Sexual Harassment Policy

Cover Page

Sexual Harassment Policy

Unit 1

Britt L. Sylvester

Human Resource Management

MGT330

Carol Boniface-Hannon

September 2, 2006

Sexual Harassment Policy

The following sexual harassment policy was adapted from the policies of the University of Colorado (Regents of the University of Colorado, 2005) and the University of Alabama (The University of Alabama, n.d.) using the notice of Policy Guidance on Current Issues of Sexual Harassment (The U.S. Equal Employment Opportunity Commission, 1990) and the guidelines in figure 2-1 to minimize liability in sexual harassment claims (Dessler, 2005, p.35). Included in this policy for the following elements for creating an effective sexual harassment policy and procedures;

1. Take all complaints about harassment seriously.

2. Issue a strong policy statement condemning such behavior.

3. Informal employees about the policy prohibiting sexual harassment and their rights under the policy.

4. Develop and implement the complaint procedure.

5. Establish a management response system that includes an immediate reaction an investigation by senior management.

6. Begin management training sessions with supervisors and managers to increase their awareness of the issues.

7. Discipline managers and employees involved in sexual harassment.

8. Keep the row records of complaints, investigations, and actions taken.

9. Encourage upward communication through periodic written attitude surveys, hotlines, suggestion boxes, and other feedback procedures to discover employee's feelings concerning any evidence of sexual harassment and to keep management informed.

Sexual Harassment Policy

The Company does not discriminate on the basis of race, color, national origin, sex, age, disability, creed, religion, sexual orientation, or veteran status regarding employment or its daily work routine and activities1 (Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)). The Company is committed to providing and promoting an atmosphere in which employees can realize their maximum potential in the workplace. In pursuit of these goals, the Company will not tolerate acts of sexual harassment or related retaliation against or by any employee. This Policy (1) provides a general definition of sexual harassment and related retaliation; (2) prohibits sexual harassment and related retaliation; and (3) sets out procedures to follow when an employee believes a violation of the Policy has occurred. It is also a violation of this Policy for anyone acting knowingly and recklessly either to make a false complaint of sexual harassment or to provide false information regarding a complaint.

1) Sexual Harassment Defined

This policy prohibits "quid pro quo" and "hostile environment" sexual harassment as defined below.

1. The reason for the inclusion of the EEOC statement is "the Court quoted the Eleventh Circuit's decision in Henson v. City of Dundee, 682 F.2d 897, 902, 29 EPD ¶ 32,993 (11th Cir. 1982):

Sexual harassment which creates a hostile or offensive environment for members of one sex is every bit the arbitrary barrier to sexual equality at the workplace that racial harassment is to racial equality. Surely, a requirement that a man or woman run a gauntlet of sexual abuse in return for the privilege of being allowed to work and made a living can be as demeaning and disconcerting as the harshest of racial epithets" (The U.S. Equal Employment Opportunity Commission, 1990).

a) Quid Pro Quo Sexual Harassment - 29 C.F.R § 1604.11 (a) (1)

Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature by one in a position of power or influence constitutes "quid pro quo sexual harassment" when 1) submission by an individual is made either an explicit or implicit term or condition of employment, or 2) submission to or rejection of such conduct is used as the basis for employment decisions affecting that employee. As defined here, "quid pro quo sexual harassment" normally arises in the context of an authority relationship. This relationship may be direct as in the case of a supervisor and subordinate or or it may be indirect when the harasser has the power to influence others who have authority over the victim.

b) Hostile Environment Sexual Harassment - 29 C.F.R § 1604.11(a)(2)

Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature constitute "hostile environment sexual harassment" when such conduct is directed toward an individual because of his or her gender and has the purpose or effect of 1) creating an intimidating, hostile, or offensive work environment, or 2) unreasonably interfering with another's work performance. Generally, a single sexual joke, offensive epithet, or request for a date does not constitute hostile environment sexual harassment; however, being subjected to such jokes, epithets or requests repeatedly may constitute hostile environment sexual harassment.

In determining whether alleged sexual harassing conduct warrants corrective action, all relevant circumstances, including the context in which the conduct occurred, will be considered.

2) Reporting of Sexual Harassment Allegations

Persons who believe they have been victims of sexual harassment should report the incident(s) immediately to appropriate administrative officials as set forth below. Delay in reporting makes it more difficult to establish the facts of a case and may contribute to the repetition of offensive behavior.

a) Confidentiality

The Company will do everything consistent with enforcement of this policy and with the law to protect the privacy of the individuals involved and to ensure that the complainant and the accused are treated fairly. Information about individual complaints and their disposition