1. Please read the User Guide before you begin.

2. Identifying, Preventing and correcting Harassment in the Workplace*
4/15/2017
Identifying, Preventing and correcting Harassment in the Workplace
Use your company logo. *

3. You have received your company’s harassment prevention policy;
Acknowledgement Form *
4/15/2017
You have attended this class;
You have received your company’s harassment prevention policy;
You know how to report harassment if you are harassed or know of someone being harassed;
You understand your responsibility as an employee/supervisor;
You will read and comply with the policy;
You know who to ask if you have questions.
Explain that this is a legal document and will be placed in their employment file. They may want to have a copy of it. *

4. What are the effects of harassment at work?*
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Harassment creates an offensive and “hostile work environment”.
It’s expensive.
Turnover, retention, attracting new employees.
Promotes poor morale.
Financial settlements and legal fees.
Prohibits effective performance.
The supervisors will come up with many good answers.
Psychological damage
Negative publicity
Limits productivity. *

5. Are there laws regarding harassment and discrimination?*
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Civil Rights Act of 1866
Civil Rights Act of Title VII
Age Discrimination in Employment Act
Americans With Disabilities Act
Significant clarifications
1980 – Sexual Harassment is discrimination & illegal
1993 – Harassment based on discrimination is illegal
Employers must maintain a harassment free workplace
EEOC has authority to enforce Title VII
Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Civil Rights Act of 1866 protected all men, regardless of race, contractual rights (mostly pertaining to property rights). Title VII prohibits discrimination in employment because of race, color, religion, sex, or national origin. The ADEA prohibits employment discrimination against person 40 years of age or older. In 1980 the EEOC clarified by law that sexual harassment is a form of sex discrimination and is therefore illegal. In 1993 the EEOC broadened the scope of unlawful harassment to include race, color, religion, gender, national origin, age, disability or veteran status. Also in 1993 employers have a duty to maintain a work environment free from harassment and the EEOC has the authority to enforce Title VII. Originally, the Vietnam Era Readjustment Assistance Act, USERRA prohibits discrimination against veterans. *

6. Equal Employment Opportunity Commission (EEOC) Statistics 2008*
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Equal Employment Opportunity Commission (EEOC) Statistics 2008
75,768 discrimination
charges filed in 2007
30,510 Race
26,663 Retaliation
24,826 Sex
19,103 Age
17,734 Disability
9,396 National Origin
2,880 Religion
Interesting statistics for supervisors/employees to know. *

7. *
Does an employee have to accept harassment by a non-employee at your worksite?
Employers may be held liable for failing to protect their employee’s from harassment by anyone (vendor, student, employee, customer, etc.) in the course of their work.
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Ruling 1 - Salazar v. Paratransit District
Employers may be held liable for failing to protect their employee’s from harassment by anyone (vendor, student, employee, customer, etc.) in the course of their work. *

8. Why is it important for supervisors to be trained in harassment prevention?*
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Supervisors have direct contact with employees and they represent the employer.
Employers are strictly held liable for harassment by a supervisor.
Supervisors are legally obligated for harassment prevention in the workplace.
Supervisors have legitimate power. *

9. 5 What makes harassment illegal ?*
What makes
harassment illegal ?
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Conduct is harassment if (based on a legally protected status)
It creates an intimidating or hostile work environment,
Unreasonably interferes with the individuals work,
Adversely impacts the individuals employment opportunities. *

10. What is Sexual Harassment?*
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Hostile Work Environment
Saying things that are sexual
Saying things related to sex
Touching
Quid Pro Quo
Implying sex is a condition of employment
Making sex a condition of employment
Under both CA and federal law, there are two types of sexual harassment. *

11. Preventing Sexual Harassment for Managers and Supervisors
Video *
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Preventing Sexual Harassment for Managers and Supervisors
Under both CA and federal law, there are two types of sexual harassment. *

12. 7 harassment is? Who decides what The “reasonable person”.*
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The “reasonable person”.
Ellison v. Brady, 1991
Ruling 2 – Ellison v. Brady - Claims made by unreasonable people may cause the organization huge nightmares, but the law determines if the harassment is illegal from the eyes of the reasonable person. *

13. 8 What are “remedies” and What remedies might be awarded?*
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Restoration of job
Backp
Out-of-pocket losses
Affirmative relief
Mandated training
Policy changes
Emotional distress damages
Administrative fines
Attorney’s fees
Expert witness fees
Check the DFEH and EEOC websites for more information on this. *

14. Employees can pursue a private lawsuit in civil court.*
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You stated earlier that it is the employer. The supervisor represents the employer and therefore it is the supervisor. *

15. 9 Who is legally obligated for harassment prevention? 4/15/2017*
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You stated earlier that it is the employer. The supervisor represents the employer and therefore it is the supervisor. *

16. *
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The 1993 EEOC Guidelines state that employers are liable for the acts of those who work for them if they knew or should have known about the conduct and took no immediate, appropriate corrective action. *

17. 10 How do we prevent harassment?*
How do we
prevent harassment?
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Preventing harassment at work begins with a clear company policy statement. *

18. and closes the door on harassers.*
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Training and awareness helps others realize the pain and indignity of harassment…
and closes the door on harassers. *

19. Be a positive role model.*
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Be a leader.
Be a good example.
Be a positive role model. *

20. *
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Create an atmosphere where employees know they can discuss issues with you. *

21. Take immediate, appropriate, corrective action. *
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Take immediate, appropriate, corrective action. *

22. "and this is also how to avoid false claims"*
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Assure employees that they will not experience retaliation for reporting harassment.
Investigate all complaints of harassment to find supporting facts.
Give all accused of harassment an opportunity to respond.
"and this is also how to avoid false claims" *

23. *
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Use the same disciplinary action process as you would use in treating any violation of company policy...depending on the severity of the offense. *

24. Confidentiallity
Assure employees that complaints and the identities of the parties involved will be kept confidential but only to the extent that it is possible.

25. SPOT IT & STOP IT. Be prepared to explain your company policy.*
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SPOT IT & STOP IT. Be prepared to explain your company policy. *

26. People have different sensitivities.*
Insensitive
Reasonable
Hypersensitive
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People have different sensitivities. *

27. *
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DISCUSSION & REVIEW *

28. 12 What are some of the excuses people use for harassing?*
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I was joking.
Everyone here does it.
I didn’t know it was harassment.
Hey, he/she came on to me.
Nothing offends me.
Oh come on…they do it on TV.
I don’t think this applies to me.
Don’t you think people over react?
Wait, am I supposed to change? *

29. Can I peek under your skirt?
What
would
YOU D *
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You are a supervisor and find the other supervisors continuously use obscenities and sexual jokes.
Can I peek under your skirt?
@#^*%#
Ruling 8 EEOC v. National Education
CA Department of Fair Housing v. Sigma Circuits, Inc., (1988).
Christopher, Bhend,Chamara (EEOC) v. National Education – 2007 *

30. Why Are Managers Reluctant to Counsel Regarding Harassment?*
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It’s uncomfortable!
Ask the supervisors to answer this question. *

31. Miller v. Department of Corrections (7/2005) CA
What
would
YOU D *
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You are the Department Manager. A male supervisor that has 5 female subordinates reports to you. He shares with you that he is having consensual sex with 3 of the subordinates. 3 women he is sleeping with are treated differently than the other 2. They get paid time off, they get raises in pay and they are given opportunities for promotion above the other 2.
Ruling 3 Miller v. Dept of Corrections
Miller v. Department of Corrections (7/2005) CA *

32. Why do some employees hesitate to report harassment?*
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It’s Embarrassing!
It’s Humiliating!
It’s Risky!
Reporting acts of harassment by a supervisor carries risks
that are both professional and economic.
They are worried about their job!
When deciding whether to report a supervisor’s harassment to an
employer, the harassment victim, who may already feel vulnerable
and defenseless, is likely to wonder: Will my employer believe me?
Will my employer fire me, demote me, label me a troublemaker, or
transfer me to a position with no future?
Ask the supervisors to answer this question. *

33. What
would
YOU D *
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You are the owner of the company. An accountant complains to you that he is afraid of losing his job if he does not continue his sexual relationship with his supervisor, the CFO. He tells you that she hugs him, kisses him and fondles him regularly and has done so for the last 5 1/2 years. He has asked her stop and wants it over with. She does not stop.
Ruling 4 Gutierrez v. CalSpa
Gutierrez v. Cal Spa (1992) *

34. *
What are some solutions for ways to counsel employees regarding harassment?
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Use effective feedback.
Don’t judge.
Use authority if necessary.
Do say, “That is not appropriate for work”.
Ask the supervisors to answer this question. *

35. EEOC v. TIC The Industrial Company
What
would
YOU D *
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You are the Foreman. Beasley, Graves and Smith were hired as truck drivers for Hill Brothers in September 1999, July 2001 and August 2001 (respectively). All three complained about sexually offensive comments and unwanted physical contact from Gregg Witt beginning in 2001.
Ruling 6 EEOC v. TIC
EEOC v. TIC The Industrial Company *

36. 20 What would YOU D Kraus v. Cingular (PA 2008)*
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You are the HR Director. Amy is a temp at your company. According to Amy, she and the supervisor at your company, Joseph, communicated with each other via instant message (IM). In one IM conversation, Amy and Joe were discussing a sex dream he’d had about her. As the exchange progressed Amy wrote, “the dream was totally flattering and um, I dunno, kinda hot and surprising all at the same time.” Joe continued to make sexual advances. Amy lost interest in him and soon quit her job. She then complained to her temporary agency manager about Joseph’s disgusting behavior. The agency contacted you to file a complaint.
Ruling 7 Kraus v. Cingular
Kraus v. Cingular (PA 2008) *

37. Please complete your certificate of completion.
Be sure you have signed the class training record.
Please complete your certificate of completion.