A Three Step Approach to Preventing and Addressing Sexual Harassment in the

Workplace

John J. Berard

Labor Relations Specialist

August 3, 2010

Introduction & Overview

Provide an overview on Human Resources best practices in creating, implementing and enforcing a policy on Sexual Harassment prevention

Answer your questions

POLICYShould include the following:

Statement prohibiting sexual harassment Broad definition of sexual harassment including quid pro quo and hostile

work environment Examples of prohibited conduct – unwelcome behavior, conduct of a sexual

nature, sexual innuendos, use of email, etc. Encourage timely reporting of complaints and specify a detailed process for

reporting, including identifying specific individuals to receive such complaints

No-Retaliation clause Commitment to keep complaints as confidential as possible Notice that policy violations will result in disciplinary action, up to and

including termination of employment Identify other resources available to complainant – Equal Employment

Opportunity Commission, State Human Rights Commissions, Unions (if applicable), Employee Assistance Programs, etc.

DISSEMINATION &

TRAINING Copies of Policy should be provided to all employees

at time of hire and periodically thereafter Post in prominent areas Conduct informational meetings Annual training on policy/recognizing and reporting

prohibited behavior

DISEMMINATION &

TRAININGSupervisors and Managers More extensive training on how to address

prohibited conduct when discovered – adherence to policy

Receive clear notice on prohibited conduct by as a result of supervisory roles (fraternization)

Requirement to report and appropriately address prohibited behaviors

Requirement to report and appropriately address complaints regardless of whether the complainant wishes to do so (“mandatory reporting”)

ENFORCEMENT Acknowledge all complaints in writing with a notice to report any

retaliation Investigate completely and investigate in a prompt and timely

manner Take steps to ensure the situation does not escalate during the

investigation – consider separating complainant and alleged harasser

Follow up on retaliation complaints separately If substantiated – address the misconduct quickly, appropriately

and consistently If unsubstantiated – communicate the findings to both the

complainant and alleged harasser. Reiterate prohibition against sexual harassment and retaliation.

Discussion/Questions

o False Accusationso Consensual Relationship Agreements (Love/Romance

contracts)o Questions

References

Faragher v. City of Boca Raton, 524 U.S. 775 (1998)

Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998)

Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986)

This presentation is designed to provide general information in regard to the subject matter covered. The presenter is not rendering legal service and this presentation should not be utilized as a substitute for professional legal advice.