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Www.trainmetoday.com1. 2 You have attended this class; You have received your company’s harassment prevention policy; You know how to report harassment.

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Presentation on theme: "Www.trainmetoday.com1. 2 You have attended this class; You have received your company’s harassment prevention policy; You know how to report harassment."— Presentation transcript:

1 www.trainmetoday.com1

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3 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. 3www.trainmetoday.com Acknowledgement Form

4 What are the effects of harassment at work?  Harassment creates an offensive and “hostile work environment”.  It’s expensive.  Promotes poor morale.  Turnover, retention, attracting new employees.  Limits productivity.  Prohibits effective performance.  Financial settlements and legal fees.  Psychological damage  Negative publicity 4www.trainmetoday.com

5 Are there laws regarding harassment and discrimination? Civil Rights Act of 1866 Civil Rights Act of 1964 - Title VII Age Discrimination in Employment Act - 1967 Americans With Disabilities Act - 1990 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) - 2000 5www.trainmetoday.com

6 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 6www.trainmetoday.com

7 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. Does an employee have to accept harassment by a non-employee at your worksite? 7www.trainmetoday.com 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 ? 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. 8www.trainmetoday.com

9 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. What makes harassment illegal ? 9www.trainmetoday.com

10 What is Sexual Harassment? 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 10www.trainmetoday.com

11 Video Preventing Sexual Harassment for Managers and Supervisors 11www.trainmetoday.com

12 Who decides what harassment is? The “reasonable person”. Ellison v. Brady, 1991 12www.trainmetoday.com

13 What are “remedies” and What remedies might be awarded? 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 13www.trainmetoday.com

14 Employees can pursue a private lawsuit in civil court. 14www.trainmetoday.com

15 Who is legally obligated for harassment prevention? 15www.trainmetoday.com

16 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. 16www.trainmetoday.com

17 Preventing harassment at work begins with a clear company policy statement. How do we prevent harassment? 17www.trainmetoday.com

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

19 Be a leader. Be a good example. Be a positive role model. 19www.trainmetoday.com

20 Create an atmosphere where employees know they can discuss issues with you. 20www.trainmetoday.com

21 Take immediate, appropriate, corrective action. 21www.trainmetoday.com

22 1.Assure employees that they will not experience retaliation for reporting harassment. 2.Investigate all complaints of harassment to find supporting facts. 3.Give all accused of harassment an opportunity to respond. 22www.trainmetoday.com

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

24 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. 25www.trainmetoday.com

26 People have different sensitivities. InsensitiveReasonableHypersensitive 26www.trainmetoday.com

27 DISCUSSION & REVIEW 27www.trainmetoday.com

28 What are some of the excuses people use for harassing? 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? 28www.trainmetoday.com

29 What What would would YOU D YOU D You are a supervisor and find the other supervisors continuously use obscenities and sexual jokes. CA Department of Fair Housing v. Sigma Circuits, Inc., (1988). Christopher, Bhend,Chamara (EEOC) v. National Education – 2007 29www.trainmetoday.com

30 Why Are Managers Reluctant to Counsel Regarding Harassment? It’s uncomfortable! 30www.trainmetoday.com

31 What What would would YOU D YOU D 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. 31www.trainmetoday.com Miller v. Department of Corrections (7/2005) CA

32 Why do some employees hesitate to report harassment? 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? 32www.trainmetoday.com

33 What What would would YOU D YOU D 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. 33www.trainmetoday.com Gutierrez v. Cal Spa (1992)

34 What are some solutions for ways to counsel employees regarding harassment? 34www.trainmetoday.com Use effective feedback. Don’t judge. Use authority if necessary. Do say, “That is not appropriate for work”.

35 What What would would YOU D YOU D 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. 35www.trainmetoday.com EEOC v. TIC The Industrial Company

36 What What would would YOU D YOU D 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. 36www.trainmetoday.com Kraus v. Cingular (PA 2008)

37 PLEASE COMPLETE YOUR CERTIFICATE OF COMPLETION. Be sure you have signed the class training record. 37www.trainmetoday.com


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