Employee Harassment Prevention Workshop: A Brief Overview of the Law

Types of Unlawful Harassment Employee Harassment Prevention Types of Unlawful Harassment Federal law prohibits harassment based on a person’s: Age Color Disability National Origin Race Religion Sex

Harassment Prohibited by State or Local Laws or Institutional Policy Employee Harassment Prevention Harassment Prohibited by State or Local Laws or Institutional Policy (List additional prohibited harassment covered by your institution’s policy, local or state laws.)

Who Can Be a Victim of Harassment? Employee Harassment Prevention Who Can Be a Victim of Harassment? Anyone can be a victim. Everyone is protected by harassment laws.

Two Types of Harassment Claims Employee Harassment Prevention Two Types of Harassment Claims Quid pro quo Hostile environment

Employee Harassment Prevention Quid Pro Quo in Detail Quid pro quo is Latin for “this for that.” Definition: Employee must submit to a supervisor’s request for sexual favors in exchange for a job benefit or to avoid a negative job consequence. Example: Employee must go on a date with his or her supervisor to get a raise or is demoted for refusing.

Hostile Environment in Detail Employee Harassment Prevention Hostile Environment in Detail Definition: Verbal or physical conduct that relates to a protected category. The conduct is unwelcome. The conduct is severe or pervasive. A reasonable person would believe that the conduct creates a hostile work environment. Example: An employee is repeatedly ridiculed by other employees because of his age. Even after repeated requests for the teasing to stop, the employee continues to be singled out.

Examples of Other Types of Harassment Employee Harassment Prevention Examples of Other Types of Harassment Racial slurs Making fun of someone’s disability Jokes about a particular national origin Demeaning comments about a religion Negative comments about a person’s age

Our Policy and Where to Report Employee Harassment Prevention Our Policy and Where to Report (Provide hard copy of policy or web link) (List places where individuals can go to report harassment)

Harassment or Assault of Students Employee Harassment Prevention Harassment or Assault of Students All employees who know or hear about harassment or assault of a student must report it Law applies to all employees, not just supervisors Exceptions: Counselors or psychologists legally required to maintain client confidentiality Report to Title IX coordinator

Employee Harassment Prevention No Retaliation Cannot retaliate against someone for bringing or supporting a complaint Complaint only needs to be brought in good faith No retaliation even if no unlawful harassment found