WHO WOULD DO THAT? PREVENTING SEXUAL HARASSMENT IN THE WORKPLACE

WHO WOULD DO THAT? PREVENTING SEXUAL HARASSMENT IN THE WORKPLACE Presented by: Ruth Baylis, Mercer PeoplePro Kathleen Huggins, Mercer PeoplePro

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TODAY S FEATURED SPEAKERS Mercer PeoplePro PRO Consultant Mercer PeoplePro PRO Consultant Amit Loungani Ruth Baylis has 20+ years in HR, on the client side of the business. She has experience in Financial Services, Healthcare, Tech startups and Environmental non-profits. Her specialties lie in the Talent Acquisition/Management and Business Partner space. Ruth holds a BA in Sociology from the University of Massachusetts and a MS in Industrial & Labor Relations from the University of New Haven. Kathleen has 20+ years in HR management and consulting, proceeded by Kathleen several years has 20+ in Finance. years in Her HR experience management includes a consulting and consulting, role for one proceeded of the by Big several 4, as well years as in HR Finance. leadership Her roles in experience corporate settings includes that a consulting included financial role for one services, of the energy, Big 4, durable as well and as HR non-durable leadership goods manufacturing. roles corporate settings that included financial services, A 20-year energy, veteran, Tonushree durable She holds and a non-durable BA in Prior Business Mondal to goods this has from role, worked Amit across was a the manufacturing. Washington State Health University, Consumer, and along Benefits Technology, with consultant, She MBA holds with a double BA in helping Business Financial major clients HR from Services, and on various Education, topics Washington Finance, well State as such University, Oil SPHR, and as the Gas CEBS along Affordable industries, and with CCP Care for global Act an designations. MBA with a double (ACA) clients, major Regulations, in in country HR and and annual in field market Finance, as well as trends operations SPHR, and CEBS benefit throughout and strategies. the world. CCP designations.. MERCER 2017 4 Options, approvals

TODAY S TOPICS Recognizing sexual harassment The cost of sexual harassment Governing regulations Employer responsibility and risk mitigation Summary MERCER 2017 5

RECOGNIZING SEXUAL HARASSMENT WHAT IS SEXUAL HARASSMENT? MERCER 2015 6 MERCER 2017 6

WHAT IS SEXUAL HARASSMENT? Unwelcome sexual advances o Inappropriate touching o Repeated requests to date o Lewd jokes Requests for sexual favors Verbal, visual or physical conduct of a sexual nature o Offensive language o Inappropriate pictures in the work space MERCER 2017 7 Options, approvals

TYPES OF SEXUAL HARASSMENT Quid Pro Quo A Latin phrase meaning this for that Explicit or implicit demands for sexual favors in exchange for some benefit to the employee o Promotion o Pay increase o Avoid discipline o Prevent termination MERCER 2017 8

QUID PRO QUO SEXUAL HARASSMENT Only applies when perpetrated by a person in a position of superiority toward a subordinate; and The employer is always liable if the action involves an employment decision Examples: o A supervisor coerces a co-worker into sleeping with her with the promise of a promotion or pay raise; or o A supervisor takes disciplinary action or denies a promotion to an employee because he or she rejected sexual advance from the supervisor MERCER 2017 9

TYPES OF SEXUAL HARASSMENT Hostile Environment Conduct so severe or pervasive that it creates an intimidating, offensive, threatening or humiliating work environment Creates an intimidating, offensive, threatening or humiliating work environment May cause a situation where an individual s psychological well-being is adversely affected It can be verbal, physical or visual MERCER 2017 10

HOSTILE ENVIRONMENT Examples: Offensive or sexually suggestive pictures in the workplace Conversation or joking of a sexual nature that can be overheard by parties not involved in the direct conversation Assuming a posture that traps someone so they can t get away Using sexual terms to describe someone, either directly or indirectly MERCER 2017 11

COSTS OF SEXUAL HARASSMENT FINANCIAL AND NON- FINANCIAL IMPACTS MERCER 2015 12 MERCER 2017 12

FINANCIAL COSTS OF SEXUAL HARASSMENT Harassment lawsuits o Employees win 50% of the time o Even if the employer is not found guilty, there are legal fees o The average cost to the employer for defending the lawsuit is reported to be $250,000 Individual perpetrators may be liable for monetary damages in addition to company damages MERCER 2017 13

FINANCIAL COSTS OF SEXUAL HARASSMENT In 2016 there were 12,860 complaints of sexual harassment filed with the EEOC 16.6% of them were filed by males $40.7 million awarded to victims MERCER 2017 14

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) The EEOC enforces Title VII and any employee who feels he or she is the victim of discrimination has the right to file a formal complaint with the EEOC EEOC Cases Mitsubishi: $34 million Chipotle: $8 million CRST: $2 million New Breed Logistics: $1.5 million MERCER 2017 15

RECENT HIGH-PROFILE CASES Uber is investigating claims by a female engineer that her supervisor harassed her - CEO is being replaced 250 women have filed against Sterling Jewelers Fox News high payouts and high profile departures Stimilt Growers sued by EEOC for retaliation following sexual harassment claim MERCER 2017 16

IMPACTS ON VICTIMS Some victims fear to report harassment for a variety of reasons Fear of retaliation Afraid of not being believed Hope that the behavior will stop Embarrassed to report it Loyalty to a supervisor or peer Fear of being alienated by others MERCER 2017 17

COSTS TO VICTIMS Lasting impacts on victims Physical and emotional health issues Poor work performance Increased absences Feel a need to leave the company These all have a bottom-line impact on your business MERCER 2017 18

GOVERNING REGULATIONS FEDERAL AND STATE REQUIREMENTS MERCER 2015 19 MERCER 2017 19

GOVERNING REGULATIONS Federal laws 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 Disabilities Act of 1990 The Genetic Information Nondiscrimination Act of 2008 MERCER 2017 20

TITLE VII OF THE CIVIL RIGHTS ACT Title VII of the Civil Rights Act of 1964 prohibits discrimination based on: o Race o Color o Religion o National origin o Gender/sex Primary Federal regulation governing sexual harassment MERCER 2017 21

STATE SEXUAL HARASSMENT LAWS CA AB 76 makes employers liable for any sexual harassment encountered by their employees in the workplace o This includes treatment by customers and vendors CA AB 1825 requires California employers with 50 or more employees to provide supervisors at least two hours of sexual harassment training every two years MERCER 2017 22

STATE PROTECTION The California Fair Employment and Housing Commission prohibits: o Harassment based on sex or of a sexual nature o Gender harassment o 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 perpetrator MERCER 2017 23

NEW CALIFORNIA REGULATION CA AB 887 has redefined Gender to include: o Gender Identity - how an individual gender identifies regardless of biological characteristics o Gender Expression - how a person presents his or her gender through appearance and behavior regardless of assigned sex at birth Employers must allow employees to dress consistently with the employee s gender identity and gender expression MERCER 2017 24

EMPLOYER RESPONSIBILITY MITIGATING RISK MERCER 2015 25 MERCER 2017 25

RESPONDING TO COMPLAINTS Respond immediately Take the complaint seriously Assess the complaint fairly and impartially Don t promise confidentiality Be supportive and try to put the victim at ease Show empathy and respect Get as much specific information as possible Document the conversation Assure the employee there will be no retaliation MERCER 2017 26

STEPS FOLLOWING A COMPLAINT All complaints must be taken seriously, but not every complaint requires a full-scale investigation Determine whether the incident requires investigation Is there a simple answer or is it a complex issue? Does it involve just one employee, or are others affected? Is there a pattern of inappropriate behavior, or was it a single incident? Was the employee able to provide enough details for you to determine a resolution? MERCER 2017 27

EMPLOYEE AND COMPANY RESPONSIBILITY Have zero tolerance for harassment and discrimination - if you see something, say something If you are not certain that what you witnessed is abusive conduct, bring it to someone s attention o Speak with the perpetrator o Share the information with a supervisor o Let HR know there may be a problem Human Resources must take harassment complaints seriously and conduct an investigation MERCER 2017 28

WHEN TO INVESTIGATE The employer knows or should know of violations An employee or the employee s supervisor raises a concern to someone in authority while at the same time stating that they are not complaining In response to noted changes in the workplace such as decreased morale, productivity or attendance MERCER 2017 29

WHEN TO INVESTIGATE, CONTINUED When the employer suspects there is any kind of misconduct An administrative agency begins to inquire into the conditions in the workplace A notice is received from the EEOC A notice of a lawsuit is received MERCER 2017 30

DISCIPLINING PERPETRATORS Perpetrator acknowledgement Administrative leave No discussion with the victim Perpetrator training Follow up MERCER 2017 31

DISCIPLINING PERPETRATORS, CONTINUED Don t discuss the details of the disciplinary action with the victim Do assure the victim that action has been taken Let the victim know that any repeat of the offense will result in discipline that is more severe If the perpetrator supervises the victim, consider whether the reporting relationship will remain o If this course of action is followed, ensure it is not, or not perceived as, retaliation toward the victim MERCER 2017 32

RETALIATION Retaliation is any adverse action taken against an employee because he or she complained of harassment or discrimination Retaliation is prohibited by anti-discrimination laws In the event there is retaliation against the victim, the victim may file a charge of retaliation Adverse action may include demotion, discipline, termination, salary reduction, a negative performance review, a change in job duties or shift MERCER 2017 33

TRAINING A valid defense requires the employer show they have provided periodic training to supervisors If no tangible negative employment action, the employer may raise an affirmative defense by proving o It exercises reasonable care and promptly corrects the harassment; and o The employee unreasonably failed to report the harassment or otherwise avoid harm MERCER 2017 34

MINIMIZE LEGAL EXPOSURE Proactive steps Have a written policy Define and communicate clear complaint procedures Require periodic manager training Train all employees to ensure they understand their rights and responsibilities Have zero tolerance for retaliation MERCER 2017 35

MINIMIZE LEGAL EXPOSURE, CONTINUED Responding to an incident Fair treatment Timely response Maintain confidentiality Investigate Respect the victim Make judgments based on facts MERCER 2017 36

SUMMARY Sexual harassment is a crime Have a clear policy and ensure that managers and employees are familiar with their rights and responsibilities Training is critical, and in some cases, legally required Let managers and employees know that sexual harassment will not be tolerated Be available to respond to any reports of sexual harassment and take appropriate action MERCER 2017 37

APPLYING WHAT YOU VE LEARNED Be alert and monitor your workplace for offensive behavior, signs, conversations and written materials Don t ignore problems - investigate suspicious behavior and hostile interactions Be available and accessible let your employees know you welcome their concerns Immediately intervene when you witness harassment or discrimination Fix the problem, discipline offenders, and protect victims MERCER 2017 38

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