1. Group 4: SHELBY DAVE KARI DIRK Sexual Harassment

2. What we will Cover Sexual Harassment Quiz Videos Sexual Harassment Definitions Role of the HR Manager/How to file a complaint Court case Quid Pro Quo Court case Hostile Environment Sexual Harassment Graph

3. Quiz Sexual Harassment IQ Quiz Answers 1. It is not unlawful harassment for a manager or supervisor to assign unfavorable work duties only to women. ☺ False The act of assigning unfavorable work only to members of a certain gender is a form of discriminatory treatment and may be considered a hostile act that has the effect of creating a hostile work environment for employees of that particular gender. 2. To bring a lawsuit for sexual harassment, a victim does not need to show that he or she suffered a monetary or economic harm, such as being fired or demoted. ☺ True Unwelcome sexual conduct that unreasonably interferes with the ability of a person to work or that creates an intimidating hostile or offensive working environment can constitute sexual harassment, regardless of whether any monetary or economic loss has occurred. 3. It is unlawful for a man to sexually harass another man because of his gender. ☺ True Same-sex harassment violates the law.

4. Quiz 4. An employee who joins in sex jokes or sexual banter in the workplace may be a victim of sexual harassment. ☺ True Although an employee’s participation may indicate welcomeness, it does not automatically follow that the employee was asking to be sexually harassed. 5. An employee who consents to a supervisor’s sexual advances can state a claim for sexual harassment. ☺ True An employee may consent to a supervisor’s sexual advances but still consider the behavior to be unwelcome. 6. An employer that has an anti-harassment policy will avoid liability for sexual harassment committed by a victim’s coworker. ☺ False An anti-harassment policy is necessary, but standing alone, will not completely shield an employer from liability.

5. What is Sexual Harassment? (Cont.) Hostile Environment Sexual Harassment : This occurs when an employee is subjected to comments of a sexual nature, offensive sexual materials, or unwelcome physical contact as a regular part of the work environment. Generally speaking, a single isolated incident will not be considered hostile environment harassment unless it is extremely outrageous and egregious conduct. The courts look to see whether the conduct is both serious and frequent. Supervisors, managers, co-workers and even customers can be responsible for creating a hostile environment.

6. Hostile Work Environment Video http://www.youtube.com/watch?v=InxSBWGBtZc&feature=related

7. What is Sexual Harassment? Quid Pro Quo Harassment :Something for something;this is the you do something for me and I'll do something for you type of exchange. This occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances. For example, a supervisor promises an employee a raise if she will go out on a date with him, or tells an employee she will be fired if she doesn't sleep with him. Quid pro quo harassment also occurs when an employee makes an evaluative decision, or provides or withholds professional opportunities based on another employee's submission to verbal, nonverbal or physical conduct or a sexual nature. Quid pro quo harassment is equally unlawful whether the victim resists and suffers the threatened harm or submits and thus avoids the threatened harm.

8. Quid Pro Quo Video http://www.youtube.com/watch?v=CEq2cu1CJ7I

10. Assign a staff member to “own” the complaint.

11. Map out a plan that covers the important people and situations to investigate in the initial complaint.

12. Talk with the employee who is complaining.

13. Inform the employee that you need to know immediately about any retaliation, purported retaliation, or ongoing harassment the employee experiences.

14. Ask the employee to tell you the whole story in his or her own words. Listen; take notes. Write down relevant facts such as dates, times, situations, witnesses, and anything else that seems relevant.

15. Tell the person accused that a complaint has been filed, and that no acts of retaliation or unethical actions will be tolerated

16. Assure the person accused that a fair and just investigation will be conducted on their behalf as well as that of the accuser.

18. Take all the information you received and attempt to reach a decision. Make the best decision that you can with the information you have. Consult with other HR colleagues to do the right thing.

19. Make decisions about whether sexual harassment occurred. Provide the appropriate discipline to the appropriate people, based on your findings.

20. Recognize that you are not perfect, no situation can be perfectly investigated. Even when harassment may have occurred, there may be no facts or witnesses that corroborate a complainant’s statement.

22. Ethically, the employer will not want to allow such behavior to exist in their workplace.

23. The trust, morale, and fair treatment of employees is at stake. An employer’s actions send powerful signals about what another employee can expect in similar circumstances.

24. You may want to consider reposting and reiterating your sexual harassment policies across your whole work place. Let the circumstances guide your judgment.

26. When you are deciding what to do, remember that every situation is different. You should always report the sexual harassment to your employer. You then have the option to use your company’s sexual harassment complaint process, file a charge with a state or federal agency, and/or go to court.

27. It is important to talk with a lawyer or legal services organization like Equal Rights Advocates to discuss your choices (see “Resources”).They can help you to understand your choices, their benefits and risks as well as the strengths and weaknesses of your case.

32. If you want to file a lawsuit in federal or state court, you must first file a formal sexual harassment complaint with the federal Equal Employment Opportunity Commission (EEOC) and/or your state’s fair employment agency (in California, this is the Department of Fair Employment and Housing).

33. File a lawsuit After you file a formal complaint with the EEOC or your state’s fair employment agency, you can also consider filing a lawsuit. You can sue for money damages, to get your job back, and you can also ask the court to make your employer change its practices to prevent future sexual harassment from occurring.

35. There are so many women who are faced with a regular onslaught of dirty jokes, pornography, demeaning references about women, and sexual bantering in the workplace. For those victims, this case is a godsend.

36. Here's what happened in the case.

37. Julie Gallagher worked for C.H. Robinson Worldwide Inc. in a sales position in the Cleveland office. The area in which she worked had 20 employees and 3 support staff.

38. The sales staff worked in cubicles that were organized in pods in an open floor plan. Short dividers between the cubicles provided little privacy.

39. During the four months during which Gallagher worked at C.H.Robinson ("CHR") she described a “locker room” atmosphere characterized by unprofessional behavior and an environment that was hostile to women.

40. Gallagher complained frequently to the branch manager, Greg Quest, but things only got worse. Four months after starting, and following an incident during which some drunk male so-workers “flipped her off”, she finally quit and took a job working for a former employer.

42. she was subjected to harassment either through words or actions, based on sex

45. the harassment was not objectively hostile

46. Gallagher's work performance didn't suffer

47. Wrong on all three points according to the Sixth Circuit which said:

48. Whether the offensive conduct was intentionally directed specifically at Gallagher or not, the fact remains that she had no means of escaping her co-workers' loud insulting language and degrading conversations; she was unavoidably exposed to it.

49. Mistake #3: The district court held that there was no employer liability based on the following conclusions:

50. C.H. Robinson had sexual harassment policies for reporting and Gallagher didn't follow them

51. reporting the misconduct only to Greg Quast (the office manager) was unreasonable

52. C.H Robinson did not have notice of the harassment

53. Wrong again according to the Sixth Circuit Court of Appeals which wrote:

55. It sets forth very clearly what kind of conduct can constitute a sexually hostile work environment and why that it is so

56. It puts the onus in these cases back on the employer where it belongs

57. It emasculates many of the contrived and nit -picking employer defenses which too many judges have latched on to and used to throw these cases out

58. The bottom line is that no one should have to go to work and face what Julie Gallagher did. That's why we have laws which make a sexually hostile work environment illegal.

60. Conclusion Sexual Harassment Quiz Sexual Harassment Definitions Role of the HR Manager/How to file a complaint Show a Video Court case Quid Pro Quo Court case Hostile Environment Sexual Harassment Graph Questions???

61. Sources http://www.equalrights.org/publications/kyr/shwork.asp http://www.sexualharassmentsupport.org/SHworkplace.html Oyze U.S Supreme Court Media