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| The Scenarios: |
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| The Touchy Supervisor | The Demanding Supervisor |
| Sexual Remarks and Pin-ups | Outside Harasser | Interoffice Dating |
| The Holiday Party | The Good 'Ol Boys Network | Women Harassing a Man |
| Lunch With the Boss | What Can You Do? | |
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The Outside Harasser: |
| Introduction: |
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 Mr. Wilson, a valued customer, makes sexual comments and advances towards Jane, a receptionist. During an investigation of Jane's performance problems, the organization discovers that Mr. Wilson's inappropriate behavior might be responsible for her poor work performance. The organization also learns that Frank, another employee and a supervisor, knew about Mr. Wilson's conduct but failed to report it.
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| Points to be Considered: |
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- Do employees have a duty to report sexual harassment by outsiders?
- Can employees be treated differently after complaining about sexual harassment?
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| Discussion: |
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1. Did Frank have the duty to report Wilson's behavior?
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 Yes. Everyone has an obligation to report any sexual misconduct within the workplace.Frank knew about Wilson's behavior towards Jane and therefore should have reported it. The fact that Frank considered Wilson to be an important client does not change Frank's obligation to report Wilson's behavior. Under a sexual harassment policy, employees have an obligation and responsibility to report sexual harassment, whether it occurs by an employee or a non-employee. Don’t ignore such behavior!
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2. Should Jane fear retaliation following her complaints?
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No. Retaliation against an individual for opposing unlawful employment practices such as sexual harassment, participating in an investigation of a sexual harassment complaint or for filing a charge of sexual harassment is absolutely prohibited.
Jane must not be put in a position where she worries about retaliation by her boss. Any retaliation that does occur could be deemed unlawful and should be dealt with immediately and appropriately.
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| Additional Example: |
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Brenda reports Tom to Human Resources for sexual harassment. While the investigation is pending, Brenda continues to work for Tom. After Tom learns about Brenda's accusations, he tells her that her lunch break will be fifteen minutes shorter. In addition, he disciplines Brenda for making personal telephone calls during working hours, even though all the employees in the department make such calls. Has Brenda been unlawfully retaliated against? Tom's treatment of Brenda is just the sort of retaliation that must be prevented. He treated Brenda differently than her co-workers without any legitimate reason. If you witness retaliation in our workplace, please step forward and report the behavior to Human Resources.
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| Additional Example: |
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Sally reports Jim to Human Resources for sexually harassing her. While the investigation is pending, Jim disciplined Sally for failing to return from her lunch at her scheduled time. The department strictly enforces its lunch schedules and other employees have been disciplined when they did not return from lunch as scheduled. Also, Sally has previously been counseled for failing to return to lunch on time. Has Sally been unlawfully retaliated against? Disciplining an employee who complained of sexual harassment is not always unlawful retaliation. In this case, Sally is not free to ignore legitimate work rules that are applied to all employees just because she has reported potential sexual harassment.
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| Summary: |
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- It is possible that unlawful sexual harassment can occur where the harasser is not an employee.
- You have a duty to report unlawful sexual harassment in the workplace. You have no excuse for not reporting harassment or retaliation in our workplace.
- Employees may not be retaliated against for complaining about sexual harassment.
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