Welcome toWelcome to

Understanding Understanding HarassmentHarassment

An EnvironmentAn Environment

When employees and customers see how When employees and customers see how well we treat one another, they will know well we treat one another, they will know

that this is a good place to work.that this is a good place to work.

We cannot provide to our customers what we are We cannot provide to our customers what we are unable or unwilling to provide each other as co-unable or unwilling to provide each other as co-workers.workers.

If they see or hear uncaring behaviors, they will If they see or hear uncaring behaviors, they will not find the professional healthy, healing not find the professional healthy, healing environment they need.environment they need.

Create a Respectful and Professional Workplace

What is Harassment?What is Harassment?

A supervisor who frequently asks an employee about the status of an assigned project is not engaging in harassing behavior. The supervisor has a legitimate business reason for the questions and would not be considered to have unlawfully harassed the employee.

Harassment in the workplace occurs when an individual or group of people is treated inappropriately because of their membership in one or more protected groups. Religion, sex, race, national origin, color, age, sexual orientation, physical or mental handicap are examples of groups protected under Federal laws.

The three most common types of The three most common types of illegal harassment are:illegal harassment are:

Offensive jokes and language, threats and comments about a person’s body or appearance are examples of verbal harassment.

Touching, holding, grabbing and other unwanted physical and sexual assault.

Types of HarassmentTypes of Harassment

Staring at a person’s body, offensive gestures and circulating degrading or offensive letters, pictures, email or cartoons.

Harassment in the workplace can be damaging to both employees and the organization.

Harassment affects the victim’s physical and emotional health, resulting in loss of productivity, increased absenteeism, low morale and damaged teamwork.

For the employer, harassment can lead to increased turnover, law suits, negative publicity, and lengthy formal investigations. It is necessary that all employees and supervisors become aware of illegal workplace harassment and take responsibility for preventing and stopping all forms of harassment.

Effects of HarassmentEffects of Harassment

Sexual harassment is defined as:Sexual harassment is defined as:

A form of discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

(1) Submission to or rejection of such conduct is either explicitly or implicitly a term or condition of a person’s job, pay or career.

Definition of Definition of Sexual HarassmentSexual Harassment

(2)(2) Submission to or rejection Submission to or rejection of such conduct by a person of such conduct by a person is used as a basis for career is used as a basis for career or employment decisions or employment decisions affecting that person.affecting that person.

(3) Such conduct interferes with an individual’s performance or creates an intimidating, hostile or offensive environment.

Definition ofDefinition ofSexual Harassment Sexual Harassment ContinuedContinued

• EEOC guidance provides employees may EEOC guidance provides employees may engage in personal religious engage in personal religious expression expression to the greatest extent possible, to the greatest extent possible, consistent with workplace efficiency consistent with workplace efficiency and requirements of Federal law.and requirements of Federal law.

Example:Employers may restrict all posters, or posters of a certain size, in private work areas, or require that such posters be displayed facing the employee and not on common walls; but the employer cannot single out religious or anti-religious posters for harsher or preferential treatment.

Religious HarassmentReligious Harassment

• Employers may not regulate employees Employers may not regulate employees personal religious personal religious expressionexpression on the on the basis of its content or viewpoint.basis of its content or viewpoint.

Example:In informal settings, such as cafeterias and hallways, employees are entitled to discuss their religious views with one another, subject only to the same rules of order as applied to other employee expression. If an agency permits unrestricted non-religious expression of a controversial nature, it must likewise permit equally controversial religious expression.

Religious HarassmentReligious Harassmentcontinuedcontinued

Employers cannot restrict personal Employers cannot restrict personal religious religious expression expression except when except when outweighed by government interest or outweighed by government interest or public service or when expression intrudes public service or when expression intrudes upon rights of other employees or creates upon rights of other employees or creates the appearance to a reasonable observer of the appearance to a reasonable observer of an official endorsement of religion.an official endorsement of religion.

Example: During a coffee break, one employee engages

another in a polite discussion of why his faith should be embraced. The other employee disagrees with the first employee’s religious commitment, but does not ask that the conversation stop. Under these circumstances, agencies would not restrict or interfere with such speech.

Religious HarassmentReligious Harassmentcontinuedcontinued

Federal law requires an agency to Federal law requires an agency to accommodate employees’ accommodate employees’ exerciseexercise of their religion unless such of their religion unless such accommodation would impose an accommodation would impose an undue hardship on the conduct of undue hardship on the conduct of the agency’s operations.the agency’s operations.

• A religious accommodation cannot be denied if the agency regularly permits similar accommodations for non-religious purposes.

Accommodations to Accommodations to ReligionReligion

Employees are responsible for Employees are responsible for reporting incidents of reporting incidents of harassment to the appropriate harassment to the appropriate supervisory level if:supervisory level if:

•Behavior does not stop after harasser is confronted.•Employee is uncomfortable in addressing harasser.•Behavior is severe and possibly criminal in nature.

Remedy & Remedy & Responsibilities of the Responsibilities of the EmployeeEmployee

• Administrative Grievance or Negotiated Grievance Procedures, as applicable

• EEO Discrimination Complaint Process

• USC Title 10 Section 1561

Employees may also pursue complaints of harassment through the following avenues:

Other Venues for Other Venues for Harassment Harassment RemediationRemediation

In Closing...In Closing...

Final ConsiderationsFinal Considerations

Harassment Free Harassment Free WorkplaceWorkplaceWe have a zero tolerance policy for We have a zero tolerance policy for harassment in all of its forms. harassment in all of its forms. Including, but not limited to, Including, but not limited to, harassment based on:harassment based on:

•SexSex•RaceRace•Age Age •National OriginNational Origin•ReligionReligion•Sexual OrientationSexual Orientation•Political PreferencePolitical Preference

Key Points on HarassmentKey Points on Harassment It’s the impact, not the intent.It’s the impact, not the intent.

Whether or not you intended harm doesn’t Whether or not you intended harm doesn’t change the fact that someone was impacted by change the fact that someone was impacted by your actions or behavior.your actions or behavior.

Direct or indirect, subtle or obviousDirect or indirect, subtle or obvious Employees expect to work in an environment Employees expect to work in an environment

that is not hostile or intimidating. This that is not hostile or intimidating. This includes jokes, slurs, pictures, comments – includes jokes, slurs, pictures, comments – anything that could be felt as harassment.anything that could be felt as harassment.

It can take place at the workplace or off It can take place at the workplace or off duty such as social gatherings.duty such as social gatherings. Act early and talk to the accused. Ask them to Act early and talk to the accused. Ask them to

stop the behavior. If not resolved, escalate stop the behavior. If not resolved, escalate this situation by discussing with your leader or this situation by discussing with your leader or manager who will then investigate the manager who will then investigate the activities with the assistance of Human activities with the assistance of Human Resource Department.Resource Department.

If you are uncomfortable talking with the If you are uncomfortable talking with the person contact your manager. If it is your person contact your manager. If it is your manager that is the cause of the problem then manager that is the cause of the problem then speak with someone in the Human Resource speak with someone in the Human Resource Department.Department.

Thank you for your participation