sexual harassment prevention training for manager’s may 2010 kevin j. pokorny training consultant...

Sexual Harassment Prevention Training for Manager’s

May 2010

Sexual Harassment Prevention Training for Manager’s

May 2010

Kevin J. Pokorny

Training Consultant

Des Moines, Iowa

Lockheed’s responsibilities:Lockheed’s responsibilities:

1.1.Harassment policy and Harassment policy and enforce it.enforce it.

2.2.To act on harassment To act on harassment complaints. complaints.

3.3.Maintain a harassing free Maintain a harassing free work environment. work environment.

4.4.Provide training.Provide training.

Lockheed’s responsibilities:Lockheed’s responsibilities:

1.1.Harassment policy and Harassment policy and enforce it.enforce it.

2.2.To act on harassment To act on harassment complaints. complaints.

3.3.Maintain a harassing free Maintain a harassing free work environment. work environment.

4.4.Provide training.Provide training.

Lockheed’s Harassment policy: provide and maintain a harassment-free workplace

Value Statements:

Do What’s Right

Respect Others

Perform With Excellence

Training Outcomes:

1. What is sexual harassment?

2. What are your responsibilities?

3. To learn and apply a tool.

4. 3 steps to engage in respectful behavior.

5. 10 rules to nip behavior in the bud

6. What are the employment and legal consequences?

• “I think sexual harassment is a way of expressing dominance or power over someone in the workplace.”

• “Harassment means the behavior is unwelcome and offensive to a person. If the behavior is not offensive to someone, it’s probably appropriate behavior in the workplace.”

Sexual harassment?Sexual harassment?

Fact: Sexual harassment is motivated by wanting power and control over another person, not sexual desire.

• To continually annoy, pester, tease, torment, stalk, irritate, aggravate or make unreasonable demands of you.

• It is never mutual, respectful, or professional behavior.

Fact: Sexual harassment is motivated by wanting power and control over another person, not sexual desire.

• To continually annoy, pester, tease, torment, stalk, irritate, aggravate or make unreasonable demands of you.

• It is never mutual, respectful, or professional behavior.

Myth or Fact?Myth or Fact?

Here are some myths and facts about sexual harassment. Keep in mind that it’s important to clear up misconceptions that you may have about sexual harassment.

So, get the facts straight!

Here are some myths and facts about sexual harassment. Keep in mind that it’s important to clear up misconceptions that you may have about sexual harassment.

So, get the facts straight!


#1: Very few people file sexual harassment complaints with governmental civil rights agencies.

Myth: In FY 2009, 12,696 sexual harassment complaints were filed with the EEOC and state and local human rights agencies. This figure does not take into account all the thousands of complaints filed by employees within their organizations.

#1: Very few people file sexual harassment complaints with governmental civil rights agencies.

Myth: In FY 2009, 12,696 sexual harassment complaints were filed with the EEOC and state and local human rights agencies. This figure does not take into account all the thousands of complaints filed by employees within their organizations.


#2: The victim is always a woman and the harasser is always a man.

Myth: The victim as well as the harasser may be a woman or a man. In fact, the victim and the harasser can be of the same sex.

• 16% of the sexual harassment complaints filed in FY 2009 with governmental human rights agencies were by men!

#2: The victim is always a woman and the harasser is always a man.

Myth: The victim as well as the harasser may be a woman or a man. In fact, the victim and the harasser can be of the same sex.

• 16% of the sexual harassment complaints filed in FY 2009 with governmental human rights agencies were by men!


#3: If an employee says he or she has been sexually harassed, then it happened.

Myth: Every complaint or report of sexual harassment is treated as an allegation. It is the responsibility of managers and Human Resources to investigate the complaint or report to gather facts upon which to make a decision if a policy violation occurred.

#3: If an employee says he or she has been sexually harassed, then it happened.

Myth: Every complaint or report of sexual harassment is treated as an allegation. It is the responsibility of managers and Human Resources to investigate the complaint or report to gather facts upon which to make a decision if a policy violation occurred.


#4: Sexual harassment is illegal sex discrimination.

Fact: Sexual harassment is a form of illegal sex discrimination that violates federal, state, and local civil rights laws in the workplace.

• Sex discrimination means being treated differently and unfavorably because of your gender - male or female.

• When you are sexually harassed, you are being treated differently and unfavorably because of your gender.

#4: Sexual harassment is illegal sex discrimination.

Fact: Sexual harassment is a form of illegal sex discrimination that violates federal, state, and local civil rights laws in the workplace.

• Sex discrimination means being treated differently and unfavorably because of your gender - male or female.

• When you are sexually harassed, you are being treated differently and unfavorably because of your gender.

Q: Who is protected under Georgia/federal Civil Rights laws in the workplace?

Q: Who is protected under Georgia/federal Civil Rights laws in the workplace?

Examples of “discrimination” because of your sex, race, age, etc.

Examples of “discrimination” because of your sex, race, age, etc.• Refusal to hire

• Denial of a raise or promotion

• Pay cut or demotion

• Changes to benefits

• Reassignment to less desirable position

• Disciplinary action + termination

• Negative references

• Harassment

• Retaliation

Video: Sex, Power & The Workplace

The Story of Brenda Berkman, first woman firefighter in NYC.

• Unwelcome?

• Examples of behavior?

• How did the behavior impact her job and work environment?

• How do the behaviors violate Lockheed’s values?

• Unwelcome?

• Examples of behavior?

• How did the behavior impact her job and work environment?

• How do the behaviors violate Lockheed’s values?

Lockheed’s Harassment-Free Workplace Policy


“Harassment” and “sexual harassment” – prohibits conduct that is illegal and not illegal under law.


“Harassment”: Threatening, hostile, offensive or abusive toward others.

1. Sexual harassment2. Violent harassment3. Discriminatory harassment

Illegal Sexual Harassment

1. UNWELCOMED BEHAVIOR• Person did not initiate the

behavior AND regards it as offensive.

• Person is not a willing participant.


2. SEXUAL OR NON-SEXUAL BEHAVIOR• Verbal, physical, visuals, nonverbal sexual

behaviors• Same or different gender• Non-sexual behaviors: slurs, stereotyping,

threats made to you because your are a woman or man


3. IMPACTS EMPLOYEE – “Quid Pro Quo”When a supervisor makes employment

decisions – hiring, promotions, salary increases, work assignments, or performance evaluations – based on an employee’s willingness to accept or deny sexual favors or advances offered by the supervisor.


3. IMPACTS EMPLOYEE – “Hostile Work Environment”

Behavior must be severe or pervasive that it:• Unreasonably interferes with an employee’s work

performance, or• Creates an intimidating and offensive hostile work

environment.

1. Examples of sexual behavior that would violate policy (range of serious vs. not serious).

• Physical?• Verbal?• Nonverbal?


• Sexual advances• Requests for sexual

favors linked to your job

• Sexually suggestive comments

• Sexual fantasies, experiences

• Threatening reprisals

• Displaying or distributing sexual objects, images, cartoons

• Sexual leering, obscene gestures

• Drawing attention to your body

• Physical violence


Violent Harassment

1.Threats, blackmail, extortion

2.Offensive touching, pinching, grabbing person’s body

3.Stalking, assault, body stance impedes/blocks


Discriminatory Harassment• Offensive comments

• Threats or intimidation

• Slurs

• Stereotypical references

• Physical assault

• Imposing one’s religious views

• Sabotaging person’s work

• Offensive graffiti

• Bullying

• Retaliation

Race

Color

Age

National origin

Religion

Disability

Sexual orientation*

1. Who can do the harassing behavior to you?

2. Does the policy apply to off-premises situations?

3. What is the difference between behavior that violates Lockheed’s policy vs. harassing behavior that violates civil rights law?


There are workplace behaviors that are inappropriate or unprofessional that do not constitute illegal harassment under the law.

These behaviors may be in violation of Lockheed’s harassment policy or considered inappropriate for your work environment.

There are workplace behaviors that are inappropriate or unprofessional that do not constitute illegal harassment under the law.

These behaviors may be in violation of Lockheed’s harassment policy or considered inappropriate for your work environment.

• Implement and enforce policy.• Be a role model for behavior.• Take employee complaints seriously - act on them; report to HR or Equal Opportunity Programs Office• Stop inappropriate behavior. • Don’t do harassing behavior!• Don’t retaliate!

What isn’t What isn’t harassment?harassment?

What isn’t What isn’t harassment?harassment?

• Consensual dating *

• Mutual discussions about religion, news, personal issues, etc.

• Funny stories and humor, birthday cards

• Compliments

• Touching as part of your safety/training situations (based on relationships and situation)

How to determine severity of conduct and action to take?

GO

SLOW

STOP

GO GREEN - GO

These actions are not sexual harassment.Behavior is appropriate and respectful: • Consistent with policies, value statements, manager’s expectations

Behaviors are impermissible (violates policy & values), or inappropriate (violates manager’s expectations, interferes with teamwork or productivity). • Discipline may happen.

YELLOW - Slow downSLOW

STOP RED - STOP

Severe behaviors:• Illegal sexual harassment• Violation of policy.Discipline or termination.

Severe behaviors:• Illegal sexual harassment• Violation of policy.Discipline or termination.

STOP

SLOW

GO Respectful

Impermissible or inappropriate

Ilegal/policy violation

Five case situations to apply traffic lights

Five case situations to apply traffic lights

STOP BEFORE ACTING!

Would I want any of my behaviors published on Lockheed’s website or in the local newspaper?

STOP BEFORE ACTING!

Would I behave the same way if my spouse, significant other, best friend, or daughter/son was standing next to me?

STOP BEFORE ACTING!

Would I want someone else to act this way toward my spouse, significant other, best friend, or daughter/son?

10 Rules to nip inappropriate behavior in the bud!

Rule #1: NO suggestive or sexual materials

Rule #2: Your direct reports aren’t your family

Rule #3: NO derogatory sex, race, etc. related language

Rule #4: Beware of the Nonverbals

“A How-To-List for Building a Culture of Respect” from Diversity Insight, March 14, 2010


Rule #5: NO terms of endearment

Rule #6: Watch the hands

Rule #7: NO sex life discussion



Rule #8: Keep compliments on a professional level

Rule #9: E-mail and voice-mail messages

Rule #10: Applies to work-related situations away from Lockheed premises


What are the employment consequences for your actions?

What are the employment consequences for your actions?

Employment consequences: discipline up to and including discipline up to and including discharge.discharge.

1.1. You did the harassing You did the harassing conduct. conduct.

2.2. An employee complains to An employee complains to you and you did not act.you and you did not act.

3.3. You had knowledge (saw or You had knowledge (saw or heard) and did not act on heard) and did not act on that knowledge.that knowledge.

4. You retaliate against 4. You retaliate against employees.employees.





What are the legal consequences for What are the legal consequences for your actions? actions?

What are the legal consequences for What are the legal consequences for your actions? actions?

Legal liability for Lockheed when:









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