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AB 1825 Sexual Harassment TrainingSexual Harassment Training

Training Conducted by:Camille French,MBA,SPHR

HR Consulting Partner

Created by Camille French ASHR 2013

Agenda

The Law and the Regulatory Agencies

Harassment

Discrimination Discrimination

The Policy

The Manager’s Role

The Investigation Process


WELCOME

• This class will be 2 hours in length

• A requirement of CA AB1825 is for the class to be interactive, so we will ask for your input and ideas, and we’ll ask review questions to participants and we’ll ask review questions to participants periodically throughout the presentation

• Feel free to ask your own questions throughout the training


WELCOME

• Be aware of noise levels in the room, particularly if you have a group listening via speaker phone. Feel free to mute your phones.

• Please do not put your phone on hold during the • Please do not put your phone on hold during the presentation(unless it is muted) or the rest of the group may hear music/advertising that willdisrupt the training.

• Be prepared to un-mute your phones at times to answer questions or share your insights.


WELCOME

This is a safe environment for questions

• All questions are welcome – there are no “dumb questions”

• To ensure confidentiality, either share information • To ensure confidentiality, either share information without naming names or discuss a hypothetical situation

• In our examples we refer to hypothetical scenarios or actual case law

• You may not agree with everything that is discussed, but the objective of this training (and your responsibility) is compliance with the law


INTRODUCTIONS

Please share…

• Your name

• Your role within your organization

• Years of supervisory experience

• Something you would like to learn throughout the discussion


Why are you here?

Assembly Bill 1825 became effective in January 2005

Added a provision to California’s Fair Employment Housing Act requiring employers to regularly provide anti-harassment training for supervisors consisting of “at least two hours of classroom or other effective “at least two hours of classroom or other effective interactive training.”


Training purpose

To comply with the law.

To help employers change workplace behaviors that create or contribute to harassment

To develop and encourage a set of values in supervisors To develop and encourage a set of values in supervisors that will assist them in preventing and effectively responding to incidents of harassment.


In the End You Will…….

Understand what comprises harassment

Understand who can be a victim of harassment

Be able to identify and address inappropriate behaviorsbehaviors

Know how to avoid illegal conduct

Know how to manage a harassment-free workplace

Know how to appropriately respond to a harassment complaint


LEGAL DISCLAIMER

This training is intended to be informative and efforts have been made to provide accurate and timely information. However, the information provided is not intended to serve as legal advice, instead we will discuss good HR guidance.will discuss good HR guidance.


BackgroundInformationInformation


HISTORY

Federal agency enforcing federal laws that prohibit harassment, discrimination, and retaliation.

Equal Pay Act of 1963

Title VII of the Civil Rights Act of 1964 Pregnancy Discrimination Act (amended)

Lily Ledbetter Fair Pay Act of 2009 Lily Ledbetter Fair Pay Act of 2009

Age Discrimination in Employment Act of 1967

Americans with Disability Act of 1990

The Genetic Information Nondiscrimination Act of 2008


Sexual Harassment Laws

AB 76 makes employers liable for any sexual harassment encountered by their employees in the workplace, including treatment by customers and vendors

AB 1825 requires California employers with 50 or more AB 1825 requires California employers with 50 or more employees to provide supervisors at least two hours of sexual harassment training every two years


Who is a Supervisor?

According to the Equal Employment Opportunity Commission (EEOC), “an individual qualifies as an employee's supervisor if the individual has authority to undertake or recommend tangible employment decisions affecting the employee, or has authority to decisions affecting the employee, or has authority to direct the employee's daily work activities.”


What does tangible mean?

Any event that results in “a significant change in employment status.”

Must have undesirable consequences for the employee.

Doesn’t mean everything that makes an employee Doesn’t mean everything that makes an employee unhappy.

Examples – disciplinary action, demotion or termination


Federal Categories California CategoriesAge (40 and over) Age (40 and over)

National Origin National Origin (Including language restrictions)

Religious Creed Religion

Disability Mental Disability

Physical Disability (includes pregnancy, AIDS, HIV)

Pregnancy

Medical Condition (includes Medical Condition (includes genetic characteristics)

Race Race

Ancestry

Color

Sex Sex

Sexual Orientation


What does SexualHarassment meanHarassment mean

to you?


Sexual Harassment

Unwelcome sexual advances

Requests for sexual favors

And other verbal, visual or physical conduct of a sexual nature when: Submission to such conduct by an individual is made,

explicitly, or implicitly, a term or condition of employmentexplicitly, or implicitly, a term or condition of employment

Submission to or rejection of such conduct by an individual is used as the basis for an employment decision

Such conduct has the purpose or effect to interfere with an individual’s work performance or creates a hostile or intimidating environment


Two Types of Protection

Federal Level – Title VII of the Civil Rights Act of 1964 –prohibits discrimination based on:

race

color

religion

national origin

gender/sex (including childbirth, and related conditions)

enforced by EEOC


Laws Prohibiting Harassment

State Level – California Fair Employment and Housing Commission –prohibits: Harassment based on sex or of a sexual

nature Gender harassment Gender harassment

Harassment based on pregnancy, childbirth, or related medical condition

Includes many forms of offensive behavior, including harassment of a person of the same gender as the harasser


Harassment is not just about sex! Race

Color

Religion Religion

National Origin

Gender

Disability

Age

Sexual OrientationCreated by Camille French ASHR 2013

New Rules in CA for 2012

AB 887 has redefined “Gender” to include a person’s:

Gender Identity – how an individual sees their gender

Gender Expression – person’s gender related appearance and behavior. Assigned sex at birth has no bearing.

Requires employers to allow employees to dress consistently with the employee’s gender identity and gender expression.


What does SexDiscriminationDiscriminationmean to you?


Sex Discrimination

Discrimination based on an individual’s gender.

Also includes:

Pregnancy, childbirth, or related medical condition

Woman’s desire to become pregnant Woman’s desire to become pregnant

Whether a woman has had an abortion


Sex Discrimination

Equal Opportunity Laws prohibit discrimination based on sex.

Every employee has the right to be free from harassment discrimination that’s based on sex.harassment discrimination that’s based on sex.


Types ofHarassmentHarassment


Quid Pro Quo Harassment

Most blatant form of harassment Latin phrase meaning “this for that” Involves expressed or implied demands for

sexual favors in exchange for some benefit Promotion, pay increase, etc.

Or to avoid some detriment in the workplace Termination, demotion, etc.

By definition, it can be perpetrated only by someone in a position of power or authority over another manager or supervisor over a subordinate


Hostile Environment

Hostile Environment is sexual or other discriminatory conduct that is so severe or pervasive that it interferes with an individual’s ability to perform their job;ability to perform their job;

Creates an intimidating, offensive, threatening or humiliating work environment;

Or causes a situation where a person’s psychological well-being is adversely affected.

It can be verbal, physical and even visual.


Hostile Environment

Can be perpetrated by anyone in the work environment including a peer, supervisor, subordinate, vendor, customer or contractor.

Conduct must be:Unwelcome1. Unwelcome

2. Directed at protected category

3. Offensive to a reasonable person

4. Severe or pervasive


What is Severe and Pervasive?

Severe

Sexual assault, rape

Grabbing, fondling, forcibly kissing

Acts of violence or severe intimidation based on ethnicity Acts of violence or severe intimidation based on ethnicity

Pervasive

Pattern of repeated conduct


How do you know if it’s a Hostile Environment?

Reasonable Person Standard –Would a reasonable person find the conduct offensive?conduct offensive?

It doesn’t matter if: The person intended it to be funny

Others thought it was funny

The person complaining seemed to go along at the time


Name that Harassment

A supervisor tells an employee in his department that she can have a raise if she sleeps with him.

Continuous sexual propositions to an employee even without directly tying the employee’s response to a without directly tying the employee’s response to a condition of employment.


Name that Harassment

If an employee refuses a supervisor’s sexual advances which causes the supervisor to negatively alter the employee’s working hours.hours.

Constant use of sexually provocative or obscene language.

Physical touching? It Depends…….

Most physical touching claims are the kind that are obviously offensive in places that are obviously off limits.


What do you see?


More Examples of Physical Harassment

Touching

Pinching

Patting

Grabbing Grabbing

Brushing against or poking an employee’s body

Hazing or initiation that involves a sexual component

Requiring an employee wear sexually suggestive clothing


What do you see?


Example of Verbal Harassment


More Examples of Verbal Harassment Name-calling Belittling Sexually explicit or degrading words to describe an

individual Sexually explicit jokes Sexually explicit jokes Comments about an employee’s anatomy and/or

dress Sexually oriented noises or remarks Questions or comments about a person’s sexual

practices Use of patronizing terms or remarks Verbal abuse Graphic verbal commentaries about the body Cell phone ring tones


What do you see?


More Examples of Visual Harassment Sexual pictures, writing, or objects Obscene letters or invitations Staring at an employee’s anatomy Leering Leering Doodling Sexually oriented gestures Mooning Unwanted love letters or notes Inappropriate emails and internet

usage


Bullying in the Workplace

Harmful to employees experiencing it

Has a significant impact on the workplace

Affects morale, motivation, work performance and productivityproductivity

Can lead to higher absenteeism, health care costs and turnover

Most common bully – Supervisors, followed by co-workers.


Bullying or Conflict:What’s the difference?

Conflict:

A disagreement that happens when people want different things

The people involved have equal power to solve the problem The people involved have equal power to solve the problem

They both want control or win the situation, but hurting each other is usually not the main goal

Bullying:

One has more perceived power

The intent is to hurt, control, embarrass or exclude the other

Often a repeated situation


Forms of Bullying

Verbal

Spreading Rumors

Insults, embarrassment

Teasing

Physical

Cultural

Ethnicity, language

Cyber-Bullying

Text

Social Media Physical

Hitting, kicking, pushing

Taking/damaging belongings

Social

Exclusion

Gossip

Social Media


When Bullying & Conflict Happens

At the incident

Step between and stop

Assess the situation

Conflict: Problem solve, mediate Conflict: Problem solve, mediate

Bullying: Report to HR department

Follow Up

With targeted, bullier, and bystanders

If you know about it, you are a part of it!


How do you know ifthe behavior isthe behavior is

unwelcome?


Unwelcome?


How do you know it is unwelcome?

Employee complains

Verbal response (or lack thereof)

Expression changes

Body language Body language

Person appears to feel uncomfortable

Avoidance


More examples of illegal sexual harassment

Unwanted intercourse

Kissing

Self-exposure

Questions/comments regarding an individual’s Questions/comments regarding an individual’s sexual fantasies, relationships, anatomy, fertility or appearance

Love letters

Displaying pornographic pictures, sexual devices, or explicit objects

Sexual comments, jokes, gestures and demeanor that are sexually derogatory, insulting, suggestive or obscene.


Who are potential harassers? Supervisors

Peers

Subordinate

Vendor Vendor

Customer

Contractor

Clients

Neighbors


Co-Worker Harassment

Co-workers can be just as guilty as supervisors

Employer can be just as liable if it knows or should have known about the harassment and failed to stop it


Does it have to happen at work?

NO!

At work or away from the workplace

During work hours or off-duty

Employers are responsible for preventing sexual harassment of employees, no matter who is causing the problem or where it is occurring.


Who is the “Victim?”

The victim can be the person who is the target of the behavior.

Or it can be a third party who is not the intended recipient of the behavior. This is a intended recipient of the behavior. This is a person who merely witnesses or overhears the behavior, and finds it offensive.

Third party complaints are actually fairly common, especially where two or three people frequently joke around with each other and are unaware, or just don’t care, how their behavior affects others.


What do you see?


Which type of harassment?

Samuel is Melanie’s manager. They are working together on a project and Samuel has asked Melanie to dinner to discuss their work. After dinner, he says, “Perhaps if we collaborate well on this project, I can make things easier for you at your next evaluation” His tone of voice insinuates what he means by make things easier for you at your next evaluation” His tone of voice insinuates what he means by “collaborate.”



Julia heads to the mail room at a large insurance company. She is in charge of many new hires who are anxious to move ahead in the company. She is overheard by an employee saying to another, “Andre, why don’t we meet for drinks tonight to celebrate your new promotion.” Andre is overheard responding, why don’t we meet for drinks tonight to celebrate your new promotion.” Andre is overheard responding, “Dating the boss does have its advantages.”



Jamal works in a graphic arts department. He is the only man among many women. Every day the women in the office await the arrival of a very attractive delivery man. After he leaves, the women spend several minutes making suggestive attractive delivery man. After he leaves, the women spend several minutes making suggestive remarks and jokes about the man’s attractiveness. Jamal just rolls his eyes, but this daily ritual clearly makes him uncomfortable.



During a meeting with Carmelita, her boss says, “Why don’t you wear shorter skirts like those women lawyers on TV. You’re an attractive gal. I think if you showed your legs off a little, the customers would be happier and I’d be happier. A little dedication on your part and I’d be happier. A little dedication on your part could go a long way here.”


What are theconsequences?consequences?


Consequences of harassment.

Lose a lawsuit

Lose your job

Lose your spouse

Your employer can be held liable for your misconduct Your employer can be held liable for your misconduct

You can be held personally liable

Attorney’s fees


Long lasting effects for employees . . .

Physical and emotional health

Poor performance

Lost work time

Possible medical expenses, workers compensation claims, Possible medical expenses, workers compensation claims, and lawsuits


EEOC New ChargesFY 2009 FY 2010 FY 2011 FY 2012

Total Charges*

6654 7161 7166 7399

% of US Total 7.1% 7.2% 7.2% 7.4%

Race 2251 2239 2372 2299

% of US Total 6.7% 6.2% 6.7% 6.9%

% of CA Total 33.8% 31.3% 33.1% 31.1%% of CA Total 33.8% 31.3% 33.1% 31.1%

Sex 1893 1846 1926 2036

% of US Total 6.8% 6.4% 6.7% 6.7%

% of CA Total 28.4% 25.8% 26.9% 27.5%

Retaliation 2707 2939 3195 3406

% of US Total 8.1% 8.1% 8.6% 9.0%

% of CA Total 40.7% 41.0% 44.6% 46.0%* Number for total charges reflects the number of individual charge filings. Because individuals often file charges claiming the multiple types of discrimination, the number of total charges will be less than the total of the ten types listed on EEOC website.Created by Camille French ASHR 2013

EEOC Harassment Charges

FY 2010 FY 2011 FY 2012

Receipts 21,454 21,470 21,088

*Monetary Benefits (Millions) $86.5 $87.9 $82.1

* Does not include monetary benefits obtained through litigation.


EEOC Sexual Harassment Charges

FY 2010 FY 2011 FY 2012

Receipts 7944 7809 7571

% of Males 16.2% 16.1% 17.8%

$41.2 $45.1 $43.0 *Monetary Benefits (Millions) $41.2 $45.1 $43.0

* Does not include monetary benefits obtained through litigation.


Lawsuits

An average of 450 employment lawsuits are filed daily in the United States

California leads the nation in employment law claims

When sued, a company will lose the case more than 50% When sued, a company will lose the case more than 50% of the time


Lawsuits

In 2010 the EEOC filed 250 new lawsuits, resolved 285 pending lawsuits.

In 2011 the EEOC filed 261 new lawsuits, resolved 276 pending lawsuits.pending lawsuits.

In 2012 the EEOC filed 122 new lawsuits, resolved 254 pending lawsuits.

Note: Suits filed and resolved in federal district courts. Many suits are brought on behalf of several individuals.


What are the other costs?

Damaged reputation

Negative publicity (TV, radio, newspaper)

Difficulty recruiting employees

Low employee morale Low employee morale

Absenteeism

Turnover

Financial Burden


Intent

Intent is not relevant in determining whether or not the behavior is sexual harassment

All that matters is the impact of the behavior on the work environment

The common excuses - Nobody else minded, I was only The common excuses - Nobody else minded, I was only joking, I talk that way to everyone, that’s just how I am – are not valid defenses of harassing behavior


Who can be liable for Sexual Harassment?

EmployersAnd/orAnd/or

Supervisors


Employer’s Liability

Employers are subject to vicarious liability and are automatically liable when an employee suffers a tangible employment action because of a supervisor’s conduct

Can be quid pro quo or hostile environment


Supervisor liability

Any supervisor involved in harassment can be individually liable for monetary damages if: They engage in inappropriate conduct They fail to monitor inappropriate conduct They fail to respond to complaints

Only applies to California Fair Employment and Housing Act (FEHA)

Considered an agent of the organization and are held to a higher standard of behavior under the law


Employer’s liability

Relationship of Relationship of Harasser to VictimHarasser to Victim

Type of HarassmentType of Harassment Employer’s LiabilityEmployer’s Liability

Supervisor to EmployeeSupervisor to Employee Tangible employment Tangible employment action (Quid Pro Quo)action (Quid Pro Quo)

Vicarious liabilityVicarious liability

Supervisor to EmployeeSupervisor to Employee Hostile environmentHostile environment Vicarious liability subject Vicarious liability subject to affirmative defenseto affirmative defense

Employee to EmployeeEmployee to Employee Hostile environmentHostile environment Liable if knew or should Liable if knew or should have known and failed have known and failed to actto act

Customer/Vendor to Customer/Vendor to EmployeeEmployee

Hostile environmentHostile environment Liable if knew or should Liable if knew or should have known and failed have known and failed to actto act


Are there any defenses?

To raise a defense or avoid punitive damages in sexual harassment lawsuits, employers must show they have provided periodic sexual harassment training to supervisors.


Are there any defenses?

If employee did not suffer a tangible employment action the employer can assert an affirmative defense

Must prove:

Exercised reasonable care to prevent and promptly correct Exercised reasonable care to prevent and promptly correct the harassment; and

Employee unreasonably failed to report the harassment or otherwise avoid harm


Why don’t peoplecome forward?come forward?


Why don’t people come forward?


Why don’t people come forward?

Fear of retaliation

Fear of not being taken seriously

Hope that the conduct will stop

Fear of embarrassment or hurting the alleged harasser Fear of embarrassment or hurting the alleged harasser

Fear of being alienated by colleagues or supervisors


When is it time toInvestigate?Investigate?


When is it time to Investigate?

Whenever an internal complaint of harassment, discrimination, or retaliation is made (oral or written)

When the employer knows or “should know” of possible violations of the company’s policy against harassment violations of the company’s policy against harassment and discrimination



When an employee or supervisor talks to an individual in charge about a problem but continually stresses that they are not complaining

When major changes are observed in the workplace, When major changes are observed in the workplace, including new behavioral patterns, a sudden decrease in morale, productivity, or attendance



When an employer suspects there is any kind of misconduct

When an administrative agency begins to inquire into the conditions of the workplacethe conditions of the workplace

When notice of a lawsuit is received


What should you doif an employeeif an employee

complains?


Complaints

Respond immediately Take the complaint seriously Assess the complaint fairly and impartially Don’t promise confidentiality

Be supportive – try to put the employee at Be supportive – try to put the employee at ease

Show empathy and respect Get as much information as possible about

the time and place, actions, people, witnesses

Document, document, document!!! Report complaints to HR immediately


Be prepared to discuss the issue

“Thank you for coming forward with this. I know it wasn’t easy for you.

I want you to know the company takes any and all harassment complaints very seriously, and we will start an investigation immediately. harassment complaints very seriously, and we will start an investigation immediately.

I’m going to elevate this to the HR Department. They will be contacting you to begin the investigation.

We will keep everything about this complaint as confidential as possible, and it would be best for you to keep this confidential throughout the investigation as well.”


What should you say?

Employee “I have something I want to tell you but

you have to promise me you won’t tell anyone or do anything?”anyone or do anything?”

Supervisor “Before you start I need to tell you that I

want to help you. But, I’m required by law to investigate certain issues.”

Most of the time the employee will still tell you


Tell the employee what happens next

The complaint will be taken seriously

A prompt investigation will be conducted

There will be no retaliation

Prompt disciplinary action will be taken if harassment is Prompt disciplinary action will be taken if harassment is found

Information about the results of the investigation will be conveyed at the conclusion


Tell the employee what happens next

You’re not obligated to discuss the details of discipline with an employee who’s been victimized.

However, you should:

Make sure the victim understands repeat offenses will be Make sure the victim understands repeat offenses will be met with even more harsh discipline, including termination

Get the offender to acknowledge that he or she has acted inappropriately and will stop the offensive behavior immediately

Follow up on any commitments you make to toughen the punishment for repeat offenses


Formal vs. Informal Investigation

While you should take all complaints of sexual harassment very seriously, not all complaints require a full-scale internal investigation.

Sometimes, problems can be resolved without a formal Sometimes, problems can be resolved without a formal investigation


Formal vs. Informal Investigation

To determine if the complaint requires investigation, consider whether: The complaint is a question that has a fairly

simple answer, or whether it is a more complex problemproblem

It involves just this employee, or others as well

It stems from a single incident or a pattern of conduct

You need more facts than the employee is able to provide in order to reach a resolution

If you need more information, it is likely that the complaint requires a formal investigation


Retaliation


Retaliation

Retaliation is defined as an adverse action taken against an employee because he/she complained of harassment or discrimination

Adverse action includes demotion, discipline, termination, salary reduction, negative performance review, change in salary reduction, negative performance review, change in job duties or shift assignment


Retaliation

Anti-discrimination laws prohibit employers from taking adverse action against employees for asserting their rights

When an employee complains of sexual harassment to you or others, you must not take any action that the you or others, you must not take any action that the employee may view as punishment or retaliation for filing the complaint


Retaliation

Retaliation is forbidden!!!

By you

By the alleged harasser

By any other supervisor or coworker By any other supervisor or coworker

Against any person complaining of harassment or participating in an investigation

Against an innocent employee to punish another worker for complaining – provided the two employees have a close relationship


Retaliation

To succeed in a retaliation claim, the employee must prove the following:

That he/she engaged in a protected activity, such as complaining of sexual harassment

That he/she suffered an adverse employment action, such as termination

That the protected activity and adverse action are linked


Retaliation

For the first time ever complaints of retaliation surpassed race-based complaints as the most frequently filed charge with the EEOC.


Retaliation

How can you avoid claims of retaliation? Document, document, document the reason

for any adverse employment action against an employee. Make sure the documentation shows no discriminatory reason for the adverse shows no discriminatory reason for the adverse action. Performance problems

Warnings

Complaints

Disciplinary actions

Demotions / Promotions

Transfers


Retaliation

Remember – There’s no requirement to give special treatment to an employee who has filed a complaint.

Make sure any discipline taken matches the offense and is in line with how others have been handled for the is in line with how others have been handled for the same or similar offense


Minimizing YourLegal ExposureLegal Exposure


How do you minimize legal exposure?

“If you treat people with respect and dignity, always;

You’ll stay out of court, most likely.”You’ll stay out of court, most likely.”



Treat employees consistently Address complaints immediately Take prompt and appropriate action Maintain confidentiality when able to Maintain confidentiality when able to Conduct thorough investigation Use respectful terminology Treat others as you would want to be treated Remember, the accused is innocent unless

proven guilty (there are two sides to every story)



Have a written, published harassment policy

Include a clear procedure for filing a complaint

Make sure complainants understand that retaliation will not be toleratednot be tolerated

Train every new employee

Train all employees on a regular basis


Common Mistakes

Treating the complaint more like a comment

Not documenting complaints or incidents

Not communicating how serious the issue is

Not taking action Not taking action

Not responding with a sense of urgency

Not correcting the problem


Know your company policies

Review your company policies

Department of Fair Employment and Housing Act Brochure


The role of HR

Once you elevate the complaint the HR Department will: Interview the complainant

Interview the alleged harasser

Interview co-workers / witnesses

Collect evidenceCollect evidence

Talk to people the alleged victim may have confided in about the harassment (friends, family, co-workers)

Evaluate

Take appropriate action

Report Findings


You decide what to do

You’ve hired a new cashier, Melissa. She’s attractive and single. Your other day shift cashier, Mark, also single, has asked her out on a date. Should you intervene?



Melissa said no but Mark asked her out again. Still, no one is complaining. Is this harassment?



What if Mark is Melissa’s immediate supervisor? What changes?



Tom has been with you for four years. He’s a great cook and an asset to the organization with his outgoing personality. He affectionately calls the women in the restaurant his “girl” and will occasionally give one of them a hug. This seems the women in the restaurant his “girl” and will occasionally give one of them a hug. This seems to be a stress relief for everyone in the cramped workspace. The atmosphere actually improves when Tom is at work and everyone smiles. This isn’t a problem, is it?



Today, a young man came through the drive-through; Lisa, your new team member, rang up his order, he said something outrageous and threatened Lisa in a way that left her trembling after he was gone. He was only here a few minutes and you have never seen him before. Are a few minutes and you have never seen him before. Are you responsible for what happened?



Jack owns an 1960's airline themed restaurant,

and he requires the waiters to wear uniforms. He

requires men to dress like pilots, and women to

dress like female flight attendants. dress like female flight attendants.

One day, a waiter named Ethan announces that he

prefers to dress like a woman, and he demands to

wear a female flight attendant uniform.

How should Jack respond to Ethan's demand?


Post TrainingAssessmentAssessment


Using WhatYou’ve LearnedYou’ve Learned


Using what you’ve learned

Your reaction is critical!!!1. Be alert! Monitor the workplace for offensive

behavior, signs, conversations, comments, and so on.

2. Investigate suspicious behavior and hostile interactions; don’t ignore problems.Investigate suspicious behavior and hostile interactions; don’t ignore problems.

3. Be available and accessible; let your employees know you welcome their comments.

4. Immediately take control of – and stop – offensive, harassing, or discriminatory misconduct.

5. Fix the problem, discipline wrongdoers, and protect victims from further harassment or retaliation.



You’ll encourage a productive workplace if you:

Are fair and respectful

Act consistently

Make decisions based on merit Make decisions based on merit

Focus on workplace performance rather than personal characteristics

Follow established procedures



Your behavior sets the tone for your workplace. Be a role model! Through your words and actions, make it clear:

You disapprove of harassment and discrimination

The organization is committed to a respectful workplace The organization is committed to a respectful workplace

Employees may object to misconduct without fear of retaliation


Watch your P’s in the workplace

Professionalism

Politeness

Polish


Professionalism

Conduct yourself as a professional at all times with clients and co-workers

Refrain from engaging in gossip or office politics

Address problems as they arise directly with the individuals involvedindividuals involved

Check your personal baggage at the door as you arrive to work each day

Dress appropriately for your position

Treat your co-workers with respect whether or not you personally like them

Walk away from negative talk about a co-worker, a boss, or the company


Politeness

Respect the privacy of others – do not eavesdrop on conversations not meant for your ears

Show basic courtesy to co-workers through Show basic courtesy to co-workers through small gestures throughout the day

Use please and thank you regularly

Give every co-worker a simple hello each morning and goodbye each evening

Lend a helping hand to a co-worker when time allows even if it isn’t in your job description


Polish

Refrain from using profanity

Refrain from sharing off-color jokes

Spend your spare moments at the office thinking about how to improve your own performance rather than how to improve your own performance rather than focusing on the performance of others

Find ways to expand your skills


Tests for spotting harassment

Your child test

Would you act this way in front of your child?

Your parent test

Would you act this way in front of your parent? Would you act this way in front of your parent?

Newspaper test

Would you want to read about your behavior in the newspaper?


Supervisor’s Action Plan

Have Zero Tolerance Supervisors have a responsibility to prevent sexual

harassment in the workplace. If you ignore behaviors and actions that could be considered sexual harassment, you are in effect condoning offensive conduct. When a supervisor is aware of the offensive conduct and fails to are in effect condoning offensive conduct. When a supervisor is aware of the offensive conduct and fails to act or investigate, the organization, as well as the manager, may be held liable in a court of law.

The bottom line – when you see or hear of any behavior that could be considered sexual harassment, you are responsible for getting rid of it. Zero tolerance.



Set a Good Example

As a business leader it is your responsibility to set the standard by not engaging in any sexually suggestive behavior. Employees look to leadership to let them know what is and is not acceptable in the workplace and have what is and is not acceptable in the workplace and have little tolerance for “do what I say, not what I do.”



Hear, Handle and Investigate all Complaints Failing to respond appropriately to a sexual harassment

complaint could cost you and the organization dearly. It complaint could cost you and the organization dearly. It has been shown that those organizations most successful at reducing or eliminating sexual harassment in the workplace frequently communicate guidelines for submitting a complaint to all employees. These organizations also respond in a timely manner to each complaint, investigate, and create solutions for resolving or eliminating offensive conduct.



Keep Harassment Claims Confidential

During a sexual harassment investigation, discuss the situation only with people who have an absolute need to know.



Educate Your Employees Using case studies, videos, and role plays can

help promote discussions and understanding. You can use these tools to help you communicate and can use these tools to help you communicate and clarify expectations of appropriate and inappropriate behavior, policies and guidelines. These tools can also help encourage employees to step forward when sexual harassment occurs and allow the organization to eliminate unlawful behavior in the workplace.



Educating Employees Again

Educating an employee once is not enough. Regardless of who the employee is within an organization, restating the organizational expectations, policies, and guidelines is recommended at least once a year.recommended at least once a year.


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