workplace environment preventing_sexual_harassment

Preventing Sexual Harassment

Preventing Sexual Harassment

Your employer prohibits harassment in the workplace and is committed to maintaining a hostile-free work environment for all of its employees.

Preventing Sexual Harassment

Training helps you understand what to do if you believe your company sexual harassment policy is being violated.

Preventing Sexual Harassment

Read and understand your company sexual harassment policy.

Preventing Sexual Harassment

Contact your human resources department with any questions you might have about the policy.

Legal Overview

Legal Overview

Unlawful harassment is a serious matter, so you need to be clear about what is and isn’t unlawful harassment.

Legal Overview

The Equal Employment Opportunity Commission (EEOC) guidelines define harassment on the basis of sex.

Legal Overview

The EEOC guidelines state the same principles apply to harassment on the basis of race, color, religion or national origin.

Legal Overview

The same principles apply to other protected characteristics such as age and disability.

Definition – Sexual Harassment

Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

Definition – Sexual Harassment

1. Submission to such conduct is made either explicitly or implicitly a condition of an individual’s employment.

Definition – Sexual Harassment

2. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individuals.

Definition – Sexual Harassment

3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Legal Overview

Company policy may differ from the law.

Legal Overview

Conduct may violate your company policy even though it doesn’t violate the law.

Legal Overview

You need to understand your company policy and the law.

Legal Overview

Commenting on the fact that a person looks nice isn’t sexual harassment.

Legal Overview

However, if comments are frequent and mention how your body looks, they cross the line.

Legal Overview

Uncomfortable is the key word.

Legal Overview

Sometimes it is hard to know where the lines are and what is illegal.

Hostile Work Environment

Hostile Work Environment

If you’re being made uncomfortable in your work environment, or someone’s conduct is unwelcome, review your company policy.

Hostile Work Environment

Contact your human resources department if you’re feeling uncomfortable or threatened.

Hostile Work Environment

Tell the person his or her advances are not welcome.

Hostile Work Environment

Offensive language and telling off-color jokes can be construed as sexual harassment.

Hostile Work Environment

People usually back off if you let them know you don’t like their behavior.

Hostile Work Environment

Check your company harassment policy.

Hostile Work Environment

Offensive behavior is not unlawful unless it is pervasive.

Hostile Work Environment

Behavior has to be so offensive that it affects a reasonable person’s ability to work.

Hostile Work Environment

Some courts recognize that men and women think differently, and some things tend to offend many women but aren’t offensive to men.

Hostile Work Environment

To be actionable under the law, the claimant must prove that:

Hostile Work Environment

He or she has been subjected to unwelcome harassment.

Hostile Work Environment

The harassment was based on sex.

Hostile Work Environment

The harassment was sufficiently severe or pervasive that it altered terms and conditions of claimant’s employment and created an abusive working environment.

Hostile Work Environment

To be a violation of the law, the harassment has to be so bad that it gets in the way of a person’s ability to work.

Hostile Work Environment

Sexual harassment applies equally to offensive language, including vulgar jokes, profanity and pictures.

The Complaint Procedure

The Complaint Procedure

Follow company policy so it has an opportunity to stop the offensive behavior.

The Complaint Procedure

This includes when an employee is uncomfortable with the conduct of one of the company’s customers or with people who the employee must deal with in the workplace.

The Investigation

The Investigation

When the company is made aware of a potential problem, it has a duty to investigate it.

The Investigation

When an employee reasonably believes the policy is being violated and initiates the complaint procedure, there will be no retaliation.

The Investigation

A formal, written complaint does not need to be made to initiate an investigation.

The Investigation

When your company is on notice of concern, action will be taken.

The Investigation

What the supervisor knows, the company knows.

The Investigation

Companies treat hostile environment claims as a serious matter.

The Investigation

Employers are charged with investigating complaints and, where appropriate, taking prompt and effective remedial action.

The Investigation

If a complaint is received, management will conduct a thorough and impartial investigation.

Effective Remedial Action

If your company policy was violated, the company will take prompt and effective remedial action.

Confidentiality

By law, it is not required to make the corrective action known to the employee making the complaint.

Confidentiality

Just because it’s not publicized doesn’t mean the alleged harasser was not punished.

Prevention

Prevention

Communication and using good judgment is the key to creating a respectful workplace in which everyone feels comfortable.

Prevention

Be sensitive to whether your conduct is welcome or not.

Prevention

If someone says they’re offended, then apologize.

Prevention

If someone does apologize, you should try your best to forgive them.

Preventing Sexual Harassment