Fruit & Cold Storage Policy (cont.) • Provides a clear statement of the company’s position against sexual harassment – zero tolerance!
- 13. Fruit & Cold Storage Policy (cont.) • Promotes compliance and prevention by defining responsibilities • Protects your rights • Fosters respect for all • Publicize the policy • Enforce the policy • Review the policy periodically
- 14. What Do You Think? Is this sexual harassment? • A female employee wears a miniskirt to work. • A female supervisor makes frequent comments about a male employee’s physique. • A male supervisor makes frequent comments about a male employee’s physique.
- 15. How About These? • Two co-workers forward each other off-color jokes by email. • An employees asks a co-worker out. • Two co-workers develop a personal relationship.
- 16. A Few More… • A male employee posts a female swimsuit calendar in his work area. • A female employee posts a male pinup in her work area. • A good customer makes provocative comments to employees.
- 17. What is Sexual Harassment? • Unwelcome sexual advances • Requests for sexual favors • Other verbal or physical conduct of a sexual nature that: – Affects an individual’s employment; – Unreasonably interferes with their work performance; or – Creates an intimidating, hostile or offensive work environment
- 18. Forms of Sexual Harassment Tangible employment action (aka quid pro quo) • Monetary loss or significant changes in workload or assignment • Automatic liability • Tangible employment action must actually occur
- 19. Forms of Sexual Harassment (cont.) Hostile Work Environment • Severe or pervasive – or both • Intimidating, hostile or offensive displays • Examples include: – Sexually explicit pictures, calendars, graffiti or objects – Regularly • Using “dirty” words • Making sexual jokes • Using obscene gestures • Making rude comments of a sexual nature
- 20. You Decide! Tangible Employment Action or Hostile Work Environment? • An employee is asked to talk about her raise with her supervisor after business hours at a romantic restaurant. • An employee brings a sexually explicit gag gift into work for a co-worker’s birthday present. • A supervisor regularly uses obscene language when speaking with employees. • An employee who appears to be “very close” to the boss always gets the easiest job assignments.
- 21. More Information on Liability • Liability for actions of co-workers • Liability for actions of customers, clients, and independent contractors • Many state non-discrimination laws define “employer” to include individual supervisors, managers or officials – including Washington
- 22. Who is Affected? Those who commit acts of sexual harassment, including: • Employees at any level • Clients or customers • Members of the same sex Those who experience sexual harassment, including: • Direct targets • Bystanders and witnesses
- 23. Ask Yourself… • Do you understand the two main forms of sexual harassment – tangible employment action and hostile work environment? • Do you understand who may be affected by sexual harassment in the workplace?
- 24. Handling Complaints • Encourage reporting • Respond to all complaints • Allow employees to bypass the normal chain of command
- 25. Handling Complaints (cont.) • Respect confidentiality • Strike a balance between confidentiality and the need to investigate • Protect everyone’s rights
- 26. Dealing with Isolated Incidents • Determine the exact nature of the incident • Counsel the alleged harasser • Reassure the victim • Monitor the situation carefully
- 27. What is Retaliation? Retaliation is defined as an adverse action taken against an employee because they complained of harassment or discrimination. • Adverse action includes demotion, discipline, termination, salary reduction, negative performance appraisal, change in job duties or shift assignment • Anti-discrimination laws prohibit employers from taking adverse action against employees for asserting their rights
- 28. Avoid Charges of Retaliation To avoid charges of retaliation: • Document the reason for any adverse action against the employee • Make sure the documentation shows no discriminatory reason for the adverse action. • Do NOT take any adverse action against an employee who has complained of sexual harassment without discussing with and obtaining approval from senior management.
- 29. Key Points to Remember! • Sexual harassment is prohibited by law and workplace policy • It involves more than physical conduct; it can also be verbal or visual • Sexual harassment harms everyone • You have a responsibility to help prevent it
- 30. Exercise #2 1. Jill asks to see you in private. She reveals that Jesse has been making suggestive comments to her, and they’re starting to get on her nerves. She says she is going to handle the situation and doesn’t want you to take any action. She just wants her concerns on the record. What, if anything, should you do? 2. Traditionally, the men in the department gather around the water cooler at break time, and a lot of laughing is heard. Whenever a woman approaches, the laughter subsides, and the guys look her up and down and all say in unison, “Good morning, Sally. You look lovely today.” What, if anything, should you do? 3. Word is that Laura, a manager, and Steve, her assistant manager, are dating. They appear to be very much in love, and their affectionate moments are becoming more public around the office. What, if anything should you do?
- 31. Exercise #2 (cont.) 1. Alex and Alice often travel on business together. On virtually every trip, Alex asks Alice to share his bed. She always says no, and he politely changes the subject. There is never any pressure. She has asked him to stop, but he hasn’t. You become aware of this situation and ask Alex about it. He says it’s just good-natured kidding, although he wouldn’t mind if she said yes one time. What, if anything, should you do? 2. Bart likes to start the day off with a joke for the whole office. Sometimes they are pretty raunchy. He often starts by saying, “Well, I know I shouldn’t tell this one. Cover your ears if they are tender.” Most of the gang laughs uproariously at the jokes. A few just shake their heads. What, if anything, should you do? 3. Nancy approaches you and says that Nick has been rubbing up against her on purpose and in a suggestive way. Lately, she says, he has taken to putting his hands on her shoulders and suggestively moving them down her front. She works in an isolated part of the building and is scared that Nick’s behavior will escalate. You talk to Nick, and he denies the allegations completely. “She doesn’t like me,” he says, “because I got a bigger raise, and so she’s spreading stories about me.” What, if anything, should you do?
- 32. Questions?
Editor's Notes
- Sexual harassment is an important subject for supervisors because it is an illegal form of sexual discrimination under Title VII of the Civil Rights Act. It is also prohibited by state law. In addition, the company has a formal policy that prohibits sexual harassment in the workplace – a policy you are responsible for enforcing. Today, we will cover exactly what sexual harassment is, why it’s so damaging to the company, and what you can do about it.
- The objective of this training is to provide you with the information you need to know about sexual harassment in order to help the company deal with incidents and prevent future problems.
- Managers should not try to figure out whether behavior is illegal. Instead, focus on whether behavior is inappropriate and contrary to policy. As soon as it is, act. Behavior that is kidding to one person may be offensive to others. Harassment cases don’t pay much attention to the motives or intent of the offender; what counts is the reaction of the person offended. Intimate touching and other physical contacts are an egregious form of harassment, but harassment may also occur from innuendo, sexual talk, inappropriate jokes, and other offensive behavior. This is classic tangible employment action harassment.
- This is also tangible employment action harassment. This is another example of tangible employment action harassment. It’s generally difficult to prevent co-worker dating. However, managers should be aware of the potential for harassment if either party has any business power over the other.
- Sometimes, employees will seem to be going along with inappropriate behavior, and it is true that behavior must be unwelcome to be harassment. Unfortunately, in court the people who seemed to be accepting will tell the jury that they had to go along so they could feed their family. That’s not going to end well for the company. Unfortunately, many relationships come to an end. When they do, if there is ever any negative action taken against the subordinate, the subordinate is likely to claim harassment. Furthermore, co-workers will tend to believe that the subordinate is getting special treatment while the relationship is going well. Generally, only supervisors or other high-ranking managers engage in tangible employment action harassment, but any co-worker or outsider can create a hostile work environment. If you allow a hostile work environment to continue, even if created by an outsider, you are condoning harassment, and that is not going to be good. Management must take action, talking to the outsiders, and if necessary, to their management.
- Why do you need to know about sexual harassment? First of all, the company wants all employees to be able to work in an environment that is free of sexual harassment. You play an essential role in creating and maintaining that kind of environment. You need to know that sexual harassment: Damages organizations; Undermines trust and respect; and Exposes the company to damaging liabilities VIDEO: Don’t let this be you. Remember, supervisors/manager may be held personally liable for harassing or allowing harassment to happen.
- Let’s begin by considering what the law requires. Title VII prohibits ERs with 15 or more EEs from discrimination in employment based on race, color, national origin, religion or sex. The U.S. EEOC has issued a comprehensive definition of sexual harassment. Stay tuned. Courts have interpreted sexual harassment as a form of sex discrimination that is prohibited by Title VII. State civil rights and fair employment laws also prohibit sexual harassment in the workplace. The Washington State Law Against Discrimination (RCW 49.60) prohibits sex discrimination which includes sexual harassment.
- According to the EEOC, sexual harassment is sexual conduct that is unwelcome, harmful or illegal. Unwelcome conduct can include sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature, and displays of sexually explicit or suggestive materials. Harmful conduct is conduct that can harm either the physical or emotional health of the victim or of witnesses to the conduct. This can also negatively affect the atmosphere of the workplace in general. ALL forms of sexual harassment are illegal and cannot be tolerated.
- HAND OUT COMPANY POLICY
- In order to preserve a respectful and dignified workplace, the company maintains and enforces an effective policy that establishes a complain procedure and outlines penalties for harassers. The policy is the first line of defense against liability for sexual harassment. It is also one of the best ways to help prevent sexual harassment in the organization because it creates awareness of the problem and puts everyone on notice that such behavior will not be tolerated.
- Yakima Fruit’s policy: Uniformly and sensitively communicates the company’s position against sexual harassment so that everyone understands what is and is not acceptable workplace behavior; Promotes compliance and prevention by defining the responsibilities of supervisors and employees in preventing sexual harassment and in responding quickly and thoroughly to any complaints; and Protects your rights by fostering and maintaining a respectful and dignified work environment by preserving confidentiality whenever possible and by communicating and enforcing a policy of “no retaliation” against anyone who reports sexual harassment. Make sure that all employees understand the policy. Bring it up during team meetings. Post the policy. Ensure that the information is available to all employees at all times. Make it clear that this policy will be enforced. Let employees know that the consequences for harassing a co-worker include discipline, up to and including termination of employment. Never ignore an incident involving sexual harassment. Review the policy with your employees. Make certain that they understand their rights and responsibilities.
- Let’s see if you can recognize different forms of sexual harassment. A female employee wears a miniskirt to work. No. Employees must abide by the workplace dress code, but if the code permits miniskirts, employees have the right to wear them without being harassed. A female supervisor makes frequent comments about a male employee’s physique. Yes. Male employees can be victims of sexual harassment had have the same protection under the law as female employees. A male supervisor makes frequent comments about a male employee’s physique. Yes. Sexual harassment can happen between two people of the same gender. The key point is not the sexual orientations of the people involved, but that the harassment is sexual in nature.
- No. This exchange is not unwelcome. However, it may violate the company email policy. If one of the EEs suddenly complains of sexual harassment, the claim probably won’t (keep in mind – I’m not an attorney) stand because the EE had been participating in the behavior and had not indicated it was offensive. If one of the EEs does decide that the exchange is no longer welcome, they need to communicate this to the other EE – and the other EE needs to stop sending jokes. No. A request for a date is not sexual harassment. However, if the answer is “no,” the EE should not ask repeatedly. This can be a form of sexual harassment. No. People can and do form relationships with co-workers. As long as both people consent to the relationship, this is not harassment. Remember that only unwelcome sexual conduct is unlawful.
- An employee posts a swimsuit calendar in his work area. Yes. Under the EEOC definition, posting a swimsuit calendar is considered a “visual display of explicit or suggestive materials.” A female employee posts a male pinup in her work area. Yes. For the same reason as the previous example. It doesn’t matter if the visual display is of a man or a woman. A good customer makes provocative comments to employees. Yes. Customers or clients can be guilty of sexual harassment, just like employees.
- There are two main forms of sexual harassment. The first form is called tangible employment action, which is a legal phrase that evolved from the older term, quid pro quo or “this for that.” Essentially, tangible employment action is unlawful harassment that results in monetary loss or significant changes in someone’s workload or assignment if they refuse a sexual request. Being passed over for promotion or a raise or being given the least desirable assignments all the time for refusing the sexual overtures of someone in authority over your job are all examples. Economic harassment focuses on the harm to the victim rather than the conduct of the harasser. The company is automatically liable for a supervisor’s actions that create a hostile work environment and that result in a tangible employment action. NOTE: The supervisor may also be personally liable. The company is automatically liable only if the threat of job detriment or promise of job benefit actually results in an employment action such as termination, promotion, demotion or reassignment o a considerably different position. If no tangible employment action is taken against the EE by a supervisor, the company would probably (remember, I’m not an attorney) not be held liable if it can show that it made a reasonable effort to prevent and immediately correct harassment and that an EE unreasonably failed to make a complaint under the policy.
- Hostile work environment is the more common form of sexual harassment. Conduct that is either severe or pervasive (or both) constitutes a hostile work environment. Severe harassment may happen in one instance if it involves a particularly offensive comment or some sort of physical touching. Example: John is leering at and intentionally brushing against Sally. Pervasive harassment involves less serious conduct that happens frequently over a long period of time. Example: Jill has a calendar of nude males on her cubicle wall that is visible to passersby. The offensive conduct might be aimed specifically at certain persons or it might be more generalized throughout the workplace. Regular and repeated conduct can include items displayed in the workplace that unreasonably interfere with job performance or that create an intimidating, hostile or offensive work environment.
- This is tangible employment action. This describes a hostile work environment. This also describes a hostile work environment. This is tangible employment action.
- The company may be liable for a hostile work environment created by an employee’s co-workers if the company knew or should have known of the harassment and did not immediately address it. For example, if an EE complains to anyone in a supervisory or management role about a co-worker’s posting of a “pinup” calendar, the company has been put on notice and must immediately address and correct the situation. The company may also be held liable for sexual harassment of EEs by customers, clients, and independent contractors if the company knew or should have known about the problem and did nothing to stop it. This is why it is so important for you to encourage EEs to report sexual harassment immediately and why it is critical for the company to act o EE complaints promptly and effectively.
- It is important to understand who is affected by sexual harassment laws and workplace policies when incidents occur in the workplace. Those who commit sexual harassment can be anyone in the organization at any level. In other words, unlawful harassment can travel up, down, and sideways within the organization. Clients or customers an also be guilty of committing sexual harassment against employees. Harassers and victims can be members of the same sex. There can be male-to-male or female-to-female acts of sexual harassment. The key is not the sexual orientation of the person or persons involved, but rather that the act of harassment is sexual in nature. Ordinary socializing in the workplace that may include horseplay or even flirtation between members of the same sex will generally NOT be considered harassment; instead, the harassment must be of a severely hostile or abusive nature. Sexual harassment laws and policies also affect those who experience sexual harassment. These include: Direct targets of sexual harassment – for example, someone who is constantly subjected to a co-worker’s sexual advances is a direct target of sexual harassment and therefore a victim of an unlawful act. Bystanders and witnesses may also be considered to be sexual harassment victims, depending on the specifics of the case. In other words, if you witness acts of sexual harassment against a co-worker, you may also be considered to be affected by harassment and may be protected under the law. This about any incidents of sexual harassment that you have had to handle. What type of harassment was involved? Who was affected? How was the incident handled? How was the problem resolved?
- It’s time to ask yourself…
- Let’s look at how to handle employee complaints of sexual harassment, how to investigate charges, and how to take corrective action. In most cases, you will be the first person in management to whom an employee comes to complain about sexual harassment. So encourage employees to come forward if they have been sexually harassed. Make sure that there are no obstacles to filing complaints in your department. Respond to all complaints. I cannot stress how important this is! Never ignore any complaint or discourage employees from making complaints. Report the incident immediately to the proper authority listed in the company’s policy. Once a complaint is made to you, a court will say that the organization has officially been put on notice that there is a problem. If you ignore the problem, the company could be held liable on the basis that it knew or should have known about the harassment. Keep in mind that the policy allows employees to bypass the normal chain of command when making harassment complaints if the alleged harasser is a supervisor. Make sure you know the name and phone number of the person in the company to whom employees should report sexual harassment if not to you.
- Make it clear that complaints will be handled as confidentially as possible. There is no way to guarantee complete confidentiality and conduct an effective investigation. Certain information must be revealed to the alleged harasser and potential witnesses. However, information will only be shared with those who need to know about it. Any records related to the complaint and investigation will be kept confidential. Strike a balance between confidentiality and the need to investigate. A conflict could arise if an employee informs you about sexual harassment but asks you to take no action. Inaction by a supervisor in such circumstances could lead to liability for the company. While it may seem reasonable to let the employee determine whether to pursue a complaint, we have a duty to prevent and correct harassment. Therefore, you cannot promise an employee that you will take no action in such cases. Make every effort to protect everyone’s rights, including the alleged harasser. Until someone admits particular conduct or until an investigation determines that the conduct occurred, you need to keep an open mind.
- When an incident involves an isolated comment or action of a minor nature, a word or two from you may be all that is needed to deal effectively with the situation. Follow these guidelines: Determine the exact nature of the incident. Find out exactly what happened and who was involved. If this is not an isolated incident, report the case per the policy. If it is a minor, one-time incident, you can proceed to handle it on your own. Be sure to report the incident per the policy. The parties may have been involved in other incidents that you are not aware of and the company may need to take further action. Sit down with the alleged harasser and hear their explanation of the incident. Sometimes people honestly don’t realize how their words or actions affect other people. Explain that behavior of the kind alleged is not tolerated in the company. Review the policy. Make it clear that any future incidents will result in disciplinary action, up to and including termination of employment. Reassure the victim that the matter has been handled and they should not expect any further trouble. Also make it clear to the victim that if there is even a hint of the offensive behavior continuing, the employee should report it immediately so further steps can be taken. Monitor the situation carefully to make sure there is no further problem – and no retailiation.
- Anything that is done by the alleged harasser, co-workers, or management that is an adverse action against the employee who filed the complaint is considered retaliation. You can see various forms of adverse action on the slide. This doesn’t mean that you cannot change an employee’s job duties, etc. It cannot, however, be done in relation to the complaint being filed. Be sure you have clear business needs for the change and document those needs.
- Why is it important to prevent sexual harassment in the workplace? Compliance with Title VII of the Civil Rights Act, which prohibits sex discrimination (including gender identity, change of sex and/or transgender status) is required by law. Sexual harassment harms us all. The most important part of the company’s values is to ensure all employees are treated with respect and dignity. Engaging in, condoning or not reporting sexual harassment are in direct conflict with company policy. Sexual harassment and retaliating against an employee who complains of sexual harassment is illegal under Federal and State law.
- Once you are on notice of harassment, you must take action. You’ll have to talk to Jesse and hope that this stops the behavior. Follow up with Jill to be sure Jesse has stopped. We don’t know what the guys are talking about, but the situation is problematic. Women are being excluded and mocked. You need to speak to the guys. Boss/subordinate dating is a problem. Even though the parties appear to be willing participants, if the relationship sours, and the subordinate gets a low raise or misses out on a promotion, the subordinate is likely to claim sexual harassment and retaliation. The claim will be hard to disprove. Many organizations have policies governing these relationships. You may want to consider moving one of the parties to another job. At a minimum, you might speak to the subordinate to be sure that the relationship is consensual.
- You have to put a stop to this, especially since Alice has asked Alex to stop. There is trouble brewing here. Although it may be fun for some, this behavior is not appropriate for the office. You must put a stop to it. This is the classic “he said, she said” situation. First, be sure you conduct a full investigation. Often in these situations, other co-workers will be able to substantiate one side or the other. If the allegations turn out to be true, you need to take action against Nick. Not only is he harassing, he lied to you about it. If you can’t substantiate the allegations either way, at a minimum you should send a memo to both parties stating the result of the investigation, reiterating policies, expectations, and punishments (where applicable). Often this will deter further misbehavior.