烟酒生
士为知己者装死，女为悦己者整容。一失足成千古风流人物。
4. Sexual Harassment
a. Company’s policy against Sexual Harassment
All associates shall be provided the opportunity to perform their jobs in an environment free from intimidation and/or sexual harassment. All personnel are responsible for assuring such an environment, including the absence of conduct that may be defined as sexual harassment.
b. What is Sexual Harassment
The Equal Employment Opportunity Commission (EEOC) defines Sexual harassment in its guidelines as:
“Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature.”
“Unwelcome” is the critical word above. A person may consent or agree to certain conduct and actively participate in it even though it is offensive and objectionable.
Therefore, sexual conduct is unwelcome whenever the person fact welcomed a request for a date, sex-oriented comment, or a joke depends on ALL of the circumstances.
Although sexual harassment has existed in the workplace for centuries, employers and managers alike are now forced to deal with the problem. It has been mandated that each and every working person have the legal right to work in an environment free from harassment on the basis of sex under the Title VII Civil Rights Act of 1964.
c. There are Two Types of Sexual Harassment
. Quid Pro Quo (Latin for “this for that”)
Conduct that is made either explicitly or implicitly a term or condition of employment.
OR
Submission to or rejection of sexual advances from a supervisor is used as the basis for employment or related decisions affecting the subordinate.
Examples :
o An applicant’s obtaining employment requires him/her to perform sexual favors.
o A supervisor demands sexual favors from an associate in return for preferential treatment such as:
. Good Shifts
. Favorable Stations
. Promotions
. Complimentary Meals
o An associate is retaliated against for refusing a supervisor’s sexual advance. (The EEOC looks upon retaliation harshly).
. Slower Shifts
. Smaller Stations
o Terminated
o A qualified associate is denied benefits as a result of another associate who agreed to sexual favors.
QUID PRO QUO HARASSMENT CAN BE PRACTICED ONLY BY A PERSON WHO IS IN A POSITION OF AUTHORITY OVER THE VICTIM
. Hostile Environment Harassment
Conduct that has the intent or impact of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment is called Hostile Environment Harassment. Unlawful hostile environment harassment may take several forms.
Examples:
. VERBAL
o Referring to an adult as a girl, hunk, doll, babe, or honey.
o Whistling at someone, catcalls, making kissing sounds, howling, and smacking lips.
o Discussing sexual activities or dating.
o Using condescending or demeaning terms to address other associates, i.e., “kiddo”, and “missy”.
o Telling sexual jokes and /or stories.
o Asking about sexual fantasies, preferences, or history.
o Making sexual comments about a person’s clothing, anatomy, or looks, commenting on physical attributes.
o Repeatedly asking out a person who is not interested.
o Telling lies or spreading rumors about a person’s sex life.
o Unwanted telephone calls.
o Using profane or vulgar language.
. NON-VERBAL
o Looking a person up and down (elevator eyes).
o Staring, gazing, or winking at a person in a way that implies a sexual message or relationship.
o Blocking a person’s path.
o Following a person.
o Giving personal gifts or letters.
o Displaying sexually suggestive visuals such as posters, cartoons, books, calendars, or drawings.
o Making sexual gestures with hands or through body movements.
. PHYSICAL
o Giving a massage around the neck or shoulders.
o Touching a person’s clothing, hair or body.
o Hanging around a person.
o Hugging, kissing, patting, stroking, tickling, or pinching.
o Touching or rubbing oneself sexually around another person.
o Standing close or brushing up against a person.
o Blocking normal movement.
o Actual or attempted rape or sexual assault.
CONDUCT CONSTITUTING HOSTILE ENVIRONMENT HARASSEMENT CAN BE COMMITED BY SUPERVISORS. FELLOW ASSOCIATES, GUESTS, OR VENDORS.
d. Preventing Sexual Harassment---A Management Responsibility
An employer is responsible for its acts and those of its supervisory associates with respect to sexual harassment. Someone is a supervisory associate if he or she has the power over other associates, including the power to make or substantially influence hiring, firing , scheduling, promotion, and compensation decisions.
The employer is responsible regardless of whether the specific acts complained of were authorized or even forbidden by the employer, and regardless of whether the employer actually knew or reasonably should have known of their occurrence.
Managers Should:
. UNDERSTAND
o Know the company’s policy on sexual harassment. Make sure you post this policy statement in a place where all associates will see it.
o Think about the impact versus the intent of what management and associates say and how it can affect an associate’s attitude toward work, job performance and self-esteem.
o Think about your own attitudes and feelings regarding sexual harassment.
o Do not assume that managers or associates enjoy sexually oriented behavior.
o Do no assume that mangers or associates will tell you when they are offended by something that is said.
. BE OBSERVENT
o Be conscious of what goes on around you. Watch and listen for the warning signs.
o Pay attention to the way your associates interact.
o Be sensitive to the way in which those who are more vulnerable may react to the behavior of others.
o Watch for the more subtle forms of sexual harassment and how they may negatively affect the work and self-esteem of those in your restaurant.
. EXAMPLE
You should set the example and be a role model. You may be unknowingly encouraging sexual harassment. Don’t encourage harassers by smiling, laughing at their jokes, or “flirting back.” This type of response can lead a harasser to think that you really enjoy this type of behavior at work.
o ZERO TOLERANCE
Exhibit the kind of behavior you expect of your associates. Remember you are their Role Model, and your associates learn a lot from the example you set.
o OPEN DOOR POLICY
Demonstrate your willingness to discuss the issue.
. TAKE ACTION
Let people know you will take immediate action if a case comes to your attention.
o NO RETALIATION
DO NOT retaliate against anyone who files a complaint of sexual harassment. Remember that RETALIATION can take the form of remarks made to the person filing the complaint, i.e., “Don’t talk to Joan---She’ll file a complaint against you.”
o TRAIN YOUR ASSOCIATES
Ensure that all associates know how and to whom to make a sexual harassment complaint.
e. What an Associate should do if they are Sexually Harassed
. Remain cool and professional.
. Be direct and candid with the person. Let their feelings be known by telling the offender and the Manager right away.
. When reporting the harassment, be prepared with all the facts surrounding the incident(s). Give the who, what, when, where and how.
f. What To Do If You Get A Sexual Harassment Complaint
(a). TALKING WITH THE ALLEGED RECIPIENT
HOW YOU INITIALLY RECEIVE A SEXUAL HARASSMENT COMPLIANT CAN EITHER ENCOURAGE OR DISCOURAGE THE ASSOCIATE FROM GIVING YOU THE OPPORTUNITY TO CORRECT THE SITUATION.
. When an associate come to you with a sexual harassment complaint, take the situation seriously. Remember that there are no stereotypical recipients of sexual harassment and there are no stereotypical sexual harassments.
To establish trust, let the complainant know you are sincerely concerned. There are some examples, but put them into your own words:
o You appreciate that he/she is bringing it to your attention.
o It is important that you are made aware of the situation.
o Every individual has the right to work in an environment free of sexual harassment.
o You realize how difficult this must be for the associate to discuss and you want to resolve the problem.
o “In order to help you, I am going to need a detailed explanation of what allegedly occurred.”
o If you feel it is too “big” for you to handle, tell the person you are turning it over to Human Resources Department who will respond immediately.
. Immediately assure the associate:
o Of confidentiality.
o Of a safe environment, ensure no retaliation.
o That the HR will be notified.
o That a thorough investigation will be conducted immediately.
. When a complaint is made, be sure that the associate is specific about the offensive conduct or statement. As uncomfortable as it may be for the associate, he/she has to tell you exactly what happened. Explain that you have to gather this information because you cannot investigate or stop the behavior if you don’t know what the harasser did.
Following are the types of questions you may ask the alleged recipient. LISTEN CAREFULLY AND TAKE NOTES. (Use your discretion on which questions to ask.)
o Who is the alleged harasser?
o What time did it happen?
o Where did it happen?
o Where were you?
o What were you doing?
o Where was the accused?
o What was shown, what was said?
o Where were you grabbed? (Be discreet, but get information)
o How did you respond?
o Did you ask him/her to stop?
o Did you tell anyone?
o Were there any witnesses?
o Has it happened before?
o Ask the recipient that questions again to see if their recall is the same or changes.
. Review your notes, DID YOU WRITE EVERYTHING DOWN?
. The severity of the situation will determine who conducts the investigation
o Management
o Area Manager
o Human Resources Department
Always NOTIFY HR when you receive a complaint!
HR will direct you as to the proper procedures.
(b). TALKING WITH THE ALLEGED HARASSER
. You must interview the alleged harasser.
o Keep the interview confidential and inform the person you are talking to that the conversation is confidential.
o Do not initially reveal the identity of the person who brought the complaint. Instead, describe the circumstances surrounding the complaint. For example, “Did you touch the back of a female who was standing in the side station around 10:00 a.m. this morning?”
o Be direct: For example, “You have been accused of inappropriate behavior. It may not have been your intention, yet the impact of your behavior may in fact be sexual harassment. Sexual harassment is serious, against the law, and it is a violation of company policy.”
o Be neutral.
o Stay on the topic. This is not the time to discuss other issues.
o If the person admits to the behavior , tell the person that the behavior must stop and that appropriate action is forthcoming.
o When dealing with an alleged harasser who denies the allegation, explain that there are two sides of the sotry and that you will be doing additional fact finding before making a determination.
o Emphasize: “Every individual has the right to work in an environment free of sexual harassment.”
o Emphasize: “Sexual harassment creates an environment of low morale, poor productivity and high associate turnover.”
o Emphasize: “Retaliation will not be tolerated.”
o Document the meeting with the alleged harasser.
o DID YOU WRITE EVERYTHING DOWN?
(c). TALKING WITH WITNESSES
You must interview all witnesses.
o Do not initially identify the alleged recipient or the alleged harasser. Say to the witness, “Your name has been given to me as a person who may have observed interaction between several associates and we’d like to talk to you about your observations.”
o Describe the situation and circumstances of the alleged harassment. For example, “Were you in the side station this morning about 10:00 a.m.?”
o Focus on the witnesses’ observations; not assumptions, hearsay, or opinions about the personalities of the people involved in the allegation.
o When dealing with any sexual harassment situation, talk in private and be discreet.
(d). FOLLOW UP WITH HUMAN RESOURCES AND THE ALLEGED HARASSER
- The statements you keep while investigating a charge of sexual harassment should be kept thorough and complete.
- You will need to write a memo to the HR outlining your conclusions at that time. Disciplinary action should be discussed with HR.
- When the complaint has been thoroughly investigated and you and HR have decided that disciplinary action is necessary, HR will assist you in the discipline process.
- Any records pertaining to the investigation should be kept separate from the associate’s personnel file. If the harasser repeats the behavior, you may have a record of prior incidents to justify termination; if the harasser reform, no one else needs to ever know about the behavior.
(e). FOLLOW UP WITH ALLEGED RECIPIENT
. Notify the victim that the incident has been investigated and that the appropriate action has been taken.
. Reinforce to the recipient to notify you if it happens again or any other sexual harassment takes place.
. THANK the alleged recipient for notifying you of the sexual harassment claim.
ALL CASES OF SEXUAL HARASSMENT, DISCRIMNATION, HARASSMENT, OR WORKPLACE VIOLANCE MUST BE REPORTED TO THE ASSOCIATE RELATIONS GROUP OF HR DEPARTMENT. THIS IS A MANDAROTY POLICY.
