It’s all about Respect in the Workplace! Avoiding Harassment: It’s all about Respect in the Workplace!

Anti-Harassment and Anti-Discrimination All employees have the right to work in an environment free of illegal harassment. Whose responsibility is it to maintain respectful workplace? Source Target Observers Persons in positions of authority

Protected Classifications Sex Sexual orientation Gender identity Age Race, Color Disability National Origin Religion, Creed Military veteran status

Marshalltown’s Policy It is the policy of the City of Marshalltown, Iowa to prohibit harassment and to maintain a professional and quality working environment for all employees. Every employee and supervisor is responsible for eliminating harassment Report within 5 days to Supervisor, Department Director, City Administrator Human Resources and Department Director notified; Immediate investigation As confidential as possible No retaliation Discipline up to and including termination

Why is Respect so important? No one wants to work in an environment where he/she feels uncomfortable or harassed Opposite of a Respectful workplace == workplace of discrimination and discomfort Not only harmful, but illegal. Law guarantees all employees a workplace free from discrimination and harassment

FOUR MAIN REASONS YOU SHOULD BE RESPECTFUL IN THE WORKPLACE Job Satisfaction – No one likes to come to work when they are being harassed or witness harassment. Job Productivity – When there is harassment in the workplace, obviously employees are not being productive and getting their work done. Job Security: - As a potential harasser – it could cost you your job! At a minimum you will be disciplined on some level and could be terminated. Entanglement in legal matters – Harassment can lead to lawsuits, and everyone suffers – the alleged harasser, the victim, and other employees who may be called into court proceedings as witnesses. It is extremely unpleasant!

THE LAW Definition of Sexual Harassment and Other Unlawful Harassment The Equal Employment Opportunity Commission defines sexual harassment as: Any unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature when: Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual’s employment Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment

QUID PRO QUO HARASSMENT “This for That” Only occurs between person in position of authority and a subordinate

EXAMPLES OF PROHIBITED CONDUCT (not all inclusive list) Spoken or written comments relating to a person’s sex or other protected characteristic, including off color jokes Any unwelcome advance or contact of a sexual nature Sexually oriented comments about a person’s body or behavior Showing or displaying pornographic or sexually explicit objects, or illustrations in the workplace or while performing duties for the employer Leering, stares, gestures Touching someone – brushes, pats, grabbing, shoulder rubs, hugs Excessive attention – love letters, texts, emails, calls, gifts

HOSTILE ENVIRONMENT SEXUAL HARASSMENT Unwelcome Sex-based conduct Offensive (both personal and objective) Severe or pervasive AND Behavior that has the purpose or effect of: Unreasonably interfering with an individual’s work performance OR Creating an abusive working environment that’s intimidating, hostile or offensive

Would I say this to my Grandma? WHAT IS UNWELCOME? Not wanted What about silence? What about joining in? Take the “Grandma Test” before you say or do anything: Would I say this to my Grandma? If it’s not about Business it’s none of your Business!

WHAT DOES OFFENSIVE MEAN? Would a Reasonable Person be Offended? “But I didn’t mean that….I was only joking….I didn’t mean to hurt his/her feelings.” Intent doesn’t matter!

SEVERE OR PERVASIVE ELEMENT HOW MUCH IS TOO MUCH? Hostile Environment – Pervasive Conduct A pattern of repeated conduct is usually required Elements of: How severe is the behavior? How often does it occur?

MUST BE LINKED TO WORK The behavior has the purpose or effect of: Unreasonable interference with an individual’s work performance OR Create an abusive working environment that is intimidating, hostile or offensive

NOT HARASSMENT Insisting that people be at work on time and perform duties Insisting people meet performance expectations.

WHO CAN MAKE A COMPLAINT? Male harasser/Female complainant Female harasser/Male complainant Male harasser/Male complainant Female harasser/Female complainant Vendors, customers, citizens

REPORTING PROCEDURE Employees may either: Report to Supervisor/Manager of their area Human Resources City Administrator

REPORTS AND COMPLAINTS EVERYONE has responsibility to report all concerns about potential harassment to Human Resources Source Target Observers Persons in position of authority

REPORTS WILL BE: Kept as confidential as possible Investigated promptly Action, if appropriate, will be taken No retaliation

WHERE CAN YOU FIND POLICY? Sexual Harassment policy is on the City webpage and Employee Intranet Materials from this presentation will be available electronically from HR Copies of policies available in HR Part of new employee orientation: policy provided and training

LIABILITIES The City and individuals can be held liable! Supervisors can be personally liable for engaging in harassing behavior Supervisors can be personally liable for failing to take action when knew or should have known harassment was occurring. Individuals may have to obtain own attorney and pay for damages

EXAMPLE 1 Nathan, Michelle and Tina are co-workers who often hang out together. Tina wanders by Nathan’s office and sees Michelle in there. Michelle motions to Tina to come in and close the door. Nathan then shows her an off-color email he received from a friend. Michelle laughs hysterically and tells Nathan has a sick mind, just like hers. Tina says nothing and walks out.

QUESTIONS Is this sexual harassment? Why or why not? Can it be sexual harassment if one woman is offended but another is not? Has Tina conveyed to Michelle or Nathan that she finds this material offensive? What risks is Nathan taking by receiving and showing off color emails?

EXAMPLE 2 Ann was hired as the first female on the engineering construction crew. After only six months on the job she resigned. During her exit interview with an HR representative, she explained that she could no longer put up with the sexual comments the crew made about women in general. She said the foreman once told her “Boys will be boys. You have to learn to live with it.” Is this a case of sexual harassment?

WHICH ANSWER IS CORRECT? A. No because the comments were not made about her or to her. B. No. None of the crew touched her or asked for sexual favors. C. It may be.

Productive happy employees CONCLUSION No Discrimination Respectful Workplace Productive happy employees Productive Workplace No Harassment