1. What Supervisors Need to Know

2. 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

3. 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

4. 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

5. Discrimination and the Law  Title VII  ADEA  ADA  GINA  State/Local Laws  Equal Employment Opportunity Commission (EEOC)

6. 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

7. 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

8.  Severe or pervasive conduct (or both)  Unreasonably interferes with work performance  Creation of an intimidating or offensive work environment Hostile Work Environment

9. 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

10. 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.

11. 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?

12. 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.

13. 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.

14. 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

15. Our Policy (cont.)  Familiarize yourself with the policy  Publicize the policy  Enforce the policy  Review the policy periodically

16.  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

17. Liability (cont.)  Li ability for actions of coworkers  Liability for actions of customers, clients, and independent contractors

18. 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.

19. Who’s Responsible?  Those who commit acts of discrimination and/or harassment, including:  Employees at any level  Third Parties  Members of the same sex

20. Who’s Affected?  Those who experience harassment, including:  Direct targets  Bystanders and witnesses

21. So What Happens Next?  Treated SERIOUSLY  Treated CONFIDENTIALLY  Treated PROMPTLY

22. 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?

23. 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?

24. 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?

25. 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?

26. Handling Complaints  Encourage reporting  Respond to all complaints  Allow employees to bypass the normal chain of command

27. Handling Complaints (cont.)  Respect confidentiality  Strike a balance between confidentiality and the need to investigate  Protect everyone’s rights

28. Taking Corrective Action  Take effective remedial action  Balance competing concerns

29. Taking Corrective Action (cont.)  Make certain the victim is not adversely affected  Stop the harassment and make sure it doesn’t recur

30. Taking Corrective Action (cont.)  Correct the effects of the harassment  Follow up to make sure the problem is concluded

31. 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.

32. 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

33. Prevention: What You Can Do to Help  Know and comply with workplace policy  Address incidents of harassment immediately

34. Prevention: What You Can Do to Help (cont.)  Support victims  Cooperate with investigations

35. 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