Computer Hacking
Fi I ti ti
Forensic Investigation
Module XXIX
Investigating Sexual
Harassment Incidents
Employee Wins Sex Harassment Case
Against Former Boss
Against Former Boss
Jessie, a 21-year-old from Adelaide, accused Wayne Jeffrey Jaye,
Managing Director of Studio Silva Photography, for sexually harassing
her.
According to Jessie, Mr. Jaye used to make unwanted advances that she
had refused to respond to. So he fired her from the job.
The court found Studio Silva Photography guilty of sexual
discrimination. Jaye and the Studio were ordered to pay a total of
$22,000 in compensation.
Source: http://www.abc.net.au/news/newsitems/200609/s1751436.htm
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Case Study: Sexually Explicit e-mails
spark Outcry
spark Outcry
Source: http://www.spokesmanreview.com/tools/story_breakingnews_pf.asp?ID=8035
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Case Study
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Module Objective
This module will familiarize you with the following:
Sexual harassment
Types of Sexual Harassment
C f S l H t
Consequences of Sexual Harassment
Responsibilities of Supervisors
Responsibilities of Employees
Responsibilities of Employees
Complaint Procedures
Investigation Process
Sexual Harassment Policy
Preventive Steps
Laws on Sexual Harassment
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Module Flow
Introduction Types of Sexual Harassment
yp
Responsibilities for Supervisors Consequences of Sexual Harassment
Responsibilities for Employees Complaint Procedures
Sexual Harassment Policy Investigation Process
Preventive Steps Laws on Sexual Harassment
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Sexual Harassment - Introduction
A form of gender discrimination that
involves unwelcome sexual advances, favors,
and other verbal or physical conduct of a
sexual nature
sexual nature
Sexual harassment can occur in a variety of
circumstances when:
circumstances when:
" Submission or rejection is made a term or
condition of a person s job, pay, and career
" Submission or rejection is used as a basis for
career or employment decisions
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Sexual Harassment  Introduction
(cont d)
(cont d)
Sexual Harassment:
" It is Unsolicited
It i U li it d
" It is Power Motivated
" It is Illegal
" It is Offensive Conduct
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Types of Sexual Harassment
Verbal
" Profanity, obscene j k
P f it b jokes
" Sexual comments and threats
" Whistling and making lewd gestures
" Spreading rumors of sexual acts or involvement
Physical
" Stroking, grabbing, patting, hugging, pinching, and provocatively posing
Stroking, grabbing, patting, hugging, pinching, and provocatively posing
" Cornering or blocking passageway
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Consequences of Sexual Harassment
It distracts individuals from their
It distracts individuals from their
work
It creates a hostile work environment
It increases friction among staff and
hence affects their efficiency
hence affects their efficiency
It affects individual s morale
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Responsibilities of Supervisors
Supervisors must:
" Set a code of conduct and ensure that all
employees follow it
" Know how to recognize potential or actual
misconduct, and how to handle these problems
in an effective manner
" Create and maintain a safe and secure
environment at the workplace
" Address employee problems as early as possible
and properly document employee problems
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Responsibilities of Supervisors (Contd.)
" Report conduct and responsibility violations,
through appropriate internal supervisory
through appropriate internal supervisory
channels
" Encourage upward communication
" Neutralize the workplace from the offensive
conduct and retaliation
" Treat complaints seriously
T l i i l
" Punish the offender for the harassment
" Prevent further harassment
" Prevent further harassment
" Conduct periodic training for all employees,
with active involvement of the complaints
committee
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Responsibilities of Employees
Recognise sexual harassment as a serious offence
Recognise sexual harassment as a serious offence
Stick to work environment policies
Develop complaint procedures
Report acts of harassment to a supervisor
Report acts of harassment to a supervisor
Refrain from participation or encouragement of
actions that could be perceived as harassment
Condemn the behavior
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Complaint Procedures
Victim prepares a complaint
Victim files the complaint
Victim transmits the complaint to supervisor
Supervisor reviews the complaint
Supervisor informally resolves the complaint
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Investigation Process
The investigator must be impartial, with an open mind until the end
Interview all witnesses and obtain such evidence that is relevant to the
complaint
R i the i ti ti fi di ith th l i t d th ll d
Review th investigation findings with the complainant and the alleged
offender to receive any further information
The nature of the complaint is explained to the investigator, so that one
e atu e o t e co p a t s e p a ed to t e vest gato , so t at o e
may have the opportunity to understand the major elements of the
complaint
The investigator is given a reasonable chance to respond to the evidence
of the complainant and to bring his/her own evidence
Find out what outcome the complainant would like to see occur
Find out what outcome the complainant would like to see occur
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Investigation Process (Contd.)
If the investigator is in doubt about whether or how to
g
continue they will seek appropriate counsel
When the investigation is complete the investigator should
When the investigation is complete, the investigator should
report the findings to decision makers
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Sexual Harassment Investigations
Preliminary considerations:
" Use two investigators, if possible
Use two investigators, if possible
" Create a confidential file
" Conduct interviews in a private room
Gathering the facts:
" Review relevant personnel files and company policies
" Interview the victim
 Take complaint seriously
 Explain the investigation and promise complete confidentiality
 Find out what happened
 Find out the effect of the harassment on the victim
 Find out names of witnesses
Fi d t f it
 Ask the victim what he/she wants
 Assess his/her credibility
 Take a statement if warranted
 Take a statement, if warranted
 Type the notes of the interview
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Sexual Harassment Investigations (cont d)
" Interview the perpetrator
 Explain the purpose of the interview
Explain the purpose of the interview
 Identify the victim and the specific basis of the
sexual harassment complaint
 Ask him/her to respond to the charges
Ask him/her to respond to the charges
" Interview corroboration witnesses
 Try to elicit identity of victim and perpetrator from
the witness as opposed to identifying the victim and
pp y g
perpetrator to the witness at the beginning of the
interview
 Find out what he/she knows
 Distinguish between firsthand and secondhand
i i i h b fi h d d dh d
knowledge
 Assess the credibility of the witness
 Take a statement, if warranted
Take a statement if warranted
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Sexual Harassment Investigations (cont d)
Evaluating the facts and making the
d i i
decision
" Evaluate the facts from a reasonable
perspective
perspective
" Distinguish between "unwelcome" and
"voluntary" sexual conduct
" Draft a thorough, even-handed report
" Submit the report to the decision-making
official
" Follow up with the victim and perpetrator
after the decision has been made
after the decision has been made
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Sexual Harassment Policy
Informal procedures
" The complainant may attempt to resolve the matter directly with the
alleged offender and report back to the complaint-receiving official
" The complaint receiving official may notify the alleged offender of
The complaint-receiving official may notify the alleged offender of
the complaint, paying appropriate attention to the need to maintain
confidentiality
" The complainant may also contact the affirmative action officer
" The complainant may also contact the affirmative action officer
directly
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Sexual Harassment Policy (cont d)
Formal procedures
Formal procedures
" The complainant has the right to file a formal written complaint
with the affirmative action officer
with the affirmative action officer
" Upon receiving a formal complaint, the affirmative action officer
shall inform the alleged offender of the allegation and of the
shall inform the alleged offender of the allegation and of the
identity of the complainant
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Preventive Steps
Sexual harassment must be affirmatively discussed at workers
meetings and emplo er emplo ee meetings
meetings and employer-employee meetings
Guidelines must be prominently displayed to create awareness of
the rights of employees to a harassment-free workplace
Employer must assist persons affected in cases of sexual
harassment by outsiders
Send a top down message to employees and union members that
Send a top-down message to employees and union members that
sexual harassment will not be tolerated
Create a strong written policy prohibiting illegal discrimination
against any employee that specifically addresses sexual harassment
" Describes steps to be taken if harassment occurs
Survey the employees and union members about sexual
Survey the employees and union members about sexual
harassment
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Preventive Steps (cont d)
Implement formal and informal problem solving mechanisms, grievance
procedures, investigative measures and disciplinary procedures to resolve
sexual harassment complaints
Conduct awareness trainings regularly for supervisors to review organizational
policy, build problem-solving skills, review relevant law and discuss their
responsibility t t harassment-free workplace
ibilit to create a h t f k l
Provide ongoing sexual harassment awareness training for every level of
employee or union member
employee or union member
Assess the work environment for awareness by surveying employees and union
members about sexual harassment
bb
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U.S Laws on Sexual Harassment
Title VII of the 1964 Civil Rights Act
9 4 g
The Civil Rights Act of 1991
Title IX of the Education Amendments of
i l f h d i d f
1972
Equal Protection Clause of the 14th
Amendment
Common Law Torts
State and Municipal laws
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The Laws on Sexual Harassment: Title
VII of the 1964 Civil Rights Act
VII of the 1964 Civil Rights Act
It prohibits employment discrimination on the basis of race, color,
religion, sex or national origin in hiring, employment (all terms,
conditions, and benefits), and termination
It applies to businesses with 15 or more employees
pp b 5 p y
Examples:
" Harassing a person because of their friends', relatives', or
associates' race, skin, color, religion, gender, national origin, age,
or disability
" Treating people in similar jobs differently
Treating people in similar jobs differently
" Making assumptions about the abilities of persons based on
stereotypes, physical characteristics, or age
" Retaliating against a person because a complaint was filed
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The Laws on Sexual Harassment: The
Civil Rights Act of 1991
Civil Rights Act of 1991
It establishes private and public liability for the acts of supervisors
and employees that constitute sexual harassment of employees
It provides appropriate remedies for intentional discrimination and
unlawful sexual harassment in the workplace
Legislation is necessary to provide additional protections against
unlawful discrimination in employment
It responds to recent decisions of the Supreme Court by expanding
the scope of relevant civil rights statutes in order to provide adequate
protection to victims of discrimination
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The Laws on Sexual Harassment: Equal
Protection Clause of the 14 Amendment
Protection Clause of the 14th Amendment
It creates public institutional liability for
py
institutional sexual harassment of
employees including compensatory and
employees including compensatory and
punitive damages
It attempts to secure the promise of the
United States' professed commitment to the
proposition that "all men are created
equal"
equa
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The Laws on Sexual Harassment:
Common Law Torts
Common Law Torts
It helps to identify the common-law actions that may be filed by
harassed workers
Objectives:
" Identify the tort actions most commonly connected with sexual
harassment cases
" Explain in general, the circumstances under which each tort action
" Explain, in general the circumstances under which each tort action
may be filed
" Identify the reasons that harassed workers may choose to file, or to
avoid filing, any tort actions
" Explain the relationship between sexual harassment law and
W k ' C i
Workers' Compensation
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The Laws on Sexual Harassment: State
and Municipal Laws
and Municipal Laws
It includes rape, sexual abuse, sexual assault, and
It includes rape, sexual abuse, sexual assault, and
child molestation
It advises employees of the name, address, and
I d i l f h dd d
telephone number of each of the state and federal
agencies to which inquiries and complaints
concerning sexual harassment may be made
Sets out the deadlines for filing a complaint of sexual
harassment with the state and federal agencies
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Summary
Sexual Harassment is a form of gender discrimination that involves
Sexual Harassment is a form of gender discrimination that involves
unwelcome sexual advances, favors, and other verbal or physical
conduct of a sexual nature
Sexual Harassment consists of two types: verbal and physical
The investigator must be impartial while investigating the case
When the investigation is complete, the investigator should report the
findings to decision makers
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