harassment guidelines for managers and supervisors

Sexual Harassment Training:Guidelines for Supervisors

and Managers

Presented ByCalvin House

Gutierrez, Preciado & House, LLP

Gutierrez, Preciado & House, LLP Employment Lawyers for Employers

WHAT IS SEXUAL HARASSMENT?


Title VII

• Federal statute• 15 or more employees for 20 calendar weeks

this year or last• Bars “discrimination” on the basis of “race,

color, religion, sex, or national origin”• No individual liability


Interpreted to ban harassment:

• Based on a protected characteristic• Offensive to a reasonable person with the

same characteristic• Sufficiently severe and pervasive to alter the

terms and conditions of employment


Recognizing harassment

• Actions• Words• Attitude


Employer responsibility for complete work environment

• Internet• Office romance• Non-employees in the workplace• Off-site conduct


Anyone can be a harassment victim


HOW DO YOU PREVENT SEXUAL HARASSMENT?


Supervisors are critical

• Automatic liability for supervisor harassment• Eyes and ears of the employer• Faragher defense


Employer policies

• Express ban on harassment• Complaint process (Faragher defense)– Complaint– Investigate– Consequences

• Express ban on retaliation


Supervisor responsibility

• Role model• Educate and train• Open door policy• Respond to complaints• Impose discipline


PROBLEMS:HOW WOULD YOU HANDLE THIS?


Let’s have a drink after workMale Supervisor: Brooke. It's Friday and you've worked hard all week. How about you and I go out for a drink after work.

Female: No thank you. I have plans with my fiancé, Joe.

Male Supervisor: Oh, come on. You'll have a good time. You know, if you're not nice to me, I'll have to remember that when we interview for your promotion. Heh. Heh.


Did you hear the one about?Email from Joe Jones to [Entire Office]:

I just heard the funniest joke from one of my drinking buddies. It seems a traveling salesman got lost on a back country road, and pulled up to a dilapidated farmhouse to ask for directions and some water. The door was answered by the farmer’s daughter who said: [BLEEP]


You can’t tell anyoneFirst Employee: Hi Kelly. Do you have a minute?

Second Employee: Sure.

First Employee: Well, something really bad happened yesterday. But, if I tell you, you can't tell anyone else.

Second Employee: OK. But, what in the world happened.

First Employee: I was sitting at my desk, and Tom came up to talk to me. He put his arm around my shoulder and asked me to go with him to the staff meeting. I felt very uncomfortable, but I didn't say anything, because I thought he'd get angry.

Second Employee: Oh, don't worry. That's the way he is with everybody.


She said …Female Employee: Oh, it was so scary. Yesterday, when I got on the elevator with this guy named Johnny, he got behind me. And, then when the doors closed, he grabbed my shoulders, and then he tried to kiss me.


He said …Male Employee: No way that happened. She's been after me for weeks since I turned her in for falsifying her time. I stayed as far away from her as I could in that elevator.


CALIFORNIA SPECIFIC CONTENT


Why must we do this?

• It is the law• Preserves company resources• Keeps employees productive


FEHA is the California law

• Fair Employment and Housing Act• One or more employees• Expressly bans harassment• race, religious creed, color, national origin,

ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation


Individual liability

• Individual harasser is liable• Employer is also liable if the conditions are

met


Effect of complaint system

• Not a complete defense• Damages limitation

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