harassment prevention: from the illegal to the currently legal to the perception of bullying
TRANSCRIPT
Presenting Today
Lisa YankowitzCo-Founder,
Informed [email protected]
Follow along on Twitter: #BizWebinar @BizLibrary
Erin BoettgeContent Marketing Manager,
Harassment Prevention:From the Illegal to the Currently Legal to the Perception of Bullying
Presented by: LISA Yankowitz
InformedWorkplace.com
Farmers Insurance Exchange (race & retaliation) $225,000
Texas Roadhouse (sexual harassment & retaliation) $1.4 million
Guardsmark (retaliation) $115,000
Greensville Ready Mixed Concrete, Inc. (religion) $42,500
IFCO (sexual orientation) $202,200
A few examples:
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…but that’s only part of the cost
• Stress• Conflict• Disengagement• Absenteeism• Turnover
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The federal anti-discrimination laws
TITLE VII Race, Color, Religion, National Origin, Sex
PDA Pregnancy
ADEA Age
ADA Disability
GINA Genetic Information
USERRA Military, Veterans
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What about the states?
• Contributing vs. Motivating
• Additional protected classes
• No cap on damages
• Individual liability
• Requirement to train
YOUR SPEECH AND ACTIONS,and the speech and actions of your employees,
can create liabilityfor the company…
and for YOU!InformedWorkplace.com
© 2015 Intrinsic Systems, LLC
What’s the difference between
harassment andbullying in the workplace?
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Bullying
Harassment
Repeated health-harming abusive conduct that creates a hostile work environment.
Unwelcome conduct that has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.
© 2015 Intrinsic Systems, LLC
Illegal HARASSMENT and DISCRIMINATION involve protected classes
Race/ColorNational Origin SexReligionPregnancyDisabilityAgeGenetic InformationMilitary/VeteransRetaliation
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One time incidentOne incident can be severe enough to be considered harassing!
• Touching (What about a hug?)
• Exposure• Quid Pro Quo• The “n-word”
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Harassment can be…• Verbal or non-verbal• Physical• Face to face, or…
PhoneEmailSocial Media
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RetaliationYou can’t retaliate against someone for:
• Filing a good-faith complaint• Participating in an investigation
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Typical bullying tactics Verbal abuse – name calling, profanity Teasing – appearance, life-style Ignoring or excluding Trivial fault finding Threats Inconsistent application of rules Unreasonable expectations
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So, how can you prevent it?• Anti-harassment/anti-bullying policy• Culture of respect and open communication• Zero-tolerance – case by case• Train employees, effectively and regularly• Hold violators accountable• Be respectful• Protect confidentiality/privacy
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“Effective harassment training is the single best way for employers to avoid liability. No federal law requires such training, but more than half of the states either require or encourage it.”
Patricia Wise, Partner, Niehaus Wise & Kalas LTD
Written testimony to the EEOC regarding workplace harassment.
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Effective intakeKnow a complaint when you see it!
• No magic words• Take it seriously – welcome it!• Get the basics• Mostly listen• Private location• Get it to HR or a higher up• Immediately• Document• Be confidential
© 2015 Intrinsic Systems, LLC
More than 70% of
all communication
is FILTERED, CHANGED
or MISINTERPRETED
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PEOPLE PROCESS
We have all four Colors in us
FREEDOM & FUNRELATIONSHIPS RESPONSIBILITYCOMPETENCE
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CONFLICT CAUSESSTRESSLEADS TO CONFLICT
Conflict occurs when a person violates another’s intrinsic values
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ImpulsiveBelligerent
AngryAbrupt
DepressedEmotional
WithdrawnNeglectful
Self-righteousControllingComplainingBullying
CynicalReservedPerfectionistIndecisive
When I am stressed out I can be…
© 2015 Intrinsic Systems, LLC
What to do, what to do???1. Make an effort to respect others’ values (Platinum Rule).2. When in doubt, don’t say or do it.3. When you realize you offended, apologize immediately
and/or explain your intent.4. If you have been offended, assume they didn’t intend to
offend you.
Anti-Harassment Video Series
1. Why Anti-Harassment2a. The Protected Zone Part 12b. The Protected Zone Part 23a. What is Harassment and Discrimination3b. Examples of Harassment and
Discrimination4. Determining if Harassment Exists5. Employer/Employee Responsibilities6. Response to Complaints
1. Put-Downs vs. Communications
2. Analyzing the Put-DownSituation
3. Recognizing Put-Down Styles4. Put-Down Response Strategies
Verbal Self-Defense at Work Video Course