General Information Sexual continues to be a concern in the . In 2011, nearly 11,500 charges were filed with the Sexual harassment in the workplace is illegal. Equal Opportunity Commission and work-sharing agencies such as the North Dakota Department of It is a form of prohibited by Labor and . and prompt action can help you avoid becoming part of the statistics. Title VII of the , as amended, as well as the North Dakota organization who has the power to Prevention of Sexual Harassment control the victim’s destiny. Human Rights Act as stated in North Dakota Employees: Century Code Chapter 14-02.4. Hostile Environment: When unwelcome • Conduct yourself professionally. sexual conduct unreasonably interferes with Section 703(a) (1) of Title VII states, “It shall the individual’s work performance or creates • Become familiar with your company’s be unlawful employment practice for an an intimidating, hostile, or offensive working procedures for reporting harassment. employer to fail or refuse to hire or to environment. • Decide ahead of time what action you discharge any individual or otherwise to  An example of this is when a , would take if harassed. discriminate against any individual with co-worker, or someone else with whom Employers: respect to compensation, terms, conditions, the victim comes into contact on the job or privileges of employment, because of such creates an abusive work environment or • Ensure your working environment is individual's race, color, , , or interferes with the employee’s work businesslike and professional. national origin.” performance through words or deeds • Let your employees know that you take because of the victim’s . the issue of harassment seriously. The Equal Employment Opportunity Commission states that “unwelcome sexual Sex-Based Harassment • Ensure all employees are aware of and have access to the company’s policy on advances, requests for sexual favors, and Title VII also protects against sex-based sexual harassment and retaliation. other verbal or physical conduct of a sexual harassment, which is harassment based on Emphasize that SEXUAL HARASSMENT nature constitutes sexual harassment when gender. This type of harassment doesn’t WILL NOT BE TOLERATED. submission to or rejection of this conduct necessarily involve sexual language/actions. explicitly or implicitly affects an individual’s • Train managers and on employment, unreasonably interferes with an For example, one court held that a ’s sexual harassment issues. violent physical assault on a was a individual’s work performance, or creates an • Make sure employees are aware of their violation of Title VII because the assault was intimidating, hostile or offensive work rights regarding filing equal employment based on the woman’s gender - it did not environment.” complaints. matter that the assault itself was not sexual. Types of Sexual Harassment Likewise, it is a Title VII violation when a Steps to Take if Harassed There are two types of sexual harassment: male employee makes trouble for a female co • Remain professional. -worker on the job because he thinks only Quid Pro Quo: When submission to or • Take reasonable steps to avoid harm men should work there. rejection of unwelcome sexual conduct is from harassment. used as a basis for employment decisions. Same-Sex Harassment • Be direct with the harasser. Let him or Quid pro quo means “something for her know that you do not like the behavior Sexual harassment can also occur between something.” and that you want it to stop immediately. individuals of the same sex.  An example of quid pro quo is when a • If the behavior continues, follow your supervisor or someone with authority Additionally, same-sex sexual harassment is over the victim makes a “put out or get company’s grievance procedure and not limited to situations in which one or more out” demand - “submit to my sexual report the incident to your supervisor. requests or you will be fired, demoted, of the parties involved is homosexual. If the harasser is your supervisor, you passed over for a promotion, or in some Inappropriate conduct “because of sex” is the should go to someone of higher authority other way made miserable on the job.” issue, not the sexuality of the victim or the with your concerns. Quid pro quo harassment can be harasser. committed only by someone in the • File a report or complaint with your designated company official(s). thorough, and impartial investigation. • When reporting the harassment, be • Get the facts. Document what you are prepared to share all the facts about the told! Interview the complaining employ- incident(s). Write down the important ee, the alleged harasser, and others who details of the incident(s). Collect your may have relevant information. thoughts before you begin; remember to • Stop the harm. Before completing the provide who, what, when, where, how, investigation the employer should take and any witnesses. steps to ensure the harassment does not • Think about how the situation could be continue. resolved by your company. • Conclusion. Make your determination. Sexual • If you feel that the company has failed to Inform both parties of your investigative adequately address the issue, you may findings, the determination, and any cor- file a complaint with the North Dakota rective/disciplinary steps. Harassment Department of Labor and Human Rights within 300 days from the last date of Department of Labor and in the harm. Human Rights’ Role Employer Responsibilities The North Dakota Department of Labor and Workplace • Establish, distribute, and enforce a policy Human Rights is mandated by the North prohibiting sexual harassment. Dakota Human Rights Act to receive, • Encourage employees to report sexual investigate, determine cause, settle, and harassment to management before it conciliate claims. Important Information becomes severe and pervasive. If the employer named in the charge meets • Designate more than one individual to federal jurisdiction, the North Dakota for Employers & Employees take complaints. Department of Labor is authorized to also • Assure employees that complaints will be investigate on behalf of the Equal kept confidential to the extent possible. Employment Opportunity Commission. • Make it known that RETALIATION BY CO-WORKERS OR SUPERVISORS Have Additional Questions? WILL NOT BE TOLERATED. Need assistance with this information? • Always follow up with the complainant to Contact us at: ensure that the behavior has stopped and that no retaliation is occurring. North Dakota Department of Labor and Human Rights • Generally, employers are responsible for 600 East Boulevard Ave, Dept. 406 the actions of their supervisors and Bismarck, ND 58505-0340 managers, as well as what they know or Phone - (701)328-2660 or 1-800-582-8032 should have known about the occurrence TTY (Relay ND) - 1-800-366-6888 or -6889 of sexual harassment. Fax - (701)328-2031 E-Mail - [email protected] Investigating a Complaint Web site - nd.gov/labor

• Act immediately and appropriately. An employer should conduct a prompt, Rev. 10/17