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Interactive, Practical, and Hilarious Keynotes & Seminars
SEXUAL HARASSMENT WORKSHOP
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SEXUAL HARASSMENT WORKSHOP
What Participants will Learn:
A. Provide an Overview of Employment Law
B. Discuss Federal Discrimination Laws
C. Explore Sexual Harassment Issues in the Workplace
D. Engage in Role Playing Exercises
I. Overview of Employment Law in the United States
B. Is an employer responsible for torts committed by an employee in the workplace?
- “scope of employment”
C. Does an employee have any contractual rights when terminated by an employer?
- varies from state-to-state
-employee “at will”
- Is the employee a union member?
-collective bargaining agreement
- Does the company handbook give employees extra rights?
- Does the employee have a written contract with the employer?
- Did the employer make promises that the employee “relied on”?
D. What Tort Claims may an employee file against an employer?
- wrongful discharge – some states
- did the employer act in “good faith”?
- intentional infliction of emotional distress
- assault and battery
- defamation of character
- false imprisonment
II. Federal Discrimination Laws
A. Equal Employment Opportunity Commission (EEOC)
B. Title VII (Civil Rights Act of 1964) and other federal laws prohibit discrimination on the basis of:
- race
- color
- sex
- national origin
- religion
- age
- disability
C. Who is liable for damages to a plaintiff in a sexual harassment lawsuit?
- the manager engaging in unlawful conduct for specific torts under state law
- the employer based on federal law
D. Factors – whether employer will be liable for discriminatory acts of employee
- the number of employees in the company
- whether the employer acts responsibly
E. Theories of Discrimination
- direct evidence – the “dumb stuff”
- disparate (different) treatment of employees
- adverse impact
- when the policy seems neutral or harmless
III. Sexual Harassment under Title VII (federal law)
A. Two types of Harassment – quid pro quo and hostile work environment
B. Quid pro quo
- “this for that”
- examples
C. Hostile work environment
- unwelcome sexually-related conduct that is “so severe or pervasive” that it creates a hostile, offensive or intimidating work environment
- examples
- hostile conducts include:
- racial, ethnic slurs
- negative stereotyping
- threatening, intimidating or hostile acts that relate to gender
- hostile or demeaning jokes and pranks are included
D. What if s/he consents to the conduct?
- what matters is whether the conduct is welcome, not whether there was consent
E. What is “severe or pervasive” conduct?
- Frequency of conduct
- severity
- whether it was physically threatening or humiliating
- whether it interfered with an employee’s work performance
IV. Employer Conduct
- unlawful to take action against an employee because s/he has filed a charge with the EEOC, testified, assisted, or participated in any manner
B. Avoid Liability with a Zero Tolerance Policy toward sexual harassment in the workplace
- policy – open door, complaint process, non-retaliation
- thorough investigation of complaints
- prompt remedial action
C. Damages that can be awarded against employer for failure to act properly
- reinstatement
- back pay (up to trial)
- front pay (after trial)
- punitive damages
- a company with more than 500 employees can be liable for $300,000
- attorneys fees and court costs
Home
Programs Testimonials
Media
About Perry
Articles Booking Info
Interactive, Practical, and Hilarious Keynotes & Seminars
Perry Binder, LLC
P.O. Box 3774
Alpharetta, GA 30023-3774
perrybinder@gmail.com
(404)402-1892