Preventing Sexual Harassment by C. Smiley-Marques, Ph.D., LPC

Author Credentials
Dr. Smiley-Marquez has 22-years experience in the fields of diversity, equal opportunity, discrimination prevention and bias reduction. She provides discrimination complaint and personnel grievance investigation and resolution services to agencies of the federal government, to state and local governments and to private employers.

With the Colorado Civil Rights Commission, she participated in all phases of the intake, early resolution, investigation, reporting and conciliation processes and provided advanced training for investigators of the Civil Rights Division and, by request, for the Equal Employment Opportunity Commission and the Office for Federal Contract Compliance as well as to over 150 employers, housing providers and providers of public accommodations throughout Colorado.

Smiley & Co, Ltd. clients have included Denver Water Department, Denver Wastewater Management Department, City and County of Los Angeles Department of Water and Power, City of Aurora Fire De-partment, City of Grand Junction, Regional Transportation District, National Park Service, U.S. De-partment of Agriculture Delta NIRI, Kaibob-Paiute Tribes and the U.S. Fish & Wildlife Service.

  Preventing & Addressing Sexual Harassment:
A Practical Guide for Employers

One copy only.
Contact Smiley & Co, Ltd. for discounted prices for multiple copies.

A detailed table of contents and margin notes makes this guidebook accessible to and usable by EEO and HR professionals, trainers and all levels of employees, managers, supervisors and employees.

The guide can be personalized to include reference to your state's law and include reference to your organization's policies and procedures. A customized cover for your organization can be provided on request.

Table of Contents

Why Learn About Sexual Harassment

  • Knowledge, Prevention are Best Defense
  • Vicarious Liability and Affirmative Defense
  • Tip of the Iceberg
  • EEOC Charges 1991-2001
  • Who is Harassing?
  • Why Do They Harass?
  • Who is Harassed?
  • What Does Harassment Cost?
  • Some Damages Capped
  • Punitive Damages Deter Future Harassment
  • Front Pay, However, is Not Limited
  • Uncapped Damages Under State Law
  • Examples of the Cost of Sexual Harassment
  • President Fired and Sued by Astra
  • Manager Behavior Equals Organizational Liability
  • More Common Than You May Think
  • Harassment is Under-Reported
  • Reasons for Under-Reporting
  • Gender-Based Harassment EEOC Charges Have Increased
  • Number of Sexual Harassment Charges
  • Women's Share of the Workforce Increases
  • Diversity in the Workplace Brings New Elements


  • Prejudice
  • Sexism
  • Sex Discrimination
  • Gender Harassment
  • Sexual Orientation Discrimination

    Legal Definition of Sexual Harassment

  • Sexual Harassment

    Official Text of the Sexual Harassment Guidelines

  • Unwelcome
  • Quid Pro Quo
  • Hostile Work Environment

    EEOC Guidance: Retaliation

  • Definition
  • Examples
  • Proof of Causal Connection

    More About Unwelcome

  • Unwelcomeness
  • A Protest or Complaint Shows Unwelcomeness
  • Why Harassed Employees Don't Complain
  • Employers Cannot Require Employees to Confront Harassers
  • When Employees Join in the Conduct
  • Humor or Harassment

    More About Sexual

  • The Sexual Nature of Conduct
  • The Sex of the Recipient
  • Nonsexual Gender-Based Harassment
  • Employee Relationships

    Quid Pro Quo Sexual Harassment

  • Quid Pro Quo
  • Example: Quid Pro Quo?

    Hostile Environment Sexual Harassment

  • Hostile Environment Harassment
  • Duty of Care
  • Managers Have a Greater Duty of Care
  • Other Forms of Illegal Harassment
  • EEOC Guidelines
  • Questions Asked by EEOC Investigators
  • Hostile Environment and Cummulative Stress
  • Example: Hostile Environment?
  • Women Experience Threat of Violence
  • Targeted and Non-targeted Harassment
  • Non-targeted Hostile Environment
  • Sexual Harassment
  • Unwanted Touching
  • Verbal Conduct
  • Standards are Higher for Supervisors
  • Sexually-Explicit Visual Material
  • When Women Enter All-Male Workplaces
  • Men Appreciate a Respectful Workplace
  • Intent versus Impact
  • Oversensitive Employees
  • Isolated Incidents
  • Retaliation
  • Constructive Discharge

    About Favoritism as Sexual Harassment

  • Favoritism
  • Favoritism Can Be Quid Pro Quo Harassment
  • Favoritism Can Be Hostile Environment
  • Preference
  • Example 1: Quid Pro Quo
  • Example 2: Hostile Environment
  • Take Supervisor-Employee Romances Seriously

    The U.S. Supreme Court Has Addressed Harassment

  • Meritor Savings Bank v. Vinson
  • Harris v. Forklift Systems, Inc.
  • Four Factor Analysis for Hostile Environment
  • Oncale v. Sundowner Offshore Services, Inc.

    Same Sex Harassment Recognized Under Title VII

    Men Reporting Harassment

  • Number of Complaints Filed by Men 1992-2001

    Sexual Orientation Harassment

  • States That Prohibit Sexual Orientation Discrimination
  • Executive Order 13087 amends E.O. 11478

    Who is LIable for Sexual Harassment

  • Agents of the Employer
  • Who is a Supervisor?
  • Actions and Inactions
  • Constructive Knowledge
  • Known or Should Have Known
  • Putting a Complaint on Hold When a Formal Charge Is Filed
  • Harassment by Co-worker/s
  • Harassment by Non-employees
  • Economic Harm or Job Loss
  • What About Retaliation?

    Is It Flirtation or Sexual Harassment

  • The "Reasonable Person" Standard
  • Friendly Behavior
  • Flirtation
  • Sexual Talk or Play at Work
  • Example: Hostile Environment

    Sexual Harassment is About Power

  • Experience of the Receiver
  • Rumors and Romance
  • Privacy Statutes
  • Failed Affairs

    What the Courts Have Said About Harassment

  • Monge v. Beebe Rubber Co.
  • Tompkins v. Public Service Electric & Gas Co.
  • Miller v. Bank of America
  • Bundy v. Jackson
  • Rogers v. Loews LEnfant Plaza Hotel
  • Wright v. Methodist Youth Services
  • NLRB v. Downslope Industries, Inc
  • Katz v. Dole
  • Davis v. United States Steel Corp.
  • Meritor Savings Bank v. Michelle Vinson
  • Boyd v. James S. Hayes Living Health Care
  • ODell v. Basabe
  • Ross v. Double Diamond, Inc.
  • Valdez,, v. Churchs Fried Chicken, Inc.
  • Stockley v. AT&T Information Systems, Inc.
  • Hall, v. Gus Construction Co.
  • Strout v. Black Clawson Company
  • Brocerick v. Ruder
  • Steele v. Offshore Shipbuilding, Inc.,
  • Pease v. Alford Photo Industries
  • Nelson v. Reisher
  • Morgan v. Massachusetts General Hospital
  • Ellison v. Brady
  • Robinson v. Jacksonville Shipyards, Inc.
  • Jenson v. Eveleth Taconite Co.
  • Briggs v. Surrey Broadcasting Co.
  • Harris v. Forklift Systems
  • Hukkanen v. Intl Union of Operating Local 101
  • Burns v. McGregor Electric Industry
  • Jenson v. Eveleth Taconite Co.
  • Landgraf v. USI Film Products
  • Jones v. Aspin
  • Karibian v. Columbia University
  • McCoy v. Johnson Controls World Services, Inc.
  • Oncale v. Sundowner Offshore Services, Inc.
  • Burlington Industries v. Ellerth
  • Faragher v. Boca Raton
  • Pollard v. DuPont

    Harassment Victims May File State Tort Claims

  • Make Whole
  • Tort Actions
  • Theories of Employer Responsibility
  • Assault
  • Battery
  • Intentional Infliction of Emotional Distress
  • Defamation
  • Negligent Hiring, Supervision, Retention
  • Invasion of Privacy
  • Conspiracy to Harm the Employment of Another
  • Abrogation of Duty

    Other Forms of Harassment Also Unlawful

  • Harassment on the Basis of Race or Color, Gender, Religion, National Origin, Age or Disability

    Preventing Sexual Harassment

  • Comprehensive Approach
  • Develop a Policy
  • A Policy Will Not Protect Employers
  • An Effective Policy
  • Provide a Clear Definition
  • Include Favoritism and Third Party Harassment
  • Provide Details and Examples
  • Make the Policy Understandable and the Consequences Clear
  • Disappearing Complaints
  • Provide Training for Managers and Supervisors
  • Provide Training on Sexual Harassment for Employees
  • Remedial Actions
  • Disciplinary Actions
  • Follow-Up
  • Quickly Investigate All Claims and Conduct
  • Fair Credit Reporting Act
  • Investigators Are Bound by Limits of Qualified Privilege
  • Wrong Response: Slow Action to Stop Harassment
  • Wrong Response: Stop Actions
  • Wrong Response: Weak Action to Stop Harassment
  • Wrong Response: Making Promises
  • Right Response: Follow Procedures
  • Right Response: Observe Confidentiality
  • Right Response: Due Process
  • Right Response: Do Something the Right Size
  • Right Response: Right Size Discipline
  • Right Response: Encourage Communication
  • Right Response: Document
  • Right Response: Monitor and Follow-Up
  • Right Response: Training
  • Right Response: Respectful Workplace-Safe Workplace

    Preventing & Addressing Sexual Harassment:
    A Practical Guide for Employers

    One copy only.
    Contact Smiley & Co, Ltd. for discounted prices for multiple copies.

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