workplace environment preventing_sexual_harassment
TRANSCRIPT
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