The intent of this presentation is to inform and educate HR and other members of management on the legal consequences of discrimination and harassment. The presentation focuses on the important role of supervisors and managers in creating and maintaining an environment free of harassment.

2. About
1. President/Owner, HR Luminary, LLC
2. HR Generalist, SPHR Certified
3. Over 25 years experience in Human
Resources in the private sector
4. Member of SHRM, both national and local
5. BSBA from Arizona State University
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3. Sexual Harassment 101
What Every Manager Needs to Know

4. Intent of Webinar
1. Inform/educate HR professionals and
management the legal consequences of
discrimination and harassment.
2. Focus on the important role of supervisors
and managers in creating and maintaining
an environment that is free from
harassment.
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5. Learning Objectives
1. Know the difference types of sexual harassment and the
impact on the workplace.
2. Know the key steps to follow to create a respectful
workplace.
3. Understand your responsibility to take action to minimize
the company’s legal risk and protect all employees from
harassment.
4. Understand the costs associated with harassment and
how harassment can adversely affect the workplace.
HRCI has approved this program for 1.0 General
Recertification Credit towards PHR, SPHR, and GPHR.
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6. What is Harassment?
• Harassment is unlawful.
• Title VII of the Civil Rights Act of 1964: “It shall be an unlawful employment
practice for an employer…to discriminate against any employee with respect to
compensation, terms, conditions or privileges of employment because of race,
religion, national origin, color, and sex.
• Other types of harassment are unacceptable:
– Age
– Disability
– Veteran Status
– Sexual Orientation
– Genetic Information
– Pregnancy
• Or any other characteristic creating an uncomfortable, hostile work
environment.
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7. Defining Sexual Harassment
• Is illegal discriminatory conduct based on the victim’s gender
• Defined by EEOC as “unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature.
• Sexual Harassment is all about power, not sexual desire.
• Occurs when
– Submission to inappropriate conduct is made either explicitly or implicitly
a term or condition of employment
– Submission to or rejection of inappropriate conduct is used as a basis for
employment decisions affecting the individual
– Conduct unreasonably interferes with the individual’s performance or
creates an intimidating, hostile or offensive working environment
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8. Defining Sexual Harassment
• Quid pro Quo – “This for That”
– When authority figure links job
related benefits to sexual favors
• Hostile Environment
– When an intimidating, hostile or abusive work
environment is created and interferes with the
individual’s work
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9. Hostile Work Environment
Harassment
• Flirtations, innuendos, vulgar language,
sexual jokes, touching.
• The key element to hostile work
environment sexual harassment is that
harassment occurs because of the victim’s
sex.
• Sexual harassment can be verbal, non-verbal
or physical
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10. Hostile Work Environment
• Sexual Favoritism
• Third Party sexual
harassment
• Sex based harassment
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11. Hostile Work Environment
• Same sex harassment
• Non-employee
harassment
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12. Can One Incident Constitute?
• It is possible, in quid pro quo, if the action is
linked to the granting or denial of an
employment action.
• But not necessarily in a hostile
environment, unless there is physical
contact or very objectionable conduct.
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13. Flirtations in the Workplace
• The “victim” may be
tolerant at the time, but
may actually be upset.
• Flirtations may be laughed
off by some employees,
but may be perceived as sexual harassment by
others.
• Awareness of such with no management action
may be regarded as contributing to a hostile
environment.
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14. Flirtations in the Workplace
• 1998 Supreme Court ruled that having a policy is
not enough.
• Landmark case Faragher v. City of Boca Raton
• Vicarious Liability – when an organization assumes
the responsibility for the actions of it’s employees.
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15. Your Job: Create the Policy
• Be sure that your company
has a policy regarding
harassment
• In addition to having policies, employers
must also:
– Make sure your employees are made aware of
the policy
– Make sure the policy is enforced
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16. What is Our Role?
• Model respectful behavior for employees
• Communicate your organization’s policies
clearly and consistently to all employees
• Enforce the policies consistently
• Coach employees to avoid behavior that
might lead to harassment complaints
• Take all harassment complaints seriously
and respond immediately
• Do not allow retaliation!
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17. The Costs of Harassment
For the Victim For the Accused
• Lost Productivity • Disciplinary Action
• Unscheduled • Family Issues
absences • Job Loss
• Family Issues • Legal liability
• Turnover • Financial liability
• Health problems • Embarrassment
emotional duress
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18. The Costs of Harassment
For the Company
• Large financial liability
• Decreased morale
• Lost productivity
• Tarnished reputation
• Disability/worker’s comp
costs
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19. Financial Liability
If the employee wins lawsuit
• Back Pay – Lost salary plus
incidental benefits
• Front Pay – If not able to
restore employee to former position
• Pain & Suffering – For mental anguish and loss of
enjoyment of life
• Attorney Fees – Employee’s cost of litigation
• Punitive Damages – To punish employer;
determined by financial resources of the company
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20. Responding to a Complaint
• Immediate – As soon as you
are made aware of sexual
harassment, do something
about it.
• Appropriate – Handle the
investigation privately,
objectively and be sure to
document it. Whatever
action taken must be done so
in an effective, professional,
and confidential manner.
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21. Responding to a Complaint
Be sure to ask the following questions:
• Who harassed you?
• Did you ask him/her to stop?
• What did he/she say?
• What did he/she do?
• When did this happen?
• Were there any witnesses?
• Has this happened to others?
• Has this happened before?
• What would you like me to do?
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22. Avoiding Lawsuits
 Regularly review your policy with your employees
 Discuss “zero tolerance” with employees and outline
the consequences per your policy
 Implement a complaint procedure which ensures
confidentiality and provides effective remedies
 Investigate charges promptly and thoroughly and
take immediate action
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23. Key Points for Success
1. Know the Policy
2. Follow the Policy
3. Avoid Negative Actions
4. Assist any and all who
complain
5. Always act professionally
6. Treat everyone with respect
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24. Next Steps
1. Download this Event at HRLuminary.com
2. View Upcoming Events
• Family and Medical Leave Act (FMLA)
• Fair Labor Standards Act
• Patient Protection and Affordable Care Act
3. Check back soon for a recording of this event
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25. Vicki Worth
HR Luminary
HRLuminary.com
602.549.3159
vicki@hrluminary.com