Sexual Harassment Importance of Training Types of Harassment

Sexual Harassment Importance of Training Types of Harassment Laws & Case History Who’s Involved Sexual Harassment is Foundation Policy Your Responsibilities 2012

The Importance of Sexual Harassment Prevention Training u u u Sexual harassment undermines the employment relationship by creating an intimidating, hostile, or offensive work environment. The Foundation does not tolerate any such conduct. Employees who violate this policy are subject to immediate and appropriate discipline, up to and including termination. The Supreme Court's landmark decisions in the 1998 Faragher and Ellerth sexual harassment cases, subsequent court decisions and EEOC Guidelines make it clear that sexual harassment training is essential.

The Rules: Laws and Case History u u u Title VII of the Civil Rights Act generally prohibits employers with 15 or more employees from discrimination in employment based on race, color, religion, sex, or national origin. Courts have interpreted sexual harassment as a form of sex discrimination that is prohibited by Title VII. The EEOC defines sexual harassment as sexual conduct that is unwelcome, harmful, and illegal.

Sexual Harassment is: u u u Unwelcome sexual advances. Requests for sexual favors. Other verbal or physical conduct of a sexual nature that affects an individuals’ performance, unreasonably interferes with his/her work performance, or creates an intimidating, hostile or offensive work environment.

Types of Sexual Harassment u Quid Pro Quo (Latin for “this for that” or “something for something”) 1. Has a tangible employment action against the victim. 2. Involves monetary loss or change in job. u Hostile Work Environment 1. Speech or conduct that is severe and/or pervasive enough to create an abusive or hostile work environment 2. In addition to speech and/or conduct, covers explicit or suggestive items displayed in the workplace that interfere with job performance or that create an abusive or hostile work environment.

Who’s involved? u u Those who commit – employees at all levels, customers, members of the same sex. Those who are targeted – victims, bystanders and, in some cases, witnesses who are affected by the harassment.

What’s the Foundation’s Policy? u u Harassment has no place at work. It is against our policy and a violation of the law. It must be avoided and will not be tolerated by this Foundation. Any harassment, whether based on race, color, religion, sex, national origin, age (over 40), disability as defined by law, or any other class protected by law is prohibited. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other offensive conduct that is either sexual in nature or directed at someone because of his or her gender. Sexual harassment undermines the employment relationship by creating an intimidating, hostile, or offensive work environment.

Foundation Policy (cont. ) u u u Harassment, whether sexual or based on the other protected classes listed above, may take many forms including but not limited to: Verbal Conduct - such as epithets, derogatory jokes or comments, name calling, innuendos, demeaning slurs, or unwanted sexual advances; Visual Conduct - such as leering, derogatory and/or sexually-oriented posters, photography, cartoons, drawings, graffiti, electronic mail, or gestures; Physical Conduct - such as assault, offensive touching, blocking of normal movement, or interfering with work; or Threats or Demands - to submit to sexual requests as a condition of continued employment benefits.

Foundation Policy (cont. ) u u The Foundation does not tolerate any such conduct. Employees who violate this policy are subject to immediate and appropriate discipline, up to and including termination. If you observe such conduct, or believe it has happened to you, tell the harasser the behavior is offensive and that you want it to stop. If you are unable to confront the harasser or are unsuccessful in convincing him or her to stop, immediately report the incident to management. Management will initiate a prompt, thorough investigation and will take remedial action, as appropriate.

Foundation Policy (cont. ) u u We encourage employees to report incidents directly to their immediate supervisor, but any employee who is concerned or apprehensive may instead report any incident to the Human Resources Manager or CEO. Reports of alleged harassment are treated as discreetly and confidentially as possible. No employee is retaliated against for lodging a complaint with management under this policy. Any employee who believes he or she is being subjected to retaliation should promptly report this to one of the individuals listed above.

Your Responsibilities u u Know and comply with our policy and procedure Report incidents that you experience directly or witness u Cooperate with investigations u Support victims