1. PROTEÇÃO DAS MÃOS: LIÇÕES PARA TODA A VIDA

2. Objectives Define sexual harassment
Describe a manager’s responsibilities in preventing and handling sexual harassment
List the steps you should follow when handling a complaint of sexual harassment
Explain how to investigate an allegation of harassment
Establish guidelines for concluding the investigation.

3. Sexual Harassment When an individual’s response to:
Unwelcome sexual advances
Unwelcome requests for sexual favors
Unwelcome verbal or physical conduct of a sexual nature
Affects his or her:
Employment
Job performance
Work environment.

4. Unwelcome Physical Contact
Touching
Hugging
Kissing
Pinching
Flirting
Brushing up against
Blocking a person’s path.

5. Unwelcome Verbal Behavior
Obscenities
Suggestive comments or jokes
Sexual propositions
Inappropriate humor
Threats
Remarks about physical attributes.

6. Unwelcome Non-Verbal Behavior
Staring
Obscene gestures
Sexually suggestive glances
Suggestive noises
Sexual content on computer displays
Printed calendars or posters
Inappropriate letters or .

7. Victim’s Perception
Sexual harassment violations are based on the perception of the victim, not the intentions of the accused.

8. A Manager’s Responsibilities
Be aware of the warning signs
Document participation in formal training
Provide copy of harassment policy and procedures
Document steps taken to resolve an issue
Investigate complaints immediately
Comply with EEOC guidelines
Hire an outside investigator if necessary.

9. Warning Signs Significant changes in work habits Increased absenteeism
Frequent physical ailments
Sudden change in physical appearance
Withdrawal from co-workers
Decreased self-confidence.

10. Create a Safe Environment
Have an open door policy
Show attitude of respect and concern
Take all complaints seriously
Be objective and fair.

11. Taking a Complaint Listen attentively without interruption
Refrain from offering opinions
Allow the person to talk
Take careful notes
Ask questions to get all the facts
Encourage them to talk openly.

12. Questions to Ask the Complainant
What exactly occurred?
When did it occur?
Is it still on-going?
Where did it occur?
How often did it occur?
How did it affect you?

13. Questions to Ask the Complainant (cont’d)
How did you react?
Was there anyone present when it occurred?
Did you tell anyone about it?
Is there any documentation or evidence of the incident?
How would you like to see the situation resolved?

14. Dealing with Emotions Acknowledge their feelings Empathize
Appreciate their courage
Tell the victim they were right in addressing their concern
Assure the victim they are not to blame.

15. Gather Information Determine specifics of the harassment
Identify the frequency of the offense
Ask the context and nature of the relationship
Get names of witnesses
Document incident and notify HR
Proceed with investigation.

16. Confronting the Accused
Be direct, firm and fair
State purpose of meeting
Explain seriousness of accusation
Describe potential consequences
Listen carefully and document everything
Be objective.

17. Questions to Ask the Accused
What is your response to these allegations?
If the accused claims the allegations are false, ask why the accuser might lie.
Are there any persons who have relevant information?
Is there any documentation or evidence of the incident?
Do you know of any further information?

18. Interviewing Witnesses
Meet privately
State reason for meeting
Don’t provide details of claim
Get all the facts
Include witnesses’ observations
Ask witnesses to maintain confidentiality.

19. Concluding the Investigation
Be thorough but fair
Follow company procedures
Evaluate the evidence
Communicate your decision
Explain disciplinary action
Follow-up to ensure no retaliation.

20. California Law Explicitly outlaws sexual harassment
Protects employees, independent contractors and applicants
Applies to any size employer
Liability can be placed on employer, co-workers and managers
Supervisory training requirement.

21. Claim Filing Limitations
300 days for Title VII claims
365 days for California law claims
No cap on damages on CA law claims.