1. Sexual Harassment in the Workplace ICRMT Legal Counsel O'Halloran, Kosoff, Geitner & Cook, P.C.

2. Why are you here? To learn how to deal with sexual harassmentTo learn how to deal with sexual harassment To learn how to conduct a investigationTo learn how to conduct a investigation To prevent claimsTo prevent claims

3. Ellerth affirmative defense  If a supervisor harasses an employee in a direct chain of command, the employer is automatically liable if tangible employment action has been taken against the employee. –What is a tangible employment action?  Firing, demotion, suspension, decrease in pay, removal of responsibilities, undesirable reassignment –Results in strict liability for the employer.

4. Ellerth affirmative defense  If no tangible employment action then the employer may raise an affirmative defense to liability or damages. The affirmative defense has two elements: –Employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior –The employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to avoid harm otherwise

5. What can I do to help? Train ALL supervisors Don’t turn the other cheek Recognize potentially volatile situations before anyone complains

6. Someone has a complaint What do I do? – A sexual harassment investigation needs to be conducted – Act promptly – Delay is BAD

7. Interview the complaining employee Understand the nature of the complaint Has there been a tangible employment action When did the offensive behavior start Explain to the employee the investigation process Reassignment? Try and get something in writing

8. Notify the harasser Interview the harasser Go over the harassment policy Explain the investigation process

9. Continuing the investigation Interview witnesses Decide on an appropriate response Communicate the response to both sides Don’t make any legal conclusions “We believe that Jane has been a victim of sexual harassment” When in doubt seek assistance from the ICRMT legal counsel Call Cliff or Julie