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EEO & HRM Study Note

EEO & HRM Study Note - EEO HRM STUDY NOTE SEXUAL...

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EEO & HRM STUDY NOTE STUDY NOTE SEXUAL HARASSMENT Sexual Harassment (definition) A. Unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the working environment B. An employer is considered guilty of sexual harassment when: The employer knew or should have known about the unlawful conduct and failed to remedy it or to take corrective action. The employer allows nonemployees (customers or salespeople) to sexually harass employees Types of Sexual Harassment A. Type 1 Sexual Harassment As defined by the EEOC, type I (quid pro quo) sexual harassment, happens when submission of sexual activity is directly tied to offers of employment or penalty, such as denial of a promotion. o Occurs when “submission to or rejection of sexual conduct is used as a basis for employment decisions” o Involves a tangible or economic consequence, such as a demotion or loss of pay Offers of salary increases, promotions, additional training, or other positive employment benefits are examples of type I (quid pro quo) sexual harassment when the granting of benefits are conditioned upon receiving a sexual favor. B. Type II Sexual Harassment Type II sexual harassment (hostile environment) occurs when unwelcome sexual conduct “has the purpose or effect of unreasonably interfering with job performance or creating an intimidating, hostile, or offensive working environment” Dirty jokes, vulgar slang, nude pictures, swearing, sexual comments of an unfavorable nature, and personal ridicule and insult constitute sexual harassment when an employee finds them offensive Courts use a “reasonable person” test for type II sexual harassment (hostile environment) Basic Components of an Effective Sexual Harassment Policy A. Develop a comprehensive organization-wide policy on sexual harassment & present it to all current & new employees. Stress that sexual harassment will not be tolerated under any circumstances. Emphasis is best achieved when the policy is publicized & supported by top management B. Hold training sessions with supervisors to explain Title VII requirements, their role in providing an environment free from harassment, & proper investigative procedures when charges occur C. Establish a formal complaint procedure in which employees can discuss problems without fear of retaliation. The complaint procedure should spell out how charges will be investigated & resolved D. Act immediately when employees complain of sexual harassment. Communicate widely that investigations will be conducted objectively & with appreciation for the sensitivity of the issue
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EEO & HRM STUDY NOTE STUDY NOTE E. When an investigation supports employee charges, discipline the offender at once. For extremely serious offenses, discipline should include penalties up to & including discharge.
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