·What Can Employees Do If They Think
They Are Being Sexually Harassed?
·What Rights Does an Alleged Offender
·What Are The Responsibilities Of A
Manager or Supervisor?
Employer ABC recognizes the right of
employees to work in an environment free of sexual harassment.ABC is committed to achieving this
The policy states that:
Sexual harassment will not be
tolerated.Individuals who engage in
such behavior will be subject to disciplinary action up to and including
Sexual harassment is prohibited whether
it occurs at the workplace or elsewhere in the course of employment
responsibilities or working relationships.
Management is responsible for ensuring
that the work environment is free from sexual harassment.
All sexual harassment complaints and
responses are confidential subject to the requirements of this policy.
What is Sexual Harassment?
Sexual harassment is defined as:
1.Objectionable, coercive or lewd comment
of a sexual nature to a person or persons, that is known or ought reasonably to
be known as unwelcome.
2.Actions or communications with a sexual
connotation that create an intimidating, demeaning, or offensive work
3.Unwanted sexual request or advance,
inappropriate touching, or sexual assault.
4.An implied or expressed reprisal or
threat of reprisal, or denial of opportunity for refusing to comply with a
5.Any implied or expressed reward for
complying with a sexually oriented advance or request
6.Displaying pornographic, offensive or
derogatory pictures or text.
7.Reprisal or threat of reprisal against
an individual for any action they take following this policy and its
What is NOT Sexual Harassment?
Sexual harassment does not refer to
normal conversation that all parties affected find acceptable.It does not refer to office relationships
that are freely entered into without intimidation or coercion.
What Can Employees Do If They Think
They Are Being Sexually Harassed?
A.Talk to an Advisor
A number of advisors are available to
employees for information and assistance:
1.The Women's Directorate
Employees need not give their name when
contacting an advisor.
Employees who feel they have been
harassed must maintain records of incidents, including dates, times, places,
witnesses, responses of the alleged harassed and harasser, and any other
1.Talk to the harasser
should indicate clearly and directly that the behavior is not acceptable and
must stop.Employees should have a
witness present and keep a record of the date, time and place.If employees communicate by letter or memo,
they must keep a copy.
2.Talk to the immediate supervisor or
managers and supervisors have an obligation to provide a work environment free
from sexual harassment and to take corrective action.Employees may discuss the situation with
their immediate supervisor or with another person in a position of authority.
If the informal measures do not resolve
the situation, the following formal complaint option is also available:
complaint procedure applies to all employees:
·Formal complaints must be filed in
writing and signed by the complainant.Forms are available from Advisors, the Women's Directorate or Human
·The complainant must send the completed
form to the Director of Human Resources, marked "Confidential."
·The alleged offender will be advised
and provided with a copy of the complaint.The manager(s) of both parties will also be advised that a complaint has
·The investigation will be delegated to
two members of the Investigative Committee, one male, one female, neither of
whom works in the same department as either party, and the Director of Human
·The investigators will interview both
parties, and any witnesses.During
investigative interviews, both parties have the right to be accompanied by a
co-worker, or another support person.
·The investigators must complete the
investigation and file a report to the CEO within working days of receiving the complaint.
·The CEO will determine what action,
including appropriate disciplinary action if any, is to be taken.This decision and the rationale for the
decision shall be communicated in writing to both parties and the Investigative
E.External Complaint Options
Employees have the right to make a
complaint to the State ABC Human Rights Commission.In a case of alleged sexual assault,
employees have the right to make a complaint to the police.
What Rights Does an Alleged Offender
Alleged offenders have the right:
1.To be informed that a complaint has
2.To have a copy of the complaint,
stating the allegation(s) and the name of the complainant.
3.To respond to the allegation(s).
4.To be accompanied during investigative
interviews by a co-worker, or another support person.
5.To be informed in writing of the CEO’s
decision on what action, if any, will be taken and the reasons for that
6.To discuss the matter with an Advisor.
What Are The Responsibilities Of A
Manager or Supervisor?
Managers and supervisors are
responsible for ensuring that the workplace is free from sexual harassment.
A.Take preventive action
Managers are required to discuss the
policy at staff meetings and make sure that all employees and supervisory staff
are aware of what action to take if harassment occurs.Managers must also set the appropriate
standard of conduct through their own behavior.
B.When approached by an employee with a
Managers must be supportive and explain
what options are available and how to contact an Advisor if the complainant
wishes to do so.Managers should also
find out how the employee prefers to deal with the situation and address any
concerns the employee may have about filing a formal complaint.Finally, managers must keep a confidential
record of all pertinent information.
C.If the employee files a formal
Managers must provide assistance as
required and be available to discuss any concerns that the employee may
have.Cooperation with the members of
the Investigative Committee is also required.
D.If the employee chooses not to file a
Managers must explain to the employee
that they are required under the policy to take action even in the absence of a
If the allegation is a very minor form
of sexual harassment, it may be appropriate to resolve the situation
informally.Before proceeding, managers
must confirm their assessment by consulting with Human Resources.
If the allegation is sexual harassment,
a formal investigation must be undertaken.Before proceeding, managers must contact Human Resources for advice and
Once a course of action is decided
upon, managers are required to Inform the employee
about what action will be taken and address any concerns that she or he may