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Workplace Harassment

The document discusses workplace harassment and what supervisors need to know. It covers the objectives of understanding legal requirements and company policy regarding harassment, identifying harassment incidents, handling complaints effectively, and taking corrective actions. It defines harassment, explains why it is problematic, and outlines what constitutes harassment versus what does not.

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Sachin Patil
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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0% found this document useful (0 votes)
57 views

Workplace Harassment

The document discusses workplace harassment and what supervisors need to know. It covers the objectives of understanding legal requirements and company policy regarding harassment, identifying harassment incidents, handling complaints effectively, and taking corrective actions. It defines harassment, explains why it is problematic, and outlines what constitutes harassment versus what does not.

Uploaded by

Sachin Patil
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Workplace Harassment

What Supervisors Need to Know

Slide Show Notes


• This training session will focus on harassment in the workplace.
Harassment is a disturbing problem that has a negative impact not
only on victims but also on the entire workplace. There are many
kinds of harassment—all of them against the law and our
organization’s policy. One of the most common is sexual
harassment. But today, we’re going to talk about the kind of
harassment that arises from the diversity of American society.
We’re going to talk about harassment on the job because of a
person’s race, color, religion, or national or ethnic origin.

1
Session Objectives
You will be able to:
• Understand the requirements of the law and
company policy
• Identify incidents of workplace harassment
• Handle complaints and participate in
investigations effectively
• Take appropriate corrective action against
incidents of harassment in your department

© Business & Legal Reports, Inc. 1003

Slide Show Notes


The main objective of this session is to help you understand the nature
of harassment in the workplace, how you can help prevent it, and what
to do if, despite our best efforts, it occurs in our organization. By the
time this session is over, you should be able to:
• Understand the requirements of the law and company policy;
• Identify incidents of workplace harassment;
• Handle complaints and participate in investigations effectively; and
• Take appropriate corrective action against incidents of harassment
in your department.

2
What You Need to Know
• What harassment is and why it is a problem
• Company policy against harassment
• Procedures for dealing with harassment
• How to investigate incidents and determine
whether harassment has occurred
• Proper action to stop harassment and
correct its effects

© Business & Legal Reports, Inc. 1003

Slide Show Notes


During the session, we’ll discuss:
• What harassment is and why it is a problem;
• Company policy against harassment;
• Procedures for dealing with harassment;
• How to investigate incidents and determine whether harassment has
occurred; and
• The actions you need to take to stop harassment and correct its
effects.

3
Why You Should
Be Concerned
• Workplace harassment is a serious problem
• Complaints are rising
• Harassment takes many forms

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• Harassment on the job is a very real and serious problem. It shows
up in workplaces large and small in all states—north and south, east
and west, and everywhere in between. Unfortunately, despite many
years of civil rights action, implementation of federal and state fair
employment laws, and considerable progress on the part of most
employers to combat employment discrimination, bias remains a
pervasive and damaging problem in the workplace.
• In fact, the number of harassment complaints filed with the federal
Equal Employment Opportunity Commission, or EEOC, and state
fair employment agencies has risen significantly. For example, in
recent years there has been a fivefold increase in racial harassment
charges and a tenfold increase in the number of racial harassment
cases going to court. Furthermore, resentment of people from
countries associated with terrorism has caused a new wave of
harassment. And many workers of other ethnic origins also suffer
from harassment on the job.
• Workplace harassment can take many forms—for example, racial
and ethnic slurs, threats, racial and ethnic jokes and labels, and
derogatory comments about people because of their religion or
background. Often the harassment comes from co-workers. But
sometimes members of management—especially supervisors—are
also involved.

4
What Is Harassment?
• Harassment is
unwelcome behavior
directed at a member
of a protected group
• Harassment usually
involves a pattern of
behavior
• Harassment is a form
of illegal discrimination

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• Harassment is unwelcome behavior directed at a person or group
because of race, color, religion, or national or ethnic origin. As we
mentioned at the beginning of the session, workplace harassment
can—and frequently does—also involve gender. Sometimes it can
be based on a person’s age, disability, or sexual orientation.
• Harassment usually involves a pattern of behavior—something that
occurs repeatedly over time. Although, as we’ll see a little later, one
serious incident could be enough to trigger an investigation.
• When this type of behavior is directed against anyone in any of the
groups we’ve just mentioned, it is a form of illegal employment
discrimination in violation of Title VII of the federal Civil Rights
Act and state fair employment laws.

5
What Is Harassment? (cont.)
• Harassment is often
blatant
• Harassment can also
be subtle
• Behavior short of illegal
discrimination

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• Harassment is often blatant—for example, jokes, slurs, labels,
graffiti, derogatory comments, or threats.
• But it can also be subtle—so subtle, in fact, that it may take a while
to be sure that a pattern of harassment really exists. For example it
may take the form of veiled comments, subtle intimidation, and
language or behavior that might seem at first to be meant just in
fun—a little harmless teasing, nothing more. But behind that might
lurk some very unpleasant attitudes that eventually come out in
overt behavior.
• Finally, it’s important to note that harassment in its broadest sense
can involve behavior that falls short of statutory discrimination.
Although some types of behavior might not be against the law, and
might not be considered harassment in a court of law, that doesn’t
mean we condone that kind of behavior in our organization. For
example, harassing someone because of they’re overweight or
skinny, because of the way they dress or talk, or because of some
other feature or characteristic will not be tolerated. Rude,
insensitive, or abusive behavior directed against an employee—for
whatever reason—is unprofessional and inappropriate. We expect
all employees to treat one another with courtesy and respect.

6
What Harassment Is Not
• Occasional teasing
• Offhand comments
• Isolated incidents that
are not extremely
serious

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Having said what harassment is, it’s also important to be clear about
what harassment is not.
• Harassment is not occasional teasing. Even though that is
something you would want to put a stop to when it comes to your
attention, occasional teasing is not the same thing as the behavior
we’ve been describing as harassment.
• Generally an offhand comment—something that might be said
once in anger or out of careless disregard for another person’s
feelings—does not qualify as harassment either. For example, a
stray remark about Muslims and terrorism after a bombing
attributed to an extremist group would not constitute illegal
harassment even if it was overheard by a Muslim or someone of the
same national origin or ethnic background as the people claiming
credit for the act of terrorism.
• Minor isolated incidents are generally not considered harassment
even if they are directed against someone in a protected group. For
example, if someone once told a joke offensive to Jews or
Catholics, without having a history of saying such things, it is
unlikely that EEOC or anyone else would consider this harassment.
Remember that harassment usually involves a pattern of
behavior—something that happens over and over, day in and day
out.

7
When Is It Harassment?
• One extremely serious
incident
• Intimidating, hostile,
offensive environment

© Business & Legal Reports, Inc. 1003

Slide Show Notes


We’ve just talked about some circumstances that wouldn’t rise to the
level of illegal harassment. Now let’s talk about the circumstances
that would.
• One extremely serious incident might be considered harassment if,
for example, an employee were to be physically threatened by a
co-worker for racial or ethnic reasons. Even if it only occurred
once, an incident like that is so serious that it would have to be fully
investigated.
• Generally, however, as we’ve said, harassment involves a pattern of
behavior—a pattern that creates an intimidating, hostile, or
offensive work environment for the target. For example, constant
abusive language, day in and day out, directed at a person of color
or a person of a particular religion or ethnic background would
amount to what a court might say was “severe and pervasive” and
therefore constitute illegal harassment.

8
When Is It
Harassment? (cont.)
• Unreasonable
interference with work
performance
• Negative effect on
an individual’s
employment
opportunities
• Harassment of those
who do not conform

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• Conduct on the part of supervisors or co-workers that unreasonably
interferes with an employee’s work performance is also considered
illegal harassment if it is directed at a member of a protected group. For
example, if an employee is so upset by continual put-downs or racially
offensive language used by co-workers that he or she can’t concentrate
on the job, and if the employee’s supervisor turns a blind eye to the
behavior, this would be a situation that a court would likely rule was
illegal harassment. We would find such behavior reprehensible no
matter who the target was, of course—whether it was someone
protected by statute or simply by the law of decency. Our policy
requires professional conduct from all employees at all times.
• Harassment might also take the form of negatively affecting an
individual’s employment opportunities. For example, if an African-
American employee was repeatedly denied promotions and was told by
his supervisor that “his kind” shouldn’t expect to get ahead in the
organization, that would also be a form of illegal harassment.
• Harassment of individuals who do not conform to traditional
stereotypes is also unlawful if it creates a hostile work environment.
For example, one federal court ruled that an employee’s co-workers
created a hostile work environment when they harassed him for
wearing an earring and exhibiting characteristics that did not comport
with their views of masculinity.
Can you think of any incidents that have happened in our organization?
Discuss incidents involving harassment reports or complaints, and explain
the outcome.
9
Employer Liability
• Preventing liability
• Conduct of supervisors and managers

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• According to EEOC, if employers and employees discharge their
respective duties and act reasonably, unlawful harassment can be
prevented in most cases. If an organization has effective complaint
and investigation procedures, harassment problems can usually be
stopped and corrected long before a company is hauled into court,
facing liability for illegal harassment.
• Employers are generally held liable for harassment by supervisors
and managers. An individual qualifies as an employee’s supervisor
if the individual has authority to undertake or recommend tangible
employment decisions affecting the employee. An individual is also
considered a supervisor if he or she has the authority to direct the
employee’s daily work activities.
An individual who is temporarily authorized to direct another
employee’s daily work activities—like a team or project leader—could
also qualify as a supervisor during that period. If that person harassed a
co-worker, the company could be held liable.
Although Title VII does not subject supervisors and managers to
personal liability for discrimination, many state and local laws do
impose personal liability.

10
Employer Liability (cont.)
• Conduct of co-workers
• Conduct of nonemployees

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• A company could also be held liable for harassment of employees
by co-workers if management knew—or should have known—
about the misconduct and failed to take corrective action. For
example, if company restrooms are full of racist graffiti, a court
would likely rule that the employer knew or should have known
about the problem. In another example, let’s say a supervisor knows
that employees are harassing a co-worker. If the supervisor does
nothing about the problem, then the company could be found liable
for the continuing harassment because the supervisor knew, and
that means, as far as the courts are concerned, the company knew.
• The standard in the case of harassment by nonemployees, such
as customers and vendors, is similar to that of harassment by
co-workers. Of course, employers don’t have as much control over
outsiders as they do over employees, so it would generally be
tougher to prove a case of harassment. But a company could be
found liable for harassment by nonemployees if anyone in
management knew about the problem or if the employee had
complained and the company failed to act on the complaint.

11
Harassment Policy
• Familiarize yourself
with the policy
• Explain the policy to
employees

© Business & Legal Reports, Inc. 1003

Slide Show Notes


To prevent harassment and prevent liability as well, we have developed
a comprehensive policy that prohibits any form of harassment by
anyone in our workplace.
• Be sure to familiarize yourself with our harassment policy. It
addresses the following key points:
– A clear description of prohibited conduct;
– An explanation of how to file complaints;
– Protection from retaliation for those who complain or provide
information in support of harassment complaints;
– Confidential treatment of complaints to the extent possible;
– Prompt, thorough, and impartial investigations; and
– Prompt and appropriate corrective action when it is determined that
harassment has occurred.
• Also make sure that your employees know about our harassment
policy and understand its requirements. Be sure to explain the
policy to new employees and give them a copy. Explain the
complaint procedure, and assure employees that you will always
listen to their complaints. Post a copy of the policy on your
department bulletin board as well.

12
Harassment Policy (cont.)
• Enforce the policy
strictly
• Review the policy
periodically and
following any incidents

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• You also need to make it crystal clear to all employees—new
workers as well as your veteran employees—that this policy will be
strictly enforced. Let them know that the consequences of harassing
a co-worker include discipline and could even result in termination.
• Review the policy periodically to maintain awareness. Make certain
employees remain mindful of their rights and responsibilities under
the policy. Also review the policy with all employees immediately
following any incident of harassment in your department.
Think about the company’s harassment policy and your role in
explaining it to employees and enforcing it in your department. If
there’s anything you don’t currently understand about this policy,
be sure to ask Human Resources for an explanation.
Review your organization’s harassment policy in detail and answer any
questions trainees have about terms or enforcement.

13
Harassment in the Workplace
• Do you understand the
information in the
previous slides?

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• Now it’s time to ask yourself if you understand the information
presented so far. Do you understand the definition of workplace
harassment and the requirements of the law and company policy?
Do you feel comfortable that you would be able to identify an
incident of harassment if it involved any of your employees?
It’s important that you understand all this information so that you are
prepared to deal with harassment effectively should it ever occur in
your department.
Answer any questions trainees have about the information presented in
the previous slides.
Conduct an exercise, if appropriate.
Now let’s continue to the next slide and talk about verbal harassment.

14
Verbal Harassment
• Threats
• Intimidation
• Offensive language,
slurs, or derogatory
comments
• Graffiti
• Jokes
• Circulating insulting
stories or rumors about
a person

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Harassment can be either verbal or nonverbal. Verbal harassment can
occur in many different ways.
• In the worst case, it can take the form of threats against against an
individual. Threats may be explicit or implied. Threats do not have
to actually be carried out to be harassment.
• Intimidation is another form of harassment that may be expressed
verbally. In this case, there may be no threats but, instead, bullying
or put-downs designed to make a person fearful or insecure.
• Verbal harassment may also involve offensive language, racial or
ethnic slurs, or derogatory comments directed at a person because
of his or her race, color, religion, or national or ethnic origin.
• Graffiti can be a form of harassment as well.
• As can constant jokes about a person’s race or ethnic origin.
• Circulating insulting stories or rumors about a person can also be
considered a form of verbal harassment.
Think about these examples of verbal harassment. Have you ever heard
any remarks by employees that could be interpreted as harassment?
Ask trainees if they have ever heard employees engaging in behavior
that could be interpreted as verbal harassment.

15
Nonverbal Harassment
• Staring
• Standing over
someone in an
intimidating manner
• Displaying or
circulating offensive
pictures, cartoons, or
objects
• Singling out members
of protected groups for
unfavorable treatment

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Nonverbal harassment includes actions and behavior that are
demeaning, threatening, or insulting.
• For example, continually staring at someone in a threatening or
intimidating manner could be considered nonverbal harassment.
• Standing over someone or invading someone’s personal space in a
threatening or intimidating manner might also be considered
harassment.
• Another very common form of nonverbal harassment involves
displaying or circulating pictures, cartoons, or objects that are
offensive or insulting to a racial, ethnic, or other protected group.
• Singling out members of protected groups for unfavorable
treatment could also be considered harassment. For example, in one
case, an employer subjected only African American and Hispanic
employees to searches to make sure they weren’t stealing. EEOC
determined this was illegal harassment and took the company to
court.
Think about these examples of nonverbal harassment. Have you ever
seen any behavior that could be interpreted as nonverbal harassment?
Ask trainees if they have ever heard employees engaging in behavior
that could be interpreted as nonverbal harassment.

16
Handling Employee
Complaints
• Encourage reporting
• Never ignore a
complaint
• Report complaints to
your boss and/or
designated person
• Understand that
employees are allowed
to bypass the normal
chain of command

© Business & Legal Reports, Inc. 1003

Slide Show Notes


In most cases, you will be the first person in management an employee
comes to with a complaint about harassment.
• Our harassment complaint process is designed to encourage victims
to come forward. To achieve this goal, you must clearly explain the
complaint procedure to your employees and ensure that there are no
obstacles to filing a complaint.
• Never ignore any complaint or try to discourage an employee from
filing a complaint.
• When an employee comes to you about a harassment problem, you
need to bring it to the attention of your boss and/or a designated
person in the organization right away so that the complaint can be
properly investigated. Once an employee comes to you with a
complaint, a court would say that the organization has been
officially put on notice. The organization could therefore be held
liable on the basis that it knew or should have known about the
harassment.
• Understand that employees are allowed to bypass the normal chain
of command when making harassment complaints. This is because
sometimes the harasser is a supervisor. Allowing employees to
bypass the chain of command provides additional assurance that
complaints will be handled impartially.

17
Handling Employee
Complaints (cont.)
• Strike a balance
between the need for
confidentiality and the
need to investigate
• Protect everyone’s
rights

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• Make it clear to employees that their complaints will be handled
confidentially to the extent possible. In order to conduct an
effective investigation, certain information might have to be
revealed to the alleged harasser or to potential witnesses. However,
information about a complaint should only be shared with those
who need to know. Records relating to harassment complaints
should be kept confidential on the same basis.
• Finally, remember that we have a duty to protect everyone’s rights
in these situations, including the alleged harasser’s. Until someone
has admitted particular conduct or until an investigation determines
that the conduct has occurred, you need to keep an open mind.
“Alleged” means accused, not proven.
Do you know the proper procedure for reporting harassment
complaints?
Explain your harassment complaint procedure and provide trainees
with the name of the person(s) in the organization to whom harassment
complaints should be reported.

18
Dealing with
Minor Incidents
• Determine the exact
nature of the incident
• Counsel the alleged
harasser informally
• Reassure the victim
• Monitor the situation
carefully

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Although you have a duty to report all cases of alleged harassment to
your superiors, they may decide to let you handle some minor incidents
yourself—for example, an incident involving a few comments or
actions that are not all that serious.
• Your first step is to determine the exact nature of the incident. Ask
the victim to explain the situation. If it turns out that this is part of a
pattern of behavior—not just an isolated incident—refer the case
through the normal complaint procedure for resolution.
• If no pattern emerges, sit down with the alleged harasser and ask for
an explanation. Whether or not the employee admits to harassing
behavior, review the organization’s harassment policy. This kind of
informal counseling might be enough to get this person to
voluntarily comply with company policy in the future. Make it
clear, however, that any future incidents will result in discipline.
• Next, reassure the victim that the matter has been handled and that
he or she should not expect any further trouble. But make it clear
that if there is any more trouble, the employee should report it to
you immediately and further action will be taken.
• From that point on, monitor the situation carefully to make sure
there are no further problems.

19
Participating in
An Investigation
• Is an investigation
necessary?
• How long will it take?
• What intermediate
measures may be
necessary?
• How should the
investigation be
conducted?

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Employers are required to set up a mechanism for a prompt, thorough,
and impartial investigation of harassment complaints.
• As soon as we learn about alleged harassment, we have to
determine whether a detailed, fact-finding investigation is
necessary. Sometimes it may not be. For example, if the harasser
admits to harassing behavior, there’d be no need for an
investigation and we could proceed directly to taking appropriate
corrective action.
• If an investigation is necessary, it should be launched immediately
and proceed as quickly as possible. But we also need to be careful
and take the time to examine all the information and talk to all the
witnesses.
• While an investigation is under way, it may be necessary to take
steps to protect the victim and ensure that further harassment does
not take place. For example, we might need to temporarily transfer
an alleged harasser or place the person on nondisciplinary leave
pending the conclusion of the investigation. The employee who
complains should not be involuntarily transferred or otherwise
burdened, since such measures could constitute illegal retaliation
for filing a complaint.
• Investigators will objectively gather and examine the relevant facts.
Based on the evidence, they will determine whether or not
harassment has occurred and decide the appropriate corrective
action. 20
Questions During
The Investigation
• Questions to ask the
person making the
complaint

© Business & Legal Reports, Inc. 1003

Slide Show Notes


During a harassment investigation, a number of key questions must be
asked of the various people involved in the matter.
• Questions for the employee making a harassment complaint might
include the following:
– Who committed the alleged harassment? What exactly happened?
– When, where, and how often did the harassment occur?
– How did you react? What response did you make when the incidents
occurred or afterward?
– How did the harassment affect you? Has your job been affected in
any way?
– Was anyone present when the harassment occurred? Did you see
anyone immediately after? Did you tell anyone about it?
– Do you know anyone else who has complained about harassment by
that person?
– Are there any notes, physical evidence, or other documentation
regarding the harassment?
– How would you like to see this situation resolved?

21
Questions During
The Investigation (cont.)
• Questions to ask the
alleged harasser
• Questions to ask
witnesses

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• After explaining the complaint to an alleged harasser, investigators
might ask questions such as the following:
– Are the allegations true? If not, why do you think the person who
complained made them?
– Are there any other employees who have relevant information about
the charges?
– Are there any notes, physical evidence, or other documentation
regarding the incidents alleged in the complaint?
– Do you know of any other relevant information?
• Questions for witnesses might include the following:
– What did you see or hear? When did this occur?
– Describe the alleged harasser’s behavior toward the person who
complained and toward others in the workplace.
– What did the person who complained tell you? When did he or she
tell you this?
– Do you know of any other relevant information?
– Are there other employees who might have relevant information?

22
Assessing Credibility
• Plausibility
• Demeanor
• Motive to falsify
• Corroboration
• Past record

© Business & Legal Reports, Inc. 1003

Slide Show Notes


If there are conflicting versions of events, investigators will have to
weigh each party’s credibility. Credibility assessments of people who
complain, alleged harassers, and witnesses can be critical in
determining whether harassment has, in fact, occurred.
Several key factors must be considered when assessing credibility:
• Plausibility—Is the testimony believable? Does it make sense?
• Demeanor—Does the person seem to be telling the truth?
• Motive to falsify—Does the person have a reason to lie?
• Corroboration—Is there witness testimony or physical evidence that
corroborates the what the person is saying?
• Past record—Does the alleged harasser have a history of similar
behavior?
Please note that none of the factors we’ve just mentioned absolutely
determine credibility. For example, the fact that there are no
eyewitnesses to alleged harassment doesn’t necessarily defeat the
credibility of the person who complained, since harassment often
occurs behind closed doors. Furthermore, the fact that the alleged
harasser engaged in similar behavior in the past does not necessarily
mean that he or she did so again.

23
Has Harassment Occurred?
• Making a determination
• When no determination is possible
• Filing a report
• Informing the parties

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• When all the questions have been asked and the evidence has been
weighed, the next step in the complaint process is to make a
determination about whether harassment has occurred in violation
of company policy and fair employment laws.
• In some cases it may be impossible to say conclusively whether or
not harassment has occurred because there is just not enough hard
evidence. That doesn’t mean that we will take no action. We still
need to take preventive measures, such as training and monitoring
to make sure that whether or not harassment occurred in this
particular case, it does not occur somewhere else at some other
time.
• Once a determination has been made, a report about the incident
must be written and submitted to top management.
• In addition, the parties involved in the complaint—the alleged
victim and harasser or harassers—must be informed of the results
of the investigation and the action that will be taken to correct the
problem.

24
Taking Corrective Action
• Consult your manager
before taking action
• Implement effective
remedial measures
• Balance competing
concerns

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Whenever an investigation determines that harassment has occurred in
violation of company policy and the law, we must take immediate and
appropriate corrective action.
• In most cases, the action to be taken will be explained to you by
those who conducted the investigation. But if it’s up to you to
determine what corrective action to take, be sure to talk it over with
your manager before you act.
• The action you take must effectively stop the harassment, correct its
effects on the victim, and ensure that the problem does not recur.
The remedial measures you take need not necessarily be those that
the victim requests or prefers—for example, firing a harasser—as
long as the steps you take are effective in permanently stopping the
harassment.
• In determining disciplinary action, we must make sure to balance
competing concerns. Discipline should be severe enough to put an
end to the behavior, but disciplinary measures also need to be in
proportion to the seriousness of the offense. In serious cases,
suspension or discharge might be appropriate. In less serious cases,
a written warning and counseling might be enough.

25
Taking
Corrective Action (cont.)
• Make certain the victim
is not adversely
affected
• Stop the harassment
and ensure that it does
not recur

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• Whatever action is taken, the law says that it must not adversely
affect the victim of the harassment.
• Remedial measures must, however, stop the harasser cold and
ensure that this person does not behave in this way again.
Depending on the seriousness of the offense, such measures might
include:
– Oral or written warning;
– Demotion;
– Transfer or reassignment;
– Suspension;
– Training or counseling to ensure the harasser understands company
policy and why the behavior was in violation of the policy; and
– Ongoing monitoring to make sure the harassment has indeed stopped.

26
Taking
Corrective Action (cont.)
• Correct the effects of the harassment
• Follow up to make sure the problem is
solved

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• Remedial measures should also correct the effects of the
harassment. You need to put the victim back in the position he or
she would have been in had the misconduct not occurred. Remedial
measures might therefore include:
– An apology from the harasser;
– Restoration of leave time taken because of the harassment;
– Removal of any negative evaluations in an employee’s file that arose
from harassment by a supervisor;
– Reinstatement if the victim quit or lost his or her job as a result of the
harassment;
– Monitoring treatment of the employee to make sure that he or she is
not subjected to retaliation by the harasser or others in the workplace
because of the complaint; and
– Correction of any other harm caused by the harassment—for
example, compensation for any losses directly resulting from the
harassment.
• Finally, follow up with both parties until you are convinced that the
remedial measures have been effective and the problem has been
completely resolved.

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Your Role in
Dealing with Harassment
• Do you understand the
information presented
in the previous slides?

© Business & Legal Reports, Inc. 1003

Slide Show Notes


• Do you understand the information presented in the previous slides?
Do you understand what we’ve said about verbal and nonverbal
harassment? About handling complaints and participating in
investigations? About taking action to stop harassment and correct
its effects?
It’s important that you understand all this information so that you can
enforce company policy and deal effectively with workplace
harassment should it ever occur.
Answer any questions trainees have about the information presented in
the previous slides.
Conduct an exercise, if appropriate.
Now let’s wind up the session with a perspective on workplace
diversity and the problem of harassment. Then we’ll conclude with
some key points to remember.

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Diversity—
Challenge and Opportunity
• Recognize that the
problem is likely to
grow
• Understand that
harassment interferes
with good work
relationships
• Encourage employees
to recognize the
benefits of diversity
• Promote a fair and
diverse workplace
© Business & Legal Reports, Inc. 1003

Slide Show Notes


• Tomorrow’s workforce will be even more diverse than today’s.
Problems involving harassment are likely to grow as workers from
increasingly diverse backgrounds are required to work together.
• Harassment interferes with good work relationships and prevents
the organization from benefiting from workplace diversity.
• You can help eliminate harassment by encouraging employees to
recognize the benefits of diversity. Bringing people from many
backgrounds together on the job provides a greater mix of talents,
skills, ideas, and viewpoints—all of which make the organization
stronger and more competitive in a global economy.
• To create a fair and diverse workplace encourage your employees
to:
– Be aware of and try to correct personal biases;
– Stop people when they hear them joke about or put down others;
– Get to know people from other cultures and different backgrounds;
– Reach out and share experiences—try to understand where other
people are coming from;
– Deal with conflicts right away instead of carrying grudges; and
– See people as individuals, releasing expectations based on bias.

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Key Points to Remember
• Illegal harassment is unwelcome behavior
directed at a person because of race, color,
religion, national or ethnic origin, age, or sex
• No rude, insensitive, or abusive behavior
should ever be tolerated
• You play a critical role in identifying
harassment, investigating incidents, taking
corrective action, and enforcing company
policy

© Business & Legal Reports, Inc. 1003

Slide Show Notes


Here are the main points to remember from this session on workplace
harassment:
• Illegal harassment is unwelcome behavior directed at a person
because of race, color, religion, national or ethnic origin, age, or
sex.
• No rude, insensitive, or abusive behavior of any kind should be
tolerated, even if it falls short of illegal harassment.
• You play a critical role in identifying harassment, investigating
incidents, taking corrective action, and enforcing company policy.
This concludes the workplace harassment training session.
Give trainees the quiz, if appropriate.

30

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