AB Training Conducted by: Camille French,MBA,SPHR HR Consulting Partner

Transcription

1 AB 1825 Sexual Harassment Training Training Conducted by: Camille French,MBA,SPHR HR Consulting Partner

2 Agenda The Law and the Regulatory Agencies Harassment Discrimination The Policy The Manager s Role The Investigation Process

3 WELCOME This class will be 2 hours in length A requirement of CA AB1825 is for the class to be interactive, so we will ask for your input and ideas, and we ll ask review questions to participants periodically throughout the presentation Feel free to ask your own questions throughout the training

4 WELCOME Be aware of noise levels in the room, particularly if you have a group listening via speaker phone. Feel free to mute your phones. Please do not put your phone on hold during the presentation(unless it is muted) or the rest of the group may hear music/advertising that will disrupt the training. Be prepared to un-mute your phones at times to answer questions or share your insights.

5 WELCOME This is a safe environment for questions All questions are welcome there are no dumb questions To ensure confidentiality, either share information without naming names or discuss a hypothetical situation In our examples we refer to hypothetical scenarios or actual case law You may not agree with everything that is discussed, but the objective of this training (and your responsibility) is compliance with the law

6 INTRODUCTIONS Please share Your name Your role within your organization Years of supervisory experience Something you would like to learn throughout the discussion

7 Why are you here? Assembly Bill 1825 became effective in January 2005 Added a provision to California s Fair Employment Housing Act requiring employers to regularly provide anti-harassment training for supervisors consisting of at least two hours of classroom or other effective interactive training.

8 Training purpose To comply with the law. To help employers change workplace behaviors that create or contribute to harassment To develop and encourage a set of values in supervisors that will assist them in preventing and effectively responding to incidents of harassment.

9 In the End You Will. Understand what comprises harassment Understand who can be a victim of harassment Be able to identify and address inappropriate behaviors Know how to avoid illegal conduct Know how to manage a harassment-free workplace Know how to appropriately respond to a harassment complaint

10 LEGAL DISCLAIMER This training is intended to be informative and efforts have been made to provide accurate and timely information. However, the information provided is not intended to serve as legal advice, instead we will discuss good HR guidance.

11 Background Information

12 HISTORY Federal agency enforcing federal laws that prohibit harassment, discrimination, and retaliation. Equal Pay Act of 1963 Title VII of the Civil Rights Act of 1964 Pregnancy Discrimination Act (amended) Lily Ledbetter Fair Pay Act of 2009 Age Discrimination in Employment Act of 1967 Americans with Disability Act of 1990 The Genetic Information Nondiscrimination Act of 2008

13 Sexual Harassment Laws AB 76 makes employers liable for any sexual harassment encountered by their employees in the workplace, including treatment by customers and vendors AB 1825 requires California employers with 50 or more employees to provide supervisors at least two hours of sexual harassment training every two years

14 Who is a Supervisor? According to the Equal Employment Opportunity Commission (EEOC), an individual qualifies as an employee's supervisor if the individual has authority to undertake or recommend tangible employment decisions affecting the employee, or has authority to direct the employee's daily work activities.

15 What does tangible mean? Any event that results in a significant change in employment status. Must have undesirable consequences for the employee. Doesn t mean everything that makes an employee unhappy. Examples disciplinary action, demotion or termination

16 Federal Categories Age (40 and over) National Origin Religious Creed Disability Pregnancy Race Sex California Categories Age (40 and over) National Origin (Including language restrictions) Religion Mental Disability Physical Disability (includes pregnancy, AIDS, HIV) Medical Condition (includes genetic characteristics) Race Ancestry Color Sex Sexual Orientation

17 What does Sexual Harassment mean to you?

18 Sexual Harassment Unwelcome sexual advances Requests for sexual favors And other verbal, visual or physical conduct of a sexual nature when: Submission to such conduct by an individual is made, explicitly, or implicitly, a term or condition of employment Submission to or rejection of such conduct by an individual is used as the basis for an employment decision Such conduct has the purpose or effect to interfere with an individual s work performance or creates a hostile or intimidating environment

19 Two Types of Protection Federal Level Title VII of the Civil Rights Act of 1964 prohibits discrimination based on: race color religion national origin gender/sex (including childbirth, and related conditions) enforced by EEOC

20 Laws Prohibiting Harassment State Level California Fair Employment and Housing Commission prohibits: Harassment based on sex or of a sexual nature Gender harassment Harassment based on pregnancy, childbirth, or related medical condition Includes many forms of offensive behavior, including harassment of a person of the same gender as the harasser

21 Harassment is not just about sex! Race Color Religion National Origin Gender Disability Age Sexual Orientation

22 New Rules in CA for 2012 AB 887 has redefined Gender to include a person s: Gender Identity how an individual sees their gender Gender Expression person s gender related appearance and behavior. Assigned sex at birth has no bearing. Requires employers to allow employees to dress consistently with the employee s gender identity and gender expression.

23 What does Sex Discrimination mean to you?

24 Sex Discrimination Discrimination based on an individual s gender. Also includes: Pregnancy, childbirth, or related medical condition Woman s desire to become pregnant Whether a woman has had an abortion

25 Sex Discrimination Equal Opportunity Laws prohibit discrimination based on sex. Every employee has the right to be free from harassment discrimination that s based on sex.

26 Types of Harassment

27 Quid Pro Quo Harassment Most blatant form of harassment Latin phrase meaning this for that Involves expressed or implied demands for sexual favors in exchange for some benefit Promotion, pay increase, etc. Or to avoid some detriment in the workplace Termination, demotion, etc. By definition, it can be perpetrated only by someone in a position of power or authority over another manager or supervisor over a subordinate

28 Hostile Environment Hostile Environment is sexual or other discriminatory conduct that is so severe or pervasive that it interferes with an individual s ability to perform their job; Creates an intimidating, offensive, threatening or humiliating work environment; Or causes a situation where a person s psychological well-being is adversely affected. It can be verbal, physical and even visual.

29 Hostile Environment Can be perpetrated by anyone in the work environment including a peer, supervisor, subordinate, vendor, customer or contractor. Conduct must be: 1. Unwelcome 2. Directed at protected category 3. Offensive to a reasonable person 4. Severe or pervasive

30 What is Severe and Pervasive? Severe Sexual assault, rape Grabbing, fondling, forcibly kissing Acts of violence or severe intimidation based on ethnicity Pervasive Pattern of repeated conduct

31 How do you know if it s a Hostile Environment? Reasonable Person Standard Would a reasonable person find the conduct offensive? It doesn t matter if: The person intended it to be funny Others thought it was funny The person complaining seemed to go along at the time

32 Name that Harassment A supervisor tells an employee in his department that she can have a raise if she sleeps with him. Continuous sexual propositions to an employee even without directly tying the employee s response to a condition of employment.

33 Name that Harassment If an employee refuses a supervisor s sexual advances which causes the supervisor to negatively alter the employee s working hours. Constant use of sexually provocative or obscene language. Physical touching? It Depends. Most physical touching claims are the kind that are obviously offensive in places that are obviously off limits.

34 What do you see?

35 What do you see?

36 More Examples of Physical Harassment Touching Pinching Patting Grabbing Brushing against or poking an employee s body Hazing or initiation that involves a sexual component Requiring an employee wear sexually suggestive clothing

37 What do you see?

38 Example of Verbal Harassment

39 More Examples of Verbal Harassment Name-calling Belittling Sexually explicit or degrading words to describe an individual Sexually explicit jokes Comments about an employee s anatomy and/or dress Sexually oriented noises or remarks Questions or comments about a person s sexual practices Use of patronizing terms or remarks Verbal abuse Graphic verbal commentaries about the body Cell phone ring tones

40 What do you see?

41 What do you see?

42 More Examples of Visual Harassment Sexual pictures, writing, or objects Obscene letters or invitations Staring at an employee s anatomy Leering Doodling Sexually oriented gestures Mooning Unwanted love letters or notes Inappropriate s and internet usage

43 Bullying in the Workplace Harmful to employees experiencing it Has a significant impact on the workplace Affects morale, motivation, work performance and productivity Can lead to higher absenteeism, health care costs and turnover Most common bully Supervisors, followed by coworkers.

44 Bullying or Conflict: What s the difference? Conflict: A disagreement that happens when people want different things The people involved have equal power to solve the problem They both want control or win the situation, but hurting each other is usually not the main goal Bullying: One has more perceived power The intent is to hurt, control, embarrass or exclude the other Often a repeated situation

45 Forms of Bullying Verbal Cultural Spreading Rumors Ethnicity, language Insults, embarrassment Cyber-Bullying Teasing Text Physical Social Media Hitting, kicking, pushing Taking/damaging belongings Social Exclusion Gossip

46 When Bullying & Conflict Happens At the incident Step between and stop Assess the situation Conflict: Problem solve, mediate Bullying: Report to HR department Follow Up With targeted, bullier, and bystanders If you know about it, you are a part of it!

47 How do you know if the behavior is unwelcome?

48 Unwelcome?

49 How do you know it is unwelcome? Employee complains Verbal response (or lack thereof) Expression changes Body language Person appears to feel uncomfortable Avoidance

50 More examples of illegal sexual harassment Unwanted intercourse Kissing Self-exposure Questions/comments regarding an individual s sexual fantasies, relationships, anatomy, fertility or appearance Love letters Displaying pornographic pictures, sexual devices, or explicit objects Sexual comments, jokes, gestures and demeanor that are sexually derogatory, insulting, suggestive or obscene.

51 Who are potential harassers? Supervisors Peers Subordinate Vendor Customer Contractor Clients Neighbors

52 Co-Worker Harassment Co-workers can be just as guilty as supervisors Employer can be just as liable if it knows or should have known about the harassment and failed to stop it

53 Does it have to happen at work? NO! At work or away from the workplace During work hours or off-duty Employers are responsible for preventing sexual harassment of employees, no matter who is causing the problem or where it is occurring.

54 Who is the Victim? The victim can be the person who is the target of the behavior. Or it can be a third party who is not the intended recipient of the behavior. This is a person who merely witnesses or overhears the behavior, and finds it offensive. Third party complaints are actually fairly common, especially where two or three people frequently joke around with each other and are unaware, or just don t care, how their behavior affects others.

55 What do you see?

56 What do you see?

57 What do you see?

58 What do you see?

59 Which type of harassment? Samuel is Melanie s manager. They are working together on a project and Samuel has asked Melanie to dinner to discuss their work. After dinner, he says, Perhaps if we collaborate well on this project, I can make things easier for you at your next evaluation His tone of voice insinuates what he means by collaborate.

60 Which type of harassment? Julia heads to the mail room at a large insurance company. She is in charge of many new hires who are anxious to move ahead in the company. She is overheard by an employee saying to another, Andre, why don t we meet for drinks tonight to celebrate your new promotion. Andre is overheard responding, Dating the boss does have its advantages.

61 Which type of harassment? Jamal works in a graphic arts department. He is the only man among many women. Every day the women in the office await the arrival of a very attractive delivery man. After he leaves, the women spend several minutes making suggestive remarks and jokes about the man s attractiveness. Jamal just rolls his eyes, but this daily ritual clearly makes him uncomfortable.

62 Which type of harassment? During a meeting with Carmelita, her boss says, Why don t you wear shorter skirts like those women lawyers on TV. You re an attractive gal. I think if you showed your legs off a little, the customers would be happier and I d be happier. A little dedication on your part could go a long way here.

63 What are the consequences?

64 Consequences of harassment. Lose a lawsuit Lose your job Lose your spouse Your employer can be held liable for your misconduct You can be held personally liable Attorney s fees

65 Long lasting effects for employees... Physical and emotional health Poor performance Lost work time Possible medical expenses, workers compensation claims, and lawsuits

66 EEOC New Charges Total Charges* FY 2009 FY 2010 FY 2011 FY % of US Total 7.1% 7.2% 7.2% 7.4% Race % of US Total 6.7% 6.2% 6.7% 6.9% % of CA Total 33.8% 31.3% 33.1% 31.1% Sex % of US Total 6.8% 6.4% 6.7% 6.7% % of CA Total 28.4% 25.8% 26.9% 27.5% Retaliation % of US Total 8.1% 8.1% 8.6% 9.0% % of CA Total 40.7% 41.0% 44.6% 46.0% * Number for total charges reflects the number of individual charge filings. Because individuals often file charges claiming the multiple types of discrimination, the number of total charges will be less than the total of the ten types listed on EEOC website.

67 EEOC Harassment Charges FY 2010 FY 2011 FY 2012 Receipts 21,454 21,470 21,088 *Monetary Benefits (Millions) $86.5 $87.9 $82.1 * Does not include monetary benefits obtained through litigation.

68 EEOC Sexual Harassment Charges FY 2010 FY 2011 FY 2012 Receipts % of Males 16.2% 16.1% 17.8% *Monetary Benefits (Millions) $41.2 $45.1 $43.0 * Does not include monetary benefits obtained through litigation.

69 Lawsuits An average of 450 employment lawsuits are filed daily in the United States California leads the nation in employment law claims When sued, a company will lose the case more than 50% of the time

70 Lawsuits In 2010 the EEOC filed 250 new lawsuits, resolved 285 pending lawsuits. In 2011 the EEOC filed 261 new lawsuits, resolved 276 pending lawsuits. In 2012 the EEOC filed 122 new lawsuits, resolved 254 pending lawsuits. Note: Suits filed and resolved in federal district courts. Many suits are brought on behalf of several individuals.

71 What are the other costs? Damaged reputation Negative publicity (TV, radio, newspaper) Difficulty recruiting employees Low employee morale Absenteeism Turnover Financial Burden

72 Intent Intent is not relevant in determining whether or not the behavior is sexual harassment All that matters is the impact of the behavior on the work environment The common excuses - Nobody else minded, I was only joking, I talk that way to everyone, that s just how I am are not valid defenses of harassing behavior

73 Who can be liable for Sexual Harassment? Employers And/or Supervisors

74 Employer s Liability Employers are subject to vicarious liability and are automatically liable when an employee suffers a tangible employment action because of a supervisor s conduct Can be quid pro quo or hostile environment

75 Supervisor liability Any supervisor involved in harassment can be individually liable for monetary damages if: They engage in inappropriate conduct They fail to monitor inappropriate conduct They fail to respond to complaints Only applies to California Fair Employment and Housing Act (FEHA) Considered an agent of the organization and are held to a higher standard of behavior under the law

76 Employer s liability Relationship of Harasser to Victim Supervisor to Employee Supervisor to Employee Employee to Employee Customer/Vendor to Employee Type of Harassment Tangible employment action (Quid Pro Quo) Hostile environment Hostile environment Hostile environment Employer s Liability Vicarious liability Vicarious liability subject to affirmative defense Liable if knew or should have known and failed to act Liable if knew or should have known and failed to act

77 Are there any defenses? To raise a defense or avoid punitive damages in sexual harassment lawsuits, employers must show they have provided periodic sexual harassment training to supervisors.

78 Are there any defenses? If employee did not suffer a tangible employment action the employer can assert an affirmative defense Must prove: Exercised reasonable care to prevent and promptly correct the harassment; and Employee unreasonably failed to report the harassment or otherwise avoid harm

79 Why don t people come forward?

80 Why don t people come forward?

81 Why don t people come forward? Fear of retaliation Fear of not being taken seriously Hope that the conduct will stop Fear of embarrassment or hurting the alleged harasser Fear of being alienated by colleagues or supervisors

82 When is it time to Investigate?

83 When is it time to Investigate? Whenever an internal complaint of harassment, discrimination, or retaliation is made (oral or written) When the employer knows or should know of possible violations of the company s policy against harassment and discrimination

84 When is it time to Investigate? When an employee or supervisor talks to an individual in charge about a problem but continually stresses that they are not complaining When major changes are observed in the workplace, including new behavioral patterns, a sudden decrease in morale, productivity, or attendance

85 When is it time to Investigate? When an employer suspects there is any kind of misconduct When an administrative agency begins to inquire into the conditions of the workplace When notice of a lawsuit is received

86 What should you do if an employee complains?

87 Complaints Respond immediately Take the complaint seriously Assess the complaint fairly and impartially Don t promise confidentiality Be supportive try to put the employee at ease Show empathy and respect Get as much information as possible about the time and place, actions, people, witnesses Document, document, document!!! Report complaints to HR immediately

88 Be prepared to discuss the issue Thank you for coming forward with this. I know it wasn t easy for you. I want you to know the company takes any and all harassment complaints very seriously, and we will start an investigation immediately. I m going to elevate this to the HR Department. They will be contacting you to begin the investigation. We will keep everything about this complaint as confidential as possible, and it would be best for you to keep this confidential throughout the investigation as well.

89 What should you say? Employee I have something I want to tell you but you have to promise me you won t tell anyone or do anything? Supervisor Before you start I need to tell you that I want to help you. But, I m required by law to investigate certain issues. Most of the time the employee will still tell you

90 Tell the employee what happens next The complaint will be taken seriously A prompt investigation will be conducted There will be no retaliation Prompt disciplinary action will be taken if harassment is found Information about the results of the investigation will be conveyed at the conclusion

91 Tell the employee what happens next You re not obligated to discuss the details of discipline with an employee who s been victimized. However, you should: Make sure the victim understands repeat offenses will be met with even more harsh discipline, including termination Get the offender to acknowledge that he or she has acted inappropriately and will stop the offensive behavior immediately Follow up on any commitments you make to toughen the punishment for repeat offenses

92 Formal vs. Informal Investigation While you should take all complaints of sexual harassment very seriously, not all complaints require a full-scale internal investigation. Sometimes, problems can be resolved without a formal investigation

93 Formal vs. Informal Investigation To determine if the complaint requires investigation, consider whether: The complaint is a question that has a fairly simple answer, or whether it is a more complex problem It involves just this employee, or others as well It stems from a single incident or a pattern of conduct You need more facts than the employee is able to provide in order to reach a resolution If you need more information, it is likely that the complaint requires a formal investigation

94 Retaliation

95 Retaliation Retaliation is defined as an adverse action taken against an employee because he/she complained of harassment or discrimination Adverse action includes demotion, discipline, termination, salary reduction, negative performance review, change in job duties or shift assignment

96 Retaliation Anti-discrimination laws prohibit employers from taking adverse action against employees for asserting their rights When an employee complains of sexual harassment to you or others, you must not take any action that the employee may view as punishment or retaliation for filing the complaint

97 Retaliation Retaliation is forbidden!!! By you By the alleged harasser By any other supervisor or coworker Against any person complaining of harassment or participating in an investigation Against an innocent employee to punish another worker for complaining provided the two employees have a close relationship

98 Retaliation To succeed in a retaliation claim, the employee must prove the following: That he/she engaged in a protected activity, such as complaining of sexual harassment That he/she suffered an adverse employment action, such as termination That the protected activity and adverse action are linked

99 Retaliation For the first time ever complaints of retaliation surpassed race-based complaints as the most frequently filed charge with the EEOC.

100 Retaliation How can you avoid claims of retaliation? Document, document, document the reason for any adverse employment action against an employee. Make sure the documentation shows no discriminatory reason for the adverse action. Performance problems Warnings Complaints Disciplinary actions Demotions / Promotions Transfers

101 Retaliation Remember There s no requirement to give special treatment to an employee who has filed a complaint. Make sure any discipline taken matches the offense and is in line with how others have been handled for the same or similar offense

102 Minimizing Your Legal Exposure

103 How do you minimize legal exposure? If you treat people with respect and dignity, always; You ll stay out of court, most likely.

104 How do you minimize legal exposure? Treat employees consistently Address complaints immediately Take prompt and appropriate action Maintain confidentiality when able to Conduct thorough investigation Use respectful terminology Treat others as you would want to be treated Remember, the accused is innocent unless proven guilty (there are two sides to every story)

105 How do you minimize legal exposure? Have a written, published harassment policy Include a clear procedure for filing a complaint Make sure complainants understand that retaliation will not be tolerated Train every new employee Train all employees on a regular basis

106 Common Mistakes Treating the complaint more like a comment Not documenting complaints or incidents Not communicating how serious the issue is Not taking action Not responding with a sense of urgency Not correcting the problem

107 Know your company policies Review your company policies Department of Fair Employment and Housing Act Brochure

108 The role of HR Once you elevate the complaint the HR Department will: Interview the complainant Interview the alleged harasser Interview co-workers / witnesses Collect evidence Talk to people the alleged victim may have confided in about the harassment (friends, family, co-workers) Evaluate Take appropriate action Report Findings

109 You decide what to do You ve hired a new cashier, Melissa. She s attractive and single. Your other day shift cashier, Mark, also single, has asked her out on a date. Should you intervene?

110 You decide what to do Melissa said no but Mark asked her out again. Still, no one is complaining. Is this harassment?

111 You decide what to do What if Mark is Melissa s immediate supervisor? What changes?

112 You decide what to do Tom has been with you for four years. He s a great cook and an asset to the organization with his outgoing personality. He affectionately calls the women in the restaurant his girl and will occasionally give one of them a hug. This seems to be a stress relief for everyone in the cramped workspace. The atmosphere actually improves when Tom is at work and everyone smiles. This isn t a problem, is it?

113 You decide what to do Today, a young man came through the drive-through; Lisa, your new team member, rang up his order, he said something outrageous and threatened Lisa in a way that left her trembling after he was gone. He was only here a few minutes and you have never seen him before. Are you responsible for what happened?

114 You decide what to do Jack owns an 1960's airline themed restaurant, and he requires the waiters to wear uniforms. He requires men to dress like pilots, and women to dress like female flight attendants. One day, a waiter named Ethan announces that he prefers to dress like a woman, and he demands to wear a female flight attendant uniform. How should Jack respond to Ethan's demand?

115 Post Training Assessment

116 Using What You ve Learned

117 Using what you ve learned Your reaction is critical!!! 1. Be alert! Monitor the workplace for offensive behavior, signs, conversations, comments, and so on. 2. Investigate suspicious behavior and hostile interactions; don t ignore problems. 3. Be available and accessible; let your employees know you welcome their comments. 4. Immediately take control of and stop offensive, harassing, or discriminatory misconduct. 5. Fix the problem, discipline wrongdoers, and protect victims from further harassment or retaliation.

118 Using what you ve learned You ll encourage a productive workplace if you: Are fair and respectful Act consistently Make decisions based on merit Focus on workplace performance rather than personal characteristics Follow established procedures

119 Using what you ve learned Your behavior sets the tone for your workplace. Be a role model! Through your words and actions, make it clear: You disapprove of harassment and discrimination The organization is committed to a respectful workplace Employees may object to misconduct without fear of retaliation

120 Watch your P s in the workplace Professionalism Politeness Polish

121 Professionalism Conduct yourself as a professional at all times with clients and co-workers Refrain from engaging in gossip or office politics Address problems as they arise directly with the individuals involved Check your personal baggage at the door as you arrive to work each day Dress appropriately for your position Treat your co-workers with respect whether or not you personally like them Walk away from negative talk about a co-worker, a boss, or the company

122 Politeness Respect the privacy of others do not eavesdrop on conversations not meant for your ears Show basic courtesy to co-workers through small gestures throughout the day Use please and thank you regularly Give every co-worker a simple hello each morning and goodbye each evening Lend a helping hand to a co-worker when time allows even if it isn t in your job description

123 Polish Refrain from using profanity Refrain from sharing off-color jokes Spend your spare moments at the office thinking about how to improve your own performance rather than focusing on the performance of others Find ways to expand your skills

124 Tests for spotting harassment Your child test Would you act this way in front of your child? Your parent test Would you act this way in front of your parent? Newspaper test Would you want to read about your behavior in the newspaper?

125 Supervisor s Action Plan Have Zero Tolerance Supervisors have a responsibility to prevent sexual harassment in the workplace. If you ignore behaviors and actions that could be considered sexual harassment, you are in effect condoning offensive conduct. When a supervisor is aware of the offensive conduct and fails to act or investigate, the organization, as well as the manager, may be held liable in a court of law. The bottom line when you see or hear of any behavior that could be considered sexual harassment, you are responsible for getting rid of it. Zero tolerance.

126 Supervisor s Action Plan Set a Good Example As a business leader it is your responsibility to set the standard by not engaging in any sexually suggestive behavior. Employees look to leadership to let them know what is and is not acceptable in the workplace and have little tolerance for do what I say, not what I do.

127 Supervisor s Action Plan Hear, Handle and Investigate all Complaints Failing to respond appropriately to a sexual harassment complaint could cost you and the organization dearly. It has been shown that those organizations most successful at reducing or eliminating sexual harassment in the workplace frequently communicate guidelines for submitting a complaint to all employees. These organizations also respond in a timely manner to each complaint, investigate, and create solutions for resolving or eliminating offensive conduct.

128 Supervisor s Action Plan Keep Harassment Claims Confidential During a sexual harassment investigation, discuss the situation only with people who have an absolute need to know.

129 Supervisor s Action Plan Educate Your Employees Using case studies, videos, and role plays can help promote discussions and understanding. You can use these tools to help you communicate and clarify expectations of appropriate and inappropriate behavior, policies and guidelines. These tools can also help encourage employees to step forward when sexual harassment occurs and allow the organization to eliminate unlawful behavior in the workplace.

130 Supervisor s Action Plan Educating Employees Again Educating an employee once is not enough. Regardless of who the employee is within an organization, restating the organizational expectations, policies, and guidelines is recommended at least once a year.