The Ultimate Supervisor Module G by Chiron Concepts Consulting

Written Compiled & Presented by Colin Dovey Copyright Chiron Concepts Consulting ÂŠ 2012

Welcome! Welcome to the Sexual Harassment Prevention learning program. This program was designed as a refresher for what you have done in a session or workshop. Sexual Harassment is a form of discrimination that violates the Labour Act. Sexual Harassment consists of unwanted, unwelcome sexual advances or sexual conduct in the workplace that has the effect of unreasonably interfering with a person’s work performance. This type of behaviour can create an intimidating or even hostile working environment. The goal of eliminating sexual harassment in the workplace must begin with prevention. As responsible supervisors, at whatever level, and in whatever role, we all have a responsibility to prevent sexual harassment from occurring. To accomplish this goal, this training program will: Ÿ Increase you awareness, and Ÿ Provide you with the skills and motivation needed to address issues of sexual harassment. Course Completion Once you have completed this program, coupled with the session or workshop, your competion data will be sent to your company. To successfully complete this course, you are required to: Ÿ Read the information presented on each page or screen Ÿ Check your comprehension of the material by participating in all learning activities, such as surveys, open-ended questions and other interactive exercises.

Answer all review questions and use the feedback provided to increase your understanding.

Getting started................... This course will provide examples of the approaches and techniques that can be used to prevent sexual harassment in the workplace.

What all Supervisors Need to know

This module will help you, as a supervisor, create and ensure a work environment that promotes respect amongst staff.

Objectives The sexual harassment module: “What Supervisors Need to Know” was designed to meet the following objectives: Ÿ To understand the concept and definitions associated with sexual harassment Ÿ To identify situations and behaviours that could be perceived as sexual harassment. Ÿ To understand a supervisor’s obligations that could be perceived as sexual harassment Ÿ To apply specific strategies for preventing and eliminating sexual harassment in the workplace. Ÿ To appropriately respond to allegations of sexual harassment Ÿ To apply specific strategies to promote healing after allegations of sexual harassment.

What Supervisors Need to Know This module consists of three distinct lessons. If this is your first time through the course, select the “Defining Sexual Harassment” button below to begin: Use the “Next Page” buttons to proceed through the course. The modules will be covered in the order shown on the buttons below. If you have already competed the course, and wish to review one or more of the parts, you can go directly to the information by clicking the relevant button below.

What constitutes Sexual Harassment?

This above introductory lesson will help you start thinking about the complexities of Sexual Harassment and ways in which you can prevent Sexual Harassment in your organisation. Defining Sexual Harassment

This lesson above will reinforce your understanding of the definition of sexual harassment, and give you an understanding of the many hidden costs of sexual harassment. Dealing with Sexual Harassment

The lesson above will give you an opportunity to identify potential sexual harassment situations and determine ways to prevent such situations from occurring in your workplace or office. Supervisory Issues

The last lesson above will help you gain an understanding of your supervisory responsibility and liability with regard to sexual harassment prevention.

What Constitutes Sexual Harassment: Addressing Your Understanding Select TRUE, FALSE or MAYBE for the following statements. You may find that it is difficult to respond to some of these situations as sexual harassment is not easy to define - and is often a very personal matter.

TRUE FALSE MAYBE 1. Physical acts by one employee against another constitute sexual harassment. 2. A suggestive cartoon hanging over an employeeâ&#x20AC;&#x2122;s desk Constitutes sexual harassment. 3. Ignoring another employee constitutes sexual harassment 4. People in some cultures are more physical and openly Affectionate than others and co-workers should understand their actions are not meant as sexual harassment. 5. Staring is sexual harassment 6. Sexual innuendos made at an office party are not sexual Harassment 7. Touching of one employee by another is sexual Is sexual harassment 8. The promotion of an unqualified willing participant in an office romance can be considered as sexual harassment. 9. Failure to promote an employee because he/she will not Date you is sexual harassment 10. Inviting a coworker to go out on a date even though he/she has refused to go out with you in the past is sexual harassment. NEXT PAGE

What Constitutes Sexual Harassment: Assessing Your Understanding Feedback It is not always easy to distinguish sexually harassing behaviours. Often, whether a behaviour is sexual harassment, depends on the context of the behaviour and the interpretation and perceptions of the recipient. Indeed, depending on the circumstances, if any of these behaviours were reported and unwanted and occurred over an extended period of time, they may be deemed a pattern of sexual harassment. The statements in this activity were a way to get you to think about the complexities of sexual harassment. As a supervisor in your workplace or office, it is your responsibility to be sensitive and respectful of other employees and to model appropriate behaviour in the workplace. NEXT PAGE

What Constitutes Sexual Harassment: Modelling Preventative Behaviour Be serious about stopping and preventing sexual harassment. Don’t let negative attitudes about people come out at work. Remember it is your responsibility to do your work and follow the policies and procedures of your employer. In the case of sexual harassment, it could cost your employer a great deal of money in a court case. And, it could cost you your job! When you are at work remember to: Ÿ Avoid behaviour that has sexual overtones, including: ü Complimenting a person’s body ü Asking questions about a person’s sex life ü Asking to date someone who has repeatedly said no. Ÿ Keep your work area appropriately decorated. There should be no posters, pictures or other items that some people could find offensive. Ÿ Don’t use sexual humour Ÿ Don’t go overboard at office parties, picnics, or after work socialising - especially when alcohol is involved. You still have to work with these people. Ÿ Remember the rules of proper conduct to your workplace office customer’s, vendors, suppliers, etc.. Don’t harass any of them or let them harass you. NEXT PAGE

Defining Sexual Harassment This

activity will help you get an understanding of the definition of sexual harassment.

Consider each of the following questions, then type your answer in the space provided. When you are done, go to the next page. 1. As a supervisor, what does the term sexual harassment mean to you?

2. How is sexual harassment different from sexual discrimination?

3. Why does sexual harassment occur in the workplace?

4. Give three examples of sexual harassment

5. As a supervisor, how are you affected by sexual harassment in the workplace?

6. What is the most important thing you, as a supervisor, can do to combat sexual harassment in the workplace?

Defining Sexual Harassment: Feedback 1. As a supervisor, what does the term sexual harassment mean to you? Sexual Harassment is any unwanted verbal or physical advances, sexually explicit derogatory statements, or sexually discriminatory remarks made by someone in the workplace which are offensive or objectionable to the recipient or which cause the recipient discomfort or humiliation or which interfere with the recipientâ&#x20AC;&#x2122;s job performance. 2. How is sexual harassment different from sexual discrimination? Sexual Harassment is a kind of sexual discrimination. Sexual discrimination is when a particular sex is treated differently from those of the other sex. 3. Why does sexual harassment occur in the workplace? There are no right or wrong answers. This question was to get you to consider the issues affecting your work environment such as: cultural differences, nontraditional environment, people not realizing the impact of their behaviour, power plays, etc. The majority of behaviours, comments and/or actions are not intentional. Regardless of the intent, the basis for judgment is on the impact. Behaviours, comments, etc. that are unwelcome and offensive, though not intentional, still negatively affect the recipient. Sometimes, pioneers (i.e. the first or only male or female, lesbian or gay male, person with a visible disability, or other individuals from underrepresented groups) are targets of sexual harassment. Harassment occurs when one or more employees in the work group feels resentful, uncomfortable or intimidated by the presence of the new employee. The harasser seeks to establish a "we/they" atmosphere by focusing on the new employee's gender or sexual orientation to define him or her as different, incompetent, or not to be taken seriously. This type of harassment occurs when employees enter jobs where people like themselves are few in number. Frequently, targets of this type of harassment do not report it because they do not want to do anything to further alienate themselves from their peers. In addition, the target of the harassment may fear that if he or she reports it, it may be interpreted as an admission that he or she cannot handle the job or the work environment. Probationary, temporary (including seasonal) and provisional employees may also be susceptible to sexual harassment. New employees may not be aware of what is considered acceptable and unacceptable behaviour, and unsure of who they can confide in. Non-permanent employees may be reluctant to question or complain about incidents which may occur. They may fear that they will be viewed as overly sensitive or troublemakers, and receive unfavourable performance evaluations, which could jeopardize their employment status. Therefore, a harasser might view such employees as easy targets. NEXT PAGE

Defining Sexual Harassment: Feedback (cont) Question 4 Give three examples of sexual harassment

Harassment can be visual, verbal, written, non-verbal, threats, physical assault and rape. Question 5 As a supervisor, it is your responsibility to create and maintain a harassment-free work environment. Sexual harassment can affect the work environment in any or all of the following ways: Ÿ Production decreases Ÿ Quality of work falters Ÿ Sick time, tardiness increases Ÿ People feel victimised Ÿ Rumours and gossip run rampant Ÿ People are afraid to be friendly In addition a supervisor may be held liable if he or she does not respond to an employee’s complaint.

Question 6 What is the most important thing you, as a supervisor, can do to combat sexual harassment in the workplace? Be a role model. Supervisors must continually try to promote harmony in the workplace by modelling acceptable behaviour and treating all employees fairly. It is important to understand the culture of the unit and/or organization and analyse how staff interact. As you can see, defining sexual harassment is not always an easy task. Some behaviours are obviously inappropriate, while others may not intend to cause harassment. Each employee, therefore, has a responsibility to keep his or her own behaviour in check and to create an environment of respect. Supervisors must take even greater care when it comes to monitoring the behaviours in the workplace and promoting respect and harmony. NEXT PAGE

Defining Sexual Harassment: What is Sexual Harassment? As you learned in the previous exercise, sexual harassment is defined to be any unwanted verbal or physical advances, sexually explicit derogatory statements, or sexually discriminatory remarks made by someone in the workplace which are offensive or objectionable to the recipient or which causes the recipient discomfort or humiliation or which interferes with the recipient's job performance. Sexual harassment occurs when unwelcome behaviour on the basis of sex affects a person's job and makes the employee feel uncomfortable. Behaviours that constitute sexual harassment may include, but are not limited to, the following: Ÿ Visual harassment: posters, magazines, calendars, etc. Ÿ Verbal harassment or abuse: repeated requests for dates, lewd comments, sexually explicit jokes, whistling, etc. Ÿ Written harassment: love poems or letters, graffiti Ÿ Offensive gestures Ÿ Subtle pressure for sexual activities. Ÿ Unnecessary touching, patting, pinching or kissing Ÿ Leering or ogling Ÿ Frequent brushing up against another’s body Ÿ Promise of promotions, favourable performance evaluations, etc. In return for sexual favours Ÿ Demanding sexual favours accompanied by implied or overt threats to a person’s job, promotions, performance evaluation, etc. Ÿ Physical assault, rape. The first step towards eliminating sexual harassment from the workplace is prevention. Everyone should take steps to prevent sexual harassment from occurring in the first place. Supervisors can follow six steps to eliminate existing sexual harassment and set the stage for presenting it in the future: Ÿ Ÿ Ÿ Ÿ Ÿ Ÿ

Know your specific department’s sexual harassment policy Be a role model for your staff Identify potential problems and address them promptly Create an open door policy where people feel comfortable confiding in you. Maintain confidentiality to the extent possible Take action on all complaints even if the recipient asked you not to. NEXT PAGE

Type in your answer in the space provided below.

1. Can you think of examples of the hidden costs arising from a sexual harassment claim

Defining Sexual Harassment: The Cost of Sexual Harassment As indicated by recent statistics, the potential Rand cost liability from sexual harassment claims can be great for the employer as well as the individual harasser. However, this financial liability extends beyond the costs of judgments and settlements. Check your answers by clicking on any one of the heading below: Litigation and workplace or office proceedings Employee dissatisfaction and unrest Absenteeism Turnover Disruption of the work atmosphere Employee relations and Union problems Insurance Problems Decreased Productivity Loss of Goodwill Human Costs NEXT PAGE

Litigation and workplace or office Proceedings: There can be major costs to an organization resulting simply from being named as a defendant in a sexual harassment suit, regardless of any ultimate rulings. These include direct costs such as legal fees, reproduction of documents, and possibly overtime for employees who carry out work related to the case, or complete assignments that were delayed because of it. There can be major indirect costs, as well. For example, litigation or workplace or office hearings typically call for employees from practically all levels of the organization to spend varying amounts of time in work related to the case, such as investigating the claim, discussing it, having meetings about it, reviewing related paperwork, and even granting depositions. As a result, time may be spent by not only the parties directly involved in the claim, but also many others, including executive staff of the organization, the general manager, supervisors of the parties involved, witnesses for the prosecution and defence, and employees at large. The fact that these people are pulled away from their day-to-day responsibilities is a doubleedged cost. One is the hundreds of hours and thousands of dollars of employee time spent in working on various aspects of the claim; the other is the opportunities missed because employees were devoting time to the claim. Employee dissatisfaction: The victim and other employees can also experience job dissatisfaction as a result of the harasser's actions. For example, coworkers may be afraid that they, too, will be victims, may fear retaliation if they try to help the victim, and may suffer stress and anxiety if they perceive that they cannot help. All of this undermines coworker satisfaction on the job and may also become the basis of additional claims of sexual harassment because of the hostile and offensive work environment. Absenteeism: Sexual harassment can raise the level of job dissatisfaction to the point that staying away from work becomes more satisfying than going to work regardless of the consequences. Sexual harassment can also contribute significantly to the probability of a victim becoming physically ill or having an accident, both of which will result in increased absenteeism. Turnover: When the level of job dissatisfaction becomes too great, the employee withdraws and finds a more satisfying job. Disruption of the work atmosphere: Sexual harassment contributes to a less than hospitable atmosphere. Employee reaction to this is usually to lose respect for the workplace. There can be significant decreases in employee motivation, commitment, loyalty, and willingness to put forth extra effort, etc.

Employee relations and union problems: Sexual harassment can be detrimental to employee relations in general. In a unionised environment, there may be an increase in the number of grievances filed, less flexibility in day-to-day labour relations, and the union may take a tougher position in collective bargaining. Insurance problems: As noted earlier, sexual harassment can contribute to illness and even accidents. As a result, it can increase the number of hospital and medical insurance claims. Decreased productivity: Sexual harassment can interfere with individual and organizational productivity in a broad way.

Loss of good will: When there is sexual harassment in an organization, employees may discuss it in public; there may be publicity associated with hearings, settlements, etc. These things can contribute to negative attitudes, recruiting problems, and a negative perception of the organization by suppliers, affiliates, customers, and Taxpayers.

Human costs: These are the costs to society of productive and talented employees that are stifled, immobilized, or incapacitated because of sexual harassment. NEXT PAGE

Dealing with Sexual Harassment This lesson will give you an opportunity to identify potential sexual harassment situations and determine ways to prevent such situations from occurring in the workplace. Please note that the situations presented in this lesson contain language that you may find offensive. Select the case study you would like to explore first by clicking on the menu button.

The Non-Employee

This for That

Iâ&#x20AC;&#x2122;ve Got Mail

Dealing with Sexual Harassment: The Non-Employee

A female repairperson, Desiree, is frequently called to service the copy machine. The key operator, John, has been subjected to overt sexual advances by Desiree. The last time Desiree was in to service the machine, John was refilling the paper tray and felt her brush up against him. Although he finds her attractive, he’s unsure of how to handle the unwanted attention.

Conversation: Supervisor – “Hey, John. I noticed you and the copy machine repair person in here the other day. Was she coming on to you?” John (employee) – “I'm not sure what's up. Desiree's attractive and all, but I have a girlfriend. Besides, I'm not used to being hit on by someone who doesn't even work here!” Supervisor – “Well, this type of behaviour does not belong in the workplace. You need to let Desiree know that you are not interested. If the behaviour continues I will take the appropriate steps to make sure it does not happen again.” NEXT PAGE

Dealing with Sexual Harassment: This for That A new position has been created within a State workplace or office and a female employee,

Brooke, is up for promotion to that position. Brooke’s supervisor, Owen, will make the final decision as to who should receive the promotion. Brooke has always known that Owen has had a “crush” on her. However, it wasn’t until recently that Brooke realized that Owen’s feelings for her were more than a crush. For he past month, Owen has invited Brooke out for a drink after work. Brooke has politely refused the invitations and even mentioned that she was engaged and did not feel comfortable accepting. Brooke noticed that Owen’s invitations were more frequent and persistent after he received a notice from personnel that he had the approval to fill the position The next day, Owen calls Brooke into his Office

Conversation Owen – “Brooke, it is Friday and you have worked hard all week, how about you and I going out for a drink after work?” Brooke – “No, thank you, I have plans with my fiancé, Joe.” Owen (jokingly) – “Oh, come on, you'll have a good time. You know if you're not nice to me, I'll have to remember that when we interview for your promotion (Owen laughs.)”

On Monday morning Brooke is walking by the conference room and overhears Owen talking to the Director of Personnel. Owen is informing the director that he is having second thoughts about Brooke being the most qualified person for the upcoming promotion. That afternoon when she enters Owen’s office to clarify a work assignment, he snaps at her, stating that he is busy and she will have to take care of the problem herself. Brooke is clearly upset and goes home sick. NEXT PAGE

Dealing with Sexual Harassment: I Got Mail An employee, Marilyn, is sitting at a workstation reading an email message. As she reads the message a feeling of disgust comes over her. She has received similar messages over the past few months and on several occasions has gone to her supervisor to discuss the inappropriate emails. The electronic messages include offensive jokes and other unwanted messages. Today, it happens to be a suggestive note from someone she used to date. As always, the supervisor laughs off the jokes and dismisses the love note as harmless. After all, “It’s just someone trying to win you back.” Feeling like she is making too much of the situation, Marilyn decides not to open mail from certain senders. Later in the day, she learns she has mistakenly deleted a message containing information critical to a project she’s working on and starts to cry

Conversation: Marilyn – “As you know, I rely on email to do my job. But when I open my email, I find a lot of messages from people in the office that contain offensive jokes or personal notes about me. They make me very uneasy.” Supervisor – “Everyone gets email jokes! And I'd think you would be flattered by all the attention you get from your male coworkers!” Question 1 When dealing with issues of sexual harassment there are often no clear-cut right or wrong answers. Select the best response by clicking on the radio button next to it. 1. How would you assess this situation? A.

No big deal. Deleted files can be restored

The “ex” is harassing her by sending suggestive e-mails

The supervisor should be disciplined for allowing the behaviour to continue

Dealing with Sexual Harassment I got mail Question 1 Feedback

1. How would you assess this situation? YOUR SELECTION

POSSIBLE SOLUTIONS

FEEDBACK

No big deal. Deleted files It is true that deleted email files can be restored. However, use of office technology (i.e. email, Internet) can e restored to send or retrieve love letters, requests for dates, sexual jokes, and/or suggestive pictures is prohibited by State and workplace or office policies and can constitute sexual harassment. The supervisor has an obligation to create and maintain a harassment-free work environment, and should intervene immediately. The “ex” is harassing Use of office technology to send or retrieve messages her by sending suggestive such as love letters or requests for dates is inappropriate and is prohibited by State and workplace emails. or office policies. Further, the recipient in this scenario has complained to her supervisor – which indicates she is uncomfortable with the emails. The situation also appears to have interfered with her job performance. The “ex” sending the messages may be guilty of sexual harassment. The supervisor has an obligation to ensure a non-hostile work environment. Failing to do so may result in disciplinary action. The supervisor should be disciplined for allowing the behaviour to continue.

Supervisors can be held personally liable if they delay or fail to take action in situations where a complaint is made to them and/or when they see or hear about behaviour that is or could be offensive. They can be held liable if they engage in behaviour that is sexually harassing. They are also exposing the employer to vicarious liability when they fail or refuse to act, or act inappropriately. In this scenario, the supervisor should have recognized the email issue as inappropriate workplace behaviour – and taken prompt action to resolve the situation. The supervisor may indeed face disciplinary action.

The best answer for this question is choice C NEXT PAGE

Dealing with Sexual Harassment I got mail Question 2

When dealing with issues of sexual harassment there are often no clear-cut right or wrong answers. Select the best response by clicking on the radio button next to it. What can you do to prevent this situation from happening again? A.

B. C.

Monitor computer usage to discourage inappropriate behaviour.

Provide sexual harassment prevention training with emphasis on the appropriate use of office technology.

Be more proactive in monitoring the work environment.

Dealing with Sexual Harassment I got mail Question 2 - Feedback 2. What can you do to prevent this situation from happening again? YOUR SELECTION

POSSIBLE SOLUTIONS

FEEDBACK

Monitor computer usage While employers may choose to monitor computer usage, there is no guarantee this strategy will prevent to discourage inappropriate behaviour. future occurrences.

Reiterating the workplace or office’s “use of technology statement” along with reminding everyone of their responsibilities to create and maintain a harassmentfree work environment should be considered as well Provide sexual harassment prevention training with emphasis on the appropriate use of office technology.

Training is an excellent way to ensure that all employees receive the same message with respect to the issue(s) at hand. Policies should be reviewed and revised as appropriate prior to scheduling training sessions. Training should emphasize key areas of the policy including prohibited behaviours, avenues of redress, and consequences for violation of policy.

Be more proactive in monitoring the work environment.

Everyone has a responsibility to create and maintain an environment free from harassment. Supervisors should definitely be more proactive in monitoring the work environment. If someone witnesses a behaviour that is, or could be offensive, it should be addressed promptly – even if no one complains.

The best answer for this question is choice C

Dealing with Sexual Harassment I got mail Conclusion

Ÿ Appropriate use of office technology should be addressed in the workplace or office’s sexual harassment Ÿ Unwanted visual displays and written messages can constitute sexual harassment when they are sexual in nature and serious or pervasive enough to interfere with a person’s job performance. Ÿ A hostile environment must be evaluated from the perspective of a reasonable person - not stereotypical ideas of acceptable behaviour. NEXT PAGE

Supervisory Issues This lesson consists of three distinct topics. We recommend that you complete them in the order in which they are listed, starting with Supervisory Responsibility Management, including supervisors, can be held responsible for sexual harassment in instances where they that inappropriate behaviour was taking place, but failed to take action. This topic helps you understand your responsibilities as a supervisor. Supervisory Liability This topic provides guidance about circumstances in which supervisors may be held liable with regard to sexual harassment. Bringing Closure This topic guides you through some of the steps that can be taken to bring closure to all suspected, alleged, or resolved sexual harassment incidents, regardless of the outcome. It is strongly recommend that you check your workplace, office or company policy for specific information regarding such issues as complaint procedures and disciplinary measures. NEXT PAGE

Supervisor Responsibility Supervisors can follow six steps to eliminate existing sexual harassment and set the stage for preventing it in the future: 1. Know your specific departmentâ&#x20AC;&#x2122;s sexual harassment policy. 2. Be a role model for your staff. 3. Identify potential problems and address them promptly. 4. Create an open door policy where people feel comfortable confiding in you. 5. Maintain confidentiality to the extent possible. 6. Take action on all complaints even if recipient asks you not to. NEXT PAGE

SUGGESTED POLICY STATEMENT ON SEXUAL HARASSMENT IN THE WORKPLACE

Sexual harassment in the workplace is not merely offensive but is a form of discrimination in violation of Labour law; and every employee is entitled to a working environment free from sexual harassment and its deleterious economic, psychological and physical effects; the cost to the company is considerable in both human and financial terms including the replacement of personnel who leave their jobs, increased use of health benefit plans due to emotional and physical stress, absenteeism, and decline in individual and workgroup productivity; The head of each department, workplace or office, board, commission or other entity under the jurisdiction of the Executive shall: 1. Issue a strong management policy statement defining and prohibiting sexual harassment in the workplace. The policy statement should inform employees of their rights of redress, and the availability of complaint resolution channels and assistance with incidents or sexual harassment. The policy statement should make clear that sexual harassment is considered a form of employee misconduct and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behaviour to continue. 2. Widely distribute the policy statement by providing it to all employees, including it in new employee orientation, and publicizing it in internal employee publications. 3. Conduct appropriate training to instruct and sensitise all employees. 4. Develop guidelines to ensure the swift and thorough investigation of allegations and complaints of sexual harassment and because of the sensitivity of the issue, particular efforts should be made to conduct investigations with due regard for confidentiality to ensure protection of the complainant and the accused. Although the intent is to address and resolve these matters at the workplace, victims should be informed of the various administrative and legal remedies available. The complaint procedure should provide for subsequent review to determine if the sexual harassment has been effectively stopped. As used in this policy, unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature will constitute sexual harassment when: 1. Submission to the conduct is either explicitly or implicitly a term or condition of an individuals employment; or 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3. The conduct has the purpose or effect of unreasonably interfering with an affected personâ&#x20AC;&#x2122;s work performance, or creating an intimidating, hostile, or offensive work environment. NEXT PAGE

Supervisory Responsibility Exercise 1 Select True or False Supervisors are responsible for:

TRUE

FALSE

1. The actions of employees and non employees, if they knew or should have known of the problem. 2. Ensuring that employees are aware of the organization's policies on sexual harassment. 3.

Attending mandated training.

4. Being aware of the atmosphere in which work gets done, and how people relate to each other, to determine if these factors could contribute to sexual harassment. 5. Timely responses to investigation of complaints. 6. Modeling acceptable behaviour. 7. Ensuring that they set a good example and are sensitive to and respectful of others. NEXT PAGE

Supervisory Responsibility Exercise 1

Feedback In this activity, all the statements were true. In deciding sexual harassment cases, the courts look at all circumstances on a case-by-case basis. Management, including supervisors, can be held responsible for sexual harassment in instances where they

that inappropriate behaviour was taking

place, but failed to take action.

Supervisors are responsible for: Ÿ the actions of employees and non employees, if they knew or should have known of the problem. Ÿ ensuring that employees are aware of the organization's policies on sexual harassment. Ÿ attending mandated training. Ÿ being aware of the atmosphere in which work gets done, and how people relate to each other, to determine if these factors could contribute to sexual harassment. Ÿ timely responses to investigation of complaints. Ÿ modelling acceptable behaviour. Ÿ ensuring that they set a good example and are sensitive to and respectful of others. NEXT PAGE

Supervisor Liability Supervisors may be held liable in the following circumstances with regard to sexual harassment: Ÿ Ÿ Ÿ Ÿ Ÿ Ÿ

when a complaint is made to them. when they see or hear about behaviour that be offensive. when they see or hear about behaviour they is sexual harassment. when they engage in behaviour that is sexually harassing. when they delay in taking action. when they fail to take action.

Be aware of the following: Ÿ The more severe the behaviour is, the fewer times it needs to be repeated before it is considered sexual Ÿ The more severe the behaviour is, the less responsibility the receiver has to speak up. Ÿ Supervisors may be held personally liable for acts of harassment they commit against another individual. It is your responsibility to take action if you know, or should have known, about questionable behaviour in your workplace - even if an employee does not complain to you about sexual harassment. Remember, if an employee does not complain to you about sexual harassment, but you knew or should have known it was occurring, it is still your responsibility to take action. If you become aware of questionable behaviour, Ÿ Take immediate and corrective action. Ÿ Document action taken. Ÿ Communicate actions taken to the affected employee and explain what he or she should do if the problem should occur again. Ÿ Maintain confidentiality to the extent possible; information about the incident should be shared on a need to know basis. Bringing Closure Closure must be brought to all suspected, alleged, or resolved sexual harassment incidents, regardless of the outcome. As you read the following situation, consider the following questions: Ÿ What steps can you, as a supervisor, take to begin the healing process after a claim of sexual harassment? Ÿ Regardless of how far an incident progressed, the workplace is affected. What can you do to re-establish some sense of normalcy? Ÿ Sometimes claimants and alleged harassers must continue to work together after an incident. Is there anything you can do to initiate dialog between the involved parties? Ÿ What additional steps can supervisors take to create and maintain an environment free from hostility?

Bringing Closure There was recently an incident in your office concerning two subordinates. The issue at hand involved unwanted, repeated requests for dates, lunch meetings, touching (shoulder rubs), verbal innuendoes (you really look like you need to relax). The recipient confided in you about the incidents but asked you not to do anything. Talking about it made the person feel better. As a supervisor, you felt you had to address the issue with the alleged harasser. The person in question admitted the behaviour, stated that it was never intended to cause discomfort, and would stay away from the complainant. You would like to bring closure to the incident so you have asked the complainant to meet with you to discuss how things are going. NEXT PAGE

Bringing Closure

You have considered each of the following questions while reading the situation. Type your answer in the space provided. When you are done, go to the next page. 1. What steps can you, as a supervisor, take to begin the healing process after a claim of sexual harassment?

2. Regardless of how far an incident progressed, the workplace is affected. What can you do to reestablish some sense of normalcy?

3. Sometimes claimants and alleged harassers must continue to work together after an incident. Is there anything you can do to initiate dialog between the involved parties?

4. What additional steps can supervisors take to create and maintain an environment free from hostility?

Bringing Closure Question 1 Feedback: What steps can you,

as a

supervisor, take to begin the healing process after a claim of sexual harassment? Talk with all affected parties. Separate conversations are advised (complainant, harasser, coworkers). This can serve as a good forum to assess the current climate. Things you can say:

Question 2 Feedback: Regardless of how far an incident progressed, the workplace is affected. What can you do to reestablish some sense of normalcy? Open the lines of communication with your staff. Try to bring closure to the incident by assessing feelings, addressing rumours, reviewing workplace or office policy, disciplinary proceedings, etc., as relevant. Ask the complainant(s) if they feel they were treated fairly during the complaint process. Regardless of the outcome, ask questions like:

Question 3 Feedback: Sometimes claimants and alleged harassers must continue to work together after an incident. Is there anything you can do to initiate dialog between the involved parties? Be sensitive to the emotions of all involved parties: you may see defensiveness, anger, embarrassment, taking sides, etc. Try to clear the air and assess everyone's true feelings about what happened. Ask involved parties if they are willing to attend a meeting to begin to clear the air.

Question 4 Feedback: What additional steps can supervisors take to create and maintain an environment free from hostility? Maintain open lines of communication so everyone is aware of policy, unacceptable behaviour, expectations, etc. Be aware of the culture and climate of your unit - if something seems awkward or tense, check it out.

Congratulations on completing the online Sexual Harassment Prevention training for Supervisors. We hope that this course has increased your awareness and provided you with the skills and motivation needed to address the issues of sexual harassment.