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Workplace Harassment Prevention- Supervisors Segment

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Hillary Schwanbeck

on 27 June 2013

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Transcript of Workplace Harassment Prevention- Supervisors Segment

Supervisors Segment
Workplace Harassment

Employer Liability for Harassment
Personal Liability
Employers are generally always liable for harassment by a manager (quid pro quo harassment) that results in a negative employment action such as termination, failure to promote/hire, and loss of wages
Employer Liability for Harassment by a
The employer will generally be held liable for harassment by non-supervisory employees or non-employees over whom it has control
(e.g., independent contractors or customers on the premises)
Be aware that you as a supervisor are at great risk personally if you are accused of harassment. If found guilty, you could be sued and found liable for damages.
If the manager's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that:
1. It reasonably tried to prevent and promptly correct the harassing behavior; and

2. The employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer
1. If it knew, or should have known about the harassment; and

2. Failed to take prompt and appropriate corrective action
Be very aware of how you treat employees
Make sure that you deal with all employees and applicants with fairness, respect, and equal treatment
Take personal responsibility
Do the right thing
Make a difference
When you become aware of a possible workplace harassment situation:
1. Do not ignore any complaint or possible harassment situation hoping it will go away! You could be held liable for "not taking prompt action" if you do nothing when an employee tells you about a problem or even if no one reports the problem, but you were aware of it through observation or hearsay.

2. If an employee talks to you about potential harassment, you cannot handle the situation alone. All harassment cases must be formally investigated
Manager & Supervisor's Responsibilities
As agents of the Company, every manager/supervisor is responsible for upholding and enforcing the Company's Non Harassment policy
If you see acts of harassment or disrespect, stop it immediately. By not acting, you are condoning the behavior.
Behave appropriately towards all employees. Do not engage in acts that could be considered harassment or disrespectful
Manager & Supervisor's Responsibilities
Immediately report complaints of Harassment brought to you by your employees to Human Resources, no matter how small or insignificant it may seem to you.
Take EVERY complaint seriously
Assist Human Resources with documenting the incident (either in written statement or part of HR's investigation)
Cooperate fully with Human Resource's investigation
Manager & Supervisor's Responsibilities
Maintain complete confidentiality of complaint and investigation
Do not engage in acts of retaliation towards other employees if you are aware of a complaint or investigation
What to say...
"Thank you for coming forward"
"The Company takes these complaints very seriously"
"Someone from HR will be in touch with you"
Then...GO TO HR!!
Supervisory and Management Prevention Tips
Be fair and consistent in the way you treat employees
Establish and tell everyone about our standards for Respect and that disrespectful behavior of any form will not be tolerated
Make sure that everyone has a copy of the Non Harassment Policy and understands it
Make it easy for the employees to report a harassment complaint
After the situation is resolved
The work unit may not be "back to normal" so watch for, or plan for, problems that may arise related to the employees involved in the original complaint or reactions by coworkers
Full transcript