Sexual Harassment Annual Education 2013

What is sexual harassment? Unwanted verbal or physical behavior of a sexual nature that occurs in the workplace It’s a violation of Title VII of the 1964 Civil Rights Act, which prohibits discrimination on account of race, color, sex, national origin or religion regarding all terms and conditions of employment Gender discrimination It creates an intimidating, hostile or offensive work environment that could interfere with work performance

Two types of sexual harassment Quid Pro Quo “this for that” (ex: sleep with me and you’ll get the job) Only between supervisor and employee = power and control Done on the basis to make an employment decision Making it a condition of employment Hostile work environment This is a “gray area” Can be supervisor to employee OR Can be peer to peer = no power struggle Creates an offensive work environment Interferes with your work performance Must be severe or pervasive

Examples of sexual harassment include, but aren’t limited to: Flirtation, touching, propositions Graphic comments about your dress or body Sexually degrading words Jokes and stories of a sexual nature Sexually offensive objects and pictures Verbal abuse of a sexual nature Physical conduct beyond socially accepted norms Comments regarding and associate’s appearance beyond socially acceptable norms

Facts you should know... Harasser can be male or female Victim can be male or female Victim can be same or opposite gender The victim does not have to be harassed directly, but can be anyone affected by the offensive conduct The harasser’s conduct must be unwelcome Not always about attraction – power and control are the guiding forces It can occur in any office, over the phone, rest rooms, break rooms, parking lot or even at company sponsored events

What does HOB’s policy say? We have an unconditional policy to protect all employees from sexual harassment No supervisor, employee, volunteer, or other non-employee may threaten or insinuate that an employee’s negative response to sexual harassment will adversely affect their job We take swift corrective action against any sexually offensive behavior All supervisory personnel are aware of this policy and are responsible for it’s enforcement.

And what does the law say? If the harasser is a supervisor or member of management, the employer is automatically and always liable to the sexually harassing conduct of its supervisors and managers vicarious liability quid pro quo If the harasser is not a supervisor, but merely a co-worker, the courts agree that an employer can only be liable if they knew, or should have known, of the harassment and failed to take prompt, appropriate action

What if I’m a victim? You may confront the harasser and clearly voice your opposition to the conduct or behavior Also be conscious of your own conduct and behavior If at anytime you believe yourself to be a victim of sexual harassment, you have the responsibility to immediately report the alleged activity to your supervisor (or another supervisor if the complaint involves your supervisor)

I’m a supervisor – what do I do if I receive a complaint? Notify your supervisor/director and Human Resources immediately Refrain from making promises Inform the employee that the information will be kept as confidential as much as possible Listen and be sensitive to the employee’s concerns Obtain specifics such as date, time, location, etc. Identify any witnesses Document, document, document

And what will HOB do? We will conduct a timely investigation We will not retaliate against the reporting employee We will take disciplinary action against any personnel who violates this policy Any employee violating this policy may be subject to disciplinary action, including immediate termination of employment

Quiz time John’s boss often pats him on the back. John thinks it’s just a “fatherly” gesture. Is this appropriate behavior? -- This is not harassment because John doesn't mind the gesture. Harassment is determined by its impact – not its intent. Marty told his employee, LouAnn, that she could go with him to the conference if she would stay in his room. Is this appropriate? -- This is not appropriate and is sexual harassment. This is “quid pro quo” ... “this for that” Jane puts up pictures of scantily clad men in the break room. This makes Bob uncomfortable. Appropriate? -- This isn’t appropriate and is an example of a hostile work environment. Judy is always touching Fred and he doesn’t like it. Appropriate? -- Not appropriate because Fred doesn’t like it. This is an example of unwelcome sexual conduct in a hostile work environment.

Sexual Harassment The End THANK YOU