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Author Credentials
Dr. Smiley-Marquez has 22-years experience in the fields of diversity, equal opportunity, discrimination prevention and bias reduction. She provides discrimination complaint and personnel grievance investigation and resolution services to agencies of the federal government, to state and local governments and to private employers.
With the Colorado Civil Rights Commission, she participated in all phases of the intake, early resolution, investigation, reporting and conciliation processes and provided advanced training for investigators of the Civil Rights Division and, by request, for the Equal Employment Opportunity Commission and the Office for Federal Contract Compliance as well as to over 150 employers, housing providers and providers of public accommodations throughout Colorado.
Smiley & Co, Ltd. clients have included Denver Water Department, Denver Wastewater Management Department, City and County of Los Angeles Department of Water and Power, City of Aurora Fire De-partment, City of Grand Junction, Regional Transportation District, National Park Service, U.S. De-partment of Agriculture Delta NIRI, Kaibob-Paiute Tribes and the U.S. Fish & Wildlife Service.
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Preventing & Addressing Sexual Harassment:
A Practical Guide for Employers
A detailed table of contents and margin notes makes this guidebook accessible to and usable by EEO and HR professionals, trainers and all levels of employees, managers, supervisors and employees.
The guide can be personalized to include reference to your state's law and include reference to your organization's policies and procedures. A
customized cover for your organization can be provided on request.
Table of Contents
Why Learn About Sexual Harassment
Knowledge,
Prevention are Best Defense Vicarious Liability and Affirmative
Defense Tip of the Iceberg EEOC Charges 1991-2001 Who is
Harassing? Why Do They Harass? Who is Harassed? What Does
Harassment Cost? Some Damages Capped Punitive Damages Deter
Future Harassment Front Pay, However, is Not Limited Uncapped
Damages Under State Law Examples of the Cost of Sexual Harassment
President Fired and Sued by Astra Manager Behavior Equals
Organizational Liability More Common Than You May Think
Harassment is Under-Reported Reasons for Under-Reporting
Gender-Based Harassment EEOC Charges Have Increased Number of
Sexual Harassment Charges Women's Share of the Workforce Increases
Diversity in the Workplace Brings New Elements
Terminology
Prejudice Sexism Sex Discrimination Gender Harassment
Sexual Orientation Discrimination
Legal Definition of Sexual Harassment
Sexual
Harassment
Official Text of the Sexual Harassment
Guidelines
Unwelcome Quid Pro Quo Hostile Work
Environment
EEOC Guidance: Retaliation
Definition
Examples Proof of Causal Connection
More About
Unwelcome
Unwelcomeness A Protest or Complaint
Shows Unwelcomeness Why Harassed Employees Don't Complain
Employers Cannot Require Employees to Confront Harassers When
Employees Join in the Conduct Humor or Harassment
More About
Sexual
The Sexual Nature of Conduct The Sex of the
Recipient Nonsexual Gender-Based Harassment Employee
Relationships
Quid Pro Quo Sexual
Harassment
Quid Pro Quo Example: Quid Pro
Quo?
Hostile Environment
Sexual Harassment
Hostile Environment Harassment
Duty of Care Managers Have a Greater Duty of Care Other
Forms of Illegal Harassment EEOC Guidelines Questions Asked by
EEOC Investigators Hostile Environment and Cummulative Stress
Example: Hostile Environment? Women Experience Threat of
Violence Targeted and Non-targeted Harassment Non-targeted
Hostile Environment Sexual Harassment Unwanted Touching
Verbal Conduct Standards are Higher for Supervisors
Sexually-Explicit Visual Material When Women Enter All-Male
Workplaces Men Appreciate a Respectful Workplace Intent versus
Impact Oversensitive Employees Isolated Incidents
Retaliation Constructive Discharge
About Favoritism as
Sexual Harassment
Favoritism Favoritism Can Be Quid
Pro Quo Harassment Favoritism Can Be Hostile Environment
Preference Example 1: Quid Pro Quo Example 2: Hostile
Environment Take Supervisor-Employee Romances Seriously
The U.S. Supreme Court
Has Addressed Harassment
Meritor Savings Bank v. Vinson
Harris v. Forklift Systems, Inc. Four Factor Analysis for
Hostile Environment Oncale v. Sundowner Offshore Services,
Inc.
Same Sex Harassment
Recognized Under Title VII
Men Reporting
Harassment
Number of Complaints Filed by Men 1992-2001
Sexual Orientation
Harassment
States That Prohibit Sexual Orientation
Discrimination Executive Order 13087 amends E.O. 11478
Who is LIable for Sexual
Harassment
Agents of the Employer Who is a
Supervisor? Actions and Inactions Constructive Knowledge
Known or Should Have Known Putting a Complaint on Hold When a
Formal Charge Is Filed Harassment by Co-worker/s Harassment by
Non-employees Economic Harm or Job Loss What About
Retaliation?
Is It Flirtation or
Sexual Harassment
The "Reasonable Person" Standard
Friendly Behavior Flirtation Sexual Talk or Play at Work
Example: Hostile Environment
Sexual Harassment is
About Power
Experience of the Receiver Rumors and
Romance Privacy Statutes Failed Affairs
What the Courts Have
Said About Harassment
Monge v. Beebe Rubber Co.
Tompkins v. Public Service Electric & Gas Co. Miller v. Bank of
America Bundy v. Jackson Rogers v. Loews LEnfant Plaza Hotel
Wright v. Methodist Youth Services NLRB v. Downslope
Industries, Inc Katz v. Dole Davis v. United States Steel Corp.
Meritor Savings Bank v. Michelle Vinson Boyd v. James S. Hayes
Living Health Care ODell v. Basabe Ross v. Double Diamond,
Inc. Valdez, et.al., v. Churchs Fried Chicken, Inc. Stockley
v. AT&T Information Systems, Inc. Hall, et.al. v. Gus Construction
Co. Strout v. Black Clawson Company Brocerick v. Ruder
Steele v. Offshore Shipbuilding, Inc., et.al. Pease v. Alford
Photo Industries Nelson v. Reisher Morgan v. Massachusetts
General Hospital Ellison v. Brady Robinson v. Jacksonville
Shipyards, Inc. Jenson v. Eveleth Taconite Co. Briggs v. Surrey
Broadcasting Co. Harris v. Forklift Systems Hukkanen v. Intl
Union of Operating Local 101 Burns v. McGregor Electric Industry
Jenson v. Eveleth Taconite Co. Landgraf v. USI Film Products
Jones v. Aspin Karibian v. Columbia University McCoy v.
Johnson Controls World Services, Inc. Oncale v. Sundowner Offshore
Services, Inc. Burlington Industries v. Ellerth Faragher v.
Boca Raton Pollard v. DuPont
Harassment Victims May
File State Tort Claims
Make Whole Tort Actions
Theories of Employer Responsibility Assault Battery
Intentional Infliction of Emotional Distress Defamation
Negligent Hiring, Supervision, Retention Invasion of Privacy
Conspiracy to Harm the Employment of Another Abrogation of
Duty
Other Forms of
Harassment Also Unlawful
Harassment on the Basis of
Race or Color, Gender, Religion, National Origin, Age or
Disability
Preventing Sexual
Harassment
Comprehensive Approach Develop a Policy
A Policy Will Not Protect Employers An Effective Policy
Provide a Clear Definition Include Favoritism and Third Party
Harassment Provide Details and Examples Make the Policy
Understandable and the Consequences Clear Disappearing Complaints
Provide Training for Managers and Supervisors Provide Training
on Sexual Harassment for Employees Remedial Actions
Disciplinary Actions Follow-Up Quickly Investigate All
Claims and Conduct Fair Credit Reporting Act Investigators Are
Bound by Limits of Qualified Privilege Wrong Response: Slow Action
to Stop Harassment Wrong Response: Stop Actions Wrong Response:
Weak Action to Stop Harassment Wrong Response: Making Promises
Right Response: Follow Procedures Right Response: Observe
Confidentiality Right Response: Due Process Right Response: Do
Something the Right Size Right Response: Right Size Discipline
Right Response: Encourage Communication Right Response:
Document Right Response: Monitor and Follow-Up Right Response:
Training Right Response: Respectful Workplace-Safe
Workplace
Preventing & Addressing Sexual Harassment:
A Practical Guide for Employers
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