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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

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