Other Harassment, Prevention & Abusive Conduct

Preventing Sexual Harassment · Module 3 · 2 Scenarios

Preventing Sexual Harassment · Module 3

Other Harassment, Prevention & Abusive Conduct

Use these scenarios for team coaching sessions, 1:1 debriefs, or certification preparation

1

Scenario 1

The Bystander Moment

Situation

In a team meeting, an employee mocks a transgender colleague's name and pronouns and makes "jokes" about their identity. Others laugh awkwardly; the targeted colleague goes silent. You are running the meeting. No one has filed a formal complaint — yet.

Your Task

Intervene as a supervisor and model bystander leadership.

Step-by-Step Guidance

1

Recognize this as harassment based on gender identity/expression — one of the protected bases, not "just a joke."

2

Intervene in the moment: stop the conduct clearly and calmly, and make expectations explicit ("that's not acceptable here").

3

Model bystander intervention — encourage bystander training; leaders set the norm by acting, not laughing along.

4

Check on the targeted colleague privately and correct the room's use of the person's correct name and pronouns.

5

Report and document the incident even though no formal complaint was filed — you witnessed it, so the duty to act is triggered.

6

Reinforce that respectful conduct and correct identity treatment are required, and that retaliation against anyone who objects is prohibited.

Facilitator Debrief

Gender identity and expression are protected; mocking them is harassment, not humor. Supervisors have a duty to act on conduct they witness, even without a formal complaint. Modeling bystander intervention — stopping harm in the moment rather than waiting — is exactly the leadership prevention envisions and the single biggest culture lever a manager has.

Key Principle

Gender identity is protected. Witnessing triggers the duty to act — model bystander intervention.

2

Scenario 2

The Abusive Manager

Situation

A high-performing manager repeatedly berates his team with profanity, humiliates one employee in front of peers, and sabotages another's projects. It isn't sexual and doesn't target a protected class — leadership has tolerated it because "he gets results." Morale is collapsing and two people have quietly asked about transferring.

Your Task

Apply the abusive conduct standard and prevention duties.

Step-by-Step Guidance

1

Recognize this as abusive conduct: malicious workplace conduct that a reasonable person would find hostile or offensive and unrelated to legitimate business interests.

2

Understand training must address abusive conduct prevention even when the behavior is not tied to a protected class.

3

Identify the forms present: verbal abuse (berating, profanity), humiliation, and sabotage of work performance.

4

Note the "results" excuse is not a defense — tolerating abusive conduct undermines the employer's prevention duty and legal exposure (including violence/threat protections where relevant).

5

Escalate to HR/leadership: the behavior needs correction regardless of the manager's performance.

6

Reinforce the prevention duty: employers must take all reasonable steps to prevent harassment and abusive conduct — prevention and leadership, not tolerance, is the standard.

Facilitator Debrief

Abusive conduct — malice-driven verbal abuse, humiliation, or sabotage that serves no legitimate business purpose — must be addressed even when it isn't sexual and isn't aimed at a protected class. "But he gets results" is not a defense. Employers have an affirmative duty to take all reasonable steps to prevent harassment and abusive conduct, and leaders who look away breach it.

Key Principle

Abusive conduct counts even without a protected class. "Gets results" is no defense — prevention is a duty.

Quid Pro Quo, Hostile Environment & Defenses