AB 1825 Sexual Harassment Training

Transcription

AB 1825
Sexual Harassment Training
Training Conducted by:
Camille French,MBA,SPHR
HR Consulting Partner
Created by Camille French ASHR 2013
Agenda

The Law and the Regulatory Agencies

Harassment

Discrimination

The Policy

The Manager’s Role

The Investigation Process
WELCOME
•
This class will be 2 hours in length
•
A requirement of CA AB1825 is for the class to be
interactive, so we will ask for your input and ideas,
and we’ll ask review questions to participants
periodically throughout the presentation
•
Feel free to ask your own questions throughout the
training
WELCOME
•
Be aware of noise levels in the room, particularly if
you have a group listening via speaker phone. Feel
free to mute your phones.
•
Please do not put your phone on hold during the
presentation(unless it is muted) or the rest of the
group may hear music/advertising that will
disrupt the training.
•
Be prepared to un-mute your phones at times to
answer questions or share your insights.
WELCOME
This is a safe environment for questions
•
All questions are welcome – there are no “dumb
questions”
•
To ensure confidentiality, either share information
without naming names or discuss a hypothetical
situation
•
In our examples we refer to hypothetical scenarios
or actual case law
•
You may not agree with everything that is discussed,
but the objective of this training (and your
responsibility) is compliance with the law
INTRODUCTIONS

Please share…
•
Your name
•
Your role within your organization
•
Years of supervisory experience
•
Something you would like to learn throughout the
discussion
Why are you here?

Assembly Bill 1825 became effective in January 2005

Added a provision to California’s Fair Employment
Housing Act requiring employers to regularly provide
anti-harassment training for supervisors consisting of
“at least two hours of classroom or other effective
interactive training.”
Training purpose

To comply with the law.

To help employers change workplace behaviors that
create or contribute to harassment

To develop and encourage a set of values in supervisors
that will assist them in preventing and effectively
responding to incidents of harassment.
In the End You Will…….

Understand what comprises harassment

Understand who can be a victim of harassment

Be able to identify and address inappropriate
behaviors

Know how to avoid illegal conduct

Know how to manage a harassment-free workplace

Know how to appropriately respond to a
harassment complaint
LEGAL DISCLAIMER

This training is intended to be informative and efforts
have been made to provide accurate and timely
information. However, the information provided is
not intended to serve as legal advice, instead we
will discuss good HR guidance.
Background
Information
HISTORY
Federal
agency enforcing federal laws that prohibit harassment,
discrimination, and retaliation.
Equal
Pay Act of 1963
Title
VII of the Civil Rights Act of 1964
 Pregnancy Discrimination Act (amended)
 Lily Ledbetter Fair Pay Act of 2009
Age
Discrimination in Employment Act of 1967
Americans
The
with Disability Act of 1990
Genetic Information Nondiscrimination Act of 2008
Sexual Harassment Laws

AB 76 makes employers liable for any sexual harassment
encountered by their employees in the workplace,
including treatment by customers and vendors

AB 1825 requires California employers with 50 or more
employees to provide supervisors at least two hours of
sexual harassment training every two years
Who is a Supervisor?

According to the Equal Employment Opportunity
Commission (EEOC), “an individual qualifies as an
employee's supervisor if the individual has authority to
undertake or recommend tangible employment
decisions affecting the employee, or has authority to
direct the employee's daily work activities.”
What does tangible mean?

Any event that results in “a significant change in
employment status.”

Must have undesirable consequences for the employee.

Doesn’t mean everything that makes an employee
unhappy.

Examples – disciplinary action, demotion or termination
Federal Categories
California Categories
Age (40 and over)
Age (40 and over)
National Origin
National Origin (Including
language restrictions)
Religious Creed
Religion
Disability
Mental Disability
Physical Disability (includes
pregnancy, AIDS, HIV)
Pregnancy
Medical Condition (includes
genetic characteristics)
Race
Race
Ancestry
Color
Sex
Sex
Sexual Orientation
What does Sexual
Harassment mean
to you?
Sexual Harassment



Unwelcome sexual advances
Requests for sexual favors
And other verbal, visual or physical conduct of a sexual
nature when:

Submission to such conduct by an individual is made,
explicitly, or implicitly, a term or condition of employment

Submission to or rejection of such conduct by an individual
is used as the basis for an employment decision

Such conduct has the purpose or effect to interfere with an
individual’s work performance or creates a hostile or
intimidating environment
Two Types of Protection
Federal Level – Title VII of the Civil Rights Act of 1964 –
prohibits discrimination based on:

race

color

religion

national origin

gender/sex (including childbirth, and related conditions)

enforced by EEOC
Laws Prohibiting Harassment
State Level – California Fair
Employment and Housing Commission –
prohibits:
Harassment based on sex or of a sexual
nature
 Gender harassment
 Harassment based on pregnancy,
childbirth, or related medical condition
 Includes many forms of offensive behavior,
including harassment of a person of the
same gender as the harasser

Harassment is not just
about sex!








Race
Color
Religion
National Origin
Gender
Disability
Age
Sexual Orientation
New Rules in CA for 2012

AB 887 has redefined “Gender” to include a person’s:

Gender Identity – how an individual sees their gender

Gender Expression – person’s gender related appearance
and behavior. Assigned sex at birth has no bearing.

Requires employers to allow employees to dress
consistently with the employee’s gender identity and
gender expression.
What does Sex
Discrimination
mean to you?
Sex Discrimination

Discrimination based on an individual’s gender.

Also includes:

Pregnancy, childbirth, or related medical condition

Woman’s desire to become pregnant

Whether a woman has had an abortion
Sex Discrimination

Equal Opportunity Laws prohibit discrimination based on
sex.

Every employee has the right to be free from
harassment discrimination that’s based on sex.
Types of
Harassment
Quid Pro Quo Harassment
Most blatant form of harassment
 Latin phrase meaning “this for that”
 Involves expressed or implied demands for
sexual favors in exchange for some benefit



Or to avoid some detriment in the workplace


Promotion, pay increase, etc.
Termination, demotion, etc.
By definition, it can be perpetrated only by
someone in a position of power or authority
over another

manager or supervisor over a subordinate
Hostile Environment

Hostile Environment is sexual or other
discriminatory conduct that is so severe or
pervasive that it interferes with an individual’s
ability to perform their job;

Creates an intimidating, offensive, threatening
or humiliating work environment;

Or causes a situation where a person’s
psychological well-being is adversely affected.

It can be verbal, physical and even visual.
Hostile Environment

Can be perpetrated by anyone in the work
environment including a peer, supervisor,
subordinate, vendor, customer or contractor.

Conduct must be:
1.
Unwelcome
2.
Directed at protected category
3.
Offensive to a reasonable person
4.
Severe or pervasive
What is Severe and Pervasive?


Severe

Sexual assault, rape

Grabbing, fondling, forcibly kissing

Acts of violence or severe intimidation based on ethnicity
Pervasive

Pattern of repeated conduct
How do you know if it’s a
Hostile Environment?
Reasonable Person Standard –
Would a reasonable person find the
conduct offensive?
 It doesn’t matter if:

 The
person intended it to be funny
 Others thought it was funny
 The person complaining seemed to go
along at the time
Name that Harassment

A supervisor tells an employee in his department that
she can have a raise if she sleeps with him.

Continuous sexual propositions to an employee even
without directly tying the employee’s response to a
condition of employment.
Name that Harassment

If an employee refuses a supervisor’s sexual
advances which causes the supervisor to
negatively alter the employee’s working
hours.

Constant use of sexually provocative or
obscene language.

Physical touching? It Depends…….
Most physical touching claims are the kind
that are obviously offensive in places that are
obviously off limits.
What do you see?
What do you see?
More Examples of
Physical Harassment







Touching
Pinching
Patting
Grabbing
Brushing against or poking an employee’s body
Hazing or initiation that involves a sexual
component
Requiring an employee wear sexually suggestive
clothing
What do you see?
Example of Verbal
Harassment
More Examples of
Verbal Harassment











Name-calling
Belittling
Sexually explicit or degrading words to describe an
individual
Sexually explicit jokes
Comments about an employee’s anatomy and/or
dress
Sexually oriented noises or remarks
Questions or comments about a person’s sexual
practices
Use of patronizing terms or remarks
Verbal abuse
Graphic verbal commentaries about the body
Cell phone ring tones
What do you see?
What do you see?
More Examples of
Visual Harassment









Sexual pictures, writing, or objects
Obscene letters or invitations
Staring at an employee’s anatomy
Leering
Doodling
Sexually oriented gestures
Mooning
Unwanted love letters or notes
Inappropriate emails and internet
usage
Bullying in the Workplace

Harmful to employees experiencing it

Has a significant impact on the workplace


Affects morale, motivation, work performance and
productivity

Can lead to higher absenteeism, health care costs and
turnover
Most common bully – Supervisors, followed by coworkers.
Bullying or Conflict:
What’s the difference?
 Conflict:

A disagreement that happens when people want different
things

The people involved have equal power to solve the problem

They both want control or win the situation, but hurting each
other is usually not the main goal
 Bullying:

One has more perceived power

The intent is to hurt, control, embarrass or exclude the other

Often a repeated situation
Forms of Bullying



Verbal

Spreading Rumors

Insults, embarrassment

Teasing
Physical

Hitting, kicking, pushing

Taking/damaging belongings
Social

Exclusion

Gossip

Cultural


Ethnicity, language
Cyber-Bullying

Text

Social Media
When Bullying &
Conflict Happens


At the incident

Step between and stop

Assess the situation

Conflict: Problem solve, mediate

Bullying: Report to HR department
Follow Up

With targeted, bullier, and bystanders
If you know about it, you are a part of it!
How do you know if
the behavior is
unwelcome?
Unwelcome?
How do you know it is
unwelcome?

Employee complains

Verbal response (or lack thereof)

Expression changes

Body language

Person appears to feel uncomfortable

Avoidance
More examples of illegal
sexual harassment







Unwanted intercourse
Kissing
Self-exposure
Questions/comments regarding an individual’s
sexual fantasies, relationships, anatomy, fertility
or appearance
Love letters
Displaying pornographic pictures, sexual devices,
or explicit objects
Sexual comments, jokes, gestures and demeanor
that are sexually derogatory, insulting, suggestive
or obscene.
Who are potential
harassers?

Supervisors

Peers

Subordinate

Vendor

Customer

Contractor

Clients

Neighbors
Co-Worker Harassment

Co-workers can be just as guilty as supervisors

Employer can be just as liable if it knows or should have
known about the harassment and failed to stop it
Does it have to happen at
work?

NO!

At work or away from the workplace

During work hours or off-duty

Employers are responsible for preventing sexual
harassment of employees, no matter who is causing the
problem or where it is occurring.
Who is the “Victim?”



The victim can be the person who is the target
of the behavior.
Or it can be a third party who is not the
intended recipient of the behavior. This is a
person who merely witnesses or overhears the
behavior, and finds it offensive.
Third party complaints are actually fairly
common, especially where two or three
people frequently joke around with each other
and are unaware, or just don’t care, how their
behavior affects others.
What do you see?
What do you see?
What do you see?
What do you see?
Which type of harassment?

Samuel is Melanie’s manager. They are working
together on a project and Samuel has asked Melanie to
dinner to discuss their work. After dinner, he says,
“Perhaps if we collaborate well on this project, I can
make things easier for you at your next evaluation” His
tone of voice insinuates what he means by
“collaborate.”

Julia heads to the mail room at a large insurance
company. She is in charge of many new hires who are
anxious to move ahead in the company. She is
overheard by an employee saying to another, “Andre,
why don’t we meet for drinks tonight to celebrate your
new promotion.” Andre is overheard responding,
“Dating the boss does have its advantages.”

Jamal works in a graphic arts department. He is
the only man among many women. Every day the
women in the office await the arrival of a very
attractive delivery man. After he leaves, the
women spend several minutes making suggestive
remarks and jokes about the man’s attractiveness.
Jamal just rolls his eyes, but this daily ritual
clearly makes him uncomfortable.

During a meeting with Carmelita, her boss says, “Why
don’t you wear shorter skirts like those women lawyers
on TV. You’re an attractive gal. I think if you showed
your legs off a little, the customers would be happier
and I’d be happier. A little dedication on your part
could go a long way here.”
What are the
consequences?
Consequences of harassment.

Lose a lawsuit

Lose your job

Lose your spouse

Your employer can be held liable for your misconduct

You can be held personally liable

Attorney’s fees
Long lasting effects for
employees . . .

Physical and emotional health

Poor performance

Lost work time

Possible medical expenses, workers compensation claims,
and lawsuits
EEOC New Charges
FY 2009
FY 2010
FY 2011
FY 2012
Total
Charges*
6654
7161
7166
7399
% of US Total
7.1%
7.2%
7.2%
7.4%
Race
2251
2239
2372
2299
% of US Total
6.7%
6.2%
6.7%
6.9%
% of CA Total
33.8%
31.3%
33.1%
31.1%
Sex
1893
1846
1926
2036
% of US Total
6.8%
6.4%
6.7%
6.7%
% of CA Total
28.4%
25.8%
26.9%
27.5%
Retaliation
2707
2939
3195
3406
% of US Total
8.1%
8.1%
8.6%
9.0%
% of CA Total
40.7%
41.0%
44.6%
46.0%
* Number for total charges reflects the number of individual charge filings. Because individuals often file charges claiming the
multiple
of discrimination,
number of total charges will be less than the total of the ten types listed on EEOC website.
Created
bytypes
Camille
French ASHRthe
2013
EEOC Harassment Charges
FY 2010 FY 2011 FY 2012

Receipts

*Monetary Benefits
(Millions)
21,454
21,470
21,088
$86.5
$87.9
$82.1
* Does not include monetary benefits obtained through litigation.
EEOC Sexual
Harassment Charges
FY 2010 FY 2011 FY 2012

Receipts
7944
7809
7571

% of Males
16.2%
16.1%
17.8%

*Monetary Benefits
$41.2
$45.1
(Millions)
$43.0
* Does not include monetary benefits obtained through litigation.
Lawsuits

An average of 450 employment lawsuits are filed daily
in the United States

California leads the nation in employment law claims

When sued, a company will lose the case more than 50%
of the time
Lawsuits

In 2010 the EEOC filed 250 new lawsuits, resolved 285
pending lawsuits.

pending lawsuits.

pending lawsuits.

Note: Suits filed and resolved in federal district
courts. Many suits are brought on behalf of
several individuals.
What are the other costs?

Damaged reputation

Negative publicity (TV, radio, newspaper)

Difficulty recruiting employees

Low employee morale

Absenteeism

Turnover

Financial Burden
Intent

Intent is not relevant in determining whether or not the
behavior is sexual harassment

All that matters is the impact of the behavior on the
work environment

The common excuses - Nobody else minded, I was only
joking, I talk that way to everyone, that’s just how I am
– are not valid defenses of harassing behavior
Who can be liable for
Sexual Harassment?
Employers
And/or
Supervisors
Employer’s Liability

Employers are subject to vicarious liability and are
automatically liable when an employee suffers a
tangible employment action because of a supervisor’s
conduct

Can be quid pro quo or hostile environment
Supervisor liability

Any supervisor involved in harassment
can be individually liable for monetary
damages if:
They engage in inappropriate conduct
 They fail to monitor inappropriate conduct
 They fail to respond to complaints



Only applies to California Fair
Employment and Housing Act (FEHA)
Considered an agent of the
organization and are held to a higher
standard of behavior under the law
Employer’s liability
Relationship of
Harasser to Victim
Type of Harassment
Employer’s Liability
Supervisor to Employee
Tangible employment
action (Quid Pro Quo)
Vicarious liability
Supervisor to Employee
Hostile environment
Vicarious liability subject
to affirmative defense
Employee to Employee
Hostile environment
Liable if knew or should
have known and failed
to act
Customer/Vendor to
Employee
Hostile environment
Liable if knew or should
have known and failed
to act
Are there any defenses?

To raise a defense or avoid punitive damages in sexual
harassment lawsuits, employers must show they have
provided periodic sexual harassment training to
supervisors.
Are there any defenses?

If employee did not suffer a tangible employment action
the employer can assert an affirmative defense

Must prove:

Exercised reasonable care to prevent and promptly correct
the harassment; and

Employee unreasonably failed to report the harassment or
otherwise avoid harm
Why don’t people
come forward?
Why don’t people come
forward?
Why don’t people come
forward?

Fear of retaliation

Fear of not being taken seriously

Hope that the conduct will stop

Fear of embarrassment or hurting the alleged harasser

Fear of being alienated by colleagues or supervisors
When is it time to
Investigate?
When is it time to
Investigate?

Whenever an internal complaint of harassment,
discrimination, or retaliation is made (oral or written)

When the employer knows or “should know” of possible
violations of the company’s policy against harassment
and discrimination
When is it time to
Investigate?

When an employee or supervisor talks to an individual in
charge about a problem but continually stresses that
they are not complaining

When major changes are observed in the workplace,
including new behavioral patterns, a sudden decrease in
morale, productivity, or attendance
When is it time to
Investigate?

When an employer suspects there is any kind of
misconduct

When an administrative agency begins to inquire into
the conditions of the workplace

When notice of a lawsuit is received
What should you do
if an employee
complains?
Complaints









Respond immediately
Take the complaint seriously
Assess the complaint fairly and impartially
Don’t promise confidentiality
Be supportive – try to put the employee at
ease
Show empathy and respect
Get as much information as possible about
the time and place, actions, people,
witnesses
Document, document, document!!!
Report complaints to HR immediately
Be prepared to discuss the
issue

“Thank you for coming forward with this. I know
it wasn’t easy for you.

I want you to know the company takes any and all
harassment complaints very seriously, and we will
start an investigation immediately.

I’m going to elevate this to the HR Department.
They will be contacting you to begin the
investigation.

We will keep everything about this complaint as
confidential as possible, and it would be best for
you to keep this confidential throughout the
investigation as well.”
What should you say?

Employee


“I have something I want to tell you but
you have to promise me you won’t tell
anyone or do anything?”
Supervisor

“Before you start I need to tell you that I
want to help you. But, I’m required by
law to investigate certain issues.”
Most of the time the employee will still tell
you
Tell the employee what
happens next

The complaint will be taken seriously

A prompt investigation will be conducted

There will be no retaliation

Prompt disciplinary action will be taken if harassment is
found

Information about the results of the investigation will
be conveyed at the conclusion
Tell the employee what
happens next

You’re not obligated to discuss the details of discipline
with an employee who’s been victimized.

However, you should:

Make sure the victim understands repeat offenses will be
met with even more harsh discipline, including
termination

Get the offender to acknowledge that he or she has acted
inappropriately and will stop the offensive behavior
immediately

Follow up on any commitments you make to toughen the
punishment for repeat offenses
Formal vs. Informal
Investigation

While you should take all complaints of sexual
harassment very seriously, not all complaints require a
full-scale internal investigation.

Sometimes, problems can be resolved without a formal
investigation
Formal vs. Informal
Investigation

To determine if the complaint requires
investigation, consider whether:





The complaint is a question that has a fairly
simple answer, or whether it is a more complex
problem
It involves just this employee, or others as well
It stems from a single incident or a pattern of
conduct
You need more facts than the employee is able
to provide in order to reach a resolution
If you need more information, it is likely that
the complaint requires a formal investigation
Retaliation
Retaliation

Retaliation is defined as an adverse action taken against
an employee because he/she complained of harassment
or discrimination

Adverse action includes demotion, discipline, termination,
salary reduction, negative performance review, change in
job duties or shift assignment
Retaliation

Anti-discrimination laws prohibit employers from taking
adverse action against employees for asserting their
rights

When an employee complains of sexual harassment to
you or others, you must not take any action that the
employee may view as punishment or retaliation for
filing the complaint
Retaliation

Retaliation is forbidden!!!

By you

By the alleged harasser

By any other supervisor or coworker

Against any person complaining of harassment or
participating in an investigation

Against an innocent employee to punish another worker
for complaining – provided the two employees have a close
relationship
Retaliation

To succeed in a retaliation claim, the employee must
prove the following:

That he/she engaged in a protected activity, such as
complaining of sexual harassment

That he/she suffered an adverse employment action, such
as termination

That the protected activity and adverse action are linked
Retaliation

For the first time ever complaints of retaliation
surpassed race-based complaints as the most frequently
filed charge with the EEOC.
Retaliation

How can you avoid claims of retaliation?

Document, document, document the reason
for any adverse employment action against an
employee. Make sure the documentation
shows no discriminatory reason for the adverse
action.

Performance problems

Warnings

Complaints

Disciplinary actions

Demotions / Promotions

Transfers
Retaliation

Remember – There’s no requirement to give special
treatment to an employee who has filed a complaint.

Make sure any discipline taken matches the offense and
is in line with how others have been handled for the
same or similar offense
Minimizing Your
Legal Exposure
How do you minimize legal
exposure?
“If you treat people with respect and dignity, always;
You’ll stay out of court, most likely.”
exposure?








Treat employees consistently
Address complaints immediately
Take prompt and appropriate action
Maintain confidentiality when able to
Conduct thorough investigation
Use respectful terminology
Treat others as you would want to be treated
Remember, the accused is innocent unless
proven guilty (there are two sides to every
story)
exposure?

Have a written, published harassment policy

Include a clear procedure for filing a complaint

Make sure complainants understand that retaliation will
not be tolerated

Train every new employee

Train all employees on a regular basis
Common Mistakes

Treating the complaint more like a comment

Not documenting complaints or incidents

Not communicating how serious the issue is

Not taking action

Not responding with a sense of urgency

Not correcting the problem
Know your company policies

Review your company policies

Department of Fair Employment and Housing Act
Brochure
The role of HR

Once you elevate the complaint the HR Department will:








Interview the complainant
Interview the alleged harasser
Interview co-workers / witnesses
Collect evidence
Talk to people the alleged victim may have confided in about the
harassment (friends, family, co-workers)
Evaluate
Take appropriate action
Report Findings
You decide what to do

You’ve hired a new cashier, Melissa. She’s attractive
and single. Your other day shift cashier, Mark, also
single, has asked her out on a date. Should you
intervene?

Melissa said no but Mark asked her out again. Still, no
one is complaining. Is this harassment?

What if Mark is Melissa’s immediate supervisor? What
changes?

Tom has been with you for four years. He’s a
great cook and an asset to the organization with
his outgoing personality. He affectionately calls
the women in the restaurant his “girl” and will
occasionally give one of them a hug. This seems
to be a stress relief for everyone in the cramped
workspace. The atmosphere actually improves
when Tom is at work and everyone smiles. This
isn’t a problem, is it?

Today, a young man came through the drive-through;
Lisa, your new team member, rang up his order, he said
something outrageous and threatened Lisa in a way that
left her trembling after he was gone. He was only here
a few minutes and you have never seen him before. Are
you responsible for what happened?
Jack owns an 1960's airline themed restaurant,
and he requires the waiters to wear uniforms. He
requires men to dress like pilots, and women to
dress like female flight attendants.
One day, a waiter named Ethan announces that he
prefers to dress like a woman, and he demands to
wear a female flight attendant uniform.
How should Jack respond to Ethan's demand?
Post Training
Assessment
Using What
You’ve Learned
Using what you’ve learned
Your reaction is critical!!!
1.
Be alert! Monitor the workplace for offensive
behavior, signs, conversations, comments, and so on.
2.
Investigate suspicious behavior and hostile
interactions; don’t ignore problems.
3.
Be available and accessible; let your employees know
you welcome their comments.
4.
Immediately take control of – and stop – offensive,
harassing, or discriminatory misconduct.
5.
Fix the problem, discipline wrongdoers, and protect
victims from further harassment or retaliation.
You’ll encourage a productive workplace if you:

Are fair and respectful

Act consistently

Make decisions based on merit

Focus on workplace performance rather than
personal characteristics

Follow established procedures

Your behavior sets the tone for your workplace. Be a
role model! Through your words and actions, make it
clear:

You disapprove of harassment and discrimination

The organization is committed to a respectful workplace

Employees may object to misconduct without fear of
retaliation
Watch your P’s in the
workplace

Professionalism

Politeness

Polish
Professionalism

Conduct yourself as a professional at all times with
clients and co-workers

Refrain from engaging in gossip or office politics

Address problems as they arise directly with the
individuals involved

Check your personal baggage at the door as you arrive
to work each day

Dress appropriately for your position

Treat your co-workers with respect whether or not you
personally like them

Walk away from negative talk about a co-worker, a boss,
or the company
Politeness

Respect the privacy of others – do not
eavesdrop on conversations not meant for
your ears

Show basic courtesy to co-workers through
small gestures throughout the day

Use please and thank you regularly

Give every co-worker a simple hello each
morning and goodbye each evening

Lend a helping hand to a co-worker when time
allows even if it isn’t in your job description
Polish

Refrain from using profanity

Refrain from sharing off-color jokes

Spend your spare moments at the office thinking about
how to improve your own performance rather than
focusing on the performance of others

Find ways to expand your skills
Tests for spotting harassment

Your child test


Your parent test


Would you act this way in front of your child?
Would you act this way in front of your parent?
Newspaper test

Would you want to read about your behavior in the
newspaper?
Supervisor’s Action Plan

Have Zero Tolerance

Supervisors have a responsibility to prevent sexual
harassment in the workplace. If you ignore behaviors and
actions that could be considered sexual harassment, you
are in effect condoning offensive conduct. When a
supervisor is aware of the offensive conduct and fails to
act or investigate, the organization, as well as the
manager, may be held liable in a court of law.

The bottom line – when you see or hear of any behavior
that could be considered sexual harassment, you are
responsible for getting rid of it. Zero tolerance.

Set a Good Example

As a business leader it is your responsibility to set the
standard by not engaging in any sexually suggestive
behavior. Employees look to leadership to let them know
what is and is not acceptable in the workplace and have
little tolerance for “do what I say, not what I do.”

Hear, Handle and Investigate all
Complaints

Failing to respond appropriately to a sexual harassment
complaint could cost you and the organization dearly. It
has been shown that those organizations most successful
at reducing or eliminating sexual harassment in the
workplace frequently communicate guidelines for
submitting a complaint to all employees. These
organizations also respond in a timely manner to each
complaint, investigate, and create solutions for resolving
or eliminating offensive conduct.

Keep Harassment Claims Confidential

During a sexual harassment investigation, discuss the
situation only with people who have an absolute need to
know.

Educate Your Employees

Using case studies, videos, and role plays can
help promote discussions and understanding. You
can use these tools to help you communicate and
clarify expectations of appropriate and
inappropriate behavior, policies and guidelines.
These tools can also help encourage employees
to step forward when sexual harassment occurs
and allow the organization to eliminate unlawful
behavior in the workplace.

Educating Employees Again

Educating an employee once is not enough. Regardless of
who the employee is within an organization, restating the
organizational expectations, policies, and guidelines is
recommended at least once a year.

AB 1825 Sexual Harassment Training

Transcription

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