Event Details

#SHRM19 Sexual Harassment Case Studies Jonathan A. Segal, Partner and Managing Principal, Duane Morris Institute
 

Workplace Application:   Guidance for how HR can contribute to the creation of a safe, respectful and inclusive culture, in terms of what is done—and not done—by those at the level of supervisor and above.

Avoiding and responding to sexual and other harassing behaviors is top of mind for all responsible organizations. Harassment is not just a legal issue, but also a hardcore business issue—and HR alone does not “own” civility. Harassing and disrespectful behaviors, even if not unlawful, harm employees as well as other individuals and organizations. Those at the level of supervisor and above must do more than avoid unacceptable conduct; they must be active bystanders. Yet bystander interventions, if not thought through carefully, can escalate a problem. In some areas, what is unacceptable is (or should be) obvious; but there are also potential gray areas, such as hugs and compliments. Some individuals, concerned about being perceived as engaging in sexual harassment, are avoiding or limiting their exposure to those who they fear may bring a claim against them. Discriminatory avoidance, however, cannot be a strategy to avoid sexual harassment claims.

Learning Objectives:

•Breaking down bad conduct into different categories (e.g., an inappropriate comment on   

  someone’s appearance, versus a sexual assault).

•Behaviors that may or may not be okay, depending on the circumstances (e.g., a hug).

•How those at the level of supervisor and above should respond in the moment to complaints,  

  as well as to sexually harassing conduct that they see, hear or become aware of—even in the

  absence of a complaint or objection.

•Promising practices for supervisors to set the right tone in the middle; the tone at the top is      

  not enough.

•Envisioning some of the adverse consequences of the “great awakening” around sexual

  harassment (e.g., men avoiding women to avoid claims), and ways to mitigate risk.

•Suggested strategies for increasing buy-in from front-line supervisors and other business

  leaders; HR cannot effectively fight this battle without their support.