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    Final Team Project:

    Problem Analysis, Implementation, and Evaluation

    Team B:

    Robin Faulk

    Habib Fayiz

    Stephen Killingham

    Aleacia Meredith

    Chenista Straubel

    MGT/350

    Edward Robinson

    November 17, 2004

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    Abstract

    The General Duty Clause found in Section 5(a)(1) of the Occupational Safety

    and Health Act states:

    Each employer shall furnish to each of its employees employment, a place of

    employment which are free from recognized hazards that are causing or are likely to

    cause death or serious physical harm to its employees.

    Efforts to reduce workplace violence representative of hostile work environments

    as defined by, but not limited to sexual harassment, homicide, threats, etc. can include

    1) pre-employment screening, 2) zero tolerance for threats, 3) fair grievance

    procedures, 4) mental health resources (counseling), 4) termination procedures, 5)

    workplace violence training, and 6) physical security.

    A 1998 special report issued by the Bureau of Justice Statistics identified seven

    occupational fields that experience the highest number of workplace violence: Retail,

    Law Enforcement, Teaching, Medical, Mental Health, Transportation, and Private

    Security. Between 1992 and 1996, in excess of 2 million workers reported work place

    violence and 40 percent of those individuals reporting nonfatal incidents knew their

    offenders and women are more likely than men to experience workplace violence.

    In response to these issues, companies can assess their vulnerability to

    workplace violence claims by objectively reviewing their physical facilities, instruct key

    personnel in risk recognition and scenario preparation for crises management, and by

    including proper guidance in litigation avoidance.

    This paper discusses a particular type of workplace violence that is indicative of a

    hostile environment, sexual harassment. We provide the following:

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    A brief review and description of the problem by framing the problem and three

    alternative solutions,

    Evaluation of the alternatives by utilizing standard tools and techniques including

    ethical implications,

    Implementation plan including an evaluation of resources, a resistance management

    plan, and an anticipated timeline, and

    An evaluation of the success of the solution which answers the following questions

    and defends our position:

    o Criteria: How we know we have made the best possible decision?

    o Tools and techniques we use to evaluate the outcome(s)?

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    Final Team Project:

    Problem Analysis, Implementation, and Evaluation

    Description of the Problem

    Sexual harassment is misconduct based on sex, whether directed towards a

    person of the same or opposite sex. Unwelcome sexual advances, requests for sexual

    favors, and other physical, verbal, or visual conduct based on sex constitute sexual

    harassment when:

    Submission to the conduct is an explicit or implicit term or condition of employment

    Submission to or rejection of the conduct is used as the basis for an employment

    decision, or

    The conduct has the purpose or effect of unreasonably interfering with an

    individuals work performance or creating an intimidating, hostile, or offensive

    working environment.

    Sexual harassment knows no gender: Men can sexually harass women, and women

    can sexually harass men.

    The Federal Equal Employment Opportunity Commission reported a more than

    fifty percent increase in the number of sexual harassment charges filed with federal and

    state agencies during 1992. Some people have suggested that the Anita Hill-Clarence

    Thomas hearings raised the consciousness of female workers, and that the expanded

    remedies now available to harassment plaintiffs under the Civil Rights Act of 1991 are

    an incentive to bring such claims to the surface. Such a dramatic increase in the

    number of agency filings, underscores the need for employers to implement policies and

    procedures for timely and effective investigation of all sexual harassment complaints.

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    The investigation stage is crucial because the results of the investigation will determine

    whether remedial action is warranted. If remedial action is warranted, the facts gleaned

    from the investigation will form the basis of the company's decision as to what action(s)

    is appropriate.

    In order to take the appropriate action, there are several factors that must be

    considered:

    The severity, frequency and pervasiveness of the conduct;

    Prior complaints made by the complaining employee;

    Prior complaints made against the accused employee; and

    The quality of the evidence (first hand knowledge, rumor, credible corroboration,

    etc.) to support whatever action is taken.

    Frame Alternatives

    All instances and accusations reported of sexual harassment should be

    investigated by highly trained and qualified staff educated in the investigative process

    and also familiar with the rights and obligations of both the employer and employee.

    This matter must be taken seriously consistently.

    In the event that the investigation is inconclusive or it is determined that there

    has been no harassment in violation of company policy, but the investigation reveals

    some potentially problematic conduct, some preventative action should be taken. At a

    minimum, the accused and the accuser should be reminded of the company's policy

    against harassment and counseled about avoiding potential problems in the future.

    Disciplinary measures should be proportional to the seriousness of the offense.

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    We discuss preventive measures first because we feel that prevention is the best

    form of relief an employer can provide. Preventative measures include training,

    counseling, and workplace monitoring. Disciplinary actions may include oral and written

    reprimands, suspension, and termination.

    Training

    Training provides the employees with the required knowledge for future

    prevention of such cases. Training programs can include the extent of the companys

    sexual harassment policy, and information regarding violation of policy, policy

    implementation or dissemination, key personnel, supervisor responsibility, employee

    responsibility, complaint submission, confidentiality, program-related meetings,

    conducting program meetings, agreement of participation, non-English speaking

    employees, and program recommendations for improvement.

    Referral to Counseling

    It is important when defending corporate policies that the proper timing is

    executed in the intervention of potential problem areas. The purpose of the counseling

    is to assist the employees in developing greater self-understanding of issues that may

    interfere with their ability to function in an optimal manner. All counseling is confidential.

    Counseling sessions can be on sight services offered by the organization or employers

    may refer employees outside entities.

    Monitoring

    Monitoring employee activities provides some level of assurance that all rules

    and regulations are followed in accordance of the companys sexual harassment policy.

    Monitoring can be done in a variety of methods:

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    Observation including video surveillance and computer monitoring; and

    Telephone monitoring including recording calls and eavesdropping.

    Oral or Written Reprimand

    A written warning may be warranted without a record of prior offense. When a

    written warning is called for, it should be precededby an interview similar to the oral

    reprimand, differing only in that the employee is told at the conclusion of the interview

    that a written warning is to be issued. The interview should address the condition or

    behavior. The written warning willinclude a statement of the reason for the discipline,

    consequences of continued infraction, any commitment on the employees part to

    correct their behavior, a timelinefor their actions, and any follow-up actions to be taken.

    The employee should acknowledge receipt of the warning by his or her signature, even

    though the signature does not imply agreement. A copy of the written notice should be

    placed in the employees personnel file in the Human Resources office. The employee

    shall have the opportunity to provide a written response to the written notice.

    Suspension

    Suspension is an action which places an employee, for disciplinary reasons, in a

    temporary status of no duties and no pay. A suspension, regardless of duration, is an

    adverse action and considered a severe disciplinary action. Ordinarily, it is the final step

    in the disciplinary process before removal action and is accompanied by a warning to

    the employee that a further violation of rules could result in removal. A suspension

    prevents an employee from performing work and denies salary for the suspension

    period. Therefore, a suspension is not normally imposed for indebtedness or for

    performance-related factors in non-disciplinary situations.

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    Evaluation of the Alternatives

    Training

    The U. S. Supreme Court has ruled that companies that provide legal training for

    their managers will not be liable for punitive damages

    (http://www.fairmeasures.com/training.html ).

    Every employer should have a policy in place to deal with sexual harassment. An

    environment free from sexual harassment is a condition of employment, and so it is the

    duty of the employer to provide it. Under the Employment Equity Act, the employer may

    be liable if they were aware of the sexual harassment and failed to take action.

    The employer should place notices throughout the premises, which detail the

    company's commitment to preventing the occurrence of sexual harassment. A company

    policy on sexual harassment should set out what the company considers to be the main

    types of sexual harassment and the penalties that relate to it. For example, sexual

    harassment could be listed as gross misconduct in the disciplinary policy, which may

    result in summary dismissal.

    Employers need to examine why the problem has occurred in the first place.

    Perhaps if the company had an effective approach to dealing with sexual harassment

    then the problem would never have happened.

    Is the company harassment policy clear enough?

    Has it been communicated to all employees?

    Is the policy enforced consistently?

    In the large percentage of cases, the alleged harasser is not aware that their

    behaviors are offensive or unwelcome, and the majority of these claims can be settled

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    by an apology and a promise by the harasser to correct his or her behavior. For this

    reason, it is important that all employees are aware of exactly what the company

    defines as sexual harassment. Communication is the key and making sure that all

    people, management policies, procedures, paperwork, and good business practices are

    in place is common sense and just. Presenting the Respect vs. Harassment training

    program is the beginning of a journey that can strengthen a culture of respect within an

    organization. The program is designed not only to prevent sexual harassment, but also

    to prevent the occurrence of other types of disruptive, unwelcome behavior in the

    workplace.

    It is difficult to predict the degree to which disrespectful behaviors interfere with

    the productivity potential of each person. However, the positive effects of treating each

    other with respect are well known:

    Improved quality of teamwork and problem solving.

    Reduced absenteeism and turnover.

    Increased potential for higher productivity and profitability.

    In a diverse workforce, where respect may mean different things to different

    people, new interpersonal skills are necessary to assure that valuing differences fosters

    a culture of respect. The goal of Respect vs. Harassment training is to provide

    employees and managers with the skills and information they need to work together

    respectfully and productively, and to heal work relationships when conflicts do occur.

    For organizations which choose to create a culture of respect, Respect vs.

    Harassment training is essential to assure consistent, high-quality, and timely delivery of

    employee and management programs. With the senior leadership's participation in

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    presenting the Respect vs. Harassment program, they are joining other colleagues who

    know that high performance organizations demonstrate that respect is valued. Senior

    leadership can also make a statement that includes:

    Management takes these issues seriously and that harassment will not be tolerated.

    Emphasis that management personnel are accountable to contact their resource

    person/department any time they have knowledge of actual or potential harassment

    situations.

    Retaliation against those who use the organizations complaint procedure will not be

    tolerated.

    Referral to Counseling

    Several programs that employers offer can assist employees in obtaining mental

    health counseling that can help both the victims and potential oppressors. The intent of

    assistance programs is to provide confidential services when needed before problems

    actually appear. The programs are designed to help employers support employees

    while addressing the needs and duties of the organization to provide a safe and healthy

    environment. Programs help employees seek and receive services and treatment to

    ensure the safety of all personnel and to help employees return to work after a referral

    is made.

    EAPs (Employee Assistance Programs) vary in scope:

    Referral-only Programs. Referral programs provide a contact phone number and

    referral to community resources, self-help programs, substance abuse treatment

    providers, and crisis intervention counseling. These programs rarely include case

    management or financial support.

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    In-house Programs. In-house programs often provide specialized outside

    treatment resources for crisis intervention and assessments. Identification of this need

    for specific individuals usually surfaces during performance reviews or in disciplinary

    proceedings.

    Outside Programs. A common model of employee assistance that provides

    specialized staff and services removed from direct supervision of employers. This is

    commonly the most effective and acceptable form of program for employees and

    employers. Services range from crisis intervention, short-term counseling, and

    assessment. This can include anger management programs as well as change

    management models.

    Consortium Programs. A more comprehensive and cost effective model, these

    programs are usually targeted to a specific industry in a geographical area and are

    offered throughout an organization as a training and informational model.

    Mixed Model Programs. These programs are developed for specific employers

    with multiple worksites and differing needs and resources.

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    Monitoring

    Policies regarding monitoring have been questioned in the courtroom as they

    may appear to be a violation of the Privacy Acts for both employees and for customers.

    The moral and ethical standards of monitoring should be considered as this action may

    help to create symptoms of a hostile work environment indicating a sick corporate

    culture that can turn counter-productive quickly.

    Suspension

    Understanding the legal ramifications of severe punishment in harassment

    problems, employers must appropriately implement corrective actions, but also evaluate

    the degree of their reactions in order to prevent lawsuits as best as possible.

    Another alternative solution to resolving sexual harassment problems, other than

    termination, is suspension and loss of wages or bonus, in contrast to termination.

    Making a good-faith effort to remedy incidents of sexual harassment may minimize an

    organizations legal liability (Segal, J. A., 1997, para. 2) Organizations need to take into

    account if the harassment was a first time or repeated offense. By not implementing the

    harshest form of discipline, which would be termination, an employer is making the

    good-faith effort of administering a slightly lesser punishment of suspension and loss

    of wages or bonus. When companies are not sure whether to discharge, many

    employers opt to suspend. As a practical matter, in close calls, suspensions are

    appealing (Segal, J. A., 1997, para. 42). In addition and according to Legislative &

    Legal Updates, some courts have accepted suspension as one of the appropriate

    actions for organizations to help prevent future harassment issues. An example,

    Suspending an alleged harasser without pay pending an investigation and telling the

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    alleged harasser not to contact the employee (the alleged harasser then resigned).

    Coates v. Sundor Brands, Inc., -- F.3d --, 1998 WL 789169 (11th Cir. Nov. 13, 1998)

    (http://www.npelra.org/legal/tedclak.asp, para. 24). By implementing this technique,

    other employees will most likely be discouraged from displaying any kind of harassing

    behavior.

    Suspension can go on while the investigation is being conducted or even as a

    result of the investigation as a means of corrective action. This type of corrective action

    definitely conveys to all employees that this kind of behavior is not acceptable and will

    be subject to ramifications up to and including termination.

    Decision and Implementation

    Training

    Prevention is the best medicine when it comes to issues related to workplace

    violence and its symptoms of a hostile work environment including sexual harassment

    therefore, we feel that the best solution is training. This decision is based on the

    following critical thinking:

    We believe that educating can be the best start to ending a bad situation from the

    beginning; and, it can also be used as preventive medicine for future reference.

    Evaluation of Resources

    Developing and implementing an effective workplace policy is essential in

    preventing harassment. Education is also important. People have to know there is a

    policy and what it says. The employers position on harassment should be contained in

    a clear policy statement, distributed to all employees, posted on bulletin boards and

    provided to all managers, supervisors and new employees.

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    made. To encourage prevention, also spell out the disciplinary consequences of

    harassment of any employee.

    Guarantee a fair and prompt reaction to anyone with a complaint of

    harassment.

    Resistance Management Plan

    Education is important in preventing sexual and other types of harassment.

    Everyone must know about the policy. Management must educate staff at all levels and

    make them aware of the ongoing commitment to that policy. A sensitive policy also can

    serve to foster an understanding of the true nature of harassment and its destructive

    consequences. Remember, prevention is better than cure, and a policy prohibiting

    harassment can provide the basis for prevention.

    Employers that conduct training usually stop after training of managers and

    supervisors. We recommend that training be conducted for every manager, supervisor

    and employee as to the employers expectations of appropriate behavior and the

    penalties for non-compliance. The thought of employee training is often met with

    resistance from employers who wonder, "Arent we just educating potential plaintiffs?"

    Not necessarily. What we have found after over 15 years of training employees all over

    the country is that employees keep things within the organization when they are taught

    what kinds of activities can be considered to be harassment, how the law defines

    harassment and how they should go about making an internal complaint. When

    employees understand that they have an internal outlet to resolve their concerns, they

    are much less likely to become a "plaintiff" (http://www3.uakron.edu).

    Anticipated Timeline

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    Even the best harassment policy and procedure will not be successful unless

    everyone knows about it. Develop a plan for notifying employees about your policy and

    for training people responsible for implementing it.

    There are many ways for employers to get the word out. What works for one

    employer and audience may not be the most effective approach for others. On the

    cutting edge of dissemination, some larger employers have utilized the "information

    highway" in their endeavor. Policies and procedures can be placed on your

    organizations web page, or you may want to design a specific web page to provide

    information, forms and identify people on-site to whom complaints may be made. This

    can also be a good way to publicize support services for victims of alleged harassment,

    organizations "Help-line," and information on how to file complaints with state and

    federal agencies. Whatever the approach, it should be well-thought-out and maintained.

    In addition to the written word, train employers and supervisors about

    harassment and the procedure for addressing allegations. All employees should receive

    in-service training at least once a year on harassment and your organizations

    procedure.

    Managers and supervisors need training on both the employers expectations of

    appropriate behavior and also what their obligations are when hearing a complaint of

    harassment. It is recommended that training takes about two hours to train

    management and about one hour to train employees. The following is a checklist for

    implementing a harassment prevention plan.

    ActionNo

    InProgress

    To BeImplemented

    DateImplemented

    Publish policy on harassment

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    Include policy in employee handbook

    Include possible disciplinary action inemployee handbook

    Distribute *DFEH Information Sheet to all

    employees

    Include *DFEH Information Sheet in new hireorientation packets

    Display posters in workplace

    Designate two investigative officers

    Post officers names/contact number

    Establish organization process

    Inform employees of process

    Train investigators

    Train managers/supervisors

    Train employees

    *DFEH = DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

    Evaluation

    Prevention is the number one measurement for maintaining a harassment-free

    environment. Knowing the standards used to identify: What is harassment? And how

    investigations resolve allegations is very important in both prevention, and in resolution.

    Training corporate staff about sexual harassment issues is very important, and also

    training the human resource department on how to respond to these claims can set the

    foundation for later perceptions regarding these issues. Documenting the attendance of

    meetings, the distribution of materials and obtaining employee acknowledgement of

    receipt of the training and materials is an essential duty of the organization.

    Criteria

    How we know we have made the best possible decision.

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    Industry indicators reveal that training results in fewer issues and lessens the

    effects of reported issues. Training employees creates awareness to the problem,

    helps employees to understand the issues, reinforces preventive skills, and provides a

    framework to follow in prevention.

    Creating and maintaining harassment policies and procedures helps everyone in

    the company to understand that the company does not condone this type of behavior

    and attempts to educate everyone on how to prevent these types of incidents from

    happening.

    Training is a "good-faith" effort on behalf of the company to help in the prevention

    or defense of unnecessary or unwarranted lawsuits.

    Employers must provide comprehensive discussion of the legal standards and

    related issues involved in resolving sexual harassment incidents. It is important to make

    clear, all disciplinary procedures, but it is more important to enforce the disciplinary

    procedures in EVERY instance throughout the organization fairly. Inconsistent

    application of company policies and procedures can render such policies null and void

    when investigated, which will make them ineffective and useless forms of defense in

    this arena. The steps followed must be reasonable and effective in ending the

    harassment, in addition to preventing recurrence. If the actions are treated as merely

    inappropriate behavior and are not effective in ending the harassment or preventing it

    from escalating, additional steps must be taken so that everyone knows the conduct is

    prohibited.

    In order for the organization to know if they have made the best possible decision

    is to follow with everyone one involved in the situation. Far too often organizational

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    leaders want to clear up a negative incident as soon as possible and hopefully forget

    that it ever happened. However, in order to ensure the best decisions were made the

    organization must continue to address the problem even once it has been resolved.

    The objective of the company should not be to drag the issue on but to show that they

    have a genuine concern and will not tolerate harassment on any level. If they company

    sees a distinctive drop on sexual harassment charges and allegations as a result of

    their actions they can take some comfort in knowing that they made the proper choices.

    Confidentiality, after claims are made can avoid the bandwagon effect;

    however, this is not always the case as the victims discuss the issues among co-

    workers to gain support either emotionally or evidentially. Employee feedback is always

    going to be the best measurement for determining the effectiveness of company policy

    upon employee morale.

    Tools and Techniques

    How we evaluate the outcome.

    The criteria for measuring a successful outcome of this type of problem, even if

    sexual harassment has been established, and at least one employee is terminated or

    resigns, include the following:

    Sexual harassment was either substantiated or unsubstantiated and both parties

    were informed and dealt with accordingly.

    Both employees and all employees involved understand the situation, and accept

    the actions, whether negative or positive, as a result.

    Employee moral has not declined. (In order to prevent negative or low moral, other

    employees are reminded of the companys intolerance to sexual harassment. In

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    addition, notification of the results of the investigation may need to also be relayed to

    employees involved.)

    The most successful item on this list of criteria of a successful outcome is no

    involvement of lawsuits.

    Conclusion

    Sexual harassment is seldom reported within an organization due to the

    complexity of the issue, difficulty in proving, possible resulting retribution of both the

    reporter and the reported, and the stigma attached to the individuals involved. It is

    important to note that sexual harassment accusations are not limited to women versus

    men; men are also sexually harassed by women, women by women, and men by men.

    The distinction must be made clear that women are not always the ONLY victim of

    sexual harassment. Often times, both individuals are the victims of sexual harassment,

    i.e. consent by mutuality that later falls under scrutiny due to relationship issues turning

    the relationship into unwarranted or unwanted continuity that is difficult to avoid due to

    the nature of a working relationship. The victim then becomes the one that speaks out

    or reports the matter first! It is for this reason that companies may establish policies that

    discourage or prohibit employees from dating stating that the relationship becomes a

    conflict of interest and not in the best interest of company morality, values, mission, or

    purpose.

    The victims risk their jobs by speaking out. The intent of the victim comes under

    close scrutiny, and these accusations are based upon how others view the expectations

    of the outcome: Are they speaking out for the sake of the principle of the matter? Are

    they wearing their needs on their sleeves and purporting: Im a victim; feel sorry for

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    me, or is it for attention or the potential rewards of notoriety and monetary

    contributions based upon perceived pain and suffering? On the other hand, it is the

    nature of individuals within our society to abhor, oppose and to confront injustice while

    seeking dirty laundry and one accusation of sexual harassment within an organization

    can cause a multitude of others to come forward.

    Sexual harassment accusations can begin a slow process of ruination for both

    the individuals involved as well as the organization. The accusations can create a

    hostile work environment that will tend to erode and to crumble employee job

    satisfaction, and effectiveness. The success of the organization, then, suffers due to a

    decrease in productivity and company-wide skepticism concerning moral and ethical

    values. If these issues go unchecked or unaddressed, employee moral suffers greatly

    and begins to reflect in the corporate bottom-line, and this is reflective in quarterly

    reports analyzed by the CEO and board of directors.

    There is a distinction between administrative enforcement of sexual harassment

    accusations and private litigation for monetary damages. Administrative enforcement

    includes potential Title VII violations that require organizations to seek voluntary

    corrective action before pursuing termination or other enforcement mechanisms.

    Companies guilty of Title VII violations can face sanctions and probation by EEOC

    opening the door to civil or criminal suits filed for damages, etc. Civil or criminal litigation

    can arise between the individuals as well as between the individuals and the company.

    This creates an external environmental issue to the company within the community and

    possibly the market.

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    Any type of grievance filed against an organization can lead to corporate

    illnesses, which affects employee morale, productivity, and confidence. Later these

    issues surface in corporate reports as a loss of productivity and market effectiveness

    (boycotts due to labor violation accusations, etc.), loss of customers, consumer

    satisfaction and confidence drop in the market shares (investors), and possibly even the

    loss of quality vendors willing to do business with your organization.

    Laws, court decisions, company policies, and a multitude of training programs

    have all taken aim at the problem (Monaco, L. and Ellet, B., 2000, para. 2). Companies

    have realized as a result of lawsuits and loss of work production that sexual harassment

    prevention tactics must be put into place. Outside of making sure that the legally

    required Equal Employment Opportunity codes and notices are visibly posted in the

    workplace, there are no absolute tactics that companies must enforce to dissuade

    sexual harassment in the workplace. However, it is highly recommended by the courts

    to establish other techniques to inform employees of the companys intolerance of

    sexual harassment of any kind. Companies should establish their own policy indicating

    their intolerance of any type of harassment in the workplace from ALL employees, which

    also gives examples of inappropriate behavior and outlines the punishment of such

    unwarranted behavior. In addition, seminars, training courses, and presentations are

    also good techniques.

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    Resources

    Federal Register: March 13, 1997 (Volume 62, Number 49), ppgs. 12033-12051.

    Retrieved October 31, 2004

    http://www.ed.gov/legislation/FedRegister/announcements/1997-1/031397b.html

    Monaco, L. & Ellet, B. (2000, September). Many ways to thwart sexual harassment,

    Part 1 of 2. Retrieved November 2, 2004, from University of Phoenix, RDS

    Business & Management Practices site. Keywords: sexual harassment.

    NPELRA Home: Information Resources: Legislative & Legal Updates. (2004, November

    13). Retrieved November 13, 2004, from http://www.npelra.org/legal/tedclak.asp

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