JDC EEO Policy

Civil Rights and Affirmative Action Policy

For women, minorities and handicapped individuals

Prepared by: Timothy P. Backers; Affirmative Action Officer

Revised: April, 2009

a. It is the express policy of this Company to comply with all federal, state and local laws governing the employment of personnel. Particularly, it is our desire to treat all employees equally and to adopt programs and attitudes that will instill equity in hiring and training programs. To this end, the following programs are dedicated.

b. Jay Dee Contractors, Inc. shall not discriminate against any employee or applicant for employment to any position for which the employee or applicant for employment is qualified. Jay Dee Contractors, Inc. will take affirmative action to employ, advance in employment, and otherwise treat qualified individuals without discrimination based upon their race, color, religion, sex or national origin in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay for other forms of compensation, and selection for training, including apprenticeship.

c. Jay Dee Contractors, Inc. will post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Department of Human Rights. Such notices shall state our obligation under the law to take affirmative action to employ and advance in employment qualified minority and female employees and applicants for employment and the rights of applicants and employees.

d. It is the intent of Jay Dee Contractors, Inc. to meet or exceed the goals established for minority and female workers. Federal and/or company goals for women of 6.9% and minority goals of 19.6% or as established by region are the aim of each and every company location and job classification.

a. All advertisements shall clearly state this Company is “An Equal Employment Opportunity Employer”.

b. If union or hiring halls are requirements of our labor contracts, then you mustadvise such unions and/or hiring halls of our EEO policy.

c. If we require subcontractors on a job, you must make every effort to employ same in accordance with requirements as set forth in the specifications for our contract and/or contracts.

d. When new employees of a permanent nature are required, you must call the home office and request information relative to our current manpower utilization goals for the current year.

e. Jay Dee Contractors, Inc. will review all physical and mental job requirements on a project basis to the extent that these requirements tend to screen out qualified minority or female individuals. It will be determined whether these requirements are job related and are consistent with business necessity and the safe performance of the job. These requirements will be reviewed on a semi-annual basis.

(For example, a requirement to lift 50 lbs. would be re-examined to see whether it was really necessary for a particular job.)

f. Jay Dee Contractors, Inc. shall make a reasonable accommodation to the limitations of an employee or applicant unless such an accommodation would impose an undue hardship on the conduct of the business.

a. There shall be no discrimination in payment of wages for equal work.

b. All subcontractors shall be required to pay wages equal to or greater than those paid by our forces or directed by wage determination decisions of the Secretary of Labor for each project so designated.

c. All work sites shall have posted in the construction site office a copy of the wage rates determined for that particular project.

a. All supervision shall contact payroll clerk 48 hours in advance of a discharge except that such discharge is for cause and requires immediate action.

b. The reason for discharge of employee shall be filed with the employee’s records.

c. The supervisor responsible for the discharge shall certify the reason for the discharge.

a. There shall be no segregated conveniences on any of our work sites or offices. Washrooms, lunchrooms, field shanties, telephones and all job conveniences that are available to employees shall be available without discrimination as to race, color, religion, sex or national origin.

b. Salaried employees shall be oriented by the Controller of the company and it shall be his/her duty to see that every salaried employee is aware of the benefits provided by the company relative to his or her welfare.

c. Hourly employees shall be oriented by their immediate supervisor, who shall advise them of our union affiliations and of all employee benefits that are available under our existing contracts.

d. While it is not our concern whether a man or woman belongs to a union, it is our responsibility to see all receive equal benefits as provided for in or under the applicable contract.

e. It is the obligation of all supervision to see that proper maintenance of our equipment and work sites is maintained. You are particularly advised of the requirements of sanitary facilities and their availability to the employees.

a. The supervision of our company is advised to read various “Home Town Plans” that are applicable to the community in which you are working.

b. The following seven points are intended to give an understanding to all of what our obligations and requirements are under the “Home Town Plan”:

1. All bidders must comply with provisions of an existing “Home Town Plan” to be eligible for the award of non-exempt Federal and Federally assisted construction contracts.

2. All bidders must agree to accept the specific goals of minority manpower utilization set forth in the Bid Conditions.

3. The goals and ranges for specific calendar years have been developed from the findings made and negotiated goals established by parties to the “Home Town Plan”.

4. The bidder is responsible for communicating to all subcontractors the terms of the “Home Town Plan”. This must be in writing.

5. Goals and timetables for minority utilization are set forth in the “Home Town Plan” in escalating, one-year increments. The ultimate goal is to reach as a minimum the percentage of the minority population on construction jobs, affected by the Plan.

6. Unannounced on-site inspections will be conducted, periodically and if a contractor is found who does not intend to follow the spirit of the Plan, “show-cause” procedures may be instituted with the possible cut-off of funds following.

7. Since our company works in various states, and various communities and economic areas within those states, it will be necessary that each project manager become familiar with the specific equal opportunity requirements in the area in which his project is located. Be advised the higher of Company or Contract established goals shall govern.

a. Instances of alleged discrimination shall be addressed immediately. Any employee who believes he/she is or has been treated unfairly should bring the matter to the attention of the Project Manager and the AA Officer (Mr. Tim Backers). The AA Officer’s responsibilities include monthly monitoring of the affirmative action program via the monthly Company EEO Report and reporting to the President at regular intervals (every quarter) on the results of the program.

b. Any corrective actions recommendations will be made by the AA Officer to the President directly at the regularly scheduled meetings. The final course of action or inaction is the sole responsibility of the President. Should an employee not agree with the President’s decision, the A.A. Officer shall provide the address and telephone number of the U.S. EEO Commission to the employee to explore any appeal options they may have.

a. Jay Dee Contractors, Inc. will make every good-faith effort to use minority and women subcontractors whenever it is appropriate to do so.

a. Jay Dee Contractors, Inc. shall not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. Jay Dee Contractors, Inc. will take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon physical or mental disability in all employment practices such as the following: employment, upgrading, demotion/transfer, recruitment, advertising, layoff or termination, pay rate or other forms of compensation, and selection for training, including apprenticeship.

b. Jay Dee Contractors, Inc. will comply with all rules and relevant orders of the State of Federal Departments of Human Rights issued pursuant to Human Rights Acts.

c. Jay Dee Contractors, Inc. will post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Department of Human Rights. Such notices shall state our obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment and the rights of pplicants and employees.

d. Jay Dee Contractors, Inc. shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the employer is bound by the terms of State or Federal Statutes Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled individuals.

a. Jay Dee Contractors, Inc. will review all physical and mental job requirements on a project basis to the extent that these requirements tend to screen out qualified disabled individuals. It will be determined whether these requirements are job related and are consistent with business necessity and the safe performance of the job. Review will be on a semi-annual basis.

(For example, a requirement to lift 50 lbs. would be re-examined to see whether it was really necessary for a particular job.)

a. Jay Dee Contractors, Inc. may require a comprehensive medical exam prior to employment. The results of such an examination will not be used to screen out qualified disabled individuals. Information obtained in response to such inquiries or examination shall be kept confidential except that (a) supervisors and managers may be informed regarding restrictions on the work or duties of disabled individuals and regarding accommodations, (b) first aid and safety personnel may be informed, where and to the extent appropriate, if the condition might require emergency treatment, and (c) officials, employees, representatives, or agents of the Department of Human Rights or local human rights agencies investigating compliance with the act or local human rights ordinances shall be informed if they request such information.

a. Jay Dee Contractors, Inc. shall make a reasonable accommodation to the physical and mental limitations of an employee or applicant unless such an accommodation would impose an undue hardship on the conduct of the business.

a. In offering employment or promotions to disabled individuals, Jay Dee Contractors, Inc. shall not reduce the amount of compensation offered because of any disability income, pension, or other benefit the applicant or employee receives from another source.

Jay Dee Contractors, Inc. shall review employment practices to determine whether the personnel program provides the required affirmative action for employment and advancement of qualified disabled individuals. Based upon the findings of such review, management shall undertake appropriate outreach and positive recruitment activities such as those listed below.

a. Develop internal communication of obligation to engage in affirmative action efforts to employ qualified disabled individuals in such a manner as to foster understanding, acceptance, and support among executive, management, supervisory, and all other employees and to encourage such persons to take the necessary action to aid the company in meeting this obligation.

b. Develop reasonable internal procedures to ensure that the obligation to engage in affirmative action to employ and promote qualified individuals is being fully implemented.

c. Periodically inform all employees and prospective employees of the commitment to engage in affirmative action to increase employment opportunities for qualified disabled individuals.

d. Enlist the assistance and support of recruiting sources (including state employment security agencies, state vocational rehabilitation agencies or facilities, sheltered workshops, college placement officers, state education agencies, labor organizations and organizations of or for disabled individuals) of Jay Dee Contractors, Inc.’s commitment to provide meaningful employment opportunities to qualified disabled individuals.

e. Establish meaningful contacts with appropriate social service agencies, organizations of and for disabled individuals, vocational rehabilitation agencies or facilities, for such purposes as advice technical assistance, and referral to potential employees.

f. Review employment records to determine the availability of promotable and transferable qualified known disabled individuals presently employed, and to determine whether their present and potential skills are being fully utilized or developed.

g. Include disabled workers when employees are pictures in consumer, promotional, or help wanted advertising.

h. Send written notification of the organization’s policy to all employers, vendors and suppliers, requesting that they act in a manner consistent with Jay Dee Contractors, Inc.’s policy on affirmative action.

i. Take positive steps to attract qualified disabled persons not currently in the work-force who have requisite skills and can be recruited through affirmative action

Realizing that an outreach program is ineffective without adequate internal support from supervisory and management personnel and other employees, who may have limited contact with disabled persons in the past, and in order to assure greater employee cooperation and participation, Jay Dee Contractors, Inc. shall disseminate this policy internally as follows:

a. Include it in the policy manual

b. Publicize it in the organization’s newspaper, magazine, annual report and other media.

c. Conduct special meetings with executive, management, and supervisory personnel to explain the intent of the policy and individual responsibility for effective implementation, making clear the company’s attitude.

d. Schedule meetings with all employees to discuss policy and explain individual employee responsibilities.

e. Discuss the policy thoroughly in both employee orientation and management training programs.

f. Meet with union officials to inform them of Jay Dee Contractors, Inc.’s policy and request their cooperation.

g. Include nondiscrimination clauses in all union agreements, and review all contractual provisions to ensure they are non-discriminatory.

h. Include articles on accomplishments of disabled workers in organization publications.

i. Post the policy on organization bulletin boards, including a statement that employees and applicants are protected from coercion, intimidation, interference, or discrimination for filing a complaint or assisting in an investigation under the Human Rights Act.

j. When employees are featured in employee handbooks or similar publications for employees, include disabled employees.

Timothy P. Backers has been designated director of Jay Dee Contractors, Inc.’s affirmative action activities. His identity shall appear on all internal and external communications regarding Jay Dee Contractors, Inc.’s affirmative action programs. Mr. Backers has been given necessary top management support and staff to manage the implementation of this program, including the following activities:

a. Develop policy statements, affirmative action programs, and internal and external communication techniques, including regular discussions with local managers, supervisors,, and employees to be certain company policies are being followed. In addition, supervisors shall be advised that:

1. their work performance is being evaluated on the basis of their affirmative action efforts and results, ad well as other criteria, and

2. Jay Dee Contractors, Inc. is obligated to prevent harassment of employees placed through affirmative action efforts.

b. Identify problem areas in conjunction with management and known disabled employees, in the implementation of the affirmative action plan, and develop solutions.

c. Design and implement audit and report systems that will:

1. Measure effectiveness of Jay Dee Contractors, Inc.’s plan;

2. Indicate need for remedial action;

3. Determine the degree to which objectives have been attained;

4. Determine whether known disabled employees have had the opportunity to participate in all employer sponsored educational, training, recreational, and social activities; and

5. Ensure that each location is in compliance with company policy.

d. Serve as liaison between Jay Dee Contractors, Inc. and any branch of State or Federal Department of Human Rights.

e. Serve as liaison between Jay Dee Contractors, Inc. and organizations of and for disabled persons, and arrange for the active involvement by employer representatives in the community service programs of local organizations of and for the disabled.

f. Keep management informed of the latest developments in the entire affirmative action area.

g. Arrange for career counseling for known disabled employees.

The Affirmative Action Plan for Jay Dee Contractors, Inc. shall be developed and executed as follows:

a. Job qualification requirements reviewed shall be made available to all members of management involved in the recruitment, screening selection and promotion process.

b. Jay Dee Contractors, Inc. shall evaluate the total selection process including training and promotion to ensure freedom from stereotyping disabled persons in a manner which limits their access to all jobs for which they are qualified.

c. All personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes shall be carefully selected and trained to ensure that the commitments in its affirmative action program are implemented.

d. Formal briefing sessions shall be held, with representatives from recruiting sources. Project tours, clear and concise explanations of current and future job openings, position descriptions, workers specifications, explanations of the company’s selection process and recruiting literature shall be an integral part of the briefings. Formal arrangements shall be made for referral of applications, follow up with sources and feedback on disposition of applicants.

e. A special effort shall be made to include qualified disabled persons on the personnel relations staff.

f. Disabled employees shall be made available for participation in career days, youth motivation programs, and related activities in their communities.

g. Recruiting efforts at all schools shall include special efforts to reach disabled students.

h. An effort shall be made to participate in work study programs with rehabilitation facilities and schools which specialize in training or educating disabled individuals.

i. Jay Dee Contractors, Inc. shall use all available resources to continue or establish on-the-job training programs.

Sexual harassment is unacceptable behavior on the part of any employee. It’s unacceptable by supervisors and managers, as well as by staff and other employees. It’s unacceptable by female employees, as well as by male employees.

Supervisors are responsible for helping implement our strict prohibition against sexual harassment. We expect all to be vigorous in their efforts. Sexual harassment has no place in our business.

Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sex. Sexual harassment can constitute such discrimination.

The Equal Employment Opportunity Commission (EEOC) has issued guidelines that define sexual harassment:

Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

(1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

(2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

(3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

The first two items in the EEOC’s definition are sometimes called quid pro quoharassment. A supervisor, for example, may offer to advance a female employee in return for sexual favors. This type of harassment is the most serious.

It’s also the most obvious. Few men or women would disagree that such conduct represents sexual harassment.

The third item in the EEOC’s definition is sometimes referred to as “hostile environment” sexual harassment. What may create a hostile environment will differ from situation to situation. Typically, it involves more than a single incident or event. A supervisor need not be involved.

Sexual harassment arising from a hostile environment is thus more subjective and may be less obvious than quid pro quo harassment. But it’s still sexual harassment.

Because the EEOC’s guidelines do not spell out what constitutes a hostile environment, the courts will end up defining the term. Many courts have already spoken–sometimes, with surprising results. The law is still developing.

Because there are no clear cut rules concerning what constitutes a hostile environment, we must be especially vigilant to put an end to conduct or activities that may create such an environment (see What to Look For, below). It’s better to stop a practice that may constitute sexual harassment and find out later that the practice has been dismissed by the courts than to say nothing about doubtful practices and discover later that it creates a hostile environment.

Many states also have laws making sexual harassment illegal and provide remedies for individuals who feel that they have been harassed. Frequently, these laws are even stricter than the federal laws.

The company’s plan is a general one intended to conform to the overall requirements of the Federal government, and cannot possibly interpret the goals and timetables in all of the communities in each of the 50 states. It is our policy to have verbal orientation between the company management and project management relative to the specific goals affecting each area of our corporate activity.

We want to be proactive with respect to sexual harassment. When we see instances of sexual harassment, we want to deal with them, whether or not a complaint has been lodged.

That doesn’t mean we want you to act as a law enforcement officer. Nor does it mean we want you to act like a big brother with respect to your fellow employees.

Jay Dee Contractors, Inc. wants all employees to be sensitive to the issue and use good judgment. That means being alert to possible instances of sexual harassment among employees. A brief discussion with a possible offender, alerting him or her to the harassment potential in a specific course of conduct, may save that employee a reprimand–or a job–in the future. And, of course, it eliminates a problem for employees who may feel harassed, as well.

Where do you find sexual harassment? Almost everywhere, according to most female employees. Surveys indicate that approximately 50% of all female employees feel that have been sexually harassed at one time or another in their business careers.

Sexual harassment is found in the front office, as well as in the plant. It’s found in professional firms, as well as on assembly lines.

The seeming universality of sexual harassment means that we’re probably not exempt from its presence in our work-place. We cannot assume that, because of our strong stance against harassment, it can’t–or won’t–happen here. It can.

Sexual harassment may include:

Unwanted physical contact–putting one’s hand on a fellow worker’s shoulder, for example, or around his or her waist.

Gestures. Puckering one’s lips might constitute harassment, or making signs with one’s fingers or hands.

Off-color jokes. The jokes, incidentally, need not be told to the harassed employee. Telling them in the vicinity of a co-worker who would find them offensive may be enough to create anxiety in that employee and to create a hostile environment in that employee’s mind.

Pictures. Pin-ups, particularly pin-ups of scantily-clad individuals, have no place in our business. That includes male pin-ups, as well as female pin-ups.

What about pictures on an employee’s desk or in an employee’s locker? Our position is that these areas are part of the work-place, and are therefore covered by our rules concerning sexual harassment. Ask employees who have pin-ups in their lockers or similar areas to remove them. Once again, explain the reasons for your request–employees are more likely to accept your request if they understand the rationale behind it. But be firm. Refusal by an employee to remove an offending picture is not an option.

Demeaning comments about women. The comments need not be explicitly sexual. Generalities that lump women together as a group and denigrate them can also constitute sexual harassment.

Terms of endearment. Calling a co-worker “honey”, “dear”, “sweetheart”, or some similar expression is out of place. Intent is not a factor. Even if an employee “meant nothing’ by the endearment or has “used it for years,” you should caution such an employee that the expression is inappropriate.

Questionable compliments. “Nice legs!”, “you look hot in that outfit!”. Compliments like these can obviously make female workers uncomfortable–or worse. And even if the female employee who has received this “compliment” is not disturbed by it, other female employees may be.

And what about compliments that are less obviously offensive? “You have pretty eyes.” A compliment like this may or may not be offensive, depending on the circumstances. We don’t want to curtail all social interchange among employees-particularly where the interchange is positive and contributes to a happy work-place.

If you are in doubt about whether a “compliment” is being taken as such, discreetly ask the employee affected if he or she was bothered by the comment.

Any one of these elements might, by itself, constitute sexual harassment. Or minor variants of each could constitute sexual harassment when they are added together. That’s whey we’ve taken the position: None of these types of conduct are acceptable.

Note, too, that this list is illustrative, not exhaustive. These are only examples of actions that might constitute sexual harassment. Undoubtedly other examples are possible from you own experience.

If a co-worker comes to you and complains that he or she is being sexually harassed, you must act at once. What you must do depends on your position and level of responsibility.

In all cases, report the alleged harassment to your own supervisor.

What if your supervisor is the perpetrator of the alleged harassment? In that case, you report the alleged harassment to your boss’s boss–or to the EEO/AA Officer.

Do not take it upon yourself to speak to your supervisor about the charge. Once a complaint has been lodged, you must act on behalf of the complainant. (If you have noticed actions that might constitute sexual harassment on the part of a fellow supervisor and no complaint has yet been lodged, a helpful word to that supervisor may help them to avoid problems in the future.)

In some cases, you may be responsible for investigating the charge of sexual harassment. (If you are not certain whether your job includes investigating sexual harassment charge, ask you superior to touch base with the EEO/AA Officer. Don’t assume that you have this responsibility. If you do have this responsibility, you should:

Act promptly. Don’t let your own assessment of the personalities of the employees involved hinder your investigation. Indeed, there are few good excuses for delay. And your slowness to act may send the message to the harassed employee that we don’t care. We do.

Tell a complaining employee that you will look into the matter at once. Then, do it!

Remember, however, that the person charged with sexual harassment is innocent until proven guilty. Both the person charging sexual harassment and the person charged with sexual harassment have rights. One must do their best to protect them both. You can do that by:

• Being objective. Don’t begin your investigation by believing one employee and disbelieving the other.Being thorough. Talk to everyone involved. Ask each party if he or she has witnesses who will support them. If the harassed employee tells you of other possible victims of harassment, speak to them also.
• Don’t feel limited to the witnesses identified by the two parties involved. If you think you can find the truth by talking to someone in addition to those witnesses, contact that individual as part of your investigation.
• Being careful. Make sure your questions are unbiased and are not leading. Write your questions down–and review them with a critical eye–before asking them.

Keeping what you learn confidential. We do not want to defame an innocent employee–indeed, we don’t want to have to defend ourselves against defamation by a guilty employee. Maintaining confidentiality will help achieve those objectives.

Moreover, maintaining confidentiality will help you uncover the truth from witnesses. Some employees may be reluctant to talk to you because they don’t want to be “snitches”, disloyal to even a guilty co-worker who has harassed an employee. By keeping you investigation confidential, you can encourage such employees to tell you what happened.

Recording your findings in writing. Don’t try to keep what you’ve learned in your head. Write down what you’ve learned after talking o each employee. But limit your writing to the facts. Your record may one day find its way into court.

Writing also has the advantage of helping you reach a fair determination. Once your investigation is complete, you can review your findings at one time and better weigh the information you’ve received.

Being fair. You must treat all employees charged with sexual harassment equally. A reprimand for one and dismissal for another, where the harassment is essentially the same, is not fair.

When you have made a determination concerning the charges of sexual harassment, you should document your findings and actions. You may want to review earlier instances of alleged harassment that you have handled to ensure that you are being consistent in your handling of the current matter.

Keep all of your records concerning sexual harassment charges in one place so that you can easily find them.

Inform both the employee alleging harassment and the employee charged with harassment of your findings and conclusions. If you have concluded that the employee alleging sexual harassment has indeed been harassed, indicate that actions you will take to prevent the harassment from happening again. Include the action you plan to take with respect to the harassing employee. And be sure you do what you say you’re going to do.

If you conclude that no harassment has taken place, you should still review your findings with the employee who feels she has been harassed. Tell her what you have done to investigate the charge and the reasons for your conclusion.

Remember that, even though the facts you have unearthed may not support a charge of sexual harassment, that does not mean sexual harassment has not in fact occurred. And certainly the employee alleging harassment feels that harassment has occurred. Review what has been done. Assure the employee that you will be alert and keep a careful eye on the situation.

This is obviously a sensitive meeting. You do not want to suggest that you think the employee alleging sexual harassment has misled you (unless, of course, you have conclusive proof that this is the case). A well-documented, thorough, and fair investigation will go far to convince the employee that the matter has been properly handled, even if the result is not to her satisfaction.

You should similarly inform the employee charged with harassment of the results of your investigation.

If you have found no harassment, thank the employee for his cooperation and stress the confidentiality of the proceeding. Again, a thorough and fair investigation will go far to assure the employee that he has been treated properly.

Q. What do I do when one employee charges another with sexual harassment anare no witnesses? It’s one employee’s word against another’s.

A. It depends on the circumstances. If this is the first instance involving the charged employee, point out our concern with sexual harassment as an issue and indicate the serious consequences that might result if such charges could be proven. But don’t be threatening. Remember the charged employee is innocent until proven guilty.

If the charged employee has been previously accused of sexual harassment by some other employee, you can take this type of circumstantial evidence into consideration. A sterner warning might then be in order.

You should also speak with the employee making the accusation. Most employees will appreciate that you can’t take corrective action without sufficient evidence. Mention that you have discussed the situation with the charged employee. And encourage the employee to come back if there’s a recurrence.

Q. One of my female employees is a flirt. She regularly trades sexual innuendoes with some of my male employees. Some of this talk is offensive, but she’s never complained about it. Should I do anything?

A. Yes. You should speak to all of the employees involved about the inappropriateness of their conduct at work. You need not make a big deal of your warning. A few words in private with each employee should do the job.

Keep in mind that a “hostile environment” can evolve over time. Small incidents can add up to harassment. The fact a female employee seems to be a willing participant is irrelevant.

Q. I have an older male employee who has called me “Hon” since my first day on the job. He calls all of my female employees “Hon”, too. I’ve spoken to him about the use of this term, but he refuses to stop using it. He says that he doesn’t mean anything by it (I believe him), he has used it for years, and you “can’t teach an old dog new tricks.” What do I do next?

A. Old dogs can learn new tricks. Speak to your employee again. Emphasize that you know he doesn’t mean anything by using “Hon”, but that it’s not your interpretation of his intent or his interpretation of the intent that counts. Stress that sexual harassment is a serious concern for us and that he must work with us to eliminate it.

If he continues to ignore your warning, report the problem to your own supervisor or to the EEO/AA Officer.

Q. One of our female managers has been accused by a male employee of demanding sexual favors in return for a promotion. Can a male be the victim of sexual harassment?

A. Yes. The type of sexual harassment you’ve described squarely fits within the EEOC’s definition of quid pro quo harassment. While no court has yet ruled on whether a male employee can be the victim of hostile environment sexual harassment, the equal application of the law and the EEOC’s guidelines would suggest that male employees can be the victims of that kind of harassment, as well.

Q. I have a gay male employee. His sexual orientation is not widely known among his coworkers, and I have overheard some of these employees making fun of gays and telling gay jokes. Could my gay male employee claim that he’s in a hostile environment that constitutes sexual harassment?

A. He might. Just as the EEOC guideline does not distinguish between male and female employees, it does not distinguish between homosexual and heterosexual employees. Again, the courts will have to decide the extent of the EEOC guideline’s application.

But that doesn’t mean you should do nothing. Gay employees are protected by a variety of laws, and our policy is to provide all employees equal opportunity. You should speak to the employees making the jokes and ask them to stop. You don’t have to provide a reason (i.e., you don’t have to disclose your gay employees’ confidence). There’s no place in your business for any joke at someone else’s expense.

Q. My supervisor is the picture of decorum in the office. But, when we’re in a social setting, he makes frequent passes at me. This includes several business trips we’ve taken together. What should I do?

A. Speak to your boss’s boss. Certainly, you should be free of such harassment when you represent our company on a business trip. Our policy against sexual harassment is not restricted to the physical boundaries of our office.

If the context in which your supervisor makes advances is purely social (e.g., you meet for cocktails or dinner), the questions is more difficult to answer. Unless the harassment is of the quid pro quo variety, your supervisor’s conduct may be beyond our control. The easiest solution may be to tell your supervisor of your discomfort and then to avoid seeing him in a social setting if he persists in that conduct.

Sexual harassment hurts our business. We must eliminate this unacceptable conduct from our work-place. This information will help you know what to look for and how to respond when you find sexual harassment. Remember, though, that this is not the whole story. If you have questions or doubts, seek help. Go to your boss or the EEO/AA Officer.

We’re counting on you. And so are the people who work for and with you.

Male Perception

v.

Female Perception

Men and women see things differently. From a sociological or psychological standpoint, few people would argue with that observation. But that difference in perception does not justify harassment.

What male supervisors and male employees have to appreciate is that, when it comes to sexual harassment, it’s the female perception that counts.

Several federal courts have concluded that a “hostile environment” is whatever a “reasonable woman” sees as fitting that description. In being proactive with respect to sexual harassment, then, male supervisors have a difficult task: they must try to adopt a female perspective.

How do you heighten–or change–your sensitivity level to accomplish this objective? One possibility is to read You Just Don’t Understand: Women and Men in Conversation, by Deborah Tannen. This short book doesn’t address sexual harassment. But it does discuss differences in perception–and helps men understand women and women understand men better.

6) False Charges of Harassment

False accusations of sexual harassment are rare–but they occur. The motivations can be many: jealousy, ambition, dislike, or revenge, for example. Take all allegations of sexual harassment seriously. But be aware that the charge can be abused.

Naturally, such false allegations are unacceptable. An employee who makes a false accusation should be reprimanded–or dismissed. Check with your own supervisor or the EEO/AA Officer to determine the appropriate action.

Unfortunately, demonstrating that one employee has falsely accused another will prove very difficult. And certainty is required before an employee alleging harassment should be disciplined for a false allegation.