1 DEVELOPMENT OF SEXUAL HARASSMENT LAW 1964 Title VII prohibits sex discrimination in employment Rogers v. E.E.O.C. - The Court of Appeals for the Fifth Circuit held that a Hispanic complainant could establish a Title VII violation by demonstrating that her employer created an offensive work environment for employees by giving discriminatory service to its Hispanic clientele Williams v. Saxbe Court recognized sexual harassment as a form of sex discrimination when sexual advances by male supervisor towards female employee, if proven, would be deemed an artificial barrier to employment placed before one gender and not another Barnes v. Costle US Court of Appeals for the Second District ruled that if a female employee was retaliated against for rejecting sexual advances of her boss is a violation of Title VII s prohibition against sex discrimination City of Los Angeles, Dept. of Water and Power v. Manhart Supreme Court ruled that in administration of company pension plan Title VII of the Civil Rights Act of 1964 made it unlawful for an employer to discriminate against any individual because of such individual's sex EEOC issues guidelines forbidding sexual harassment as a form of sex discrimination Bundy v. Jackson - US Court of Appeals for the Second District ruled for the first time that Title VII liability can exist for sexual insults McKinney v. Dole - US Court of Appeals for the DC Circuit ruled that physical violence, even if it is not overtly sexual, can be sexual harassment if the unwelcome conduct is based on the victim s gender Meritor Savings Bank, FSB v. Vinson The Supreme Court first recognized sexual harassment as a violation of Title VII and established the standards for analyzing whether the conduct was welcome and levels of employer liability Hall v. Gus Construction - US Court of Appeals for the Eighth District finds that when male construction workers hazed three female colleagues, even if the conduct was not specifically sexual in nature, was gender based harassment Robinson v. Jacksonville Shipyards Federal District Court in Maryland found a sexually hostile environment where women were a small minority of the work force and crude language, sexual graffiti and pornography pervaded the workplace Ellison v. Brady Changed analysis of conduct from reasonable person to reasonable women test when determining whether actionable sexual harassment occurred Civil Rights Act of 1991 provides for jury trials and for increased damages in Title VII sexual harassment suits.
2 Harris v. Forklift Systems, Inc plaintiff may bring sexual harassment claim without necessarily showing psychological harm. In addition to Meritor, the factors when analyzing whether sexual harassment occurred include: o Frequency of conduct o Its Severity o Whether the conduct is physically threatening or humiliating o Or is a mere offensive utterance o And whether the conduct unreasonably interferes with employees work performance o No Single Factor is Required but Totality of the Circumstances Test Cerwinski v. Insurance Services New York District Court upholds the dismissal of a female employee who made unfounded harassment charges against a male manager after their romantic relationship had ended McKenzie v. Illinois Department of Transportation - US Court of Appeals for the Seventh Circuit dismisses sexual harassment claim based on a handful of sexually suggestive comments made over a three month period as not severe or pervasive enough even though victimized employee subjectively perceived the behavior as harassing Farley v. American Cast Iron Pipe Co - US Court of Appeals for the Eleventh Circuit rules that where an employer has an effective and well-disseminated policy against sexual harassment, the employer cannot be held liable for hostile work environment unless the victim reports the harassment under the policy Knabe v. Boury Corp - US Court of Appeals for the Third Circuit rules that a sexual harassment investigation need not be perfect and that the employer need not take the action the complainant suggests, so long as the action is reasonably calculated to prevent harassment Oncale v. Sundowner Offshore Services, Inc Supreme Court upholds complaint based on same sex harassment Faragher v. City of Boca Raton - Supreme Court decision that establishes that an employer is subject to vicarious liability for hostile environment created by a supervisor unless the employer can demonstrate that it exercised reasonable care to prevent and correct promptly any sexually harassing behavior and that the employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer Burlington Industries, Inc v. Ellerth - Companion Supreme Court decision to Faragher that further elaborates that the employer s Faragher defense to vicarious liability is not available if the employee suffers a tangible job consequence as result of supervisor's actions Kunin v. Sears Roebuck & Co. US Court of Appeals for the Third Circuit determined that adequate notice of sexual harassment by a co-worker must include enough information to raise a probability that sexual harassment occurred in the mind of a reasonable employer.
4 Article from the American Bar Association Website: General Practice, Solo & Small Firm Section Sexual Harassment The employer's role in prevention BY MARK I. SCHICKMAN Mark I. Schickman is partner in the San Francisco office of Fox and Grove, Chartered, a labor and employment law firm based in Chicago. He is chair of the General Practice Section's Labor and Employment Law Committee and president-elect of the Bar Association of San Francisco. The elimination of sexual harassment in the workforce is extremely important for every employer. There is a financial imperative to eliminate improper conduct as well as a moral one, as such conduct can result in extensive monetary liability imposed by juries that determine sexual harassment has occurred. It is difficult to eliminate sexual harassment because attempting to regulate romance runs contrary to some strong human urges. Ninth Circuit Court of Appeals Justice Alex Kozinski ("Gender Bias," San Francisco Recorder, May 27, 1992) notes that while the "bright line 'never mix business and sexual relationships'...is easy to remember, it is impossible to enforce, as men and women are drawn to each other in the workplace, as elsewhere. Even were it enforceable, do we really want to live in a society where normal flirtations, courtships and matings are routinely banned from the office and the factory?" While this question may get one answer from poets and philosophers, it will get a different one from lawyers trying to limit their client's liability. But before you and your client can begin to consider the interplay between the rights of free people to associate and the pervasive patterns of state and federal antiharassment laws and regulations, it is important to know what sexual harassment is, and how you and your client can recognize it. Identifying Sexual Harassmant A series of Supreme Court decisions from Meritor Savings Bank v. Vinson (477 U.S. 57 (1986)) through Harris v. Forklift Systems, Inc. (510 U.S., 126 L.Ed 2d 295, 114 S.Ct. 367 (1993)) has defined what sexual harassment means. Those cases, and the interpretative regulations of the Equal Employment Opportunity Commission (EEOC) (generally found at 29 C.F.R. 1604, et seq.), define two distinct types of sexual harassment. The more obvious is "quid pro quo" sexual harassment, which occurs when a beneficial condition of employment is premised upon an employee's submission to sexual advances. Frequently, that claim is also raised when an employee rejects a sexual advance, and claims a connection between that rejection and a subsequent adverse job action. That action might be a denial of a raise or promotion, a termination, or a "constructive discharge" where an employee claims that the retaliation made his or her job conditions intolerable. Far more pervasive and more evident in the courts is harassment based upon a "hostile work environment." According to the case law and the EEOC's interpretative regulations, a "hostile environment" is one that is so pervasive that it materially alters the terms and conditions of employment (29 C.F.R (a)). There is no clear definition of a "hostile work environment." It can occur where jokes, suggestive remarks, physical interference with movement (such as blocking one's path), pictures, cartoons, or sexually derogatory comments alter the circumstances of the workplace. Generally, repeated
5 conduct is required to prove a hostile work environment, and a "stray comment" has been held not to alter the working conditions sufficiently to create a cause of action. However, some comments or conduct can be so severe that a single incident can create liability. It does not matter whether the alleged harasser intended the conduct to be harassing or complimentary. Rather, the conduct is evaluated from the perspective of the victim. Thus, in Ellison v. Brady (924 F.2d 872 (9th Cir. 1991)), the trial court found that there was no harassment, characterizing the defendant employer as an inept Don Juan rather than a wrongdoer. The Ninth Circuit rejected the "reasonable person" standard utilized by the trial court since it "tends to be male biased and systematically ignores the experiences of women." Rather, the circuit court found that if a "reasonable woman" would find the conduct severe and pervasive enough to alter the terms and conditions of employment such that an offensive environment was created, then sexual harassment can be found. The practical advice for employers evaluating potentially harassing conduct is to be as conservative as possible. If conduct might be construed as harassing, it has no place in the workplace. If an employee (and especially a manager or a supervisor) is not sure whether or not conduct will be unwelcome, the best advice is to avoid such conduct. Creating a Harassment-Free Workplace An employer's obligations with regard to sexual harassment arise before any act of sexual harassment occurs. The EEOC requires that employers take reasonable steps to prevent harassment before it occurs. Most states have discrimination prohibition enforcement agencies, which generally impose similar requirements. Many states (including California) require an employer to post a sexual harassment prevention notice advising employees of their right to a harassment-free workplace; this is different from, and over and above, an employer's obligation under Title VII to post a general discrimination prevention poster. An important component of harassment prevention is the creation and dissemination of a sexual harassment prohibition policy and reporting procedure. This policy is critical because under federal case law, an employer fulfills its obligation if it takes all reasonable steps to prevent harassment before it occurs, and to take effective steps to remedy harassment after it takes place. If an employer demonstrates those attempts at prevention and remediation, it might not be found liable for the act of harassment itself. Other states, such as California, impose a "strict liability" test, where employers are liable for the conduct of their supervisors and managers regardless of their best efforts to prevent and to remedy harassment. Among the elements of a proper sexual harassment policy are the following: A statement of policy. An appropriately high decision maker, such as a company president or human resources department vice president, should set forth a firm policy banning sexual harassment, and identifying himself or herself as the person ultimately responsible for preventing harassment at the company. Definition of sexual harassment. A broad definition should be set forth that includes illegal sexual discrimination; unwelcome advances; requests for sexual favors; and any other verbal, visual, or physical conduct of a sexual nature. It should make clear that submission to any of that conduct cannot be made, explicitly or implicitly, a term or condition of employment, or used as a basis for any employment decisions. It must ban all behavior that has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile, or offensive work environment. It should include examples of sexual harassment, while making very clear that the list of examples is not intended to be all-inclusive. Non-retaliation policy. It is critical that the policy, and company practice, protect complainants and witnesses from any retaliation from any source as a result of initiating or supporting a sexual harassment allegation.
6 Specific procedures for prevention. The policy should make sexual harassment a disciplinary offense, and reserve the right to terminate an employee who is found to take part in that conduct. For employers who can do so, it should establish training programs in sexual harassment prevention, and urge employees to raise and resolve their concerns at an early stage. Where an employer has a history of sexual harassment that has been the subject of prior litigation, or that is widely known within the company, a training program is a critically important policy to consider. However, neither a commitment to training, nor any other written promise, should be put in a sexual harassment policy document unless it will be accomplished. It is better to have no procedure at all than to establish a procedure and then fail to comply with it. Therefore, while even the smallest of employers should have a written policy, small employers should probably delete this training component in most cases. Establish and enforce a clear and thorough investigation and remediation procedure. Your policy must actively encourage victims of sexual harassment to report the behavior, and expressly identify several appropriate individuals authorized to receive the harassment complaint. This will prevent the situation in which the alleged harasser is the person to whom the complaint would logically be addressed. Your application of the policy must be uniformly neutral and consistent. Establish a reporting procedure. The policy should be broadly disseminated to every employee, putting them on notice of the company's reporting procedure. In fact, because remedying harassment is so important to the company, the policy should put an affirmative duty on the employee to report any harassment that they have either suffered or observed. Timely reporting requirements. In most jurisdictions, there is a time limitation on a formal administrative charge ranging from six months to a year; an employer will not be able to impose a shorter time period as a legal prerequisite to filing a harassment complaint. However, the failure to meet a shorter complaint period (for example, 60 to 90 days) so that a "rapid response" and remediation may occur, and to help to ensure a harassment-free environment, could be raised as a defense to a claim of a series of harassing events that the company had no opportunity to remedy because of the late report. Supervisors should be told to take seriously, and to report, any report of potential harassment, no matter how "offhand" or informal. In addition, especially when dealing with some relatively more serious acts of harassment, a company may need to take action whether or not the employee reporting the harassment wants to. For example, an employee reports that her supervisor propositioned her on an out-of-town business trip, but concludes "I can take care of the situation myself, and I don't need anybody getting involved on my behalf. I'd rather let the matter drop." The next employee who might be propositioned by that same supervisor on an out-of-town trip might not be able to handle the situation herself, and the employer would almost certainly be liable to that second employee if she proved that the company knew about the supervisor's conduct and did nothing to stop it. For the same reason, confidentiality regarding a complaint and its investigation can only be promised "to the extent possible under the circumstances." While it is important to maintain all reasonable discretion and confidentiality during an investigation, sometimes it will be impossible. At some point during this process (at litigation, if not before), the alleged harasser will be able to find out the name of a complainant. A witness to forcible, physical sexual harassment may "not want to get involved"; but if a factual dispute arises, that witness might have no choice. The reporting procedure should impress upon all levels of the organization the importance of reporting complaints of harassment, and communicating those complaints to the appropriate level of management. Act upon a report of harassment. The investigation should be designed to obtain a prompt and thorough collection of the facts, an appropriate responsive action, and an expeditious report to the complainant that the investigation has been concluded, and, to the full extent
7 appropriate, the action taken. To accomplish that result, a company should establish a formal investigative process. The investigative effort is not an easy one. When interviewing the complainant and the alleged harasser, the questions need to be asked in a way that is not accusatory, overly familiar, or impartially supportive. Especially at the start of the investigation, questions should be asked in an open-ended manner; more pointed questions should be saved for the end of the interview or investigation. Make sure that all witnesses are identified as well as any other similar acts of harassment that allegedly occurred. During the investigation, the complainant's feelings and conduct should be inquired into. How did she respond to the alleged harassment? What action does the complainant want the employer to take as a consequence of the harassment? Advise the complainant that you will commence an investigation rapidly, and provide some idea of when you might get back to the complainant. Finally, an employer must determine whether any immediate, temporary action must be taken to separate the harasser from the complainant while the investigation is underway. Because that temporary action frequently causes operational problems, the solution should be used sparingly. However, in extreme cases it must be considered. The alleged harasser must also be given a full opportunity to tell his or her side of the story as part of the investigation. It is important that no conclusions be reached until the alleged harasser has a chance to tell his or her story. Like the complainant, the alleged harasser must also be given an opportunity to identify all supporting witnesses, and asked in an open-ended fashion to provide any information that he or she believes might be helpful as part of the investigation. Typically, the alleged harasser will hold some supervisory authority for the employer; where that is the case, he or she must be told that there can be no retaliation for the sexual harassment complaint, and that any retaliation will result in termination of employment. If the investigation finds that sexual harassment has occurred, some level of formal sanctions should be imposed. The range of sanctions could include a written reprimand, removal of management authority or duties, suspension, or termination; the proper remedy has to be determined on a case-by-case basis. The sanctions should be communicated in writing as part of that employee's personnel file. The complainant should be advised of the remedial action against the harasser, though the specific sanction imposed is generally not disclosed. If the investigation does not yield proof that the claimed harassment occurred, that fact should be communicated to both the complainant and alleged harasser. That communication should include a restatement of the company policy against harassment or retaliation, and assure the complainant that no adverse action will be taken as a result of the complaint (see "False Accusations" Policies). Conclusion The difficulty in differentiating between wholesome human romance and offensive sexual harassment is that it is always determined in retrospect, through a veil of human emotions, observations, and stereotypes. Is it sexual harassment to use a company's electronic mail system to ask a subordinate out on a date? Why is it the company's business if a company executive and a secretary go out on dates over the weekend, and agree to keep their relationship out of the office? Doesn't it aid the workplace environment if a co-ed group of employees who all seem to appreciate risque jokes has a pattern of telling those jokes to each other in the office? In support of the view that the workplace should not prohibit any of that conduct, Justice Kozinski ("Gender Bias," San Francisco Recorder, May 27, 1992) wrote: "While many frown on romance in the workplace, it is a fact of life. Indeed, I would suggest that it is an important and enduring reality and that, within bounds of propriety and good taste, romance in the workplace should be accepted rather than forbidden." The problem, from the point of view of an admittedly cynical litigator, is that the "bounds of propriety and good taste" are very difficult for a jury to demarcate two years after the fact. Whether a liaison was a voluntary, mature choice made by two adults or an abuse of power by a supervisor requesting sexual favors is hard to prove in retrospect. A claim that an employee was too intimidated to challenge the sexually charged work environment created by the supervisor is even harder to disprove. Whether a consensual sexual relationship will stay out of the office won't be known until it is too late.
8 I recognize the appeal in Justice Kozinski's suggestion; as an employer, I might even make the decision to adopt it--risks and all. However, as a lawyer advising clients as to how to limit liability in an ever more litigious employment setting, I don't recommend it. Society demands two mutually exclusive things from employers. First, the workplace has become a place where workers bring much of their personal lives, as a central point of their existence. However, the workplace environment is not permitted to cross an ill-defined line; if crossed, allegations of medical discrimination, age discrimination, sexual harassment, or other forms of unlawful conduct can be made. Employers must walk a tightrope between an emotionally rich environment and a legally prohibited one. A proper sexual harassment policy that is consistently enforced can help maintain that fine distinction. Sidebar: "False Accusations" Policies I do not recommend a published and identified procedure for a finding that a complaint is a "false accusation," which calls for action against the complainant. Such a procedure can have a chilling effect against the raising of complaints. More important, it can be argued that an employee failed to report harassment for fear of disciplinary action under the guise of the "false accusations" procedure. Especially because many claims of harassment are proven solely by one person's word against another's, such a policy is ill advised. However, many thoughtful and comprehensive policy statements contain such a procedure. For example, the ABA Commission on Women in the Profession published a model sexual harassment policy document in June 1992, which suggests the following policy: The firm recognizes that the question of whether a particular course of conduct constitutes sexual harassment requires a factual determination. The firm recognizes also that false accusations of sexual harassment can have serious effects on innocent persons. If an investigation results in a finding that a person who has accused another of sexual harassment has maliciously or recklessly made false accusations, the accuser will be subject to appropriate sanctions, including discharge.
EMPLOYER S LIABILITY FOR SEXUAL HARASSMENT BY SUPERVISORS Charges of Sexual Harassment Are a Small Business Nightmare Statistics Bare This Out. Last year, 15,222 charges of sexual harassment were filed
DEPARTMENT OF PUBLIC WORKS MANAGEMENT MANUAL Personnel Directive Subject: PROCEDURE FOR PREVENTING AND/OR RESOLVING PROBLEMS RELATED TO SEXUAL HARASSMENT ADOPTED BY THE BOARD OF PUBLIC WORKS, CITY OF LOS
File: ACAB WESTFIELD PUBLIC SCHOOLS SEXUAL HARASSMENT POLICY I. Introduction It is the goal and policy of Westfield Public Schools to promote a workplace and learning environment that is free of sexual
SEXUAL HARASSMENT IN THE WORKPLACE: EMPLOYER LIABILITY FOR THE SINS OF THE WICKED by Peter M. Panken, Esq. Lauri F. Rasnick, Esq. Parker Chapin Flattau & Klimpl, LLP New York, New York Johnna G. Torsone,
Liabilities and defenses for sexual harassment Liabilities and defenses for sexual harassment Resource kit 90132 By Jill R. Muratori, Esq. The U.S. Supreme Court issued two ground-breaking decisions on
ANDREW M. CUOMO Governor HELEN DIANE FOSTER Commissioner GUIDANCE ON SEXUAL HARASSMENT FOR ALL EMPLOYERS IN NEW YORK STATE STATUTORY REQUIREMENTS Sex discrimination is unlawful pursuant to the New York
SEXUAL HARASSMENT Taylor s Special Care Services, Inc. Simon Pop, MBA Chief Operating Officer 2015-2016 1 Agenda Overview-Why talk about sexual harassment? Why get training? Statistics What is sexual harassment?
The State of Sexual Harassment in America: What is the Status of Sexual Harassment in the US Workplace Today? Steven V. Cates, DBA, SPHR Lynn Machin, Kaplan University, USA ABSTRACT The purpose of this
Sexual Harassment Awareness Orientation: This week s on-line assignment is about sexual harassment in the school and the workplace. We are discussing this subject because sexual harassment is an illegal
Employees Guide to Understanding Sexual Harassment Publication 553 July 1998 Dear Postal Employee: The United States Postal Service wants all employees to know that sexual harassment will not be tolerated
SEXUAL HARASSMENT DISCRIMINATION COMPLAINT PROCEDURE The policy of the City of Los Angeles is to promote and maintain a working environment free of sexual harassment, intimidation, and coercion. Sexual
SEXUAL HARASSMENT: TRENDS & DEVELOPMENTS Presented by Kent R. Smith Jackson Walker L.L.P. Sexual Harassment Defined Sexual harassment, of course, is a form of sex discrimination under Title VII. Meritor
EEO RELEASES ENFOREMENT GUIDANE ON VIARIOUS EMPLOYER LIABILITY FOR UNLAWFUL HARASSMENT BY SUPERVISORS July 1999 www.morganlewis.com Brussels Frankfurt Harrisburg London Los Angeles Miami New York Philadelphia
SEXUAL HARASSMENT POLICY STATEMENT The company is committed to providing a workplace that is free from all forms of discrimination, including sexual harassment. Any employee's behavior that fits the definition
November 2006 LABOR AND EMPLOYMENT ALERT SEXUAL HARASSMENT AND RETALIATION IN THE WORKPLACE: WHAT NONPROFITS NEED TO KNOW When it comes to the law of sexual harassment and retaliation, nonprofit organizations
Bender s Article on MCAD Sexual Harassment Guidelines The Massachusetts Commission Against Discrimination s Sexual Harassment Guidelines: Blueprint for Proper Behavior in the People s Republic of Massachusetts
GBAA SEXUAL HARASSMENT AND OTHER ILLEGAL HARASSMENT, DISCRIMINATION AND SEXUAL VIOLENCE POLICY FOR SCHOOL DISTRICT EMPLOYEES Category P Required by Law I. GENERAL STATEMENT OF POLICY Objective The District
Town of Salisbury 5 Beach Road Salisbury, Massachusetts 01952 This policy is applicable to all employees of the Town of Salisbury. For those employees covered by Collective Bargaining Agreements, the provisions
NEW JERSEY STATE POLICY PROHIBITING DISCRIMINATION IN THE WORKPLACE I. POLICY a. Protected Categories The State of New Jersey is committed to providing every State employee and prospective State employee
POLICY 14-UMBER &/tay2-6t/v ISSUED Edward Mar _ City _Manager March 13, 1997 REVISIONS REVISED SECTION III. Legal Ramifications IV. Policy Implementation V. Non-Retaliation VI. Notification SUBJECT: POLICY
Town of Greenfield, Massachusetts Human Resources Department SEXUAL HARASSMENT POLICY PROCEDURES FOR MANAGERS Table of Contents Topic Page Policy Provisions 2 Definitions 3 Types of Sexual Harassment 4
I. Purpose Department of Homeland Security DHS Directives System Directive Number: 256-01 Revision Number: 00 Issue Date: ANTI HARASSMENT POLICY This Directive is intended to prohibit and prevent harassment
The Basics of Sexual Harassment Sexual Harassment is a violation both of Federal Law and the laws of most states. For employers, it is fairly easy to take steps to prevent sexual harassment and to defeat
Response to Complaints of Harassment, Violence and Discrimination To limit potential liability, employers should immediately respond to complaints of harassment, violence or threats of violence, and discrimination.
Sexual harassment interferes with a productive working environment, interjects irrelevant considerations into personnel decisions and generally demeans employees who are victims of harassment. Moreover,
COURT-ORDERED SEXUAL HARASSMENT POLICY Robinson v. Jacksonville Shipyards, Inc. 136 L.R.R.M. (BNA) 2920 (N.D. Fla. 1991) Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on
ACAA Also GBB SEXUAL HARASSMENT It is the goal of the Milton School Committee and the Milton Public Schools to promote a school environment and workplace that is free of sexual harassment. Sexual harassment
INTRODUCTION This brochure is intended to educate Treasury employees about the prevention of harassment in the workplace. Harassment is a matter of particular concern because it seriously damages the employee-employer
Town of Amherst Policy Against Sexual Harassment and Unlawful Harassment Revised March 2013 Town of Amherst Policy Against Sexual Harassment and Unlawful Harassment I. Policy Statement It is the policy
CITY OF LOS ANGELES SEXUAL ORIENTATION, GENDER IDENTITY, AND GENDER EXPRESSION DISCRIMINATION COMPLAINT PROCEDURE The policy of the City of Los Angeles has been, and will continue to be, to promote and
HARASSMENT POLICY AND COMPLAINT PROCEDURE C-25 1 of 3 PURPOSE: The purpose of this policy is to establish a strong commitment to prohibit and to prevent unlawful harassment in employment, and to set forth
PERSONNEL All Staff Permanent Personnel Conditions of Employment Equal Employment Opportunity/Anti-Harassment 4014.2 It is the policy of the Clintonville Public School District that no person may be illegally
STATE OF CALIFORNIA DATE: 07/23/03 NO. 03-07 EXPIRES: Indefinite DEPARTMENT OF JUSTICE JUS 400 (REVISED 7/85) DISTRIBUTION: A - MANAGEMENT MANAGEMENT BULLETIN B - MGMT & SUPERVISORY X C - ALL EMPLOYEES
State of Wisconsin Department of Workforce Development Equal Rights Division Civil Rights Bureau Wisconsin Fair Employment Law #2 in a Series Harassment IN THE WORKPLACE Harassment in the Work Place 1.
Page 1 ANTI-DISCRIMINATION, HARASSMENT AND BULLYING (STUDENT POLICY) The Board of Education is committed to promoting the worth and dignity of all individuals. It believes that all employees and students
Non-Discrimination and Anti-Harassment Policy OP 03.03 Policy Mississippi State University is committed to assuring that the University and its programs are free from discrimination and harassment based
Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 19, Number 4 (19.4.5) Feature Article By: William G. Beatty Johnson & Bell, Ltd. Employer
NLG SEXUAL HARASSMENT POLICY AND COMPLAINT PROCEDURE 1.0 Introduction The National Lawyers Guild (NLG) is committed to providing a safe environment for all members of the organization, free from any harassing
0115 STUDENT BULLYING PREVENTION AND INTERVENTION The Board of Education is committed to providing an educational and working environment that promotes respect, dignity and equality. The Board recognizes
HealthStream Regulatory Script Sexual Harassment in the Workplace Version: May 2008 Lesson 1: Introduction Lesson 2: What Is Sexual Harassment? Lesson 3: Responsibilities of Employers and Employees Lesson
LEGAL ANALYSIS Sexual Harassment in the Workplace: Examining Title VII and the Elliott-Larsen Civil Rights Act Jenni M. Slauter 1 Introduction Title VII of the Civil Rights Act of 1964 prohibits employment
How to Protect Students from Sexual Harassment: A Primer for Schools This fact sheet is part of a series of tools designed by the National Women s Law Center to help schools address the dropout crisis.
CITY OF HOUSTON Executive Order E.O. No: 1-50 Effective Date: April 6, 2012 1. AUTHORITY 1.1 Article VI, Section 7a, City Charter of the City of Houston. 2. PURPOSES 2.1 To define workplace discrimination
Workplace Anti-Harassment Policy (Alberta) Intent It is public policy in Canada to recognize the dignity and worth of every person and to provide for equal rights and opportunities free of discrimination.
Page 1 of 7 SECTION E: ETHICAL RESPONSIBILITIES Faculty members shall follow professional ethical standards in conducting the affairs of the University. These standards are articulated in the Statement
Employer Liability for ^ Harassment by Supervisors^ An Overview of the \999 EEOC Guidelines> r -^ Although the Supreme Court held that employers are sometimes liable for the sexual harassmenl of employees
Supreme Court of Pennsylvania Unified Judicial System of Pennsylvania Policy on Non-Discrimination and Equal Employment Opportunity The Supreme Court of Pennsylvania declares that it is the policy of the
Workplace Harassment In 2012 alone, the US Equal Employment Opportunity Commission ordered that $365,400,000 (that s 365.4 million dollars!) be paid out for discrimination and harassment charges. No wonder
1.0 Introduction The World Bank Group Policy on Eradicating Harassment Guidelines for Implementation The World Bank Group is committed to fostering a workplace free of harassment and intimidation, where
Preventing & Dealing With Sexual Harassment October 21, 2013 Objectives Review the legal definition of sexual harassment Increase awareness of behaviors that constitute sexual harassment Learn Saint Joseph
1. Purpose. The purpose of this policy is to maintain a healthy work environment in which all individuals are treated with respect and dignity and to provide procedures for reporting, investigating and
Subtle Sexual Harassment Program 1 The Issue is Respect Facilitator s Guide QMR.COM (Quality Media Resources, Inc.) PO Box 1706 Bellevue, WA 98009-1706 TEL: (800) 800-5129 or (425) 455-0558 e-mail: email@example.com
COUNTY OF LOS ANGELES POLICY OF EQUITY Effective July 1, 2011 THE POLICY All Los Angeles County (County) employees are required to conduct themselves in accordance with the entirety of this County Policy
Harassment Prevention for Small Business Owners Compliance Training What you don't know or aren't doing can hurt you. www.runasmarterbusiness.com/nfib Disclaimer Although this webinar may contain legal
INTRODUCTION INVESTIGATIONS GONE WILD: Potential Claims By Employees By: Maureen S. Binetti, Esq. Christopher R. Binetti, Paralegal Wilentz, Goldman & Spitzer, P.A. When can the investigation which may
3-4018 Discrimination/ Harassment NEW COLLEGE OF FLORIDA The College shall actively promote a community in which diversity is valued. The College is committed to promoting an environment free from discrimination
Sexual Harassment in the Law Firm Setting Presented by Joel M.Grossman, Mediator and Arbitrator ADR Services, Inc 1900 Avenue of the Stars, Suite 250 Los Angeles, CA 90067 (310) 201-0010 Direct Tel: (323)
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA KEYBOARD()DIVISION KEYBOARD(), Plaintiff, v. KEYBOARD(), Defendants. ] ] ] ] ] ] ] ] ] CV Members of the Jury: COURT S INSTRUCTIONS
Sexual Ethics in the Workplace 1 Why Training To communicate the policy UWGB has in place to address this topic Training is the best way to ensure our policies are more than just pieces of paper. Communication
NORTH CAROLINA WESLEYAN COLLEGE POLICY ON GENDER DISCRIMINATION AND SEXUAL HARASSMENT It is the policy of North Carolina Wesleyan college that unlawful gender discrimination in any form, including sexual
AR 5145.7 (a) Students SEXUAL HARASSMENT As defined by Education Code Section 212.5, Sexual harassment means unwelcome sexual conduct including advances, requests for sexual favors, and other verbal, visual,
Sexual Harassment Awareness and Prevention Education Manual This manual is to help educate the University community about sexual harassment in an effort to prevent its occurrence and to provide information
FTHRA Workplace Harassment Training BLR BLR Business & Legal & Legal Resources 1408 1301 What Is Harassment? Harassment is unwelcome behavior directed at a member of a protected group Harassment usually
Court Services and Offender Supervision Agency for the District of Columbia POLICY STATEMENT I. COVERAGE SEXUAL HARASSMENT POLICY This Policy Statement is addressed to all Court Services and Offender Supervision
TITLE: NUMBER: ISSUER: Sexual Harassment Policy (Employee-To-Employee) BUL-1893.1 Kevin S. Reed, General Counsel ROUTING Principals Administrators All Employees DATE: August 1, 2005 POLICY: The Los Angeles
HOW TO CONDUCT A HARASSMENT INVESTIGATION By law, remedial action to end harassment must be taken promptly. According to the Equal Employment Opportunity Commission (EEOC) Guidelines, a duty to investigate
2.2.2 Policy Prohibiting Discrimination and Harassment The University of San Diego is committed to upholding standards that promote respect and human dignity in an environment that fosters academic excellence
YMCA of High Point Whistleblower Policy and Procedure In keeping with the policy of maintaining the highest standards of conduct and ethics, the YMCA of High Point will investigate any suspected fraudulent
Mastery Test--Common Preventing Workplace Harassment California Supervisory Edition 1. An individual filing a sexual harassment complaint must personally be the intended target of the behavior? Incorrect.
Chicago Public Schools Policy Manual Title: COMPREHENSIVE NON-DISCRIMINATION, TITLE IX AND SEXUAL HARASSMENT Section: 102.8 Board Report: 08-0123-PO4 Date Adopted: January 23, 2008 Policy: THE CHIEF EXECUTIVE
United Nations ST/SGB/2008/5 Secretariat 11 February 2008 Secretary-General s bulletin Prohibition of discrimination, harassment, including sexual harassment, and abuse of authority The Secretary-General,
N E W Y O R K S TAT E U N I F I E D C O U RT S Y S T E M Sexual Harassment: Policy Procedures Message from the Chief Administrative Judge On behalf of New York State s Unified Court System, I am pleased
Sexual Harassment Law Basics A manual brought to you by David Scott Peters The restaurant business by nature is susceptible to claims of sexual harassment. Restaurants are venues of entertainment, which
POLICY NUMBER I-21 Page 1 of 16 A. Miami Dade College is an equal access/equal opportunity institution which does not discriminate on the basis of sex, race, color, marital status, age, religion, national
STUDENT PROTECTION FROM DISCRIMINATION AND HARASSMENT The Law School has been embracing diversity and equal opportunity since its founding in 1899. Our founders believed that a legal education should be
THE CITY OF SAN DIEGO M E M O R A N D U M DATE: TO: FROM: SUBJECT: All City Employees, Elected Officials, Contract Workers and Volunteers Kevin Faulconer, Mayor Jan Goldsmith, City Attorney Judy von Kalinowski,
Canadian Pacific Railway Policy 1300 Discrimination and Harassment Policy All Employees and Applicants (Canada) Issuing Department: Human Resources Policy Statement CPR is committed to our corporate values
: by Patti J. Skoglund firstname.lastname@example.org 8519 Eagle Point Boulevard, Suite 100 Lake Elmo, Minnesota 55042-8624 (651) 290-6500 EMPLOYMENT LAW WHAT S NEW? I. FAMILY RESPONSIBILITY DISCRIMINATION FRD New
HARASSMENT IN THE WORKPLACE: Reducing an Employer s Risks Lemle & Kelleher, LLP 2007, 2008 Baton Rouge One American Place 301 Main Street Suite 1100 Baton Rouge, LA 70825 Phone: 225.387.5068 Fax: 225.387.4995
BULLYING/ANTI-HARASSMENT The state of Mississippi has established legislation requiring Bullying Prevention to be taught in schools. Executive Summary The purpose of this policy is to assist the Mississippi
APPENDIX C HARASSMENT, BULLYING, DISCRIMINATION, AND HATE CRIMES (Adaptedfrom the Attorney General's Safe Schools initiative) This section of the Code of Conduct has been adapted from the Greenfield Public
COLUMBIA COLLEGE CHICAGO 1 Section I. Statement of Policy Columbia is committed to maintaining an environment that respects the dignity of all individuals. Accordingly, Columbia will not tolerate harassment
Harry E. Owens, IPMA-CP Adjunct Faculty, University of Georgia U.S. Equal Opportunity Commission 1 What is The Equal Employment Opportunity Commission? What are the Federal Laws Prohibiting Job Discrimination?
: 1 : POLICY ON PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE I. COMMITMENT: Our Company is committed to providing work environment that ensures every employee is treated with dignity and respect and afforded
Acalanes Union HSD Board Policy Sexual Harassment BP 5145.7 Students The Governing Board is committed to maintaining a safe school environment that is free from harassment and discrimination. The Board