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> Sexual Harassment in the Workplace Guidelines
Sexual Harassment in the Workplace Guidelines
TABLE OF CONTENTS
INTRODUCTION
SEXUAL HARASSMENT
Generally
Quid Pro Quo
Harassment
Hostile Work Environment
Conduct of a Sexual Nature
Welcomeness
Conduct Creating a Hostile Work Environment
Conduct that Interferes with an Individual's Ability to Perform Her Job
Same-Sex Sexual Harassment
Sexual Harassment Outside of the Workplace
EMPLOYER LIABILITY
Generally
Employers Are Liable for Harassment by Persons With Supervisory Authority
Employers Are Liable for Sexual Harassment in Other Circumstances
INDIVIDUAL LIABILITY FOR SEXUAL HARASSMENT
Individuals May be Liable as the Employer
Individuals May Be LiableUnder Chapter 151B, Section 4(4A)
Individuals May Be Liable Under Chapter 151B, Section 4(5) ("Aiding and Abetting" liability)
EMPLOYERS' SEXUAL HARASSMENT PoLICIES AND COMPLAINT PROCEDURES
Sexual Harassment Policy
Sexual Harassment Training and Education
Sexual Harassment Complaint Procedure
Employers Should Designate Person(s) to Receive Complaints of Sexual Harassment
Duties of Persons Receiving Complaints of Sexual Harassment
INVESTIGATING SEXUAL HARASSMENT COMPLAINTS
Preliminary Issues
Conducting The Investigation
The Investigative File
Special Issues Regarding the Investigation
Confidentiality
Interim Measures Pending the Outcome of the Investigation
Reaching a Determination
Appropriate Remedial Action
STATUTE OF LIMITATIONS
Timeframe for Filing a Claim
The Continuing Violations Doctrine
Serial Violation
At Least One Instance of Sexually Harassing Conduct Within the Applicable LImitations Period
The Conduct Must Be Substantially Related and Recurrent
The Complainant's Delay in Filing the Charge Must Not Be Unreasonable
Systemic Violations
CONSTRUCTIVE DISCHARGE
RETALIATION
Protected Activity
Adverse Action
Causation
Coercion, Intimidation, Threats or Interference
Frivulous Claims
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