Editors: Judith Bevis Langevin, Tina Burnside & Lawrence P. Schaefer
The new Second Edition of the Preventing and Addressing Workplace Sexual Harassment Handbook is written and edited by leading attorneys in the area of employment law. The Handbook continues to focus on the basic and evolving legal standards prohibiting sexual harassment in the workplace, as well as practice tips from experienced attorneys designed to highlight real-world application of these legal standards. It includes in-depth coverage of what constitutes unlawful sexual harassment; creating anti-harassment policies and complain procedures; sexual harassment training and how to build a workplace culture of safety and respect; conducting harassment investigations and response to claims; sexual harassment litigation; labor law and public sector considerations; the digital reach of workplace harassment; what to do when the alleged harasser is a senior executive; and how to deal with specific harassment victims including undocumented workers and individuals with disabilities. The Preventing and Addressing Workplace Sexual Harassment Handbook provides thorough, in-depth analysis of the issues surrounding workplace sexual harassment and how employers can create policies and procedures to prevent or attempt to address harassment. The chapters in the Handbook explore:
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CHAPTER 1
What Constitutes Unlawful Sexual Harassment
Unlawful Sexual Harassment: Defined; Legal Implications of the Harasser’s Role with the Company; Associated Civil Claims; Criminal Law Implications
– Samantha M. Rollins Murphy & David E. Schlesinger
CHAPTER 2
Anti-Harassment Policies, Complaint Procedures, and Culture
Introduction; Crafting Effective Anti-Harassment Policies; Receiving and Responding to Questions and Complaints; Creating a Positive Workplace Culture
– Jenny Gassman-Pines
CHAPTER 3
A Cultural Shift: Leveraging Training to Build a Culture of Safety and Respect
Introduction; EEOC Guidance on Sexual Harassment Training; Various Types of Harassment Training; The Use of Hypotheticals for Training; Supplemental Materials – Sample Training Agenda
– Fran A. Sepler
CHAPTER 4
Investigations and Response to Claims
Introduction; The EEOC’s Checklist for Harassment Investigations; Pre-Investigation; Investigation; Post-Investigation
– Sandra L. Jezierski
CHAPTER 5
Plaintiff and Defense Attorney Practice Pointers for Sexual Harassment Litigation
Introduction; Recent Developments; Pre-Suit Considerations; Pleadings; Written Discovery; Depositions; Motion Practice; Trial; Supplemental Materials – Past Precedent in Sexual Harassment Cases
– Jacqueline A. Mrachek & Lawrence P. Schaefer
CHAPTER 6
Labor Law Considerations
Introduction; Confidentiality Issues (Every Workplace); Concerted and Protected Activity (Every Workplace); The Duty to Bargain (Unionized Workplace); Weingarten Rights; Discipline, Discharge, and Arbitration (Unionized Workplace); Conclusion
– Jessica M. Marsh & Michael J. Moberg
CHAPTER 7
Public Sector Considerations
Introduction; Conducting Interviews; Collecting Information; Access to an Investigation; Other Considerations Unique to the Public Sector
– Dyan J. Ebert & Cally R. Kjellberg-Nelson
CHAPTER 8
The Digital Reach of Workplace Harassment
Introduction; New Forms of Communication, Same Legal Standards; Blurred Lines Between Work and Social Life in the Digital Age; Conclusion
– Judith Bevis Langevin & Nicholas G.B. May
CHAPTER 9
When the Alleged Harasser is a Senior Executive or Other Powerful Person
Introduction; The Fear of Retaliation and Reluctance to Reveal Facts; The Personality of the Accused Harasser – Challenges for Both Sides; Organizational Impact; Publicity; Proxy/Alter Ego and Personal Liability; New Cases and Theories to Consider
– Judith Bevis Langevin & Nicholas G.B. May
APPENDIX A
When the Victim of Harassment is an Undocumented Worker
Introduction; Protections for Undocumented Workers; Eligibility for Remedies; Initial Investigatory Issues; Heighted Retaliation Concerns; Discovery and Litigation Issues; Special Visas That May Be Available to Victims; Conclusion
– Brian Aust & Rebecca K. Bernhard
APPENDIX B
Sexual Harassment of Individuals with Disabilities
Introduction; Sexual Harassment Targeting Employees with Physical Disabilities; Sexual Harassment Targeting Employees with Mental Health or Cognitive Disabilities; Protecting Employees from Harassment by a Disabled Individual
– Frances E. Baillon & Phillip M. Kitzer
APPENDIX C
Harassment Based on Sexual Orientation or Gender Identity
Sexual Orientation and Gender Identity Harassment Under Title VII: An Overview; Federal Developments Under the Trump Administration; Sexual Orientation and Gender Identity Harassment Under Minnesota Law; Religious Exemptions; Practical Considerations
– Megan L. Anderson & Caitlin R. Gehlen
Table of Authorities
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