Harassment Prevention Training for Summer Employees

The behavior of a person or people that a reasonable person finds offensive, aggravating or otherwise unwelcome What is Harassment?

Foundation of harassment and discrimination laws Sex/Gender Race/Ethnicity National Origin Age Veteran Status Disability/Medical Condition Pregnancy Religion Sexual Orientation Protected Categories

According to the law, there are two types of illegal discrimination. Disparate treatment o A supervisor that treats employees differently based on gender (or other protected category) Disparate impact o A policy that adversely impacts individuals in a certain group) Discrimination

Example: Policy requiring all employees to work on days that conflict with their religious holiday observance Disparate Impact

For workplace harassment to be considered illegal, it must: relate to a protected class be unwelcome; and one of the next three Harassment

1. have the effect of creating an intimidating, hostile, humiliating, or offensive working environment 2. have the purpose or effect of unreasonably interfering with an individual's work performance; or 3. otherwise adversely affects an individual's employment opportunities Harassment

Jokes, graffiti, comments, stories, photographs, gestures, or other written materials can create a hostile work environment as well Did you know?

A complaint of unlawful harassment will likely be dismissed if the recipient welcomed or even participated in the behavior at any time. Can't claim to be harassed by that same behavior later. The Welcomeness Standard

Behavior is judged from the perspective of a reasonable person in the same protected category in the same situation The Reasonable Person Standard

Severe action is a single incident that is very offensive and seriously impacts the individual's ability to work or learn Pervasive refers to a pattern of behavior that involves repeated incidents Severe or Pervasive Behavior

One inappropriate joke is indeed inappropriate, but it would not be severe or pervasive enough to be considered harassment. The behavior should be still be reported and addressed. Severe or Pervasive Behavior

Unwelcome sexual advances, requests for sexual favors, touching, etc. Comments about an individual's body; sexual stories or comments; cartoons or jokes; or other items of a sexual nature Sexual Harassment

Quid pro quo o Exchange of benefits Hostile work environment o Interferes with job performance, offensive work environment (severe/pervasive) Types of Sexual Harassment

Create awareness of actions that may be perceived as offensive and refrain from engaging in that behavior Responsible for reporting any activities you experience or witness that you feel are inappropriate Why talk about harassment?

Scenario Javonne says she has been inappropriately touched in the supply room as other workers push by her to get something off a shelf. Is this sexual harassment?

Maybe, the key is "inappropriately touched." If the unwanted contact was sexual, based on gender and would upset an unreasonable person. This contact could create a hostile work environment. Scenario

Anyone you come into contact with while performing your job Copy machine repair person, vendor, independent contractor It is especially important that you report any third-party harassment to Bucknell Third Party Harassment

Potential harassment disputes can almost always be avoided by adhering to basic standards of mutual respect Many times just telling someone you are offended and they should stop is enough Summary

If you witness a situation or find yourself in a situation you feel is harassing, contact Human Resources Summary