Presentation on theme: "What Supervisors Need to Know. Session Objectives You will be able to: Recognize illegal discrimination and workplace harassment Differentiate between."— Presentation transcript:
Session Objectives You will be able to: Recognize illegal discrimination and workplace harassment Differentiate between the two main kinds of harassment Understand and follow workplace policy Report incidents and cooperate in investigations Help promote and maintain a comfortable, productive work environment
Why You Need to Know We all have the right to fair treatment at work Discrimination, including harassment, harms everyone It undermines the trust and respect necessary for a productive work environment Men and women on every level may be harassers or victims
How Widespread Is Discrimination and Harassment? About 70% of women and 20% of men have experienced discrimination and harassment As an example, there are about 30,000 sexual harassment cases filed each year. In 2012, charges of discrimination and harassment cost U.S. companies more than $400 million Complaints filed by men have more than tripled in recent years
Discrimination and the Law Title VII ADEA ADA GINA State/Local Laws Equal Employment Opportunity Commission (EEOC)
What is Sexual Harassment The EEOC defines sexual harassment as sexual conduct that is: Unwelcome Harmful Illegal Two types: Quid Pro Quo Hostile Work Environment
Quid Pro Quo Latin for “this for that” Tangible employment action Term or condition for continued employment Basis for employment decisions Undesirable effects on employee opportunities
Severe or pervasive conduct (or both) Unreasonably interferes with work performance Creation of an intimidating or offensive work environment Hostile Work Environment
Possible Hostile Work Environment Examples Offensive touching or “horseplay” Displaying offensive posters, cartoons, drawings, calendars, screen savers, etc. Derogatory, sexist, or racist comments or jokes Regularly: Using crude/vulgar language or body language Making rude comments or jokes about a protected class Repeatedly asking out a person who has told you they are not interested
Discrimination in Today’s Workplace In today’s workplace, we interact in many ways. Conduct no longer has to be in the physical presence of the victim to constitute harassment. Inappropriate communication received through e- mail, fax, text messages, or phone (including personal cell phone) calls may also be considered discrimination / harassment. After hours communications may be considered as well.
Exercise #1 Do you understand why it is important to know about harassment? Do you understand the two main forms of sexual harassment—Quid Pro Quo and hostile work environment?
Tangible Employment Action Or Hostile Work Environment? An employee is asked to talk about her potential promotion with her supervisor after business hours at a romantic restaurant. An employee brings a sexually explicit gag gift into work for a coworker’s birthday present.
Tangible Employment Action or Hostile Work Environment? (cont.) A supervisor regularly uses obscene language when talking to his/her employees. Mary Smith receives smaller pay increase based on performance than other employees with similar performance because she is Morman.
Our Policy Provides a clear statement of our position against sexual harassment Promotes compliance and prevention by defining responsibilities Protects your rights and fosters respect for all
Our Policy (cont.) Familiarize yourself with the policy Publicize the policy Enforce the policy Review the policy periodically
Automatic liability for supervisor’s tangible employment action Potential liability for supervisor’s tangible employment action If no tangible employment action, the workplace might avoid liability Liability
Liability (cont.) Li ability for actions of coworkers Liability for actions of customers, clients, and independent contractors
Standards For Evaluating Discrimination & Harassment Reasonable Person Standard What may not be offensive to you may offend someone else. A third party can be offended by sexual conduct or others’ communication.
Who’s Responsible? Those who commit acts of discrimination and/or harassment, including: Employees at any level Third Parties Members of the same sex
Who’s Affected? Those who experience harassment, including: Direct targets Bystanders and witnesses
So What Happens Next? Treated SERIOUSLY Treated CONFIDENTIALLY Treated PROMPTLY
Exercise #2 Do you think you can recognize examples of discrimination and/or harassment? Is it clear who may be affected by discrimination and/or harassment in the workplace?
Is There Harassment Potential? A female employee wears miniskirts to work. Is this inviting sexual harassment? A female supervisor makes frequent comments about a male employee’s physique. Could this be sexual harassment?
Is There Harassment Potential? (cont.) Two coworkers forward each other off-color jokes they receive in e-mails. Is this discrimination or harassment? An employee asks a coworker out. Is this sexual harassment? Two coworkers develop a romantic relationship. Is this sexual harassment?
Is There Harassment Potential? (cont.) A good customer makes racially charged comments to employees. Is this discrimination? Two coworkers talk privately about their weekend escapades. A coworker overhears the conversation, and is offended. Is this sexual harassment?
Handling Complaints Encourage reporting Respond to all complaints Allow employees to bypass the normal chain of command
Handling Complaints (cont.) Respect confidentiality Strike a balance between confidentiality and the need to investigate Protect everyone’s rights
Taking Corrective Action (cont.) Make certain the victim is not adversely affected Stop the harassment and make sure it doesn’t recur
Taking Corrective Action (cont.) Correct the effects of the harassment Follow up to make sure the problem is concluded
Retaliation Prohibited There will be no retaliation against any employee who makes a good faith report, even if, after an investigation, it appears there has been no violation.
Prevention: What We All Can Do to Help Provide a clear statement of our position against sexual harassment Promote compliance and prevention by defining responsibilities Protect your rights and foster respect for everyone
Prevention: What You Can Do to Help Know and comply with workplace policy Address incidents of harassment immediately
Prevention: What You Can Do to Help (cont.) Support victims Cooperate with investigations
Key Points to Remember! Discrimination and harassment are prohibited by law and our workplace policy It involves more than physical conduct; it can also be verbal or visual Discrimination and harassment harms us all You have the power to help prevent it