Verbal and Nonverbal
Calling an employee nicknames, such as Cutie Pants.
What is verbal sexual harassment?
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct
What is sexual harassment?
Inappropriate emails that are saved to support an investigation.
What is evidence?
HR doesn’t need to investigate if an employee complains that a co-worker texted offensive photos to their personal device outside of work hours.
True or False
What is False. Companies can be held accountable for their workers’ behavior regardless of where and when the potential harassment occurred, and whether the offensive content appeared on an employee’s own phone or tablet.
HR professionals often question whether they can ask to review devices that aren’t company property, particularly if the behavior in question happened offsite. The answer is yes, if HR has reason to believe one employee acted inappropriately toward another. A review of the texts should be part of the formal investigation.
However, while a victim is likely willing to share, there's a possibility that there isn’t any recourse if an employee refuses to produce texts. In that case, HR moves forward by collecting a statement from all parties involved.
Whistling at an employee.
What is verbal sexual harassment?
This for that in Latin.
What is Quid Pro Quo?
Consequences for an employee found engaged in misconduct constituting sexual harassment
What is disciplinary actions including termination?
Diamondback can be held liable for the inappropriate behavior of its customers.
True or False
What is true. The fact that sexual harassment can be perpetrated by a company’s clients, customers, or any other segment of the public with whom they interact often gets overlooked. For example, suppose a customer is being suggestive to the receptionist and the receptionist subsequently reports the behavior to her supervisor. Diamondback now has an obligation to protect this person from sexual harassment.
This can be challenging for HR because Diamondback can’t opt not to serve customers. At the same time, removing the receptionist from working with customers could conceivably be regarded as retaliation.
Graphic images on my coworkers computer.
Responsible for creating a safe workspace for everyone.
Who is the employer?
Person(s) who I should report Sexual Harassment to
Who is my supervisor or HR?
If an employee willingly extended a friend request to his or her supervisor or co-worker on social media and becomes uncomfortable with the other person becoming too familiar, the worker shouldn’t report it to HR.
True or False
What is false. A lot of people are confused about this and wonder if they should do anything since the employee let them into their social media.
Ultimately, that’s irrelevant. Policies should be very clear; if the behavior is in violation of a company’s harassment policy—or the law—it’s still the employer’s responsibility to address it to protect their employees from harassment.
Giving someone a "good game".
What is non-verbal sexual harassment?
If you want this raise I've got a job you can do...
What is an example of Quid Pro Quo?
Training where trainees are allies solving a problem rather than potential perps; also known, as "see something, say something" approach.
What is bystander-intervention training?
HR may need to tell an individual if his or her physical gestures, such as tight hugging and shoulder massages, are making others uncomfortable.
True or False
What is true. This falls under whether or not a ‘reasonable person’ finds this behavior acceptable in the workplace.
While some employees would opt to tell a co-worker directly if they don’t like the way someone touches them, not everyone feels comfortable doing that—and thus may prefer to bring their concern to HR. It’s HR’s job to let [the offender] know the behavior is unwelcome. There’s a difference between giving a hug to say hello and rubbing someone’s shoulders that is unwelcome.
What is non-verbal sexual harassment?
"Accidentally on purpose" brushing up against a fedex driver.
What is sexual harassment?
When you're punished for reporting harassment.
What is retaliation?
If an employee repeatedly makes sexual jokes near their workspace, and no one involved in the conversation complains, the company bears no responsibility.
True or False
What is false. Such behavior might be OK at a private happy hour if no one there has a problem with it. However, it’s totally different if it occurs in an area where everyone can hear it—like a lunchroom or open work space.
If this happens repeatedly and the jokester’s manager failed to respond to other workers’ complaints, the company could become liable for a hostile work environment. That’s what happens if a supervisor is aware and does nothing.