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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.
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Preventing & Addressing Sexual Harassment:
A Practical Guide for Employers
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
Terminology
- 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, et.al., v. Churchs Fried Chicken, Inc.
- Stockley
v. AT&T Information Systems, Inc.
- Hall, et.al. v. Gus Construction
Co.
- Strout v. Black Clawson Company
- Brocerick v. Ruder
- Steele v. Offshore Shipbuilding, Inc., et.al.
- 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
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