1. Sexual Harassment Training
Presented by Northeast Montana
Job Service - Montana Dept. of Labor
and Industry

2. Agenda
Why talk about sexual harassment?
Why are we here today?
What is sexual Harassment?
Who can commit Sexual Harassment?
Who can experience Sexual Harassment?
Specific forms of Harassment
Who is liable?

3. Agenda
What isn’t Sexual Harassment?
Is this Sexual Harassment?
Objectives of Sexual Harassment Policy
General guiding principles
FACTS
Test your knowledge
Final thoughts

4. Why talk about Sexual
Harassment?
It’s in the news
It affects employers of
all types and sizes
It appears in many
forms of entertainment

5. Why are we here today?
Company Objective
• A commitment to dignity and respect in the
workplace
• How sexual harassment affects employee
morale
• Sexual harassment impacts the bottom line

6. Why are we here today?
Legal requirements
• Title VII of the Civil Rights Act of 1964
prohibits sexual harassment in the workplace
• Complying with the law is desirable and
necessary

7. What is Sexual Harassment?
Title VII
• Title VII prohibits
discrimination in
employment based on
race, color, religion,
sex, or national origin
• The courts have
interpreted
discrimination based
on sex to include
sexual harassment

8. What is Sexual Harassment?
Conduct of a sexual nature in the workplace
Includes any unwelcome:
•
•
•
•
Sexual advances
Requests for sexual favors
Verbal and physical conduct or a sexual nature
Display of sexually explicit or suggestive
materials

9. Who can commit Sexual
Harassment?
Supervisors
Subordinates
Co-Workers
Clients
Customers
Teachers
Students
Same-Sex

10. Who can experience Sexual
Harassment
Direct targets of
harassment
Bystanders
Witnesses

11. The specific forms of harassment
Quid Pro Quo
Consists of:
• Something for Something
Usually occurs within the context of a
supervisor-employee relationship

12. The specific forms of harassment
Hostile Work Environment
Consists of:
• Severe and pervasive conduct
• Unreasonable interference with an individual’s
job performance
• Offensive, intimidating, hostile work
environment
Can be created by anyone in the workplace

13. The specific forms of harassment
Hostile Work Environment
Considerations
• How frequent is the conduct?
• How severe is the conduct?
• Is the conduct physically threatening,
humiliating, or merely an offensive utterance?
• Does the conduct unreasonably interfere with
an individual’s work performance?

14. When is an employer liable?
Quid Pro Quo
• Liability is automatic

15. When is an employer liable?
Hostile Work Environment
•
•
•
•
Supervisors
Tangible employment action
No action
Non-supervisors

16. What isn’t Sexual Harassment?
The stray remark
The overly sensitive employee
Consensual relationships

17. Is this sexual harassment?
Workplace Scenario
• You be the Judge

18. Is this sexual harassment?
Scenario:
• Edna has worked for Mark a manager, for almost ten years. As Mark’s
administrative Assistant, Edna knows Mark and idiosyncrasies better than
anyone else. For example, how Mark like to call Edna and the other
female co-workers “Babe” how he often rests his hand on Edna’s shoulder
while he dictates a letter, and how he often compliments the female
typists on their appearance and dress. In the past, none of this ever
particularly bothered Edna. Edna always felt that Mark’s behavior was
harmless and characteristic of men from Mark’s generation.
• Last week, Mark issued a written warning to Edna based on her misuse of
company phones and excessive absenteeism. Edna has now filed a formal
internal complaint charging Mark with sexual harassment .

19. Is this sexual harassment?
Is this Sexual Harassment?
• Edna probably does not have a valid complaint. A
person might be offended by Mark’s behavior, the facts
suggest that Edna has never previously been offended.
Also since Edna’s complaint comes on the heels of a
recent disciplinary action, the validity of her complaint
is somewhat suspect. It is important to note, however,
that any one of the other females in the office that has
been subjected to Mark’s behavior may have a valid
complaint.

20. The objectives of a workplace
sexual harassment policy
To provide a uniform statement of
expectations
To protect employee rights
• Foster respect for all parties
• Respect confidentiality
• Prohibit retaliation
To promote compliance and prevention
• Management and employee responsibilities

21. General guiding principles
Follow the FACTS
F - Familiarize yourself with the company
policy
A - Address incidents of sexual harassment
immediately
C - Cooperation
T - Thorough investigation
S - Satisfactory resolution

22. Follow the Facts
F - Familiarize
yourself with the
company policy
• read the policy
• ask questions
• keep a copy in a safe
place

23. Follow the Facts
A - Address incidents of a sexual
harassment immediately
• Employee must report
• Management must respond

24. Follow the FACTS
C - Cooperate
• Full cooperation of all
parties is expected and
required

25. Follow the FACTS
T - Thorough investigation
• Documentation of complaints
• Employee interviews
• Signed statements

26. Follow the FACTS
S - Satisfactory
resolution
• Swift response and
resolution
• Objective review of the
facts
• Fair and appropriate
response

27. Final thoughts
Important points to remember
• Remember Sexual Harassment can be physical, verbal
or visual conduct. It is anything of a sexual nature in
the workplace that is not welcome.
• Sexual harassment is unlawful.
Test your knowledge
• Test your skill: True or False
1. The victim has to be of the opposite sex – False
2. 2. One act of sexual harassment may be sufficient to constitute
an actionable claim – True
3. 3. An employer can be held liable for the sexual harassment of
employees by customers or other third parties – True

28. Final thoughts
• The employer does not have an obligation to
investigate a report of sexual harassment if the
employer learns of the harassment from
someone other than the victim (hearsay
evidence) and the victim does not want any
action taken - False