1. HOW TO AVOID SEXUAL
HARASSMENT AND RETALIATION
CLAIMS
A webinar presented for LSCP members
By Deb LaMere, HR Consulting

2. At the end of this webinar, you will be able
to:
1. Explain what sexual harassment is
2. State why it is important to prevent
sexual harassment in your workplace
3. Understand what retaliation is and
help prevent retaliation claims by
employees who complain of sexual
harassment

3. 4. Implement or create your policy and
procedures on sexual harassment
5. Understand your responsibilities for
handling complaints, assisting in
investigations and disciplinary action.

4. WHAT DO WE EXPECT WHEN WE REPORT TO
WORK
 To be treated with respect
 For others to be courteous
 To be able to get our work done
 To be appreciated
 To be resourceful
 Not to feel threatened or intimidated

5. LAWS
 Civil Rights Act
 Title VII
 ADEA
 ADA
 Michigan CRA – or ELCRA
 Etc.

6. WHAT EXACTLY IS SEXUAL HARASSMENT?
 Unwelcome sexual advances
 Requests for sexual favors
 Other verbal or physical conduct of a sexual nature
that affects an individuals’
employment, unreasonably interferes with his/her
work performance, or creates an
intimidating, hostile or offensive work environment

7. TWO FORMS OF SEXUAL HARASSMENT
 Quid pro quo (Latin for “this for that” or “something
for something”)
 Hostile Work Environment

8. QUID PRO QUO
 Tangible employment action against the victim
 Involves monetary loss or change in job
 Example: Mary Smith receives smaller pay increase
based on performance than other employees with
similar performance because she refused to go out with
her supervisor, John Doe.

9. HOSTILE WORK ENVIRONMENT
 Speech or conduct that is severe and/or pervasive
enough to create an abusive or hostile work
environment
 Example: Mike Maloney is leering (elevator eyes) at
and intentionally brushing against Sally Davis
 Repeated actions, comments, or objects that
“unreasonably interfere” with work performance
or that create a “hostile, intimidating or offensive”
work environment.

10. HOSTILE WORK ENVIRONMENT (CONT.)
 In addition to speech and/or conduct, covers explicit
or suggestive items displayed in the workplace that
interfere with job performance or that create an
abusive or hostile work environment
 Example: Jill Jones has a 9” x 12” calendar of nude
males on her cubicle wall visible to passersby.

11. WHO CAN BE INVOLVED IN SEXUAL
HARASSMENT?
 Those who commit – employees at all
levels, customers, members of the same sex
 Those who are targeted – victims, bystanders
and, in some cases, witnesses who are affected by
the harassment.

12. HOW TO PREVENT SEXUAL HARASSMENT
 Make sure you have a policy in place.
 Procedures to follow.
 Who to report cases to.
 How do you treat confidentiality?

13. WHAT IS RETALIATION
Retaliation is defined as an adverse action taken
against an employee because he/she
complained of harassment or discrimination
• Adverse action includes demotion, discipline, termination, salary
reduction, negative performance appraisal, change in job duties
or shift assignment
• Any other term or condition of employment

14. EXAMPLES OF RETALIATION:
 Negative performance evaluations
 Discipline
 Threats of losing pay, benefits, job
 Job transfers or changes in work assignments
 Improper investigations
 Denial of opportunities for advancement
 Denial of vacation

15. RETALIATION CLAIMS
 36.3% in FY 2010 for all statutes
 31 % for Title VII only
 Largest complaint area
 http://www1.eeoc.gov/eeoc/statistics/enforcement/c
harges.cfm

16. WHY THE INCREASE IN CLAIMS?
 Greater public accessibility to the EEOC
 Employees are knowing their rights
 Economic conditions
 Demographic shifts in labor force

17. TO SUCCEED IN A RETALIATION CLAIM, AND
EMPLOYEE MUST PROVE THE FOLLOWING:
 That he/she engaged in a protected activity, such
as complaining of sexual harassment
 That he/she suffered an adverse employment
action, such as demotion, termination
 That the protected activity and adverse action are
linked.

18. YOU CAN AVOID CHARGES OF RETALIATION
 Train your supervisors.
 Document the reason for any adverse employment
against an employee. Make sure that the
documentation shows no discriminatory reason for
the adverse action.
 Do NOT take any action against an employee who
has complained of sexual harassment without
discussing with and obtaining approval from human
resources/senior management.

19.  Implement and follow a zero-tolerance anti-
discrimination and anti-retaliation policy.
 Recognize employee-protected activity.
 Timing is important.

20. YOUR RESPONSIBILITY:
 Know and comply with our policy and procedures
 Immediately report any complaint that you receive
from your employees or incidents that you witness
involving other supervisors’ employees to human
resources/manager

21. HOW TO HANDLE COMPLAINTS:
 Demonstrate your willingness to hear and
objectively discuss complaints
 Inform the employee that you must report all
complains to human resources/upper management.
 Tell the employee that confidentiality will be
respected as much as possible but cannot be
assured in order to investigate fully and properly

22. HANDLING COMPLAINTS (CONT.)
 Do not object if an employee prefers to or actually
does bypass the standard chain of command
 Respond to any employee’s complaint as soon as
possible.
 Do not engage in retaliation against an employee
who complains of sexual harassment

23. WHO SHOULD CONDUCT INVESTIGATIONS?
Investigations are conducted by human
resources, a consultant , or the company’s
legal counsel
• Be available for interviews and provide as much
information as possible.
• Make employees available for interviews

24. Once an investigation has been completed, if
disciplinary action is to be taken, work with
human resources/management to make sure
that:
• The victim is not adversely affected
• The sexual harassment stops and does not recur

25. DOES EVERY COMPANY HAVE TO ABIDE?
If you have 15 or more employees, than you have to
abide by Title VII and ADA
But, it’s still the right thing to do.
Caveat: ELCRA

26. IN SUMMARY
 Quid Pro Quo and Hostile Work Environment
Sexual Harassment
 Keep our harassment policies current and conduct
anti-harassment training
 Actions courts have considered retaliation
 Investigate any harassment claims quickly and act
with due diligence
 Recognize employee-protected activity.
 Train our supervisors – don’t assume they “know”

27.  Questions?
 Thank you for participating in our first webinar! We
look forward to serving you again soon!
Deb LaMere, HR Consulting
deblamere@charter.net