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HR Executive Special Reports > Sexual Harassment
Holly K. Jones, Attorney
New and alarming trends are changing the way you manage your workforce and demanding your attention. These trends are too complex and critical to cover fully in a monthly newsletter. That's why we created HR Executive Special Reports.
 Harmless flirting or employer liability?
This special report focuses specifically on sexual harassment and the actions you must take to prevent and correct harassment in your workplace. Learn to draft an anti-harassment policy that works for your workplace and gain tips on conducting a thorough investigation into harassment complaints. Updated to cover harassment based on gender stereotyping, sexual orientation, and same-sex harassment, this report gives you the authoritative help you need to protect your employees and your company.
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Table of Contents:
1. SEXUAL HARASSMENT DEFINED
What Is Sexual Harassment?
Theories of Harassment
Types of Harassment
2. EMPLOYER LIABILITY
How Liability is Determined
Harassment by a Supervisor or Manager
Tangible Employment Action
When It's Not a Tangible Employment Action
Link Between Harassment and Effect
Who Is a Supervisor?
Affirmative Defense
Co-Worker Harassment
Third-Party Harassment
What You Know and When You Should Know It
Personal Liability for Harassment
Responding to a Claim of Sexual Harassment
3. PREVENTIVE MEASURES
Policies and Procedures: What They Are, Why They Help
Romantic Relationships
Anti-Fraternization Policies
Constructive Discharge
Avoid Retaliation
Preventive Measures for Retaliation
4. CONDUCTING AN INVESTIGATION
Take Your Investigation Seriously
Handle Complaints Impartially and Confidentially
The Investigation
Investigatory Interviews
Who Should You Interview?
Verify Facts and Make Credibility Decisions
Document, Document, Document
Apply Company Policies
Ensure That the Harassment Stops
Post-Investigation Follow-Up
5. USE YOUR DEFENSES
The False Claim Defense
Welcomed Conduct/Consenting Adults
Conduct Was Not Sexual or Was Not Based on Sex
Equal Opportunity Harasser
The Conduct Was Not Harassing
Legitimate Business Reason for the Employment Action
Lack of Timeliness
Bona Fide Occupational Qualification
6. WHEN THE EMPLOYEE SUES AND WINS
Make the Victim Whole
Job Reinstatement
Monetary Damages
Injunctive Relief
Attorneys' Fees and Court Costs
7. POLICIES AND PROCEDURES
Contents of an Anti-Harassment Policy
Optional Provisions Tailored to Your Company
Physical Workplace Premises Audits
Education of Managers
Education of Rank-and-File Employees
Make It Easy for Employees to Follow Your Policy
APPENDIX
Sample Anti-Harassment Policy
Sample Anti-Fraternization Policy
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