Preventive Medicine in Human Resources

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• Preventive Medicine in Human Resources

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• How is harassment a problem?
• What to do?

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Title VII of the Civil Rights Act of 1964
prohibits discrimination on the basis of race,
sex, religion, national origin, color, pregnancy,
etc.
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• U.S. Supreme Court ruled that sexual harassment
  is illegal in 1986
• Civil Rights Act of 1991 authorized compensatory
  and punitive damages

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Illegal Harassment Can Be Costly

• Harassment cases are expensive to defend
• Through trial, such cases generally cost well
  over 300,000 in defense fees and costs
• Harassment cases are risky to defend
• Employers and supervisors lose well over 50 of
  the time

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What is Unlawful Harassment?
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Harassment means to trouble, worry or torment
someone on a persistent basis.
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Workplace Harassment is Prohibited by Law
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Definition of Sexual Harassment
Unwelcome sexual advances, requests for sexual
favors, or other verbal or physical conduct of a
sexual nature as a term or condition of
employment, as a basis for making employment
decisions, or that interfere with work
performance or create a hostile work environment.
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Types of Harassment

• Verbal includes things said, written or
  inappropriate sounds
• Physical includes hitting, pushing, blocking
  someones way, inappropriate touching
• Visual includes calendars, pictures, any
  inappropriate object that can be clearly seen.

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Verbal Harassment
Examples

• Dirty or off-color jokes
• Discussing sexual topics
• Flirting / sexual advances
• Boasting of sexual conquests
• Intimate questions re sex life
• Intimate nicknames

• Excessive compliments
• Sexual innuendo
• Whistling, cat-calls, etc.
• Sexual profanity
• Harassing voice mails
• Repeated advances

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Physical Harassment
Examples

• Hugging and Kissing
• Touching hair, body, or clothing

3. Massaging 4. Leaning over, cornering,
slapping, pinching, or punching someone
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Visual Harassment
What are some examples of visual sexual
harassment?

• Posters, pin-ups, calendars, etc.
• Magazines
• E-mail
• Web-sites
• Screen savers
• Obscene gestures
• Elevator eyes
• Exposing oneself

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Sexual harassment can consist of all of the
following EXCEPT

• Words, such as sexual references
• Gestures, such as winking
• Thoughts, such as fantasizing about another
  employee in the buff
• Conduct, such as forcing an employee into a hug

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CONDUCT THAT MAY BE FOUNDTO BE HARASSMENT

• unwanted sexual advances
• offering employment benefits in exchange for
  sexual favors
• visual conduct such as leering, making gestures,
  etc.
• written communication
• verbal abuse, graphic verbal comments, use of
  degrading words, etc.
• physical conduct such as touching, assault,
  impeding or blocking movements
• retaliation for making harassment reports or
  threatening to report harassment

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Who Is Liable for Sexual Harassment?

• Supervisors can be personally liable
• Employer
• Non-Employees

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Off-Duty Conduct

• Some off-duty conduct may lead to legal issues
• Social events involving employees, such as
  holiday parties
• Alcohol related issues, such as a supervisor
  purchasing alcohol for employees at a non-company
  sponsored get-together

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• Long-term and/or close working relationships.

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The Fine Line

• Incremental advances
• Small is more difficult
• New person in the room

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How do I say, Im not comfortable?
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Why Hesitate?

• Concerns about fitting in
• Not sure what to say

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Responding to Complaints and Correcting Harassment
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• Even when an employee requests no action, the
  employer must respond
• Even when an employee makes off the record
  reports.
• Even when there is no complaint the employer
  must investigate
• Just witnessing the conduct is enough to require
  a response by the employer

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• What to do
• Document the Complaint
• Consider possible leave(s) of absence
• Document accounts of witnesses
• Get the alleged harassers story
• Take action to prevent future conduct
• Communicate action taken
• Follow up

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• Retaliation is forbidden by law
• An employee who reports harassment or
  discrimination may not be retaliated against in
  any fashion

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Preventative Measures (Reasonable Care)

• Communicate position on harassment
• Complaint Procedure
• Investigative Procedure
• Remedies
• Training if needed
• Protection from Retaliation

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Rules of the Road

• That we treat each other (employees, customers,
  contractors, vendors, etc.) with respect and
  dignity at all times
• That we respect the wishes of others
• That we report harassment and sexual harassment
  promptly

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Inappropriate Response

• You should expect such behavior when you work
  with men.
• Better get used to it.
• Ignore it.
• Thats just the way he is.

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Retaliation
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What Employees Expect

• Supervisors recognize problems and potential
  problems
• Supervisors involve Human Resources immediately
• Investigate promptly and thoroughly
• Take immediate and appropriate corrective action
• Make follow-up inquiries

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5 GUIDELINES TO FOLLOW

• Look but do not touch
• Actually, dont look either
• Do unto other as you would have them do unto you,
  your spouse, your children or your parents
• Harassment is in the eyes of the beholder
• Use common courtesy and common sense

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QUESTIONS???