1 00:00:40,630 --> 00:00:41,939 Let’s be honest. 2 00:00:41,940 --> 00:00:45,868 Even after all the training, the public outcry, the legal battles… 3 00:00:46,090 --> 00:00:50,299 sexual harassment is still a very real workplace issue. 4 00:00:50,300 --> 00:00:52,031 How is this possible? 5 00:00:52,056 --> 00:00:56,293 Why are companies still handing out millions of dollars in settlements each year? 6 00:00:56,318 --> 00:00:59,329 Enough’s enough! Wouldn’t you agree? 7 00:00:59,837 --> 00:01:03,454 The real question should be, what can we do to prevent it? 8 00:01:03,946 --> 00:01:06,905 As a leader in your organization, you play a critical role 9 00:01:06,930 --> 00:01:10,249 in the elimination of sexual harassment in your workplace. 10 00:01:10,250 --> 00:01:14,859 Anyone can be accused of harassment or be the target of harassment. 11 00:01:14,860 --> 00:01:18,926 It’s imperative that you create a culture that doesn’t tolerate harassment 12 00:01:18,951 --> 00:01:22,654 and to intervene to put an end to disrespectful behavior. 13 00:01:23,052 --> 00:01:25,566 So, before we go any farther, let's take a moment 14 00:01:25,591 --> 00:01:28,685 to review the definition of sexual harassment. 15 00:01:28,951 --> 00:01:31,081 Sexual harassment is defined as... 16 00:01:31,450 --> 00:01:35,559 Unwelcome sexual advances, requests for sexual favors, and other written, 17 00:01:35,560 --> 00:01:40,629 verbal or physical conduct of a sexual nature constitute sexual harassment 18 00:01:40,630 --> 00:01:46,059 when this conduct explicitly or implicitly affects an individual's employment, 19 00:01:46,060 --> 00:01:49,480 unreasonably interferes with an individual's work performance, 20 00:01:49,505 --> 00:01:54,363 or creates an intimidating, hostile, or offensive work environment. 21 00:01:54,388 --> 00:01:57,742 Sexual harassment is illegal and is prohibited 22 00:01:57,767 --> 00:02:01,566 by Title VII of the Civil Rights Act of 1964. 23 00:02:02,064 --> 00:02:05,564 Sexual harassment can occur in a variety of circumstances, 24 00:02:05,589 --> 00:02:08,089 including but not limited to the following: 25 00:02:08,114 --> 00:02:13,086 The target of sexual harassment as well as the accused may be a woman or a man. 26 00:02:13,111 --> 00:02:16,612 The target does not have to be of the opposite sex. 27 00:02:16,637 --> 00:02:21,039 The accused harasser can be the target's supervisor, an agent of the employer, 28 00:02:21,040 --> 00:02:26,021 a supervisor in another area, a co-worker, or even a non-employee. 29 00:02:26,300 --> 00:02:29,959 The target of harassment does not have to be the person harassed 30 00:02:29,960 --> 00:02:33,257 but could be anyone affected by the offensive conduct. 31 00:02:33,510 --> 00:02:35,732 Unlawful sexual harassment may occur 32 00:02:35,757 --> 00:02:39,487 without economic injury to or discharge of the target. 33 00:02:39,512 --> 00:02:43,199 The accused’s conduct must be unwelcome to the target 34 00:02:43,200 --> 00:02:45,503 as well as to a reasonable person. 35 00:02:46,294 --> 00:02:49,428 Sexual Harassment can occur in one of two ways. 36 00:02:49,429 --> 00:02:52,544 The first is Quid Pro Quo sexual harassment. 37 00:02:52,569 --> 00:02:56,718 Quid Pro Quo means “something for something,” or “this for that.” 38 00:02:56,743 --> 00:03:00,948 This form of harassment involves a promise of a promotion, better benefits 39 00:03:00,949 --> 00:03:04,940 or a guarantee of continued employment in return for a sexual favor 40 00:03:04,965 --> 00:03:08,808 or the threat of termination, demotion, pay decrease, 41 00:03:08,809 --> 00:03:11,337 or other adverse employment action. 42 00:03:11,610 --> 00:03:16,078 Think of it this way… Quid Pro Quo harassment typically occurs when a manager, 43 00:03:16,079 --> 00:03:20,969 supervisor or leader threatens a subordinate with a negative consequence, 44 00:03:20,994 --> 00:03:25,100 or promises a positive benefit, in exchange for a sexual favor. 45 00:03:25,125 --> 00:03:28,568 In other words, submitting to sexual behavior becomes an expressed 46 00:03:28,569 --> 00:03:33,967 or implied condition of employment or is used as a basis for employment decisions. 47 00:03:34,270 --> 00:03:38,274 Quid Pro Quo is really about an imbalance of power between two people – 48 00:03:38,299 --> 00:03:41,713 such as a manager and a subordinate employee. 49 00:03:42,074 --> 00:03:47,367 The second way sexual harassment can occur is when a hostile work environment is created. 50 00:03:47,719 --> 00:03:52,138 A hostile work environment exists when a person is subjected to forms of harassment such as: 51 00:03:52,163 --> 00:03:58,485 Sexual advances, requests for sexual favors, visual, verbal, or physical misconduct 52 00:03:58,510 --> 00:04:03,343 of a sexual nature, that’s unwelcome, and that’s pervasive or severe enough 53 00:04:03,368 --> 00:04:08,128 to affect the target’s employment and create an abusive working environment. 54 00:04:08,446 --> 00:04:12,159 Hostile environment harassment occurs when the effect of the harassing behavior 55 00:04:12,160 --> 00:04:17,048 makes the work environment unreasonably offensive or intimidating, 56 00:04:17,073 --> 00:04:22,658 or unreasonably interferes with the target’s ability to do the job effectively. 57 00:04:23,009 --> 00:04:26,519 Harassing behavior that causes a hostile environment can range from 58 00:04:26,520 --> 00:04:32,101 sexually suggestive jokes and pictures to unwelcome physical contact. 59 00:04:32,892 --> 00:04:37,398 How can you prevent your behavior from being taken as sexual harassment? 60 00:04:37,423 --> 00:04:41,310 It’s important that you are self-aware of any personal behaviors 61 00:04:41,335 --> 00:04:44,093 or habits that could be perceived as harassment. 62 00:04:44,118 --> 00:04:48,302 Watch the reactions of others to what you say and do and change your behavior 63 00:04:48,327 --> 00:04:51,969 if you see or sense their concern or discomfort with you. 64 00:04:51,970 --> 00:04:56,857 An employee may perceive and even believe that you hold power over them and, 65 00:04:56,882 --> 00:04:59,859 therefore, feel he or she must accept your behavior 66 00:04:59,860 --> 00:05:03,849 in order to keep their job or advance within the organization. 67 00:05:03,850 --> 00:05:06,829 Never say or suggest that any employment action 68 00:05:06,830 --> 00:05:09,640 depends on submission to sexual conduct. 69 00:05:10,118 --> 00:05:12,999 That should go without saying, but it needs to be said 70 00:05:13,000 --> 00:05:17,330 because quid pro quo sexual harassment continues to take place. 71 00:05:17,355 --> 00:05:20,269 Also, educate yourself about sexual harassment. 72 00:05:20,270 --> 00:05:23,359 Your organization is taking proactive steps to prevent 73 00:05:23,360 --> 00:05:26,707 and promptly correct any behavior that has the potential 74 00:05:26,732 --> 00:05:30,394 to create a hostile work environment by showing you this program. 75 00:05:30,739 --> 00:05:33,435 You, as a leader of others, are a key part of 76 00:05:33,460 --> 00:05:36,278 preventing sexual harassment in the workplace. 77 00:05:36,279 --> 00:05:41,254 So, how can you prevent sexual harassment committed by others in your workplace? 78 00:05:41,279 --> 00:05:45,948 Prevention is the best tool to eliminate sexual harassment in the workplace. 79 00:05:45,949 --> 00:05:48,736 You are required to take necessary steps to prevent 80 00:05:48,761 --> 00:05:51,197 sexual harassment from occurring. 81 00:05:51,222 --> 00:05:54,439 Here are some tips for how you can do that. 82 00:05:54,464 --> 00:06:00,319 Know and follow the organizations harassment complaint policy and investigation guidelines. 83 00:06:00,320 --> 00:06:04,273 Make sure your team knows your organization’s policies prohibiting 84 00:06:04,298 --> 00:06:09,791 sexual harassment and knows what to do if they see it or become a target of it. 85 00:06:10,211 --> 00:06:14,129 Create an environment whereby targets of sexual harassment are not afraid 86 00:06:14,130 --> 00:06:18,213 to come to you — or even go above you to your management or 87 00:06:18,238 --> 00:06:21,074 Human Resources department - to report behavior 88 00:06:21,099 --> 00:06:22,740 that has made them uncomfortable. 89 00:06:22,974 --> 00:06:25,940 Keep all avenues of complaint open. 90 00:06:26,597 --> 00:06:31,239 Set the example by NEVER engaging in any behavior that might be considered 91 00:06:31,240 --> 00:06:36,713 sexual harassment – regardless of how mild or welcome it may seem. 92 00:06:36,967 --> 00:06:39,579 Immediately act if there is a complaint 93 00:06:39,580 --> 00:06:43,309 OR when you see or hear of inappropriate sexual behavior. 94 00:06:43,334 --> 00:06:46,229 Dealing effectively with complaints of sexual harassment 95 00:06:46,230 --> 00:06:49,652 is one of the most important tasks you face. 96 00:06:50,014 --> 00:06:53,332 Document everything you are told when hearing a complaint 97 00:06:53,357 --> 00:06:56,180 or conducting an initial investigation. 98 00:06:56,205 --> 00:07:01,684 Evaluate all evidence – documents, texts, e‐mail, video, etc. 99 00:07:02,007 --> 00:07:06,464 Be sure complaints or reports of sexual harassment or improper sexual behavior 100 00:07:06,489 --> 00:07:09,228 are given to the right person in your organization 101 00:07:09,253 --> 00:07:11,859 who can investigate and handle them. 102 00:07:11,860 --> 00:07:16,064 Be prepared to issue discipline for any inappropriate behavior 103 00:07:16,089 --> 00:07:20,156 based on the outcome of investigations, consultation with your HR 104 00:07:20,181 --> 00:07:23,943 or legal department, and per policy guidelines. 105 00:07:24,255 --> 00:07:26,869 You must take prompt and effective disciplinary 106 00:07:26,870 --> 00:07:31,658 or corrective actions to stop the behavior and prevent it from occurring again. 107 00:07:32,300 --> 00:07:34,679 Lastly, keep things confidential. 108 00:07:34,680 --> 00:07:37,639 It’s very important to protect all parties involved 109 00:07:37,640 --> 00:07:41,941 as well as safeguard employees from any kind of retaliation. 110 00:07:41,966 --> 00:07:46,129 Now, this doesn’t mean keeping a report of sexual harassment so confidential 111 00:07:46,130 --> 00:07:48,514 that the right leaders in your organization 112 00:07:48,539 --> 00:07:51,141 aren’t told about it and can’t handle it. 113 00:07:51,510 --> 00:07:55,345 Remember, you must take prompt and effective disciplinary 114 00:07:55,370 --> 00:07:59,839 or corrective actions to stop the behavior and prevent it from occurring again. 115 00:07:59,840 --> 00:08:02,620 Sometimes employees feel relieved by merely 116 00:08:02,645 --> 00:08:04,891 telling a leader about their problem. 117 00:08:04,916 --> 00:08:07,899 If an employee says “I don’t want you to tell anyone else 118 00:08:07,900 --> 00:08:11,251 or do anything about the harassment I just told you about,” 119 00:08:11,276 --> 00:08:14,649 You need to know… That is a confidence you cannot keep. 120 00:08:14,933 --> 00:08:18,365 Calmly explain that you are required to share some things 121 00:08:18,390 --> 00:08:23,189 with other leaders in the organization… and this is one of those things. 122 00:08:23,190 --> 00:08:27,089 The employee’s problem must be addressed and resolved, 123 00:08:27,090 --> 00:08:30,540 not merely heard and then kept secret. 124 00:08:31,640 --> 00:08:34,279 As a manager, here are a few steps you must take 125 00:08:34,280 --> 00:08:37,679 when it comes to sexual harassment prevention in the workplace: 126 00:08:37,680 --> 00:08:40,299 Know your organization's sexual harassment policy 127 00:08:40,300 --> 00:08:43,119 that explains prohibited workplace behavior. 128 00:08:43,120 --> 00:08:47,589 Be open to questions about it and get help answering them, as needed. 129 00:08:47,590 --> 00:08:50,649 Educate all employees on organizational policy - 130 00:08:50,650 --> 00:08:53,400 especially the complaint procedures. 131 00:08:53,700 --> 00:08:58,139 Reinforce training by discussing examples of inappropriate workplace behavior, 132 00:08:58,140 --> 00:09:02,301 using HR or legal experts in these discussions. 133 00:09:02,326 --> 00:09:08,400 If there is a policy violation, take deliberate and decisive corrective action. 134 00:09:08,634 --> 00:09:11,959 Do not retaliate against anyone who has made a complaint 135 00:09:11,960 --> 00:09:14,749 or participated in an investigation. 136 00:09:15,540 --> 00:09:17,549 So, what’s the bottom line here? 137 00:09:17,550 --> 00:09:22,370 Preventing sexual harassment is about recognizing what's going on around us 138 00:09:22,395 --> 00:09:24,480 and being proactive about it. 139 00:09:24,505 --> 00:09:28,879 If you see or hear about the kinds of situations that are sexually inappropriate 140 00:09:28,880 --> 00:09:33,093 don't just walk away or laugh them off – address them! 141 00:09:33,118 --> 00:09:37,099 Preventing sexual harassment means making sure that we're treating coworkers, 142 00:09:37,100 --> 00:09:41,039 customers, vendors - anyone we deal with in the workplace - 143 00:09:41,040 --> 00:09:44,159 with absolute dignity and respect. 144 00:09:44,347 --> 00:09:47,257 Not just because it will help us stay out of court… 145 00:09:47,282 --> 00:09:52,814 but because everyone deserves to work in a place free of sexual harassment.