Paul C Gibson - Sexual harrassment prevention training manual for managers and supervisors: How to prevent and resolve sexual harrassment complaints in the workplace (Employment ... resources management professional
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Sexual harrassment prevention training manual for managers and supervisors: How to prevent and resolve sexual harrassment complaints in the workplace (Employment ... resources management professional
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Sexual Harassment Prevention Training Manual For Managers and Supervisors
How to prevent and resolve sexual harassment complaints in the workplace
Paul C. Gibson, J.D.,S.P.H.R. Marjorie A. Johnson, J.D.
CCH INCORPORATED Chicago
Page 2
This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service, and the authors are not offering such advice in this publication. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.
ISBN 0808002872
1998, CCH INCORPORATED 4025 W. Peterson Ave., Chicago, IL 606466085 18002483248 http://www.cch.com
No claim is made to original government works; however, the gathering, compilation, magnetic translation, digital conversion, and arrangement of such materials, the historical, statutory and other notes and references, as well as commentary and materials in this Product or Publication, are subject to CCH's copyright.
All Rights Reserved
Printed in the United States of America
Page 3
Introduction
Sexual harassment can have devastating effects in the workplace. Managers and supervisors who engage in sexual harassment subject their companies to automatic liability, regardless of whether the company condones the conduct or is even aware of it. Non-supervisory employees who engage in harassment can also subject their employer to liability if the company knows or should know about the conduct and fails to take prompt action to stop it. In addition to the potential financial costs of lawsuits brought by victims of harassment, a company that allows sexual harassment in the workplace often suffers lowered employee morale, negative publicity and high turnover.
A company's best defense is an offense. Companies must take action to prevent and eliminate sexual harassment by creating, communicating and strictly enforcing a strong, zero-tolerance policy against sexual harassment and other inappropriate conduct. A company's managers and supervisors play the most crucial role in the communication and enforcement of that policy. They are often the first to hear a complaint of sexual harassment or to see inappropriate sexual activity in the workplace. And even if they are not the first to see it, they may be the best persons with the power to stop it.
Managers and supervisors must, therefore, have a clear understanding of what sexual harassment is, be aware of ways to prevent it, and know how to eliminate it. The actions of managers and supervisors must send a clear message to all employees that sexual harassment will not be tolerated under any circumstances.
Managers and supervisors must work together with human resources and other company representatives charged with the responsibility to monitor EEO practices. When they are confronted with sexual harassment complaints or see behavior that is inappropriate, managers and supervisors must be able to swiftly address the complaint or stop the conduct. They must take all allegations seriously, and never dismiss a complaint as trivial.
Much of the advice in this book is written to instruct managers and supervisors about the legal definitions of sexual harassment. But management can and should enforce policies that set higher standards by prohibiting all types of conduct that may be offensive to employees of one gender. Not all conduct that is offensive or even vulgar violates the law. But tolerating offensive conduct because a company thinks it is not severe enough to constitute sexual harassment is not a good idea. What is offensive but legal one day may not be legal the next day. Any time offensive conduct is allowed in the workplace, a company risks the disruption and expense of a sexual harassment lawsuit.
September 1998
Page 5
Table of Contents
Quiz: Test Your Knowledge about Sexual Harassment
7
Why Do Managers and Supervisors Need to Learn about Sexual Harassment?
11
Anti-Harassment Guidelines: 10 Steps Managers and Supervisors Must Follow
12
Chapter One: How Does Sexual Harassment Violate the Law?
14
Who Does the Law Protect?
15
How Does the Law Define Sexual Harassment?
16
Chapter Two: When Is Conduct Unwelcome?
19
Chapter Three: What Makes a Work Environment Hostile?
23
Chapter Four: Why Manager-Subordinate Romances Can Be Dangerous
31
Chapter Five: When Is an Employer Liable for Sexual Harassment?
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