who would do that? preventing sexual ...state sexual harassment laws • ca ab 76 makes employers...

W H O W O U L D D O T H A T ? P R E V E N T I N G S E X U A L H A R A S S M E N T I N T H E W O R K P L A C E

Presented by:

Ruth Baylis, Mercer PeopleProKathleen Huggins, Mercer PeoplePro

© MERCER 2017 1

© MERCER 2017 2

H O U S E K E E P I N G

© MERCER 2017 3

The use of this seal confirms that this activity has met HR Certification Institute's® (HRCI®) criteria for recertification credit pre-approval. Recertification Credit Hours Awarded: 1 Specified Credit Hours: HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™, SPHRi™ recertification through HR Certification Institute's® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org. Recertification Credit Hours Awarded: 1 Specified Credit Hours: HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™, SPHRi™ recertification through HR Certification Institute's® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.

Be watching using YOUR

unique URL for login

Stay on the webinar, online for the full 60

minutes.

Certificates delivered by

email no later

HOUSEKEEPING

than 11/24/17

© MERCER 2017 4Options, approvals

T O D A Y ’ S F E A T U R E D S P E A K E R S

Prior to this role, Amit was a Health and Benefits consultant , helping clients on various topics such as the Affordable Care Act (ACA) Regulations, annual market trends and benefit strategies.

Amit Loungani

Mercer PeopleProPRO Consultant

Ruth Baylis has 20+ years in HR, on the client side of the business. She has experience in Financial Services, Healthcare, Tech startups and Environmental non-profits. Her specialties lie in the Talent Acquisition/Management and Business Partner space.

Ruth holds a BA in Sociology from the University of Massachusetts and a MS in Industrial & Labor Relations from the University of New Haven.

A 20-year veteran, Tonushree Mondal has worked across the Consumer, Technology, Financial Services, Education, Oil and Gas industries, for global clients, in country and in field operations throughout the world.

Kathleen has 20+ years in HR management and consulting, proceeded by several years in Finance. Her experience includes a consulting role for one of the ”Big 4”, as well as HR leadership roles in corporate settings that included financial services, energy, durable and non-durable goods manufacturing. She holds a BA in Business from Washington State University, along with an MBA with a double major in HR and Finance, as well as SPHR, CEBS and CCP designations..

Kathleen has 20+ years in HR management and consulting, proceeded by several years in Finance. Her experience includes a consulting role for one of the ”Big 4”, as well as HR leadership roles in corporate settings that included financial services, energy, durable and non-durable goods manufacturing.

She holds a BA in Business from Washington State University, along with an MBA with a double major in HR and Finance, as well as SPHR, CEBS and CCP designations.

Mercer PeopleProPRO Consultant

© MERCER 2017 5

T O D A Y ’ S T O P I C S

• Recognizing sexual harassment

• The cost of sexual harassment

• Governing regulations

• Employer responsibility and risk mitigation

• Summary

© MERCER 2017 6© MERCER 2015 6

RECOGNIZING SEXUAL HARASSMENTWHAT IS SEXUAL HARASSMENT?

© MERCER 2017 7Options, approvals

W H A T I S S E X U A L H A R A S S M E N T ?

• Unwelcome sexual advances

o Inappropriate touching

o Repeated requests to date

o Lewd jokes

• Requests for sexual favors• Verbal, visual or physical conduct of a sexual

nature

o Offensive language

o Inappropriate pictures in the work space

© MERCER 2017 8

T Y P E S O F S E X U A L H A R A S S M E N T

Quid Pro Quo

• A Latin phrase meaning “this for that”• Explicit or implicit demands for sexual favors

in exchange for some benefit to the employee

o Promotion

o Pay increase

o Avoid discipline

o Prevent termination

© MERCER 2017 9

Q U I D P R O Q U O S E X U A L H A R A S S M E N T

• Only applies when perpetrated by a person in a posit ion of superiority toward a subordinate; and

• The employer is always l iable if the action involves an employment decision

• Examples:

o A supervisor coerces a co-worker into sleeping with her with the promise of a promotion or pay raise; or

o A supervisor takes disciplinary action or denies a promotion to an employee because he or she rejected sexual advance from the supervisor

© MERCER 2017 10

T Y P E S O F S E X U A L H A R A S S M E N T

Hosti le Environment

• Conduct so severe or pervasive that it creates an int imidating, offensive, threatening or humiliat ing work environment

• Creates an int imidating, offensive, threatening or humiliat ing work environment

• May cause a situation where an individual’s psychological well-being is adversely affected

• It can be verbal, physical or visual

© MERCER 2017 11

H O S T I L E E N V I R O N M E N T

Examples:

• Offensive or sexually suggestive pictures in the workplace

• Conversation or joking of a sexual nature that can be overheard by part ies not involved in the direct conversation

• Assuming a posture that traps someone so they can’t get away

• Using sexual terms to describe someone, either directly or indirectly

© MERCER 2017 12© MERCER 2015 12

COSTS OF SEXUAL HARASSMENTFINANCIAL AND NON-FINANCIAL IMPACTS

© MERCER 2017 13

F I N A N C I A L C O S T S O F S E X U A L H A R A S S M E N T

• Harassment lawsuits

o Employees win 50% of the t ime

o Even if the employer is not found guilty, there are legal fees

o The average cost to the employer for defending the lawsuit is reported to be $250,000

• Individual perpetrators may be l iable for monetary damages in addit ion to company damages

© MERCER 2017 14

F I N A N C I A L C O S T S O F S E X U A L H A R A S S M E N T

• In 2016 there were 12,860 complaints of

sexual harassment f i led with the EEOC

• 16.6% of them were f i led by males

• $40.7 mil l ion

awarded to vict ims

© MERCER 2017 15

E Q U A L E M P L O Y M E N T O P P O R T U N I T Y C O M M I S S I O N ( E E O C )

The EEOC enforces Tit le VII and any employee who

feels he or she is the vict im of discrimination has

the right to f i le a formal complaint with the EEOC

EEOC Cases

• Mitsubishi: $34 million

• Chipotle: $8 million

• CRST: $2 million

• New Breed Logistics: $1.5 million

© MERCER 2017 16

R E C E N T H I G H - P R O F I L E C A S E S

• Uber is investigating claims by a female

engineer that her supervisor harassed her -

CEO is being replaced

• 250 women have f i led against Sterl ing Jewelers

• Fox News – high payouts and high profi le

departures

• Stimilt Growers – sued by EEOC for retaliat ion

following sexual harassment claim

© MERCER 2017 17

I M P A C T S O N V I C T I M S

Some vict ims fear to report harassment for a

variety of reasons

• Fear of retaliat ion

• Afraid of not being believed

• Hope that the behavior wil l stop

• Embarrassed to report i t

• Loyalty to a supervisor or peer

• Fear of being alienated by others

© MERCER 2017 18

C O S T S T O V I C T I M S

Lasting impacts on vict ims

• Physical and emotional health issues

• Poor work performance

• Increased absences

• Feel a need to leave the

company

These all have a bottom-line

impact on your business

© MERCER 2017 19© MERCER 2015 19

GOVERNING REGULATIONSFEDERAL AND STATE REQUIREMENTS

© MERCER 2017 20

G O V E R N I N G R E G U L A T I O N S

• Federal laws prohibit harassment, discrimination and retaliat ion

• Equal Pay Act of 1963

• Title VII of the Civil Rights Act of 1964

• Pregnancy Discrimination Act (amended)

• Lily Ledbetter Fair Pay Act of 2009

• Age Discrimination in Employment Act of 1967

• Americans with Disabil i t ies Act of 1990• The Genetic Information Nondiscrimination Act

of 2008

© MERCER 2017 21

T I T L E V I I O F T H E C I V I L R I G H T S A C T

• Tit le VII of the Civil Rights Act of 1964 prohibits

discrimination based on:

o Race

o Color

o Religion

o National origin

o Gender/sex

• Primary Federal regulation governing sexual

harassment

© MERCER 2017 22

S TAT E S E X U A L H A R A S S M E N T L A W S

• CA AB 76 makes employers l iable for any sexual harassment encountered by their employees in the workplace

o This includes treatment by customers and vendors

• CA AB 1825 requires California employers with 50 or more employees to provide supervisors at least two hours of sexual harassment training every two years

© MERCER 2017 23

S TAT E P R O T E C T I O N

• The California Fair Employment and Housing Commission prohibits:

o Harassment based on sex or of a sexual nature

o Gender harassment

o Harassment based on pregnancy, childbirth, or related medical condit ion

• Includes many forms of offensive behavior, including harassment of a person of the same gender as the perpetrator

© MERCER 2017 24

N E W C A L I F O R N I A R E G U L AT I O N

• CA AB 887 has redefined “Gender” to include:

o Gender Identity - how an individual gender identif ies regardless of biological characteristics

o Gender Expression - how a person presents his or her gender through appearance and behavior regardless of assigned sex at birth

• Employers must allow employees to dress consistently with the employee’s gender identity and gender expression

© MERCER 2017 25© MERCER 2015 25

EMPLOYER RESPONSIBIL ITYMITIGATING RISK

© MERCER 2017 26

R E S P O N D I N G T O C O M P L A I N T S

• Respond immediately

• Take the complaint seriously

• Assess the complaint fair ly and impart ial ly

• Don’t promise conf idential i ty

• Be support ive and try to put the vict im at ease

• Show empathy and respect

• Get as much specif ic information as possible• Document the conversat ion

• Assure the employee there wi l l be no retal iat ion

© MERCER 2017 27

S T E P S F O L L O W I N G A C O M P L A I N T

All complaints must be taken seriously, but not every complaint requires a ful l -scale invest igat ion

• Determine whether the incident requires invest igat ion

• Is there a simple answer or is i t a complex issue?

• Does i t involve just one employee, or are others affected?

• Is there a pattern of inappropriate behavior, or was i t a single incident?

• Was the employee able to provide enough detai ls for you to determine a resolut ion?

© MERCER 2017 28

E M P L O Y E E A N D C O M P A N Y R E S P O N S I B I L I T Y

Have zero tolerance for harassment and discr imination - i f you see something, say something

• If you are not certain that what you witnessed is abusive conduct, br ing i t to someone’s attent ion

o Speak with the perpetrator

o Share the information with a supervisor

o Let HR know there may be a problem

Human Resources must take harassment complaints seriously and conduct an invest igat ion

© MERCER 2017 29

W H E N T O I N V E S T I G AT E

• The employer knows or should know of violations

• An employee or the employee’s supervisor raises a concern to someone in authority while at the same time stating that they are not complaining

• In response to noted changes in the workplace such as decreased morale, productivity or attendance

© MERCER 2017 30

W H E N T O I N V E S T I G AT E , C O N T I N U E D

• When the employer suspects there is any kind

of misconduct

• An administrative agency begins to inquire into

the condit ions in the workplace

• A notice is received from the EEOC

• A notice of a lawsuit is received

© MERCER 2017 31

• Perpetrator acknowledgement

• Administrat ive leave

• No discussion with the vict im

• Perpetrator training

• Fol low up

D I S C I P L I N I N G P E R P E T R AT O R S

© MERCER 2017 32

D I S C I P L I N I N G P E R P E T R A T O R S , C O N T I N U E D

• Don’t discuss the detai ls of the discipl inary act ion with the vict im

• Do assure the vict im that act ion has been taken

• Let the vict im know that any repeat of the offense wi l l result in discipl ine that is more severe

• If the perpetrator supervises the vict im, consider whether the report ing relat ionship wi l l remain

o I f this course of act ion is fol lowed, ensure i t is not, or not perceived as, retal iat ion toward the vict im

© MERCER 2017 33

R E TA L I AT I O N

Retal iat ion is any adverse act ion taken against an employee because he or she complained of harassment or discr iminat ion

• Retal iat ion is prohibi ted by ant i -discr iminat ion laws

• In the event there is retal iat ion against the vict im, the vict im may f i le a charge of retal iat ion

• Adverse act ion may include demotion, discipl ine, terminat ion, salary reduct ion, a negative performance review, a change in job dut ies or shif t

© MERCER 2017 34

T R A I N I N G

A valid defense requires the employer show they have provided periodic training to supervisors

• If no tangible negative employment action, the employer may raise an aff irmative defense by proving

o I t exercises reasonable care and promptly corrects the harassment; and

o The employee unreasonably fai led to report the harassment or otherwise avoid harm

© MERCER 2017 35

M I N I M I Z E L E G A L E X P O S U R E

Proactive steps

• Have a written policy

• Define and communicate clear

complaint procedures

• Require periodic manager training

• Train all employees to ensure they understand

their r ights and responsibil i t ies

• Have zero tolerance for retaliat ion

© MERCER 2017 36

M I N I M I Z E L E G A L E X P O S U R E , C O N T I N U E D

Responding to an incident

• Fair treatment

• Timely response

• Maintain confidential i ty

• Investigate

• Respect the vict im

• Make judgments based on facts

© MERCER 2017 37

S U M M A R Y

• Sexual harassment is a crime

• Have a clear policy and ensure that managers and employees are famil iar with their r ights and responsibil i t ies

• Training is crit ical, and in some cases, legally required

• Let managers and employees know that sexual harassment wil l not be tolerated

• Be available to respond to any reports of sexual harassment and take appropriate action

© MERCER 2017 38

A P P LY I N G W H AT Y O U ’ V E L E A R N E D

• Be alert and monitor your workplace for offensive behavior, signs, conversations and written materials

• Don’t ignore problems - investigate suspicious behavior and hosti le interactions

• Be available and accessible – let your employees know you welcome their concerns

• Immediately intervene when you witness harassment or discrimination

• Fix the problem, discipline offenders, and protect vict ims

© MERCER 2017 39

QUESTIONS

Enter all questions into the “Questions” section of the

GoToWebinar panel on your computer screen

Special OfferReceive 2 hours free by signing up at https://mercerpeoplepro.com applied to any project (minimum project of 4 hours).

© MERCER 2017 40

The use of this seal confirms that this activity has met HR Certification Institute's® (HRCI®) criteria for recertification credit pre-approval. Recertification Credit Hours Awarded: 1 Specified Credit Hours: HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™, SPHRi™ recertification through HR Certification Institute's® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org. Recertification Credit Hours Awarded: 1 Specified Credit Hours: HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™, SPHRi™ recertification through HR Certification Institute's® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.

Be watching using YOUR

unique URL for login

Stay on the webinar, online for the full 60

minutes.

Certificates delivered by

email no later

HOUSEKEEPING

than 11/24/17

© MERCER 2017 41

W H O I S M E R C E R P E O P L E P R O ?

Mercer PeoplePro is the most powerful and affordable virtualmarketplace for HR consulting and solutions. Designed to bringMercer’s trusted brand and expertise to the small business segment,Mercer PeoplePro will power the HR engine needed by companies togrow fast, and attract and retain the best talent.

We can help you with preventing sexual harassment: policydevelopment, communication, or conducting training modules –anything you need!

MERCER PEOPLEPROTM

© MERCER 2017 42

Ascentis HRIS:• Branded portal• ACA-compliant• Over 300 standard reports

Ascentis Talent Management• Mobile interface• No training required• Easily identify top employees• Employees can rate themselves

ASCENTIS SOLUTIONS

© MERCER 2017 43

ASCENTIS WEBINARS• Free live webinars monthly• Free HRCI, SHRM, and APA credits• All webinars recorded and posted to

website for free.

UPCOMING WEBINARS• Nov. 2, 2017: Succession Planning:

Retaining and Developing Your Best Talent

• Nov. 14, 2017: Let’s Talk About Sex and Gender

© MERCER 2017 44

CONTACT US

•Webinar Questions webinars@ascentis.com

Ascentis Questions sdt@ascentis.com 800.229.2713

www.ascentis.com

© MERCER 2017 45