Sexual harassment is serious and costly. Awareness of Title VII
rules can save your company hundreds of thousands of dollars, even
millions. Read the guidelines below to determine if your company
needs to know more about how to protect itself.
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- Under the Equal Employment Opportunity Commission (EEOC)
Title VII guidelines on sexual harassment, the only conduct
managers and supervisors can be specifically held liable
for is demanding sexual favors in return for promotions,
raises, and other employment benefits.
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- A complainant must show that he/she does not welcome the
verbal or physical advances in order to claim sexual harassment.
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- Only supervisors and managers – people with authority
to affect others’ job status – can sexually
harass.
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- A complainant must show tangible job loss – demotion,
salary reduction, salary loss due to absenteeism or illness,
etc. – to claim sexual harassment.
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- Employers are not responsible for what an employee does
with another employee after hours and away from the workplace.
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- Employers can be held liable for the sexual harassment
of an employee by a non-employee.
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- A woman who dresses provocatively and flirts cannot claim
sexual harassment.
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- A third person who is offended by a verbal exchange of
a sexual nature between two co-workers cannot claim sexual
harassment unless one of the two co-workers does.
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- It is the recipient of the behavior, not the person doing
the behavior who determines whether or not the behavior
is welcome.
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- Behavior of an harassing nature in the workplace must
be intentional in order to be considered actionable.
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- An employee found guilty of harassment may be ordered
by a court to pay part of a settlement to the harassed individual.
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- One racial epithet may be sufficient to constitute harassment.
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- It is appropriate for a supervisor to determine immediately
whether or not the complaining person overreacted or misunderstood
the alleged harasser.
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True or False – The following behaviors could constitute
a hostile environment, and
thus be considered harassment under Title VII guidelines:
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- An employee calling a tall employee “Stretch”
and “a tall drink of water.”
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- One employee calling the other employee a “horse’s
ass” during a meeting.
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- One employee saying of another, “It must be that
time of the month.”
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- Posting Bible scriptures on screen savers.
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- Posting “swimsuit” calendars in the workplace
if no one objects.
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- Two employees looking at a pornographic cartoon behind
closed doors.
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- An employee inviting another out for a date.
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- An employee calling an older employee “pops.”
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- A group of consenting employees, including shareholders,
managers, and supervisors going to a strip bar after hours.
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- An employee getting drunk at a private party and coming
on to a colleague.
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- An employee flirting with a client at an after-hours party.
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- A supervisor telling dirty jokes to an employee who reports
to him/her.
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- Catholic and Jewish employees engaged in friendly teasing
using phrases like “mackerel snapper” and “kike.”
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See the answers >>
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Experience allows me field the toughest questions and handle sensitive
situations. Participants leave the class relieved and enlightened.