sexual harassment for the hr professionalpages.thinkhr.com/rs/thinkhr/images/thinkhr sexual... ·...

Sexual Harassment for the HR Professional

Don Phin, Esq.VP, Strategic Business Solutions

We highly recommend that you download the slides prior to the webinarat http://ow.ly/Mj25s (case sensitive)

• This session is being recorded.

• Download the slides at http://ow.ly/Mj25s

• You will receive a link to the recording after the webinar.

• We will provide the HRCI code at the end of the webinar.

• Questions will be answered within 72 hours.

1 2 3 4

Sexual harassment

law

Creating a sexual

harassment prevention

program

Investigations Questions and

answers

Download slides: http://ow.ly/Mj25s

How confident are you in your ability to prevent sexual harassment claims at your company?

Poll

Sexual harassment law

1


Sexual harassment law

1964 Civil Rights ActCompanies with 15+ employees or if engaged in interstate commerce

EEOC RegulationsDefine sexual harassment and identify it as a form of sex discrimination

Vinson v. Merit One BankSupreme Court ruling that sexual harassment can be sex discrimination prohibited by Title VII of the Civil Rights Act of 1964


Sexual harassment violations

• Unwelcome sexual advances

• Offering employment benefits in exchange for sexual favors (quid pro quo, meaning “this for that”)

• Making or threatening reprisals after a negative response to sexual advances

• Visual conduct: leering, sexual gestures, displaying of suggestive objects or pictures, cartoon or posters

• Verbal abuse: derogatory comments, epithets, slurs, and jokes

• Physical: touching, blocking, assault


It’s about power

Strength=Power

Resources=Power

Knowledge=Power


It’s about the laws of attraction


It’s about perception

• Men are from Mars, women are from Venus

• Funny to you, insulting to me

• Respect differences


It’s about not getting it

Some just don’t get it or want to get it!


Provocation and consent

• Behavior

• Dress

• Speech


Defense that won’t work

• Boys will be boys

• I didn’t mean anything by it

• She asked for it


Employer liability—direct harassment

Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton (1998) the Supreme Court made clear that employers are subject to vicarious liability for unlawful harassment by supervisors.

If the harasser is in some kind of superior position in the company compared to the victim of the harassment, and a tangible job action occurs that is unfavorable for the employee, there is no way for the company to escape liability, even if it did not know of the harassment and had no way of knowing about it.


Employer liability—direct harassment

If no “tangible” action is taken, the employer may avoid liability or limit damages if:

• the employer exercised reasonable care to prevent and correct promptly any harassing behavior, and

• the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.


Creating a sexual harassment

prevention program

2


Prevention strategies

• Comply with posting and handout requirements

• Educate and train on policies and law

• Find out if there is a problem

• Conduct a prompt and thorough investigation

• Take remedial action

• Seek professional advice


The company policy

• Inform employees of the law

• Inform employees of their rights to complain internally and externally to EEOC or state agency

• Alternate reporting channels, including third party hotlines

• Zero tolerance language

• Required to report


The culture of silence

• It’s not my job.

• I don’t know what to do.

• I am afraid.


The employee compliance survey


Do you conduct sexual harassment training?

Poll


Investigations

3


Have you ever had to conduct a sexual harassment investigation?

Poll


Investigations

• Prompt and thorough

• Limitations on victim behavior

• Facts, documents and witnesses

• Get it in writing

• Watch confidentiality

• Witnesses and the NLRA

• Safe environment


Employee complaint form


Investigation checklist


Taking action

• If harassment is proven, there must be prompt and effective remedial action.

• Inform the parties, stop the conduct and remedy any losses.

• Make the discipline fit the crime.

• Is it systemic?

• Is additional training needed?


Prevent retaliation

• Retaliation is the fastest growing claim

• Guard against “negative filters”

• Use an ombudsperson


EPLI policies


Working with lawyers


Conclusion

• Send a message from the top

• Train everyone

• Break past the culture of silence

• Investigate and take action

• Discipline appropriately


Questions and ThinkHR support

4


Accessing Your ThinkHR Resources

Sign inThinkhr.com or your broker’s custom URL

Contact the ThinkHR Live team877-225-1101 or via the ThinkHR Workplace

Don [email protected]


HRCI and Future Webinars

HRCI Code245352

Future WebinarsUnderstanding the NLRB’s New Agenda and How It Affects Non-Union Employers (1 HRCI credit)Steve Schuster of Constangy, Brooks, Smith & PropheteWednesday, May 13 at 8:30 a.m. Pacific

What Employers Need to Know about the Final ACA Reporting Forms (1 HRCI credit)Thursday, May 7 at 8:30 a.m. Pacific


sexual harassment for the hr professionalpages.thinkhr.com/rs/thinkhr/images/thinkhr sexual... ·...

Documents