Negotiating Sexual Harassment Issues In The Workplace
One Day Program

Now more than ever companies must train their employees in order to avoid the costly litigation associated with sexual harassment. Currently, more claims are being filed by claimants who fear a lay off or termination or baseless wage cases in order to obtain a financial advantage. Once a claim is settled the door opens to more and more merit-less litigation.

In California, an employer is strictly liable for the ‘hostile work environment’ or quid pro quo case promulgated by a supervisor. This suggests a more serious threat as time goes on. Special training is needed for all supervisors/managers. According to current California case law the subject supervisor need not be a direct superior for strict liability to attach as long as the underlying claim is proven.

The Negotiation Institute offers a One Day program that is tailored according to your state laws and your company's needs. This hands on interactive workshop features dynamic role play using actual case studies, mediation and investigations.

Click here to contact the Negotiation Institute or Call 212-888-0053

Sexual Harrassment Understanding the Issues

EXERCISE #1: Mock Interview with Job Applicant-What You can legally ask and what you can’t

Define sexual harassment-QUID PRO QUO vs. HOSTILE WORK ENVIRONMENT
Identify the causes and effects of sexual harassment in the workplace
Identify the major legal precedents that cover sexual harassment - as it pertains in your state for – “Law-Strict Liability for Supervisors”
Identify some appropriate responses to sexual harassment

Sexual Harassment Understanding the Law

Identify behavior that is legally considered to be sexual conduct
Describe the reasonableness standard
Identify behavior that is legally considered to be severe or pervasive conduct

Sexual Harassment Responding Effectively

Evaluate a situation to determine what kinds of responses are appropriate
Explain how a harassed employee can confront a harasser
Identify the kinds of legal recourse available to harassed employees

Sexual Harassment Designing Policies and Procedures

EXERCISE #2: Design a Policy that covers acceptable and prohibited conduct

Evaluate a workplace to determine what kind of policy is required
Explain the elements of an effective sexual harassment policy
Explain the elements of an effective complaint procedure
Explain the elements of a training program that effectively prevents sexual harassment

Sexual Harassment Federal and State Law

Explain the provisions of the Civil Rights Act that apply to sexual harassment
Explain the criteria for behavior to be judged unwelcome conduct
Explain how provocative dress and speech may be considered in harassment cases
Identify conduct for which an employer is likely to be held liable
List circumstances under which an employer is less likely to be held liable
Describe the role of observers of sexual harassment
Understanding the difference between DFEH/EEOC Claims Procedures and Defenses
Understanding Gender Based Discrimination vs. Sexual Harassment

Sexual Harassment Assessing Problem Situations

Describe the possible perceptions and experiences of people who have been sexually harassed
Identify the potential problems of office romance and other voluntary behavior
Distinguish between innocuous jokes and remarks and those that could be actionable as sexually harassing behavior
Determine whether the Civil Rights Act applies to any given organization
Explain the process through which harassed workers file claims with the Equal Employment Opportunities Commission (EEOC)
Describe the process through which EEOC claims are evaluated
Identify the general types of state laws and regulations that may affect an organization's sexual harassment policy

Sexual Harassment Common Law Tort Actions

Identify the tort actions most commonly connected with sexual harassment cases
Explain, in general, the circumstances under which each tort action may be filed
Identify the reasons that harassed workers may choose to file, or to avoid filing, tort actions
Explain the relationship between sexual harassment law and Workers' Compensation
Retaliation-Whistle Blower Statutes

EXERCISE #3: Case Study-Investigation of alleged sexual harasser