preventing sexual harassment a guide for employees
TRANSCRIPT
© BLR®, a division of Simplify Compliance LLC 1812.01
Preventing Sexual HarassmentA Guide for Employees
© BLR®, a division of Simplify Compliance LLC 1812.01
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Sexual harassment—what you need to know to prevent this illegal, unproductive, unpleasant, and sometimes hostile working environment
Welcome
Welcome to BLR training.
• This training course is about sexual harassment in the workplace. It’s an important subject because sexual harassment is a form of illegal discrimination under federal and state civil rights laws.
Our workplace also prohibits sexual harassment, both because it is illegal and because it creates an unproductive, unpleasant, and sometimes even hostile working environment. And that’s not what we want for our workplace or our employees.
This course will cover what sexual harassment is, why it is harmful, and what you can do about it.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Session Objectives
• Recognize sexual harassment when it occurs
• Understand and follow workplace policy regarding sexual harassment
• Report incidents and cooperate in investigations
• Help promote and maintain a comfortable, productive work environment
By the end of the session, you should be able to:
• Recognize sexual harassment when it occurs;
• Understand and follow workplace policy regarding sexual harassment;
• Report incidents and cooperate in investigations; and
• Help promote and maintain a comfortable, productive work environment.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Why This Training Course Is Important
Why do you need to know about sexual harassment? There are many important reasons.
Why do you need to know about sexual harassment? There are many important reasons.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Positive Work Environment
We want you to be able to work in a positive environment that is free of sexual
harassment.
Why This Training Course Is Important
Positive Work Environment: We want you to be able to work in a positive environment that is free of sexual harassment.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Fair Treatment
Why This Training Course Is Important
We all have the right to fair treatment at work, and we want to be able to work in a comfortable, productive environment.
Fair Treatment: We all have the right to fair treatment at work, and we want to be able to work in a comfortable, productive environment.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Harmful
Why This Training Course Is Important
Sexual harassment harms everyone, not just the person targeted. It undermines the trust and respect necessary for employees to work together effectively.
Harmful: Sexual harassment harms everyone, not just the person targeted. It undermines the trust and respect necessary for employees to work together effectively.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Prevention
Why This Training Course Is Important
If you understand what sexual harassment is and why it is harmful, we can all work to
help prevent it.
Prevention: If you understand what sexual harassment is and why it is harmful, we can all work to help prevent it.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Knowledge Check 1
Knowledge Check 1
Before we begin the session, let’s take a few minutes to see how much you already know about sexual harassment in the workplace.
Trainer: There is no feedback for this first group of questions. They serve as an introduction and may help you access the current knowledge of your learners before the training begins.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Sexual harassment is only illegal if it is committed by a supervisor or manager.
Knowledge Check 1
o True
o False
1
1. Sexual harassment is only illegal if it is committed by a supervisor or manager.
o True
o False
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
This is false.
Knowledge Check 1
o True
o False
Sexual harassment is only illegal if it is committed by a supervisor or manager.
1
This is false.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
It is against the law for your employer to retaliate against you for filing a sexual harassment complaint.
Knowledge Check 1
o True
o False
2
2. It is against the law for your employer to retaliate against you for filing a sexual harassment complaint.
o True
o False
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
This is true.
Knowledge Check 1
o True
o False
It is against the law for your employer to retaliate against you for filing a sexual harassment complaint.
2
This is true.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
There is little you can do to prevent sexual harassment in the workplace.
Knowledge Check 1
o True
o False
3
3. There is little you can do to prevent sexual harassment in the workplace.
o True
o False
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
This is false.
Knowledge Check 1
o True
o False
There is little you can do to prevent sexual harassment in the workplace.
3
This is false.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Someone who sexually harasses another employee could be disciplined.
Knowledge Check 1
o True
o False
4
4. Someone who sexually harasses another employee could be disciplined.
o True
o False
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
This is true.
Knowledge Check 1
o True
o False
Someone who sexually harasses another employee could be disciplined.
4
This is true.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
What Is Sexual Harassment?
Sexual Harassment―Unwelcome conduct based on sex or gender.
sexual advancesrequests for sexual favors
offensivecomments
physicalcontact
displays of sexually explicit or suggestive
materials
So just what is sexual harassment? It’s a complicated issue, but in the workplace, there is a straight forward definition. Put simply, sexual harassment is unwelcome conduct based on sex or gender.
It can include:
• sexual advances;
• requests for sexual favors;
• offensive comments;
• physical contact; or
• displays of sexually explicit or suggestive materials.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Harassment and Social Media
Inappropriate electronic material
Inappropriate comments, jokes, or images are examples of harassing behavior whether they’re communicated face‐to‐face, by e‐mail, through a text message, or by posting on a social networking site. Technology has made it simple to create and communicate a message, photo, or video with just the click of a button.
• But inappropriate materials can constitute harassment whether they’re communicated face‐to‐face or electronically. A message is out of your control once it’s sent electronically. It can be forwarded to any number of individuals and made available for public viewing on the Internet.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Harassment and Social Media
Inappropriate electronic material
Suggestive messages
• Employees should be careful not to post offensive messages on social networking sites or to transmit sexually suggestive messages by e‐mail, cell phone, or other electronic means. If it’s inappropriate conduct in person, it’s inappropriate in any form of electronic media and may constitute unlawful workplace harassment.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Harassment and Social Media
Examples
Inappropriate electronic material
Suggestive messages
Examples of inappropriate conduct include:
• A sexual comment about an employee’s photo posted on a social networking site;
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Harassment and Social Media
Examples
Inappropriate electronic material
Suggestive messages
• Repeated text messages asking for a date;
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Harassment and Social Media
Examples
Inappropriate electronic material
Suggestive messages
• Offensive photos or videos sent via e‐mail or cell phone;
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Harassment and Social Media
Examples
Inappropriate electronic material
Suggestive messages
• Sexual innuendo in a tweet, text, or e‐mail.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Sexual Harassment and the Law
• Title VII
• State law
• Enforcement
Let’s consider what the law says about sexual harassment.
• Federal law under Title VII of the Civil Rights Act prohibits sexual harassment, including harassment based on a person's sexual orientation or gender identity, as a form of sex discrimination.
• State laws that address civil rights and fair employment practices also prohibit sexual harassment in the workplace.
• The federal Equal Employment Opportunity Commission or EEOC and state fair employment agencies enforce the laws that prohibit sexual harassment.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Meet Nick
Let’s look at a case involving possible harassment from a client—and what management did or did not do about it.
• Meet Nick. He’s a sales rep at a well‐established company. Recently, Nick’s new client, Susan, asked him out to dinner, and he politely declined.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Meet Nick
• Susan said, “Well, I’m not this successful because I give up easily. I’ll just keep asking you until you agree. Remember, Nick, my account can make or break your career.” Nick politely told Susan “No” several more times, but she asked him out repeatedly. Nick finally reported the incident to his manager.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Meet Nick
• His manager told Nick that he’s being oversensitive and advised him to “just see how it goes.” Nick now dreads future meetings with Susan, but it is a really important account.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Is this a case of sexual harassment in the workplace?
Nick’s Case
o Yes
o No
Is this a case of sexual harassment in the workplace?
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Is this a case of sexual harassment in the workplace?
Nick’s Case
o Yes
o No
Yes it is. Nick may have a valid sexual harassment claim. In this case, Susan’s conduct continued over time without redress after Nick told his manager about her inappropriate conduct.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Hostile Work Environment
Quid pro quo
Types of Harassment
There are two types of sexual harassment that are unlawful. They are:
• Quid pro quo, and
• Hostile work environment.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Types of Harassment
Quid pro quo
• Quid pro quo is a Latin phrase that basically means “this for that.” This kind of harassment occurs when a person in a position of authority (like an employee’s supervisor) makes unwanted sexual advances to an employee or engages in other conduct of a sexual nature and conditions employment decisions (like a promotion) on the employee’s submission to the advances or conduct.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Types of Harassment
Hostile Work Environment
Quid pro quo
• A hostile work environment occurs when unwelcome comments or conduct based on sex unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
A Look at Quid Pro Quo
Let’s see what quid pro quo sexual harassment looks like among average employees.
• Frank is demoted after refusing advances from Mary, his supervisor.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
A Look at Quid Pro Quo
• Jane did not receive a raise because she refused to have sex with her boss.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
A Look at Quid Pro Quo
• Daryl is given a better raise than all of his coworkers and the use of a company car because he agreed to be romantic with his boss.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Harassment―must be sufficiently severe or pervasive to create a hostile working environment
Hos le work environment―also occurs when harassment unreasonably interferes with an employee’s job performance
harassment can occur whenever and wherever employees are performing their work responsibilities
Hostile Work Environment Defined
Hostile work environment sexual harassment may be committed by an employee or any other individual who is associated with the workplace―even a supervisor, third‐party client, or customer.
• Harassment must be sufficiently severe or pervasive to create a hostile working environment, so one joke or comment may not be enough to create a hostile work environment. But it may be enough to violate company policy.
• A hostile work environment also occurs when harassment unreasonably interferes with an employee’s job performance.
• And harassment can occur whenever and wherever employees are performing their work responsibilities, including business travel or an employer‐sponsored event like an office party. Harassment can occur wherever employees are performing their work duties.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
What Does Hostile Work Environment Look Like?
Jokes
Displays
Touching
Intimidation
Let’s look at some examples of a hostile work environment in the workplace.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
What Does Hostile Work Environment Look Like?
Jokes
Displays
Touching
Intimidation
Tony starts each morning telling sexually explicit jokes to his coworkers by the water cooler, and several female employees find
the jokes offensive.
Jokes: Tony starts each morning telling sexually explicit jokes to his coworkers by the water cooler, and several female employees find the jokes offensive.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
What Does Hostile Work Environment Look Like?
Jokes
Displays
Touching
Intimidation
Sarah keeps a pinup calendar on her wall that shows men in revealing clothing.
When Dan tells her he is embarrassed by the pictures and asks her to take them
down, she refuses.
Displays: Sarah keeps a pinup calendar on her wall that shows men in revealing clothing. When Dan tells her he is embarrassed by the pictures and asks her to take them down, she refuses.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
What Does Hostile Work Environment Look Like?
Jokes
Displays
Touching
Intimidation
Kyle is very personable and often stops by his female coworkers’ desks and rubs their necks. Susan asked him not to do this, so he makes a point of rubbing her neck once
each day.
Touching: Kyle is very personable and often stops by his female coworkers’ desks and rubs their necks. Susan asked him not to do this, so he makes a point of rubbing her neck once each day.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
What Does Hostile Work Environment Look Like?
Jokes
Displays
Touching
Intimidation
As a truck driver, Karen often endures intimidating remarks about her body
whenever she’s in the garage with male coworkers.
Intimidation: As a truck driver, Karen often endures intimidating remarks about her body whenever she’s in the garage with male coworkers.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Meet Kate
Listen to the following scenario.
• Kate and Mark have been dating, but the relationship is going downhill, and they both know it.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Meet Kate
• They also work at the same company, and Kate was recently promoted into the department where Mark is in charge. When Mark calls Kate into his office, she gets a bad feeling.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Meet Kate
• Mark tells Kate that breaking up with him could be a career‐impacting decision.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Meet Kate
• Surprised, Kate reminds Mark she just got this promotion, so her career is on track.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Meet Kate
• Mark tells Kate, “That may be, but breaking up with me could break my heart—and that won’t help your career.”
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
If Kate breaks up with Mark and loses her job, would this be an example of a hostile work environment or quid pro quo?
Kate’s Case
o Hostile work environment
o Quid pro quo
If Kate breaks up with Mark and loses her job, would this be an example of a hostile work environment or quid pro quo?
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Kate’s Case
If Kate breaks up with Mark and loses her job, would this be an example of a hostile work environment or quid pro quo?
o Hostile work environment
o Quid pro quo
If Kate breaks up with Mark and loses her job, this would be an example of quid pro quo harassment.
By conditioning Kate's job on their dating relationship, Mark has committed unlawful harassment.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Knowledge Check 2
Knowledge Check 2
Now let’s see if you can recognize situations involving sexual harassment.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
A female employee wears short skirts and tops with low necklines to work. Is this inviting sexual harassment?
Knowledge Check 2
o Yes
o No
Is this sexual harassment?
1
1. A female employee wears short skirts and tops with low necklines to work. Is this inviting sexual harassment?
o Yes
o No
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
No it is not. Employees do not have the right to sexually harass other employees regardless of what they are wearing or whether or not they
are violating the workplace's dress code.
Knowledge Check 2
o Yes
o No
A female employee wears short skirts and tops with low necklines to work. Is this inviting sexual harassment?
1
No it is not. Employees do not have the right to sexually harass other employees regardless of what they are wearing or whether or not they are violating the workplace's dress code.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
A female supervisor makes frequent comments about a male employee’s physique. Is this sexual harassment?
Knowledge Check 2
o Yes
o No
Is this sexual harassment?
2
2. A female supervisor makes frequent comments about a male employee’s physique. Is this sexual harassment?
o Yes
o No
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Yes it is. Male employees can be targets of sexual harassment and have the same protection under the law as female employees.
Knowledge Check 2
o Yes
o No
A female supervisor makes frequent comments about a male employee’s physique. Is this sexual harassment?
2
Yes it is. Male employees can be targets of sexual harassment and have the same protection under the law as female employees.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
A male supervisor makes sexual advances to a female employee under his supervision. He promises her a raise if she’ll go to bed with him. Is this sexual harassment?
Knowledge Check 2
o Yes
o No
Is this sexual harassment?
3
3. A male supervisor makes sexual advances to a female employee under his supervision. He promises her a raise if she’ll go to bed with him. Is this sexual harassment?
o Yes
o No
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Yes it is. The supervisor is using his power and authority to gain sexual favors from an employee and offering an inducement in return for sex.
Knowledge Check 2
o Yes
o No
A male supervisor makes sexual advances to a female employee under his supervision. He promises her a raise if she’ll go to bed with him. Is this sexual harassment?
3
Yes it is. The supervisor is using his power and authority to gain sexual favors from an employee and offering an inducement in return for sex.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
A male supervisor makes sexual advances to a male employee under his supervision. He promises the employee a promotion in exchange for dating. Is this sexual harassment?
Knowledge Check 2
o Yes
o No
Is this sexual harassment?
4
4. A male supervisor makes sexual advances to a male employee under his supervision. He promises the employee a promotion in exchange for dating. Is this sexual harassment?
o Yes
o No
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Yes it is. For the same reason as in the previous example. Sexual harassment can happen between two people of the same gender. The
key point is not the sexual orientation of the people involved but that the harassment is sexual in nature.
Knowledge Check 2
o Yes
o No
A male supervisor makes sexual advances to a male employee under his supervision. He promises the employee a promotion in exchange for dating. Is this sexual harassment?
4
Yes it is. For the same reason as in the previous example. Sexual harassment can happen between two people of the same gender. The key point is not the sexual orientation of the people involved but that the harassment is sexual in nature.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Two employees forward each other off‐color jokes that they receive in e‐mails. Is this sexual harassment?
Knowledge Check 2
o Yes
o No
Is this sexual harassment?
5
5. Two employees forward each other off‐color jokes that they receive in e‐mails. Is this sexual harassment?
o Yes
o No
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
No it is not. So long as this exchange is not unwelcomed, it would not be sexual harassment. However, if one of the employees objects and the other keeps sending the e‐mails, it would be. Also note that such
exchanges may violate the e‐mail policy at your workplace.
Knowledge Check 2
o Yes
o No
Two employees forward each other off‐color jokes that they receive in e‐mails. Is this sexual harassment?
5
No it is not. So long as this exchange is not unwelcomed, it would not be sexual harassment. However, if one of the employees objects and the other keeps sending the e‐mails, it would be. Also note that such exchanges may violate the e‐mail policy at your workplace.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
An employee asks a coworker out on a date. Is this sexual harassment?
Knowledge Check 2
o Yes
o No
Is this sexual harassment?
6
6. An employee asks a coworker out on a date. Is this sexual harassment?
o Yes
o No
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
No it is not. A simple request for a date is not sexual harassment. However, if the answer is No, the employee should respect that and not keep asking. Repeatedly asking for a date under the circumstances would
be unwelcome and therefore sexual harassment.
Knowledge Check 2
o Yes
o No
An employee asks a coworker out on a date. Is this sexual harassment?
6
No it is not. A simple request for a date is not sexual harassment. However, if the answer is No, the employee should respect that and not keep asking. Repeatedly asking for a date under the circumstances would be unwelcome and therefore sexual harassment.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Two coworkers develop a personal relationship. Is this sexual harassment?
Knowledge Check 2
o Yes
o No
Is this sexual harassment?
7
7. Two coworkers develop a personal relationship. Is this sexual harassment?
o Yes
o No
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
No it is not. Employees are free to form romantic relationships with coworkers. So long as both people consent to the relationship, this is not harassment. Remember that only unwelcome sexual conduct is unlawful.
Knowledge Check 2
o Yes
o No
Two coworkers develop a personal relationship. Is this sexual harassment?
7
No it is not. Employees are free to form romantic relationships with coworkers. So long as both people consent to the relationship, this is not harassment. Remember that only unwelcome sexual conduct is unlawful.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
An employee posts a swimsuit calendar in his work area. Is this sexual harassment?
Knowledge Check 2
o Yes
o No
Is this sexual harassment?
8
8. An employee posts a swimsuit calendar in his work area. Is this sexual harassment?
o Yes
o No
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Yes it is. Posting a swimsuit calendar is considered a visual display of explicit or suggestive materials.
Knowledge Check 2
o Yes
o No
An employee posts a swimsuit calendar in his work area. Is this sexual harassment?
8
Yes it is. Posting a swimsuit calendar is considered a visual display of explicit or suggestive materials.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
A female employee posts a male pinup in her work area. Is this sexual harassment?
Knowledge Check 2
o Yes
o No
Is this sexual harassment?
9
9. A female employee posts a male pinup in her work area. Is this sexual harassment?
o Yes
o No
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Yes it is, for the same reason as the previous example. It doesn't matter if the visual display is of a woman or a man.
Knowledge Check 2
o Yes
o No
A female employee posts a male pinup in her work area. Is this sexual harassment?
9
Yes it is, for the same reason as the previous example. It doesn't matter if the visual display is of a woman or a man.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
What if a customer makes sexually provocative comments to employees? Is this considered sexual harassment?
Knowledge Check 2
o Yes
o No
Is this sexual harassment?
10
10. What if a customer makes sexually provocative comments to employees? Is this considered sexual harassment?
o Yes
o No
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Yes it is. Customers or clients can be guilty of sexual harassment, just as coworkers and supervisors can be guilty.
Knowledge Check 2
o Yes
o No
What if a customer makes sexually provocative comments to employees? Is this considered sexual harassment?
10
Yes it is. Customers or clients can be guilty of sexual harassment, just as coworkers and supervisors can be guilty.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Retaliatory actions:
• Not limited to work
• Deter from making a complaint
Retaliatory Actions
It is unlawful for supervisors or managers to retaliate against any individual or allow other employees to create a hostile atmosphere as an act of retaliation against a coworker.
Retaliatory actions:
• Are not limited to actions that are employment‐related—that affect the terms and conditions of employment or that occur in the workplace. An unwarranted negative job reference can be retaliatory.
• Can be any adverse action that could discourage a reasonable worker from making a complaint about harassment or discrimination.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Retaliation Is Prohibited
Retaliation for engaging in protected activity is prohibited.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Retaliation Is Prohibited
Protected activity includes:
• Making a charge
• Filing a complaint
Protected activity includes:
• Making a charge;
• Filing a complaint;
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Retaliation Is Prohibited
Protected activity includes:
• Making a charge
• Filing a complaint
• Initiating litigation
• Participating in an investigation
• Initiating litigation; or
• Testifying or assisting in any proceeding, hearing, or investigation.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Meet Jenny
In light of what you’ve just learned about retaliation, consider this case:
• Gary, a manager, asks Jenny, his employee, out on a date.
• Jenny says “No” and complains to the person designated by her company to receive complaints.
• Gary hears about the complaint and fires Jenny. Gary claims he is firing Jenny for “poor performance.”
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Is this a case of workplace retaliation?
Jenny’s Case
o It’s not retaliation because Jenny did not engage in a protected activity.
o It is retaliation. Gary fired Jenny because she complained.
o It’s not retaliation because Jenny and Gary never went on a date.
Is this a case of workplace retaliation?
o It’s not retaliation because Jenny did not engage in a protected activity.
o It is retaliation. Gary fired Jenny because she complained.
o It’s not retaliation because Jenny and Gary never went on a date.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Is this a case of workplace retaliation?
Jenny’s Case
o It’s not retaliation because Jenny did not engage in a protected activity.
o It is retaliation. Gary fired Jenny because she complained.
o It’s not retaliation because Jenny and Gary never went on a date.
This is a case of workplace retaliation. Dating wasn't the motivation for Gary firing Jenny. He fired her after she filed a complaint.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Decision maker has no knowledge of protected activity
Adverse action unrelated to protected activity
No protected activity
What Is Not Retaliation?
So, Gary firing Jenny because she complained was retaliation. What is not considered retaliation?
• The employee does not engage in a protected activity. For example, if Jenny had not complained to the person designated by her company to receive complaints.
• The employer initiates an adverse employment action unrelated to the protected activity—for example, Gary fires Jenny and three other employees on the same day for time card fraud.
• The employer takes an adverse employment action when it has no knowledge of the employee’s protected activity. For example, Jenny’s poor performance is well documented and Gary doesn’t know that she has complained when he fires her for failing to meet the goals in her performance improvement plan.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Which is the correct option?
o Gary firing Jenny
o Gary asking Jenny on a date
o Jenny reporting Gary to the person designated by her company to receive complaints
o Jenny's poor performance
Which of the following was the protected activity in the "Gary and Jenny" scenario?
Knowledge Check 3
1
1. Which of the following was the protected activity in the "Gary and Jenny" scenario?
o Gary firing Jenny
o Gary asking Jenny on a date
o Jenny reporting Gary to the person designated by her company to receive complaints
o Jenny's poor performance
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
o Gary firing Jenny
o Gary asking Jenny on a date
o Jenny reporting Gary to the person designated by her company to receive complaints
o Jenny's poor performance
Knowledge Check 3
Jenny reporting Gary to the person designated by her company to receive complaints is an example of a protected activity.
Which of the following was the protected activity in the "Gary and Jenny" scenario?
1
Jenny reporting Gary to the person designated by her company to receive complaints is an example of a protected activity.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Which is the correct option?
o Gary firing Jenny
o Gary asking Jenny on a date
o Jenny reporting Gary to the person designated by her company to receive complaints
o Jenny's poor performance
Which of the following was the adverse employment action?
Knowledge Check 3
2
2. Which of the following was the adverse employment action?
o Gary firing Jenny
o Gary asking Jenny on a date
o Jenny reporting Gary to the person designated by her company to receive complaints
o Jenny's poor performance
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
o Gary firing Jenny
o Gary asking Jenny on a date
o Jenny reporting Gary to the person designated by her company to receive complaints
o Jenny's poor performance
Knowledge Check 3
Gary's firing of Jenny is an adverse employment action based on a retaliatory motive, and it is reasonably likely to deter Jenny or others
from engaging in a protected ac vity―namely, repor ng Gary's ac ons.
Which of the following was the adverse employment action?2
Gary's firing of Jenny is an adverse employment action based on a retaliatory motive, and it is reasonably likely to deter Jenny or others from engaging in a protected ac vity―namely, repor ng Gary's ac ons.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
This is only a case of retaliation if it is proven that Gary sexually harassed Jenny.
Knowledge Check 3
o True
o False
3
3. This is only a case of retaliation if it is proven that Gary sexually harassed Jenny.
o True
o False
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
This is false. Whether Gary harassed Jenny isn't the issue. The issue is whether he retaliated against her for engaging in a protected activity.
Knowledge Check 3
o True
o False
This is only a case of retaliation if it is proven that Gary sexually harassed Jenny.
3
This is false. Whether Gary harassed Jenny isn't the issue. The issue is whether he retaliated against her for engaging in a protected activity.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
This is only a case of retaliation if it is proven that Jenny’s protected activity was the reason Gary fired her.
Knowledge Check 3
o True
o False
4
4. This is only a case of retaliation if it is proven that Jenny’s protected activity was the reason Gary fired her.
o True
o False
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
This is true. In order for this to be considered retaliation, there must be a cause‐and‐effect relationship between Jenny reporting to the person designated by her company to receive complaints and Gary firing her.
Knowledge Check 3
o True
o False
This is only a case of retaliation if it is proven that Jenny’s protected activity was the reason Gary fired her.
4
This is true. In order for this to be considered retaliation, there must be a cause‐and‐effect relationship between Jenny reporting to the person designated by her company to receive complaints and Gary firing her.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Gary asking Jenny on a date one time automatically qualifies as sexual harassment.
Knowledge Check 3
o True
o False
5
5. Gary asking Jenny on a date one time automatically qualifies as sexual harassment.
o True
o False
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
This is false. Gary asking Jenny on a date does not automatically qualify as sexual harassment. However, it may be prohibited by workplace
policy.
Knowledge Check 3
o True
o False
Gary asking Jenny on a date one time automatically qualifies as sexual harassment.
5
This is false. Gary asking Jenny on a date does not automatically qualify as sexual harassment. However, it may be prohibited by workplace policy.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Sexual Harassment Policy
• Encourages employees to report
• Includes investigation process
• Requires fair treatment
• Prohibits retaliation
This organization has a policy that prohibits workplace sexual harassment. This policy explains what sexual harassment is and how to report inappropriate behavior.
The sexual harassment policy:
• Encourages employees to report offensive conduct or inappropriate behavior;
• Includes an investigative process for responding to harassment complaints;
• Requires fair treatment of all employees, including those who report harassment and those who are accused; and
• Prohibits retaliation against an employee who complains about sexual harassment.
Trainer: Now would be a good time to distribute the organization's sexual harassment and other related policies. Take a few minutes to read over them and ask if there are any questions. Also consider having the participants sign an acknowledgement that they received the policy and had the opportunity to ask questions about it.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Investigation
All complaints of sexual harassment will be investigated. Investigators will examine all the facts of the case, including interviewing everyone involved.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Who May Be Involved
Potential harassers, as we’ve seen, could include just about anyone in the workplace or connected with the workplace:
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Who May Be Involved?
• Employees at any level
• Clients and customers
• Employees of any sex
• Employees at any level;
• Clients and customers; and
• Employees of any sex.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Who May Be Involved?
All employees are responsible for reporting inappropriate or offensive behavior in the workplace, whether it’s by a boss, a coworker, or a customer. And it doesn’t matter whether you’re the target or a witness. This organization’s policy against harassment encourages employees to report offensive conduct.
Trainer: Consider discussing the organization's reporting policy. If possible, provide a handout that instructs employees who they should report to as well as an alternative.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Direct targets
Witnesses CoworkersWork
relationships
Who Is Hurt?
When sexual harassment occurs, it impacts everyone in the workplace. Those most immediately and profoundly impacted, of course, are those who experience the harassment. This includes direct targets of sexual harassment, witnesses, and coworkers.
• Direct targets of quid pro quo or hostile work environment sexual harassment are those most severely hurt by the conduct. Imagine the effect of being constantly subjected to a coworker’s or supervisor’s sexual advances or to a job in which embarrassment, disrespect, and humiliation are everyday occurrences.
• Bystanders and witnesses may also be negatively affected by what they see and hear. They may be concerned for the person targeted, as well as for themselves. They may worry about becoming targets in the future.
• Coworkers of targeted employees also can be negatively affected, even if they haven’t witnessed incidents. They, too, may feel concerned about both the targeted person and themselves.
• Work relationships among those affected by sexual harassment might deteriorate, as trust among coworkers is shaken.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Preventing Sexual Harassment: What You Can Do
• Comply with policy
To help prevent sexual harassment:
• Know and comply with the workplace harassment policy. Ask your supervisor or HR representative if you have any questions about the policy.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Preventing Sexual Harassment: What You Can Do
• Comply with policy
• Take a stand
• Take a stand against sexual harassment. Speak up and make your feelings clear to anyone who is giving you or a coworker unwanted attention. If it's uncomfortable for you to address this person directly—for example, if the harasser is your supervisor—report the incident to your supervisor's manager or to an HR representative.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Preventing Sexual Harassment: What You Can Do
• Comply with policy
• Take a stand
• Report incidents
• Report incidents of sexual harassment immediately, whether you are the direct target or not. Be sure to provide the time, place, and details of the incident, including the names of any coworkers who might have observed it.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Preventing Sexual Harassment: What You Can Do
• Comply with policy
• Take a stand
• Report incidents
• Support targets
• Support targets of sexual harassment as much as possible. Encourage them to report incidents according to workplace policy, and support them throughout the process until it is resolved to everyone's satisfaction.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Preventing Sexual Harassment: What You Can Do
• Comply with policy
• Take a stand
• Report incidents
• Support targets
• Cooperate in investigations
• Finally, cooperate with investigations of sexual harassment. Provide any information you might have about an incident, and do your part to help make the investigation run smoothly and move as quickly as possible toward a resolution.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Meet Peter
Let’s take a look at another case study.
• Peter loves his work in the accounting office. He has a demanding job, and he’s well paid for it. He has no subordinates, and his boss is on another floor. Peter’s cubicle is located in an area where several women also sit.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Meet Peter
• Quite frequently, but especially on Mondays, the women try to impress each other with stories of their weekend activities. Peter can hear the descriptions of their sexual exploits, which are surprisingly detailed and graphic.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Meet Peter
• Several times, Peter asks them to discuss their stories outside the office. But the women ignore his request and continue their discussions in front of him, not considering his feelings.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Meet Peter
• Peter complains to management. Management takes immediate action and stops the women from having such discussions.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Is Peter’s case an example of sexual harassment?
Peter’s Case
o Yes
o No
Now take a minute to think about Peter’s case. Is Peter’s case an example of sexual harassment?
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Is Peter’s case an example of sexual harassment?
Peter’s Case
o Yes
o No
This is a case of sexual harassment. The women created a hostile work environment for Peter because they repeatedly subjected him to their graphic stories.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Did management do the right thing by reacting immediately?
Peter’s Case
o Yes
o No
Did management do the right thing by reacting immediately?
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Did management do the right thing by reacting immediately?
Peter’s Case
o Yes
o No
By acting immediately to put an end to the harassing behavior, management averted a potential lawsuit.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Would management have been required to handle the situation differently if it involved a woman who had to listen to the exploits of men in the office?
Peter’s Case
o Yes
o No
Would management have been required to handle the situation differently if it involved a woman who had to listen to the exploits of men in the office?
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Peter’s Case
Would management have been required to handle the situation differently if it involved a woman who had to listen to the exploits of men in the office?
o Yes
o No
Remember, sexual harassment laws apply to women and men equally.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Familiarize
Act
Cooperate
Thoroughly Investigate
Satisfactorily Resolve
Learn the Facts
Eliminating sexual harassment is a responsibility shared by both management and employees. To help you better understand your role in preventing sexual harassment, use the acronym:
• F‐A‐C‐T‐S. This will serve as an easy reminder of the most important responsibilities that the employer and employees share in preventing sexual harassment.
By learning the FACTS, you can help prevent sexual harassment in your workplace.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Familiarize
Act
Cooperate
Thoroughly Investigate
Satisfactorily Resolve
Learn the Facts
Fully read this organization’s policy,and get clarification if needed.
Familiarize: Fully read this organization’s policy, and get clarification if needed. Keep a copy close by for easy reference.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Familiarize
Act
Cooperate
Thoroughly Investigate
Satisfactorily Resolve
Learn the Facts
Immediately report every incident of sexual harassment to a designated
company representative.
Act: Act promptly by reporting every incident of sexual harassment to a designated company representative, such as a human resources manager.
Trainer: Give the learners the specifics of the organization's reporting structure. If employees should report to supervisors, let them know who they can report to if reporting to a supervisor is problematic (for example, if the supervisor is the harasser). Usually, that will mean reporting to HR. If the organization doesn't have an HR department, tell learners what alternative reporting’s options are available for them.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Familiarize
Act
Cooperate
Thoroughly Investigate
Satisfactorily Resolve
Learn the Facts
Employees must fully cooperate with any investigation of a sexual
harassment charge.
Cooperate: Employees must fully cooperate with any investigation of a sexual harassment charge so that every complaint can be quickly and appropriately resolved.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Familiarize
Act
Cooperate
Thoroughly Investigate
Satisfactorily Resolve
Learn the Facts
Supervisors and employees must work together to ensure that a thorough
investigation takes place.
Thoroughly Investigate: Supervisors and employees must work together to ensure that a thorough investigation takes place. To adequately protect the rights of all individuals involved, every complaint must be thoroughly investigated.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Familiarize
Act
Cooperate
Thoroughly Investigate
Satisfactorily Resolve
Learn the Facts
A satisfactory resolution to the harassment must be reached.
Satisfactorily Resolve: A satisfactory resolution to the harassment complaint must be reached. Although charges of sexual harassment must be approached with sensitivity and objectivity, they must also be investigated and resolved promptly and fairly.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Knowledge Check 4
Knowledge Check 4
Now it’s time to review the information presented in the course with a quiz.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
A supervisor promising an employee a promotion in exchange for sex is __________ sexual harassment.
Knowledge Check 4
o Quid pro quo
o Hostile work environment
Which answer best completes the statement?
1
1. A supervisor promising an employee a promotion in exchange for sex is _________________________ sexual harassment.
o Quid pro quo
o Hostile work environment
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
A supervisor promising an employee a promotion in exchange for sex is quid pro quo sexual harassment.
Knowledge Check 4
o Quid pro quo
o Hostile work environment
A supervisor promising an employee a promotion in exchange for sex is __________ sexual harassment.
1
A supervisor promising an employee a promotion in exchange for sex is quid pro quo sexual harassment.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
An employee constantly making unwanted sexual advances to a coworker is an example of ___________ sexual harassment.
Knowledge Check 4
o Quid pro quo
o Hostile work environment
Which answer best completes the statement?
2
2. An employee constantly making unwanted sexual advances to a coworker is an example of _________________ sexual harassment.
o Quid pro quo
o Hostile work environment
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
An employee constantly making unwanted sexual advances to a coworker is an example of hostile work environment sexual harassment
Knowledge Check 4
o Quid pro quo
o Hostile work environment
An employee constantly making unwanted sexual advances to a coworker is an example of ___________ sexual harassment.
2
An employee constantly making unwanted sexual advances to a coworker is an example of hostile work environment sexual harassment.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
Complaints about sexual harassment will be __________ to determine whether there has been a violation of company policy and/or the law.
Knowledge Check 4
o Confidential
o Investigated
Which answer best completes the statement?
3
3. Complaints about sexual harassment will be ______________ to determine whether there has been a violation of company policy and/or the law.
o Confidential
o Investigated
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
All complaints will be investigated to determine whether there has been a violation of company policy and/or the law.
Knowledge Check 4
o Confidential
o Investigated
Complaints about sexual harassment will be __________ to determine whether there has been a violation of company policy and/or the law.
3
All complaints will be investigated to determine whether there has been a violation of company policy and/or the law.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Is this statement True or False?
You should _________ all incidents of sexual harassment to a supervisor or HR, whether you are the target, a witness, or a coworker of the target.
Knowledge Check 4
o Not report
o Report
Which answer best completes the statement?
Complaints about sexual harassment will be __________ to determine whether there has been a violation of company policy and/or the law.
4
4. You should ___________ all incidents of sexual harassment to a supervisor or HR, whether you are the target, a witness, or a coworker of the target.
o Not report
o Report
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
You should report all incidents of sexual harassment to a supervisor or HR, whether you are the target, a witness, or a coworker of the target.
Knowledge Check 4
o Not report
o Report
Complaints about sexual harassment will be __________ to determine whether there has been a violation of company policy and/or the law.
4
You should report all incidents of sexual harassment to a supervisor or HR, whether you are the target, a witness, or a coworker of the target.
PREVENTING SEXUAL HARASSMENT: A GUIDE FOR EMPLOYEES
Key Points to Remember
• Sexual harassment is prohibited by law and workplace policy
• It can be physical, verbal, or visual
• Sexual harassment harms us all
• You have the power to help prevent it
Here are the main points to remember about this course on preventing sexual harassment:
• Sexual harassment is prohibited by law and workplace policy.
• It involves more than physical conduct; it can also be verbal or visual.
• Sexual harassment harms us all.
• You have the power to help prevent it.
This concludes the Preventing Sexual Harassment: A Guide for Employees training program.
Trainer: If your class has any questions, please be sure to go back and review any information that is not completely clear.