University of California Cooperative
Extension
AGRICULTURAL PERSONNEL
MANAGEMENT PROGRAM
Steve Sutter, Area Personnel Management Farm Advisor
1720 South Maple Avenue, Fresno, California 93702
Phone: (559) 456-7560 (direct Line, with answering machine) or (559) 456-7285
FAX (559) 456-7575
http://are.berkeley.edu/APMP/ e-mail srsutter@ucdavis.edu
Prepared by
Steve Sutter, Area Personnel Management Farm Advisor
for UCCE "Improving Your Supervisory Skills" seminar
Stockton, California, March 24, 1993, Revised August 2000
SEXUAL HARASSMENT: IT HAPPENS IN AGRICULTURE
Four farm workers participating in an AgSafe forum, presented a list of workers' issues. One concern was sexual harassment.
California employers are now obligated by law to communicate information about sexual harassment to all employees, including undocumented aliens. Agricultural employers should include rules related to sexual harassment in setting performance and conduct standards, and communicate their policy.
Sexual harassment cases filed with the Department of Fair Employment and Housing rose from 1,457 in 1990 to 3,824 in 1999. Similar data are unavailable from the Equal Employment Opportunity Commission. In California, employees have up to a year to file a complaint with agencies.
Sexual harassment may include unwelcome advances by supervisors or co-workers at work, at work-related activities, and after hours. The challenged conduct, including comments, jokes, and romantic letters, must be unwelcome in that the employee didn't solicit or incite it, and the employee regarded it as undesirable or offensive.
Supervisors can be held personally liable for their offensive conduct, or for tolerating such behavior. Tolerating or committing offensive acts may cost them their house or boat, along with their job.
Courts are likely to give serious consideration to whether the employer learned of the problem as soon as it should have, if the offender was disciplined promptly, how the victim was treated, and if efforts were made to prevent future problems. Costs of losing a sexual harassment case can be substantial as they can include not only back pay, but damages for pain and suffering, and punitive damages.
Most victims are sexually harassed by persons of the opposite sex who are married and older than the victim. One survey found 76 percent who reported a sexual harassment incident were under age 35 at the time of the incident.
Sexual harassment may include derogatory remarks about womens' inferiority, frivolousness, or emotionalism. Sexual touching or remarks may not be intended to harass, but if those actions have the effect of making the recipient feel uncomfortable, humiliated, embarrassed, or unsafe in her work surroundings, they are harassment. Victim's perceptions count.
Supervisors must avoid behaviors that may be sexual harassment, recognize and work to end other's harassment, and react appropriately to persons who disclose harassment. Supervisors should be trained on the definition of sexual harassment, its illegality and inappropriateness, and its business cost in lower productivity and morale, stress-related workers' compensation claims, damaging publicity, and possible litigation.
Sexual harassment laws are not made to protect the rare hypersensitive employee, but male supervisors should realize courts have begun looking at whether conduct would offend a "reasonable woman," rather than a gender-neutral "reasonable person."
Unwelcome, intentional touching of an employee's intimate body areas is sufficiently offensive to be hostile environment sexual harassment. More so than verbal remarks or advances, a single unwelcome touching can seriously poison the victim's work situation. If a supervisor sexually touches an employee, government agencies normally find sexual harassment.
A woman may be promoted because she submits to unwelcome requests for sexual favors from a supervisor. Under those circumstances, both female and male co-workers can allege sexual harassment by showing they were denied a chance at promotion because of the sexual harassment directed toward the one female employee.
Cases related to consensual sexual relationships between a supervisor and a subordinate given preferential treatment, however, have so far failed to persuade courts that a hostile environment for other employees was created.
Flirtation, innuendo, even vulgar language that is trivial or merely annoying, may not meet the legal definition of a "hostile environment," but can still be prohibited by an employer. Although sexual attraction is often part of employees' social exchange, workplace sexual activity is generally not advised. What is invited today, could be unwelcome tomorrow.
Employers should have an open door policy and investigation procedures that employees trust. Consider including at least one female to take complaints. Most victims are female and may feel reluctant to report incidents to a male. The policy should be announced initially and reviewed periodically in small group employee meetings.
If it is determined that sexual harassment allegations are true, take corrective action that you feel will end the harassment. The more severe the harassment, the more severe the discipline should be. To lessen the chance of being liable for charges of discrimination by the alleged harasser because of his/her race, national origin, age, etc., be consistent in disciplinary actions. Follow-up to see if the harassment has stopped.
If you are unable to draw a conclusion in a case, consider nondisciplinary action such as transfers, rescheduling, and reassignment of duties to prevent contact between the parties. In any event, promptly notify the complainant of the result.
Although this Model Guideline may be used by non-attorney human resources professionals, any written policy should be reviewed by experienced legal counsel before the employer finalizes it and distributes it for use.
MODEL POLICY AGAINST HARASSMENT
___________is committed to providing a workplace free of sexual harassment as well as harassment based on such factors as race, color, religion, national origin, ancestry, age, medical condition, marital status, handicap, or veteran status. ____________________________________ strongly disapproves of and will not tolerate harassment of employees by managers, supervisors, or co-workers. ____________________________________ will also attempt to protect employees from harassment by non-employees in the workplace.
Harassment includes verbal, physical, and visual conduct that creates an intimidating, offensive, or hostile working environment or that interferes with work performance. Some examples include racial slurs; ethnic jokes; posting of offensive statements, posters, or cartoons; or other similar conduct. 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 of 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.
Any incident of harassment, including work-related harassment by any ____________________________________ personnel or any other person, should be reported promptly to the employee's supervisor or manager (or to any other member of management) and/or to ____________________________________ , who is responsible for investigating the matter. Managers who receive complaints or who observe harassing conduct should inform ____________________________________ immediately. ____________________________________ emphasizes that an employee is not required to complain first to his or her supervisor if that supervisor is the individual who is harassing the employee.
Every complaint of harassment that is reported to __________________________________ will be investigated thoroughly, promptly, and in a confidential manner. In addition, ____________________________________ will not tolerate retaliation against any employee for making a complaint to ____________________________________ or to any other manager.
In the case of ____________________________________ employees, if harassment is established, ____________________________________ will discipline the offender. Disciplinary action for a violation of this policy can range from verbal or written warnings up to and including immediate termination, depending upon the circumstances. (With regard to acts of harassment by customers or vendors, corrective action will be taken after consultation with the appropriate management personnel.)
Appreciation is expressed to Myriam Grajales-Hall, Information Representative, Spanish Language Services, University of California Cooperative Extension, for this translation.
MODELO DE NORMAS SOBRE EL HOSTIGAMIENTO
____________________________________________ está dedicada a proporcionar un lugar de trabajo libre de hostigamiento sexual, al igual que hostigamiento relacionado con factores tales como raza, color, religión, origen nacional, ascendencia, edad, problemas de salud, estado civil, impedimento o condición de veterano. ____________________________________________ condena severamente y no tolerará el acosamiento de empleados por parte de administradores, supervisores o compañeros de trabajo. ____________________________________________ tratará también de proteger a los empleados de hostigamiento en el trabajo por parte de personas ajenas a la compañía.
El hostigamiento incluye conducta o comportamiento verbal, físico y visual que pueda crear una atmósfera de trabajo amenazante, ofensiva u hostil, o que interfiera con el desempeño en el trabajo. Algunos ejemplos incluyen: difamación o burlas de carácter racial, chistes o bromas étnicos, fijar declaraciones, carteles o caricaturas ofensivas y otro comportamiento similar. Insinuaciones sexuales inoportunas, pedidos de favores sexuales y otra conducta verbal o física de naturaleza sexual constituyen hostigamiento sexual cuando (1) el someterse a tal tipo de conducta se considera, explícita o implícitamente, como una de las condiciones o requisitos de empleo del individuo; (2) la aceptación o rechazo de tal comportamiento por parte de un individuo se tiene en cuenta al tomar decisiones relacionadas con el empleo de dicho individuo, o (3) tal conducta tiene el propósito o efecto de interferir desmedidamente con el rendimiento laboral del empleado o de crear una atomósfera de trabajo amenazante, hostil u ofensiva.
Cualquier incidente de hostigamiento, inclusive acosamiento relacionado con el trabajo y perpetrado por cualquier miembro del personal de ____________________________________________ o cualquier otra persona, debe ser reportado prontamente al gerente o supervisor del empleado (o a cualquier otro miembro de la administración) y/o a ____________________________________________ quien es responsable de investigar la cuestión. Los administradores que reciban quejas o que observen una conducta de hostigamiento deben informar a ____________________________________________ inmediatamente.
____________________________________________ reitera que un empleado no está obligado a presentar la queja primero a su supervisor, si dicho supervisor es la persona que ha acosado al empleado.
Toda queja de hostigamiento que sea reportada a ____________________________________________ será investigada a fondo, rápida y confidencialmente. Además, ____________________________________________ no tolerará represalias en contra de cualquier empleado que presente una queja a ____________________________________________ o a cualquier otro adminstrador.
Cuando se trate de empleados de _________________________________________,
y si se determina que hubo hostigamiento, ________________________________________ disciplinará al responsable de la ofensa. Las medidas disciplinarias por una violación a estas normas pueden incluir desde advertencias verbales o por escrito hasta el despido inmediato, de acuerdo a las circumstancias. (Respecto a incidentes de hostigamiento por parte de clientes o vendedores, se tomará la medida correctiva después de consultar con el personal administrativo indicado).
SUPERVISOR'S GUIDE
SEXUAL HARASSMENT INVESTIGATION
For Discussion Purposes
The first step in investigating a sexual harassment allegation is to understand what constitutes sexual harassment. Start with the Equal Employment Opportunity Commission's (EEOCs) regulations and examples.
Your first response to a sexual harassment complaint should be to listen. You do not have to decide on-the-spot if the complaint is valid. Treat the complaint seriously, with professionalism. Do not express your opinion.
Put the complainant at ease. Acknowledge sexual harassment complaints are difficult; it is normal to feel uneasy. Do not get caught up in emotions. Have a copy of the written policy against harassment at hand.
To avoid a defamation suit, make no statements about the accused's character, job performance or family life.
Explain to the complainant that the charges are serious and that the company will conduct a thorough investigation before reaching any conclusions, and that she or he will not be retaliated against for making the complaint.
Conduct a prompt investigation of each allegation -- within 1 week of being advised of the situation. Keep facts uncovered under a strict "need to know" basis as much as possible.
Emphasize to all involved, including witnesses, of the need to keep discussions confidential, with warnings of discipline if necessary. To avoid defamation liability, never broadcast the facts or results of a given situation as part of training.
First, some general questions follow.
(1) Are there any discipline problems concerning the accused?
(2) Are there any discipline problems concerning the complainant?
(3) Does the accused's supervisor have any knowledge of the relationship between the parties?
(4) Was the supervisor in a position to hear about or observe the conduct?
Interviewing the Alleged Recipient
(5) What was said or done?
(6) Where and when did it happen?
(7) Where was the complainant touched?
(8) What were the dates or period over which the conduct happened?
(9) Was there was a pattern of previous episodes, or was this an isolated incident?
(10) Is the complainant aware of similar behavior by the accused towards any other employee?
(11) Did the conduct take place at a work-related function?
(12) Did the conduct take place during working time?
(13) Did the conduct take place after hours?
(14) What's the effect of the conduct on the complainant (economic, non-economic and/or psychological)?
(15) Was the conduct received as a joke, was it really unwelcome, did it embarrass, frighten or humiliate the complainant?
(Often complainants contend, while they may have voluntarily given in to the demands made of them, they did so out of fear. Remember, the real issue is not if the behavior was voluntary or involuntary, but if it was unwelcome.)
(16) Were persons of the opposite sex from the complainant subjected to similar conduct, or were they treated differently by the alleged harasser?
(17) If there was a time lag between the occurrence and the report, why did the complainant wait so long before reporting the situation?
(18) Were there certain events (motives) triggering the complaint such as a denial of promotion, pay raise, or transfer?
(19) Is there any documentation or other physical evidence of the incident?
(20) Is the employee afraid of retaliation?
(21) Can the complainant continue to work productively for or with the accused without embarrassment or awkwardness?
(22) What does the employee want to happen to resolve the problem?
(23) Does the complainant need counseling?
Interviewing Witnesses
Obtain statements from any witnesses supporting or denying the complainant's allegations. This evidence is critical. Without it, it's simply the complainant's word against that of the accused.
Witnesses are often reluctant to come forward out of fear of reprisal. Assure witnesses their cooperation is important, and they will not be retaliated against. Make no promises of confidentiality, but protect confidentiality to the extent possible.
Interviewing the Alleged Harasser
Typically, interviewing the alleged harasser should be the last interview, so that all the particulars of the complaint can be detailed, and feedback can be given by the alleged harasser.
(24) Get a statement from the accused. Was the accused a supervisor, co-worker, or a non-employee?
(25) Was there any prior consensual relationship between the parties?
(26) How long have the parties known each other?
(27) Is there a history of group or individual socializing?
(28) Does the accused direct, or have responsibility for work of other employees or the complainant, have authority to recommend employment decisions affecting others (hiring, firing, promoting), or is responsible for the maintenance of records of others?
If the individual was a supervisor, indicate the individual's job title, get a copy of the individual's job description, and determine the individual's specific duties at the time of the alleged harassment.
Describe details of the allegation.
Expect the accused to deny the charges. Observe the reaction. Note if there's surprise, anger, or disbelief.
Note the areas of disagreement between the testimony of both parties. If the accused denies the allegation, probe further to determine with the accused the background, reasons, and motivation that could possibly trigger the complaint.
Resolving the Complaint
When attempting resolve the complaint, avoid requiring the complainant to work less desirable hours or in a less desirable location. If you offer to transfer the complainant, try to get the complainant's consent, and make sure the transfer position is substantially like the complainant's former position. This helps ensure the complainant is not being illegally punished for opposing harassment.
Consider the severity, frequency and pervasiveness of the conduct when imposing discipline on the harasser. There are several disciplinary options available, including oral and written warnings, reprimands, suspension, probation and, depending on the severity of the problem, transferring, demoting, suspending, or discharging the accused.
When imposing discipline on the accused, any forms of discipline short of discharge should be accompanied with a warning that similar conduct in the future may result in immediate discharge.
Finally, conduct follow-up interviews with the parties to inform them of the company actions.
SEXUAL HARASSMENT INVESTIGATION
All information provided during the course of this investigation will be kept confidential, to the extent possible. No action will be taken against individuals who lodge good faith complaints of harassment. The Company depends upon your providing truthful and accurate information to allow it to conduct a full and fair investigation.
Name of employee with complaint:______________________________________
Employee against whom complaint is made:______________________________
Please describe in your own words exactly what occurred, noting dates and times of each action:
Were there any witnesses to any of the actions described above? ___ No ___ Yes
If yes, please identify each individual and what he or she witnessed:
1. Witness Name: _________________________________Actions observed:
2. Witness Name: _________________________________Actions observed:
3. Witness Name: _________________________________Actions observed:
Signature________________________________________ Date:
COMPANY HARASSMENT INVESTIGATION
Employee Name:________________________________ ID No: Supervisor:_____________________________________ Dept:
Complaining of:_________________________________ ID No:
Date of complaint:_________________Complaint made to:
Briefly summarize each action about which the employee complains:
| Incident | Date | Time | Witnesses |
Action Taken
Note what action, if any, was taken and the reasons supporting that action:
Witness Statements
Name of Employee: _______________________________ ID No: _______________
Date interviewed:____________________By whom:
Briefly summarize the information, if any, provided by the witness:
Name of Employee: _______________________________ ID No: _______________
Date interviewed:____________________By whom:
Briefly summarize the information, if any, provided by the witness:
Name of Employee: _______________________________ ID No: _______________
Date interviewed:____________________By whom:
Briefly summarize the information, if any, provided by the witness:
Name of Employee: _______________________________ ID No: _______________
Date interviewed:____________________By whom:
Briefly summarize the information, if any, provided by the witness:
EMPLOYEE WARNING RECORD
Sample Farming Corporation
Employee's Name Payroll No.
Date of Violation: Time of Violation:
Place Violation Occurred:
Nature of Violation:
Witness(es)
Company Remarks
Has employee been warned previously? q Yes q No
If yes, when and by whom:
1st warning
2nd warning
3rd warning
EMPLOYEE'S REMARKS REGARDING VIOLATION
The absence of any statement on the part of the EMPLOYEE indicates his/her agreement with the report as stated.
I have entered my version of the matter above.
Employee's Signature Date
ACTION TO BE TAKEN
Approved by Title Date
I HAVE READ THIS WARNING AND UNDERSTAND IT.
Employee's Signature Date
RECORD DE ADVERTENCIAS AL EMPLEADO
Muestra de Corporación de Agricultura
Nombre del Empleado No. de Nómina
Fecha de Violación Hora de Violación
Lugar de Violación
Clase de Violación
Testigo (s)
NOTAS DE LA COMPANIA
¿Se le ha advertido al empleado anteriormente? q Sí q No
Si sí, cuándo y por quién:
Primera advertensia
Segunda advertensia
Tercera advertensia
EN CUANTO NOTAS DEL EMPLEADO A LA VIOLACION
La ausenciade de alguna afirmación a parte del EMPLEADO indica su acuerdo con este reporte como escrito.
E dado mí versión sobre el asunto ya mencionado.
Firma del empleado Fecha
ACCION A SER TOMADA
Aprovado por Título Fecha
YO E LEIDO ESTA ADVERTENCIA Y LA ENTIENDO
Firma del Empleado Fecha
EEOC SEXUAL HARASSMENT REGULATIONS
29 CFR 1604.11 Sexual harassment.
(a) Harassment on the basis of sex is a violation of section 703 of title VII.(1) 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 of 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.
(b) In determining whether alleged conduct constitutes sexual harassment, the Commission will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis.
(c) Applying general title VII principles, an employer, employment agency, joint apprenticeship committee or labor organization (hereinafter collectively referred to as "employer") is responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment regardless of whether the specific acts complained of were authorized or even forbidden by the employer and regardless of whether the employer knew or should have known of their occurrence. The Commission with examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether an individual acts in either a supervisory or agency capacity.
(d) With respect to conduct between fellow employees, an employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action.
(e) An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases the Commission will consider the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of such non-employees.
(f) Prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under title VII, and developing methods to sensitize all concerned.
(g) Other related practices: Where employment opportunities or benefits are granted because of an individual's submission to the employer's sexual advances or requests for sexual favors, the employer may be held liable for unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity or benefit.
Sexual Harassment Examples
Illustrations provided by the EEOC
Guidance on identifying sexual harassment is also provided by the Equal Employment Opportunity Commission. The following examples of sexual harassment are quoted from EEOC guidelines.
Sexual Favoritism
Example 1 - (Mary) alleges that she lost a promotion for which she was qualified because the co-worker who obtained the promotion was engaged in a sexual relationship with their supervisor. EEOC's investigation discloses that the relationship at issue was consensual and that the supervisor had never subjected (Mary's) co-worker or any other employee to unwelcome sexual advances. The commission would find no violation of Title VII in these circumstances, because men and women were equally disadvantaged by the supervisor's conduct for reasons other than their genders.
Even if (Mary) is genuinely offended by the supervisor's conduct, she has no Title VII claim.
Example 2 - Same as above, except the relationship at issue was not consensual. Instead, (Mary's) supervisor regularly harassed the co-worker in front of other employees, demanded sexual favors as a condition for her promotion, and the audibly boasted about his "conquest." In these circumstances, (Mary) may be able to establish a violation of Title VII by showing that in order to have obtained the promotion, it would have been necessary to grant sexual favors. In addition, she and other qualified men and women who were denied the promotion would have standing to challenge the favoritism on the basis that they were injured as a result of the discrimination leveled against their co-worker.
Example 3 - Same as Example 1, except (Mary's) supervisor and other management personnel regularly solicited sexual favors from subordinate employees and offered job opportunities to those who complied. Some of those employees willingly consented to the sexual requests and in turn received promotions and awards. Others consented because they recognized that their opportunities for advancement would otherwise be limited. (Mary), who did not welcome this conduct, was not approached for sexual favors. However, she and other female and male co-workers may be able to establish that the conduct created a hostile work environment. She can also claim that, by the conduct, the managers communicated to all female employees that they can obtain job benefits only by acquiescing in sexual conduct.
(EEOC Policy Guidance, N-915.048, January 1990)
RULES
RULE #1: AN EMPLOYER IS LEGALLY LIABLE FOR THE SEXUAL HARASSMENT OF ITS EMPLOYEES BY SUPERVISORY PERSONNEL EVEN IF IT HAD NO NOTICE OF THE ILLEGAL CONDUCT.
RULE #2: AN EMPLOYER MAY NOT BE LIABLE FOR ACTIONS BY ITS SUPERVISORS IF THE ILLEGAL CONDUCT CREATED A "HOSTILE, OFFENSIVE AND INTIMIDATING WORK ENVIRONMENT" AND THE EMPLOYER HAD NO NOTICE OF THE CONDUCT.
RULE #3 AN EMPLOYER IS LEGALLY LIABLE FOR THE SEXUAL HARASSMENT OF ITS EMPLOYEES BY CO-WORKERS ONLY IF IT HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE AND DID NOT TAKE IMMEDIATE CORRECTIVE ACTION.
RULE #4 AN EMPLOYER IS LIABLE FOR THE ACTS OF NONEMPLOYEES WHO SEXUALLY HARASS EMPLOYEES IN ITS WORKPLACE ONLY IF THE EMPLOYER HAS ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE HARASSMENT AND HAS FAILED TO TAKE IMMEDIATE AND APPROPRIATE CORRECTIVE ACTION.
RULE #5 AN EMPLOYER MAY BE LEGALLY LIABLE FOR UNLAWFUL SEX DISCRIMINATION IF IT GIVES EMPLOYMENT OPPORTUNITIES OR BENEFITS TO EMPLOYEES WHO SUBMITTED TO SEXUAL ADVANCES BUT NOT TO OTHER EMPLOYEES, WHO WERE QUALIFIED BUT DENIED, THOSE EMPLOYMENT OPPORTUNITIES OR BENEFITS.
REGLAS
REGLA #1 UN EMPLEADOR ES LEGALMENTE RESPONSABLE POR LAS ACTIVIDADES DE ACOSO U HOSTIGAMIENTO SEXUAL DE SU PERSONAL DE SUPERVISION CONTRA SUS EMPLEADOS, AUN CUANDO NO HAYA SIDO INFORMADO DE LA CONDUCTA ILEGAL.
REGLA #2 UN EMPLEADOR PUEDE QUE NO SEA RESPONSABLE DEL COMPORTAMIENTO DE SUS SUPERVISORES SI, LA CONDUCTA ILEGAL CREO UN "AMBIENTE DE TRABAJO HOSTIL, OFENSIVO E INTIMIDANTE" Y EL EMPLEADOR NO FUE INFORMADO DE DICHO COMPORTAMIENTO.
REGLA #3 UN EMPLEADOR ES LEGALMENTE RESPONSABLE POR EL ACOSO U HOSTIGAMIENTO SEXUAL CONTRA SUS TRABAJADORES POR PARTE DE COMPANEROS DE TRABAJO, SOLO SI TENIA CONOCIMIENTO CONCRETO O CONSTRUCTIVO, Y NO TOMO UNA ACCION INMEDIATA PARA CORREGIRLO.
REGLA #4 UN EMPLEADOR ES RESPONSABLE POR EL COMPORTAMIENTO DE PERSONAS NO EMPLEADAS POR EL QUIENES ACOSAN SEXUALMENTE A TRABAJADORES EN SU LUGAR DE TRABAJO SOLAMENTE SI EL EMPLEADOR TIENE CONOCIMIENTO CONCRETO O CONSTRUCTIVO DEL ACOSO Y NO HA HECHO NADA PARA TOMAR UNA ACCION INMEDIATA Y APROPIADA PARA CORREGIR ESE COMPORTAMIENTO.
REGLA #5 UN EMPLEADOR PODRIA SER LEGALMENTE RESPONSABLE POR LA DISCRIMINACION SEXUAL ILEGAL SI LE DA OPORTUNIDADES DE EMPLEO O BENEFICIOS A LOS TRABAJADORES QUIENES SE SOMETIERON AL ACOSO SEXUAL, PERO NO A LOS DEMAS TRABAJADORES, QUIENES ESTABAN CAPACITADOS, PERO SE LES NEGARON ESAS OPORTUNIDADES DE EMPLEO O BENEFICIOS.
1The principles involved here continue to apply to race, color, religion or national origin.