1. Harassment Prevention and Response for Managers, 2013 Gregory Taylor General Counsel State Center Community College District December 16—District Office December 17—Willow International December 18—Reedley College December 19—Fresno City College December 20—District Office

2. Agenda Sign-in Overview of AB 1825 BP and AR 3430, “Prohibition of Harassment” Break AR 3435, “Discrimination and Harassment Complaints” Interactive Review Acknowledgement

3. AB 1825 Two hours, every two years Every supervisor Interactive

4. BP and AR 3430 “Prohibition of Harassment”

18. AB 3435, “Discrimination and Harassment Complaints”

19. An employer is not liable for sexual harassment committed by managers or supervisors as long as it is not aware of the conduct. True or false?

20. A person who works in an office where sexual harassment occurs, but to whom sexual conduct is not directed, may not sue the organization for sexual harassment. True or false?

21. A manager should promise complete confidentiality to an employee who makes a complaint of sexual harassment. True or false?

22. In order to establish that conduct is unwelcome, a victim must inform a harasser that his or her behavior is unwanted. True or false?

23. Abusive behavior aimed at one sex that is not “sexual” in nature can be sexual harassment. True or false?

24. Employees and supervisors can be personally liable if they engage in conduct that is sexual harassment. True or false?

25. An employee refuses to date her supervisor and then loses her job because of it. Is that sexual harassment? If so, what kind?

26. A delivery driver makes unwanted sexual comments to an employee. The employer has no obligation to stop the behavior because the harasser is not an employee. True or false?

27. Can the unwanted sexual conduct of a female supervisor towards a male subordinate constitute sexual harassment?

28. If the victim of sexual harassment asks a supervisor not to file a report and say that he/she can handle the situation, the supervisor should agree. True or false?

29. If an employee doesn’t make a complaint but you hear about a sexual harassment incident through the grapevine, you don’t need to do anything. True or false?

30. A supervisor who touches an employee in a sexual manner only one time may be guilty of sexual harassment. True or false?

31. Accusations that are clearly false on their face, or that are motivated by a desire to get even with the accused, can be dismissed summarily without a full, formal investigation. True or false?

32. Confidentiality is always protected. Therefore, the district need not ever disclose the name of the complainant. True or false?

33. Hostile work environment harassment is a form of sexual harassment where there is a request or demand of sexual favors by a supervisor in exchange for employment benefits or threatening reprisals if the favors are not given. True or false?

34. An employee comes to you and confidentially says that a co-worker is bothering her in a sexually suggestive way. You offer to investigate and she says “absolutely not.” She just “wanted to let you know.” What should you do? a)Keep a close eye on the co-worker and report the matter to HR if the employee complains again or if you independently observe inappropriate conduct b)Tell employee that the district is required law to investigate her complaint and notify the VP of Student Services or HR. c)Terminate complaining employee for non- compliance with sexual harassment policy d)Find a reason to lay off the offender so that you don’t have to deal with the issue.

35. No investigation is required if a co-worker reports an incident that happened to another co-worker but the victim does not want any action taken. True or false?

36. “What’s your problem? Is it that time of the month?” What’s wrong with this comment?

37. Male supervisor to female subordinate: “You know, sometimes you’re a real idiot. Get out of my sight.” What’s wrong with that comment?

38. A supervisor’s threats to retaliate against a subordinate if he or she refuses sexual advances may be sexual harassment even if the threats are never carried out. True or false?

39. Which of the following is NOT an example of hostile environment sexual harassment? a)A vendor always greets your receptionist with a sexually-oriented joke. b)A new salesperson teaching a class to new sales personnel includes a sexually graphic slide in the presentation. c)A male supervisor regularly asks questions of his female associates and turns the answers into sexual innuendo. d)An employee asks a co-worker out on a date and she refuses.

40. END