Christina conducts a mock sexual harassment training to demonstrate some of the tricky issues with this sensitive topic.

1. Sexual Harassment
Mock Training
Christina M. Jepson
April 9, 2013
Salt Lake City
25th ANNUAL EMPLOYMENT LAW SEMINAR
parsonsbehle.com

2.  You all work for Happy Cats Manufacturing
 You manufacture forklifts
 Your employees include corporate staff,
salespersons, and manufacturing
employees – mix of employees
 You have had some complaints about
discrimination recently – sex and race
 There are some cultural issues that need to
change
Mock Training
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3.  You are all in “management,” but
management includes people from the
manufacturing side who are not used to a
“corporate” type environment – they are used
to some course language and behavior
 I have been called in as an outside attorney
to train management on discrimination and
harassment
 We have some moles in the audience
Mock Training
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4.  We will stay in role and run like a normal
training
 Please ask questions and stay in character
 I will try to demonstrate “good” training
 Here we go!
Mock Training
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5.  Welcome!
 Today we are going to talk about employment
discrimination and sexual harassment and
discrimination in particular
 Let’s make this an interactive discussion
 Who made a joke about the training on the
way over?
Employment Discrimination
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6.  What is employment discrimination – treating
people differently because they fall in a
certain class
– Protected classes of workers under Title VII of
the Civil Rights Act of 1964
– The Americans with Disabilities Act (disability)
– The Age Discrimination in Employment Act
– Other federal laws (veteran status)
– State anti-discrimination laws
Employment Discrimination
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7.  Race, color, and national origin
 Religion – unique in Utah
 Sex/gender, pregnancy, and childbirth
 Sexual orientation, sexual identity, and transgender
status – talk to HR
 Age (over 40)
 Disability – can’t discriminate (accommodation also
applies – talk to HR)
 Veteran status
 Affirmative action (government contractor)
Protected Categories
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8.  Treating anyone differently in their job
because they are in a protected class:
– Hiring/Firing
– Compensation/Benefits
– Terms and conditions of employment
– Privileges
– Retaliating if someone makes a complaint
What is Discrimination?
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9.  Harassment is also a form of
employment discrimination
 Harassment is creating an unwelcome hostile
work environment for someone in a protected
classes
 We focus on sexual harassment, but it
applies to all protected classes
Harassment
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10.  What is a hostile work environment?
Hostile Work Environment
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11.  Harassment includes a hostile work environment
– Conduct that creates an intimidating, offensive or
hostile work environment or interferences with work
performance due to a protected class like sex, race,
age, etc.
– Things people say – disparaging
– Things you show – posters, photos, cartoons
– Things you do – unwanted touching
– Threatening a job – victim has to submit to
conduct to keep job or get benefit
Hostile Work Environment
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12.  Hostile work environment
– Can be created by managers, employees,
customers or vendors
– Company condones it if the company does
not stop it – you play a critical role in that
– Harasser and victim can be of the same group
Hostile Work Environment
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13. Harassment Is Unwelcome
 Unwelcome – employee did not solicit or
invite it, and the employee regards the
conduct as undesirable or offensive
 Objectively undesirable or offensive
 What would a jury think?
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14.  Quid pro quo
– Submission to sexually harassing conduct as
a term of condition for employment
– Submission to or rejection of such conduct as
used as the basis for employment decision
If you do something for me, I’ll do something
for you
Sexual Harassment
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15.  Quid pro quo examples
– Promise of a raise for sexual favors
– Can even come up in a “consensual”
relationship
– Poor performance evaluation resulting in
decreased bonus or raise for reluctance to
provide sexual favors, date, submit to sexual
conduct
Sexual Harassment – Examples
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16. Sexual Harassment – Examples
 Behaviors that constitute sexual harassment
– Sexual remarks
– Suggestive looks
– Kissing, panting or sexual sounds
– Deliberate touching
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17. Sexual Harassment – Examples
 Behaviors that constitute sexual harassment
– Pressure for dates
– Pressure for sexual favors
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18.  Behaviors that create a hostile environment
– Cartoons or posters of a sexual nature
– Pictures and jokes on computer, email
– Vulgar or lewd conduct
– Sexist remarks
– Demeaning gender references (“bitches,”
“sluts,” etc.)
Sexual Harassment – Examples
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19.  What you just learned about hostile
environments based on sex is also applicable
to hostile environments based on other
protected classes: race, color, national origin,
religion, age, disability, veteran status, etc.
 Examples?
All Protected Classes
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20.  Managers must take steps to prevent such
harassment and promptly handle employee
complaints about it
 If you receive a complaint (formal or
informal), witness inappropriate behavior,
hear about inappropriate behavior, or suspect
inappropriate behavior, you must contact
Human Resources immediately
Your Role
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21. Your Role
 Managers must
– Be good role models
– Take steps to stop harassment
– Document incidents with the assistance of HR
– Report incidents to HR immediately
– Do not conduct investigations unless
authorized to do so
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22. Dealing with Harassment Claims
 Courts look at how a company addresses
issues
 If a supervisor or manager is aware of
harassment by others and does nothing or
doesn’t do enough, Happy Cats will be liable
for the harassment
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23. Consequences
 If you do not report it, Happy Cats can
get sued
 You may get sued
 The company may lose the lawsuit
 Morale is damaged
 The company’s reputation is damaged
 Work suffers
 This is serious
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24.  Take every complaint seriously
 View complaint broadly
 Contact HR
 HR will investigate
 Do not ignore!
Dealing with Complaints
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25. Dealing with Harassment Claims
 If supervisor or manager participates in
harassment, company will be liable for
harassment unless:
1) company took reasonable steps to prevent
and correct harassment and
2) victim unreasonably failed to complain
about the harassment or otherwise failed
to prevent harm
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26.  Employers take necessary steps to prevent
harassment
– Adopt a no-tolerance policy
– Develop appropriate sanctions
– Inform employees of their rights and
responsibilities
– Develop methods to sensitize all
Preventing Unlawful Harassment
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27.  Preventive program should include:
– Proper policy
– Proper training
– Proper investigation
– Proper corrective action
– Proper auditing
Preventing Unlawful Harassment
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28. Questions?
Conclusion
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29.  Christina M. Jepson
direct: (801) 536.6820
cell: (801) 209.7805
email: cjepson@parsonsbehle.com
Thank You
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