Lesson 2 of Traena's Anti-Harassment Training Course.

1. P R I V A T E A N D C O N F I D E N T I A L
This is the second lesson of Traena’s Anti-Harassment Training
Course – How to Respond to Sexual Harassment.
In this lesson, you will:
• Learn the appropriate responses and actions to harassment in the
workplace
• Understand employer and employee liability for sexual harassment
1
Agenda

2. P R I V A T E A N D C O N F I D E N T I A L
• All employees are expected to avoid any behavior or conduct toward any other
employee that could be interpreted as unlawful and / or sexual harassment
• All employees have the right to file a complaint concerning unlawful and / or sexual
harassment and are protected from retaliation
• Employees are encouraged to inform the harasser directly that the conduct is
unwelcome and must stop
• Employees should also consult their company’s harassment policy and report
harassment to management at an early stage to prevent its escalation
• Employees should report harassment to any supervisor that they feel comfortable
with (does not have to be his or her direct supervisor)
2
Complaint procedure

3. P R I V A T E A N D C O N F I D E N T I A L
• If filing a complaint, it is very helpful to record details of what happened. Upon a
complaint and investigation, the following information may be requested:
• the name or a description of the alleged harasser(s)
• alleged victim(s)
• any witnesses
• the date(s) of the alleged harassment
• the location(s) of the alleged harassment
• a description of the alleged harassment
• Any other information related to your complaint
• You may find more information and lodge complaints regarding harassment,
discrimination, and retaliation by contacting the offices of the federal Equal Employment
Opportunity Commission at www.eeoc.gov or by contacting your state or local equal
employment agency.
3
Complaint procedure (cont’d)

4. P R I V A T E A N D C O N F I D E N T I A L
• An employer is always responsible for harassment by a supervisor that culminated in a
tangible employment action
• A "tangible employment action" means a significant change in employment status.
Examples include hiring, firing, promotion, demotion, undesirable reassignment, a
decision causing a significant change in benefits, compensation decisions, and work
assignment
• This might occur if a supervisor fires or demotes a subordinate because she rejects
his sexual demands, or promotes her because she submits to his sexual demands
4
Employer Liability

5. P R I V A T E A N D C O N F I D E N T I A L
• If the harassment did not lead to a tangible employment action, the employer is liable
unless it proves that:
1) It exercised reasonable care to prevent and promptly correct any harassment; and
2) The employee unreasonably failed to complain to management or to avoid harm
otherwise
• An employer will be liable for harassment by non-supervisory employees or non-
employees over whom it has control (e.g., independent contractors or customers on
the premises), if it knew, or should have known about the harassment and failed to
take prompt and appropriate corrective action
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Employer Liability (cont’d)

6. P R I V A T E A N D C O N F I D E N T I A L
• Employees may be personally liable for monetary damages if they are found to have
engaged in sexual harassment
• Employees at all levels can be sued as individuals
• If the employer finds the employee guilty of sexual harassment, they will likely not
defend the employee or pay any damages on the employees behalf
6
Employee Liability