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Sexual Harassment

What Supervisors Need to Know

Slide Show Notes


• This session is about sexual harassment in the workplace. It’s an
important subject because sexual harassment is an illegal form of
sexual discrimination under America’s Civil Rights Act. It is also
prohibited by our state laws.
• This workplace also has a formal policy that prohibits sexual
harassment in the workplace—a policy you are responsible for
enforcing.
• This session will cover exactly what sexual harassment is, why it’s
so damaging to your organization, and what you can do about it.

1
Session Objectives
You will be able to:
• Understand legal and policy requirements
• Recognize what constitutes harassment
• Handle complaints effectively
• Participate in investigations
• Take appropriate corrective action
• Maintain a productive work environment

© Business & Legal Reports, Inc. 1003

Slide Show Notes


The objective of this training session is to provide you with the
information you need to know about sexual harassment in order to help
your organization deal with incidents and prevent future problems. At
the end of this session, you will be able to:
• Understand legal and policy requirements;
• Recognize what constitutes illegal sexual harassment;
• Handle complaints effectively;
• Participate in investigations;
• Take appropriate corrective action; and
• Promote and maintain a comfortable, productive working
environment.

2
Session Outline
• Compliance with the law and our policy
• What constitutes sexual harassment
• Who’s affected by harassment
• Handling employee complaints
• Conducting investigations
• Taking corrective action

© Business & Legal Reports, Inc. 1003

Slide Show Notes


This session will discuss:
• Compliance with the law and our policy;
• What constitutes sexual harassment;
• Who’s affected by harassment;
• Handling employee complaints;
• Conducting investigations; and
• Taking corrective action.

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How Widespread Is Sexual
Harassment?
• About 70% of women and 20% of men
have experienced sexual harassment
• About 15,000 sexual harassment cases
are filed each year
• Charges of sexual harassment cost U.S.
companies almost $40 million each year
• Complaints filed by men have more than
tripled in recent years

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Just how widespread is the problem of sexual harassment? Consider
these statistics:
• About 70% of women and 20% of men have experienced sexual
harassment in the workplace.
• There are about 15,000 cases of sexual harassment filed each year in
the United States.
• These charges cost U.S. companies almost $40 million each year.
• The number of complaints filed by men has more than tripled in
recent years, indicating this is not just a woman’s problem.

4
Why You Need to Know
Sexual harassment:
• Damages organizations
• Undermines trust and respect
• Exposes us to damaging liabilities

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Why do you need to know about sexual harassment? First of all, we
want all our employees to be able to work in an environment that is free
of sexual harassment. You play an essential role in creating and
maintaining that kind of environment. You need to know that sexual
harassment:
• Damages organizations;
• Undermines trust and respect; and
• Exposes us to damaging liabilities.
Ask trainees to explain why they think sexual harassment is wrong. Ask
them to specify how it damages their departments and the organization
as a whole.

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Harassment and the Law
• Title VII
• The courts
• State law
• Equal Employment
Opportunity Commission
(EEOC)

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Let’s begin our examination of sexual harassment by considering what
the law requires.
• Title VII of the Civil Rights Act prohibits employers with 15 or
more employees from discrimination in employment based on race,
color, national origin, religion, or sex.
• Courts have interpreted sexual harassment as a form of sex
discrimination that is prohibited by Title VII.
• State civil rights and fair employment laws also prohibit sexual
harassment in the workplace.
• Finally, the U.S. Equal Employment Opportunity Commission
(EEOC) has issued a comprehensive definition of sexual
harassment, which we’ll examine in depth on the next slide.
Ask trainees to explain what they think sexual harassment in the
workplace means. What specific acts would be considered illegal sexual
harassment?

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Harassment and the Law (cont.)
EEOC defines sexual
harassment as sexual
conduct that is:
• Unwelcome
• Harmful
• Illegal

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Slide Show Notes


According to EEOC, sexual harassment is sexual conduct that is
unwelcome, harmful, or illegal:
• Unwelcome conduct can include sexual advances, requests for
sexual favors, verbal or physical conduct of a sexual nature, and
displays of sexually explicit or suggestive materials.
• Harmful conduct is conduct that can harm either the physical or
emotional health of the victim or of witnesses to the conduct. This
can also negatively affect the atmosphere of the workplace in
general.
• Finally, remember that all forms of sexual harassment are illegal and
cannot be tolerated.

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Our Policy
• Provides a clear
statement of our
position against sexual
harassment
• Promotes compliance
and prevention by
defining responsibilities
• Protects your rights
and fosters respect
for all

© Business & Legal Reports, Inc. 1003

Slide Show Notes


In order to create a respectful and dignified workplace, our organization
maintains and enforces an effective policy that establishes a complaint
procedure and outlines penalties for harassers. Our policy is our first
line of defense against liability for sexual harassment. It is also one of
the best ways to help prevent sexual harassment in our organization
because it creates awareness of the problem and puts everyone on notice
that such behavior will not be tolerated. Our policy:
• Uniformly and sensitively communicates our position against sexual
harassment so that everyone understands what is and is not
acceptable workplace behavior;
• Promotes compliance and prevention by defining the responsibilities
of managers and employees in preventing sexual harassment and in
responding quickly and thoroughly to any complaints; and
• Protects your rights by fostering and maintaining a respectful and
dignified work environment by preserving confidentiality whenever
possible and by communicating and enforcing a policy of “no
retaliation” against anyone who reports sexual harassment.
Make sure you understand our sexual harassment policy.
Introduce and review your organization’s sexual harassment policy.

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Our Policy (cont.)
• Familiarize yourself with the policy
• Publicize the policy
• Enforce the policy
• Review the policy periodically

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• Familiarize yourself with the terms of this policy.
• Publicize the policy. Make sure that all your employees understand
our harassment policy. Each new hire should be given a copy of the
policy and an explanation of how to file a complaint. Also, post a
copy of the policy on your department bulletin board to ensure that
this information is available to all employees at all times.
• Make it clear that this policy will be enforced. Let employees know
that the consequences for harassing a co-worker include discipline
and may even result in discharge. Never ignore an incident
involving sexual harassment.
• Finally, review the terms of the harassment policy from time to time
with your employees. Make certain that they understand their rights
and responsibilities under the policy. Immediate review of the policy
is indicated after an incident of harassment in your department.

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Is This Sexual Harassment?
A female employee wears
miniskirts to work.
Is this inviting harassment? NO
A female supervisor makes
frequent comments about a male
employee’s physique.
Is this sexual harassment? YES
A male supervisor makes frequent
comments about a male
employee’s physique.
Is this sexual harassment? YES

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Let’s see if you can recognize different forms of sexual harassment.
• Let’s take a look at this example: A female employee wears
miniskirts to work. Is this inviting sexual harassment?
– No. Employees must abide by the workplace’s dress code, but if
the code permits miniskirts, employees have the right to wear them
without being harassed.
• Let’s take a look at this example: A female supervisor makes
frequent comments about a male employee’s physique. Is this
sexual harassment?
– Yes. Male employees can be victims of sexual harassment and
have the same protection under the law as female employees.
• Here’s a third example: A male supervisor makes frequent
comments about a male employee’s physique. Is this sexual
harassment?
– Yes. 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.

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Is This Sexual Harassment?
(cont.)
Two co-workers forward each other
off-color jokes they receive in e-mails.
Is this sexual harassment? NO
An employee asks a co-worker out.
Is this sexual harassment? NO
Two co-workers develop a
personal relationship.
Is this sexual harassment? NO

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Here are some other scenarios.
• Two employees forward each other off-color jokes that they receive
in e-mails. Is this sexual harassment?
– No. This exchange is not unwelcome; however, it may violate the
e-mail policy at your workplace. If one of the employees suddenly
complains of sexual harassment, the claim probably won’t stand
because the employee had been participating in the behavior and had
not indicated it was offensive. If one of the employees does decide
that the exchange is no longer welcome, he or she needs to
communicate this to the other employee—and the other employee
needs to stop sending jokes.
• What about this example: An employee asks a co-worker out on a
date. Is this sexual harassment?
– No, a simple request for a date is not sexual harassment. However, if
the answer is No, the employee should be careful about asking
repeatedly. This can be a form of sexual harassment.
• Two co-workers develop a personal relationship. Is this sexual
harassment?
– No. People can and do form relationships with co-workers. As long as
both people consent to the relationship, this is not harassment.
Remember that only unwelcome sexual conduct is unlawful.

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Is This Sexual Harassment?
(cont.)
An employee posts a swimsuit
calendar in his work area.
Is this sexual harassment? YES
An employee posts a male
pinup in her work area.
Is this sexual harassment? YES
A good customer makes provocative
comments to employees.
Is this sexual harassment? YES

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Here are three more scenarios.
• An employee posts a swimsuit calendar in his work area. Is this
sexual harassment?
– Yes. Under the EEOC definition, posting a swimsuit calendar is
considered a “visual display of explicit or suggestive materials.”
• How about this: A female employee posts a male pinup in her work
area. Is this sexual harassment?
– 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.
• Finally, what if a good customer makes provocative comments to
employees? Is this considered sexual harassment?
– Yes. Customers or clients can be guilty of sexual harassment, just as
employees can.
Ask trainees to suggest other scenarios that might or might not be sexual
harassment and discuss why they are or are not.

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Sexual Harassment
Do you understand
• Why it’s important to
learn about sexual
harassment and how
it violates the law?
• The terms of our
policy and your role
in publicizing and
enforcing it?
• What sexual harassment
is and is not?

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• Now it is time to ask yourself if you understand the information that
has been presented so far. Do you understand why it’s important to
learn about sexual harassment and how it violates the law? Do you
understand the terms of our policy and your role in publicizing and
enforcing it? Do you understand what sexual harassment is and is
not?

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Tangible Employment Action
• Tangible employment
action (quid pro quo)
• Automatic liability
• Tangible employment
action must actually
occur

© Business & Legal Reports, Inc. 1003

Slide Show Notes


In this part of the session, we’ll examine a more detailed definition of
sexual harassment.
There are two main forms of sexual harassment, which we’ll go over in
this and the next two slides.
• The first form is called tangible employment action, which is a
phrase that has evolved from the older term, quid pro quo, or “this
for that.” Essentially, tangible employment action is unlawful
harassment that results in monetary loss or significant changes in
someone’s workload or assignment should he or she refuse a sexual
request. Being passed over for promotion or a raise, or being given
the least desirable assignments all the time for refusing the sexual
overtures of someone in authority over your job are all examples.
Economic harassment focuses on the harm to the victim rather than
the conduct of the harasser.
• In cases of tangible employment action, the workplace is
automatically liable if a supervisor takes tangible employment action
against an employee.
• However, the workplace is automatically liable only if the threat of
job detriment or promise of job benefit actually results in an
employment action, such as termination, promotion, demotion, or
reassignment to a considerably different position.

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Hostile Work Environment
• Severe or pervasive
conduct (or both)
• Intimidating, hostile,
or offensive displays

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Slide Show Notes


“Hostile work environment” is the other main form of sexual
harassment.
• Conduct that is either severe or pervasive, or both, constitutes a
hostile work environment. In other words, the offensive conduct
might be aimed specifically at certain persons, or it might be more
generalized throughout the workplace.
• This kind of regular and repeated conduct can include items
displayed in the workplace that unreasonably interfere with job
performance or that create an intimidating, hostile, or offensive work
environment.
Ask trainees why they think the law has included sexually offensive
visuals or language in the prohibitions against sexual harassment in
the workplace. What’s wrong with putting up “girlie” pictures, passing
around suggestive cartoons, or telling dirty jokes?
Suggest that a simple test for determining when something goes over the
line might be, “Would I want my spouse, child, or parent to have
to experience, see, or listen to something like this?”

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Hostile Work Environment (cont.)
Examples include:
• Sexually explicit
pictures, calendars,
graffiti, or objects
• Regularly:
• Using dirty words
• Making sexual jokes
• Using obscene gestures
• Making rude comments
of a sexual nature

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Examples of a hostile work environment include:
• Posting sexually explicit pictures, calendars, graffiti, or objects
around the work area, and
• Regularly using dirty words, making sexual jokes, using obscene
gestures, or making rude comments of a sexual nature.

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Tangible Employment Action
Or Hostile Work Environment?
An employee is asked to talk about her raise
with her supervisor after business hours at a
romantic restaurant.
This is tangible employment action.

An employee brings a sexually explicit


gag gift into work for a co-worker’s
birthday present.
This describes a hostile work environment.

© Business & Legal Reports, Inc. 1003

Slide Show Notes


In this exercise, decide whether the following statements are describing
tangible employment action or hostile work environment:
1. An employee is asked to talk about her raise with her supervisor
after business hours at a romantic restaurant.
This is tangible employment action.
2. An employee brings a sexually explicit gag gift into work for a co-
worker’s birthday present.
This describes a hostile work environment.

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Tangible Employment Action or
Hostile Work Environment? (cont.)
A supervisor regularly uses obscene
language when talking to his employees.
This describes a hostile work environment.

An employee who appears to be “very


close” to the boss always gets the easiest
job assignments.
This is tangible employment action.

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Here are two more examples. Decide whether they are describing
tangible employment action or hostile work environment:
3. A supervisor regularly uses obscene language when talking to his
employees.
This is also describing a hostile work environment.
4. An employee who appears to be “very close” to the boss always
gets the easiest job assignments.
This is tangible employment action.

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Liability
• Automatic liability for
supervisor’s tangible
employment action
• If no tangible
employment action,
the workplace might
avoid liability

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Slide Show Notes


• The workplace is automatically held liable for a supervisor’s actions
that create a hostile work environment and that result in a tangible
employment action.
• If no tangible employment action is taken against the employee by a
supervisor, however, we would probably not be held liable if we can
show that we made a reasonable effort to prevent and immediately
correct workplace harassment—such as by implementing,
communicating, and enforcing a sexual harassment policy—and that
an employee unreasonably failed to make a complaint under the
available policy.

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Liability (cont.)
• Liability for actions
of co-workers
• Liability for actions
of customers, clients,
and independent
contractors

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Slide Show Notes


• In addition, we may be liable for a hostile work environment created
by an employee’s co-workers if we knew or should have known of
the harassment and did not immediately address it. For example, if
an employee complains to you about a co-worker’s posting of a
“pinup” calendar, you—and the organization—are effectively put
“on notice” of the harassment and must immediately address and
correct the situation.
• We could also be held liable for sexual harassment of our employees
by customers, clients, and independent contractors if, again, we
knew or should have known about the problem and did nothing to
stop it.
Cases like these underline why it is important for you to encourage
employees to report sexual harassment immediately and why it is
critical for us to act on employee complaints promptly and effectively.

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Who’s Affected?
Those who commit acts
of sexual harassment,
including:
• Employees at any level
• Clients or customers
• Members of the
same sex

© Business & Legal Reports, Inc. 1003

Slide Show Notes


It is important to understand who is affected by sexual harassment laws
and workplace policies when incidents occur in the workplace.
• Those who commit sexual harassment can be anyone in the
organization at any level. In other words, unlawful harassment can
travel up, down, and sideways within the organization.
• Similarly, clients or customers can also be guilty of committing
sexual harassment against employees.
• Finally, harassers and victims can be members of the same sex.
There can be male-to-male or female-to-female acts of sexual
harassment. As mentioned earlier, the key is not the sexual
orientation of the person or persons involved, but rather that the act
of harassment is sexual in nature. Ordinary socializing in the
workplace that may include horseplay or even flirtation between
members of the same sex will generally NOT be considered
harassment; instead, the harassment must be of a severely hostile or
abusive nature.

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Who’s Affected? (cont.)
Those who experience
sexual harassment,
including:
• Direct targets
• Bystanders and
witnesses

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Sexual harassment laws and policies also affect those who experience
sexual harassment. These include:
• Direct targets of sexual harassment—for example, someone who
is constantly subjected to a co-worker’s sexual advances is a direct
target of sexual harassment and therefore a victim of an unlawful act.
• Bystanders and witnesses may also be considered to be sexual
harassment victims, depending on the specifics of the case. In other
words, if you witness acts of sexual harassment against a co-worker,
you may also be considered to be affected by harassment and may be
protected under the law.
Think about any incidents of sexual harassment that you have had to
handle. What type of harassment was involved? Who was affected? How
was the incident handled? How was the problem resolved?
Ask trainees to discuss any incidents of sexual harassment with which
they have had to deal. Caution them not to name names or identify those
involved in any other way. Which type of harassment was involved?
Who was affected? How did they handle the situation? How was the
problem resolved?

22
Sexual Harassment
• Do you understand the
two main forms of
sexual harassment—
tangible employment
action and hostile work
environment?
• Do you understand
who may be affected
by sexual harassment
in the workplace?

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Now it is time to ask yourself if you understand the information that has
been presented so far.
• Do you understand the two main forms of sexual
harassment—tangible employment action and hostile work
environment?
• Do you understand who may be affected by sexual harassment in the
workplace?

23
Handling Complaints
• Encourage reporting
• Respond to all
complaints
• Allow employees to
bypass the normal
chain of command

© Business & Legal Reports, Inc. 1003

Slide Show Notes


In this part of the session, we’ll look at how to handle employee
complaints of sexual harassment, how to investigate charges, and how to
take corrective action.
In most cases, you will be the first person in management to whom an
employee comes to complain about sexual harassment.
• So encourage employees to come forward if they have been sexually
harassed. Make sure that there are no obstacles to filing complaints in
your department.
• Respond to all complaints. Never ignore any complaint or discourage
employees from making complaints. Report the incident immediately
to the proper authority. Once a complaint is made to you, a court
would say that the organization has officially been put on notice that
there is a problem. If you ignore the problem, our organization could
be held liable on the basis that we knew or should have known about
the harassment.
• Keep in mind that our system allows employees to bypass the normal
chain of command when making harassment complaints if the alleged
harasser is a supervisor.
Make sure you know the name and phone number of the person(s) in the
organization to whom employees should report sexual harassment if not
to you. Also, make sure you’re familiar with your organization’s sexual
harassment reporting form, if you have one.
Tell trainees the name and phone number of the person(s) in the
organization to whom they should report all sexual harassment
complaints. Review your organization’s sexual harassment reporting
form, if applicable. 24
Handling Complaints (cont.)
• Respect confidentiality
• Strike a balance
between confidentiality
and the need to
investigate
• Protect everyone’s rights

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• In addition, make clear that complaints will be handled as
confidentially as possible. Obviously, we can’t guarantee complete
confidentiality, since we can’t conduct an effective investigation
without revealing certain information to the alleged harasser and
potential witnesses. However, we will share information only with
those who need to know about it. Also assure employees that we
will keep records relating to complaints confidential.
• Strike a balance between confidentiality and the need to investigate.
A conflict could arise if an employee informs you about sexual
harassment but asks you to take no action. Inaction by a supervisor
in such circumstances could lead to liability for the workplace.
While it may seem reasonable to let the employee determine
whether to pursue a complaint, we have a duty to prevent and correct
harassment. Therefore, you cannot promise an employee that you
will take no action in such cases.
• Finally, make every effort to protect everyone’s rights, including the
alleged harasser’s rights. Until someone admits particular conduct or
until an investigation determines that the conduct occurred, you need
to keep an open mind.
Ask trainees to talk about complaints they’ve handled—without naming
names or identifying those involved in any way. How did the victims
act? How did the alleged harassers act? Were co-workers with
knowledge about the incident willing to come forward?
25
Dealing with
Isolated Incidents
• Determine the exact nature of the incident
• Counsel the alleged harasser
• Reassure the victim
• Monitor the situation carefully

© Business & Legal Reports, Inc. 1003

Slide Show Notes


When an incident involves an isolated comment or action of a minor
nature, a word or two from you may be all that’s needed to deal
effectively with the situation. Follow these guidelines:
• First, determine the exact nature of the incident. Find out exactly
what happened and who was involved. If this is not an isolated
incident, refer the case to the normal management channels for
further action according to workplace policy. But if it is a minor,
one-time incident, you can proceed to handle it on your own. Be
sure to report the incident to the designated contact person in your
organization. The parties may have been involved in other incidents
of which you are not aware, and the organization may need to take
further action.
• Next, sit down with the alleged harasser and hear his or her
explanation of the incident. Sometimes people honestly don’t realize
how their words or actions affect other people. Explain that behavior
of the kind alleged is not tolerated in the organization. Review our
sexual harassment policy. Make it clear that any future incidents will
result in discipline.
• Reassure the victim that the matter has been handled and that he or
she should not expect any further trouble. Also make it clear to the
victim that if there is even a hint of the offensive behavior
continuing, the employee should report to you immediately, and you
will take further steps to deal with the problem.
• Finally, monitor the situation carefully to make sure there is no
further problem. 26
Conducting Investigations
• Questions for the employee filing the
complaint

© Business & Legal Reports, Inc. 1003

Slide Show Notes


During an investigation you must ask a number of key questions to
various people who may be involved in one way or another with the
incident.
• Questions for the person making the complaint might include:
– Who committed the alleged harassment? What exactly occurred or was
said? When did it occur, and is it still going on? Where did it occur?
How often did it occur? How did it affect you?
– How did you react? What response did you make when the incident
occurred or afterwards?
– How did the harassment affect you? How did it affect your job
performance?
– Is there anyone who has relevant information? Was anyone present
when the incident occurred? Did you tell anyone about it? Did anyone
see you immediately after episodes of alleged harassment?
– Do you know whether anyone else has been harassed by this person?
– Are there any notes, physical evidence, or other documentation
regarding the incident?
– How would you like to see the situation resolved?
– Finally, do you have any other relevant information?

27
Conducting Investigations
(cont.)

• Questions for the


alleged harasser
• Questions for
witnesses

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• Questions for the alleged harasser might include the following:
– What is your response to the allegations?
– If this person claims that the allegations are false, ask why the person
making the complaint might lie.
– Are there any other employees who have relevant information about
the charges?
– Are there any notes, physical evidence, or other documentation
regarding the incident?
– And do you know of any other relevant information?
• Questions for witnesses might include the following:
– What did you see or hear? When did this occur? Describe the alleged
harasser’s behavior toward the person who complained and toward
others in the workplace.
– What did the person who complained of harassment tell you? When
did he or she tell you this?
– Do you know of any other relevant information?
– And are there other employees who have relevant information?

28
Taking Corrective Action
• Take effective
remedial action
• Balance competing
concerns

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Whenever an investigation determines that harassment has occurred in
violation of our policy and the law, we must take immediate and
effective corrective action. Always consult with the human resources
department before taking any action in these cases.
• The remedial measures we decide to take must do three things: First,
stop the harassment; second, correct its effects on the victim; and
finally, ensure that the harassment does not recur. These remedial
measures need not be those that the victim requests or prefers, as
long as they are effective.
• We have to keep in mind that the organization could be found liable
if the harassment does not stop. At the same time, we want to make
sure that our disciplinary action doesn’t subject us to claims, such as
wrongful discharge, from the harasser. To balance these competing
concerns, make sure disciplinary measures are proportional to the
seriousness of the offense.

29
Taking Corrective Action (cont.)
• Make certain the
victim is not
adversely affected
• Stop the harassment
and make sure it
doesn’t recur

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• Furthermore, whatever action you take, it should not adversely affect
the victim. For example, if it is necessary to separate the parties, the
harasser should be transferred—unless the victim prefers otherwise.
Remedial responses that penalize the victim could constitute
unlawful retaliation and are not effective in correcting the
harassment.
• In addition, remedial measures should stop the harassment cold and
ensure that it does not recur. Such action might include one or more
of the following actions against the harasser:
– Oral or written warning or reprimand;
– Transfer or reassignment;
– Demotion;
– Suspension;
– Discharge;
– Training or counseling to ensure that the harasser understands why his
or her conduct violated the organization’s antiharassment policy; and
– Monitoring to ensure that the harassment has indeed stopped.

30
Taking Corrective Action
(cont.)

• Correct the effects


of the harassment
• Follow up to make
sure the problem
is solved

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• Remember that the goal of remedial measures is to put the victim in
the position he or she would have been in had the misconduct not
occurred. Such action, therefore, might include:
– Restoration of leave taken because of the harassment;
– Removal of any negative evaluations in the employee’s personnel file
that arose from the harassment;
– Reinstatement if the victim quit or lost a job because of harassment;
– Apology by the harasser;
– Monitoring treatment of the employee to ensure that he or she is not
subjected to retaliation by the harasser or others in the workplace
because of the complaint; and
– Correction of any other harm caused by the harassment—for example,
compensation for any losses directly resulting from the harassment.
• Finally, follow up with both parties to make sure the problem is
truly solved. Monitor the situation until you are fully convinced that
the remedial measures have had the desired effect.
Ask trainees to confidentially describe corrective action taken in
harassment incidents in which they have been involved. Was it effective
in stopping the harassment? Was the victim satisfied? Did the harasser
understand what he or she had done wrong and commit to changing his
or her behavior?

31
Key Points to Remember!
• 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 a responsibility to help prevent it

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Here are the key points you should remember from this training session:
• 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.
• And finally, you have a responsibility to help prevent it.
This concludes this training session.
Give the quiz, if appropriate.

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