Discrimination and Harassment Training Presentation Why are you reviewing this presentation today? Inappropriate behavior is a serious issue in the workplace. It has a negative impact on the victim, can result in disciplinary action (including termination) for the perpetrator, and can create legal liability for Hanford. Your objectives – Making clear a commitment to dignity and respect at Hanford – Learning what types of behaviors are prohibited – Learning what to do to address inappropriate behavior Why are you reviewing this presentation today? Did you know that over 53 charges of sexual harassment are filed with the Equal Employment Opportunity Commission every business day? Did you also know that the average jury award for a sexual harassment complaint is $250,000? Harassment and discrimination of all types can hurt businesses. According to the U.S. Equal Employment Opportunity Commission (EEOC), in the past 10 years, the average jury verdict in a case of sexual harassment was $250,000, not including legal fees, court costs and punitive damages, making it the most expensive harassment complaint. With such significant jury verdicts, companies have to take the issue seriously. What you will learn Hanford’s policy on harassment How harassment is defined The types of sexual harassment How to counsel employees How you prevent sexual harassment What the effects of sexual harassment are The basis of anti-discrimination law What Family Responsibilities Discrimination (FRD) is all about The broad spectrum of inappropriate workplace behavior Common sense approach to dealing with situations Let’s start with the basics It all begins with Title VII of the Civil Rights Act of 1964, and its subsequent amendments: Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination in employment on the basis of race, sex, national origin and religion. It also is unlawful under the Act for an employer to take retaliatory action against any individual for opposing employment practices made unlawful by Title VII or for filing a discrimination charge or for testifying or assisting or participating in an investigation, proceeding, or hearing under Title VII. Let’s start with the basics The American with Disabilities Act of 1990 brought additional changes: Title I of the Americans with Disabilities Act (the "ADA"), as amended, prohibits discrimination in employment against a qualified individual with a disability because of the disability. It also is unlawful under the Act for an employer to take retaliatory action against any individual for opposing employment practices made unlawful by the ADA or for filing a discrimination charge or for testifying or assisting or participating in an investigation, proceeding, or hearing under the ADA. Let’s start with the basics Discrimination on the basis of race, color, sex, sexual orientation, religion, creed, national origin, age, ancestry, veteran status, disability unrelated to job requirements, and genetic information is unlawful. Hanford attracts and recruits a richly diverse population of employees. Discrimination can isolate, humiliate, and silence an individual, as well as limit his/her capacity to be a contributing member of the company. It is important to be attentive to our interactions with others and be diligent not only in recognizing discriminatory behavior, but in speaking up when it is observed. The many forms of discrimination Discrimination takes many forms. They key is to maintain Hanford’s policy of anti-discrimination. One new form of discrimination is called Family Responsibility Discrimination" (FRD). This is a form of gender-based discrimination and occurs when an employee suffers an adverse employment action based on biases about how employees with family care giving responsibilities will or should act. Also, keep in mind the broad definition of ―adverse employment action.‖ This can mean termination, disciplinary action, demotion, or even lateral transfer, restriction from training, or even restriction from employee interactions. FDR is discrimination by stereotyping about an employee’s care giving responsibilities. This is a new segment of discrimination but one which is increasing in the courts. To date there have been hundreds of cases with many favorable to the plaintiff. Locally claims would be handled by the New York State Division of Human Rights (DHR). The many forms of discrimination Some examples of FRD are as follows: creating a hostile work environment to encourage resignation of employees with care giving responsibilities treating women harshly and giving them unfounded critical evaluations after they become pregnant or give birth retaliating against an employee for using benefits or exercising their rights disallowing leaves for one gender while allowing leaves for the other gender disallowing shift accommodations for one gender while allowing same accommodations for the other gender ridiculing an employee for family care taking responsibilities, to include eldercare care taking responsibilities refusing to give family leave to male employees to take care of newborns The many forms of discrimination How to carefully avoid FRD claims: creating a hostile work environment to encourage resignation of avoid off hand remarks or verbalizing assumptions about pregnant employees avoid gender-based biases or sentiments in your in your performance evaluations and employee conversations avoid an overly paternalistic approach e.g., ―Why is she still working? She should take time off to be at home with the children.‖ handle pregnancy similar to any other non–work disability use common sense and think before speaking Let’s start with the basics To help companies comply with anti-discrimination laws the EEOC established a set of guidelines defining three primary elements a company must implement to demonstrate its commitment to providing employees with a safe work environment free of harassment. 1. Educate management and employees. Explain what harassing behavior is and that it's not tolerated. 2. Provide a reporting system and make all employees aware of that system. Make sure everyone knows who they can go to if they feel they're being harassed. 3. Plan for action. Have investigative procedures in place and look into the claim quickly. The above guidelines help to provide a company with an affirmative defense. Let’s start with the basics So, to limit potential liability, Hanford must immediately respond to complaints of inappropriate behavior, harassment, violence or threats of violence, and discrimination. Such complaints must be handled through a formalized process. Hanford must provide annual training to management staff. Management should not attempt to resolve such issues alone but rather should notify top management and human resources for an organizational response. Additionally, Hanford’s response to a complaint must be carefully documented. What is Hanford’s policy? It is the policy of Hanford Pharmaceuticals to maintain a work environment that is free from intimidation, coercion, or harassment, including sexual harassment. All employees are responsible for conducting themselves in a business-like manner which provides respect to others. Any behavior or action which is unduly coercive, intimidating, harassing, or sexual in nature is inappropriate and prohibited. The Company does not discriminate in any aspect of employment with regard to race, disabled veterans, Vietnam era veterans, religion, color, national origin, age, sex, genetic predisposition or carrier status, marital status, disability, or any other basis upon which discrimination is prohibited by the municipal, state, or federal law which can be reasonably accommodated. Employment includes (but is not limited to) recruiting, hiring, transfer, promotion, training, compensation, benefits, layoff and termination. Harassment Defined – More than Sexual Harassment Harassment may include any type of unlawful discrimination. Harassment will include unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim. Harassing behavior may include but is not limited to epithets, derogatory comments or slurs and lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons. The hostile environment can be created through pervasive or persistent misbehavior or a single incident. It is possible for harassment to occur at various levels of interaction such as (1) between fellow workers, (2) between supervisors and direct reports, (3) imposed by non-employees, including visitors, on employees. In addition, harassment can occur between members of the opposite sex or the same sex. Now, let’s look more closely at sexual harassment Sexual harassment is a form of gender discrimination and violates both Title VII of the 1964 Civil Rights Act as well as State discrimination laws. The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces the federal law. EEOC Guidelines The EEOC’s guidelines define sexual harassment as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: – Submission to such conduct is made an implicit or explicit condition of employment; – Submission to or rejection of such conduct affects employment opportunities; or – The conduct interferes with an employee's work or creates an intimidating, hostile, or offensive work environment. Form of Harassment – Quid Pro Quo Where employment decision or expectations are based on an employee’s willingness to grant or deny sexual favors. Examples – Demanding sexual favors in exchange for a promotion or a raise – Disciplining or firing a subordinate who ends a romantic relationship – Changing performance expectations after a subordinate refuses repeated requests for a date Form of Harassment - Environmental Where verbal or non-verbal behavior in the workplace: 1. Focuses on the sexuality of another person or occurs because of the person’s gender 2. Is unwanted or unwelcome, and 3. Is severe or pervasive enough to affect the person’s work environment Form of Harassment – Third Party Third Party – any person who observes someone else being harassed, or observes sexual conduct and is adversely affected may claim this type of sexual harassment • For example, direct (or telephone) conversations about sex in the hearing range of others to whom it is unwelcome. Such behavior must be stopped if others request it or if management becomes aware of the behavior. Examples of Harassment – Inappropriate Behavior – Off-color jokes or teasing – Comments about body parts or sex life – Suggestive pictures, posters, calendars or cartoons – Leering, stares, or gestures – Repeated requests for dates – Excessive attention in the form of love letters, telephone calls or gifts – Touching – brushes, pats, hugs, shoulder rubs or pinches – Assault / rape – Impeding work of employee on basis of discriminatory factors (i.e., race, gender, disability etc.) – Limiting access to tools on same basis – Sexually explicit materials in a cubicle, office, other location, or on a computer have no work-related purpose Hanford’s Liability for Harassment Standards vary across the United States, because harassment is covered both by Federal and State law. The Federal standard derives mainly from Title VII of the Civil Rights Act, which forbids "discriminat[ion] against any individual with respect to his . . . terms [or] conditions . . . of employment, because of . . . sex." In New York, courts use a ―reasonable woman‖ standard to determine whether conduct should be considered sexual harassment. In other words, courts look at whether a reasonable woman in the same situation would find the conduct offensive. Actions of the employer that are based on the sex of the employee and that negatively affect the terms or conditions of the employment relationship are actionable. Hanford’s Liability for Harassment Issues that lawyers have arguments about: – ―Actions of the employer?‖ In other words, lawyers ask under what circumstances will we hold the employer accountable for actions by an employee? • What if the employer has a specific policy that bans the harassing employee's conduct? Should we still hold the employer accountable? Actions of the employer that are based on the gender of the employee and that negatively affect the terms or conditions of the employment relationship are actionable. Hanford’s Liability for Harassment What attorneys look at: – ―Based on the gender of the employee?‖ What about harassment of men or between people of the same sex? Is this actionable? – ―Has the behavior negatively affected the terms or conditions of the employment relationship?‖ • What actually affects those terms or conditions? • How much of a change is enough (or too little)? • Because different people have different perceptions of the severity of harassing behaviours, whose perception governs? Do we look at this from the viewpoint of the employee, the employer, a reasonable person, a reasonable woman (or man if the victim is male) in the position of the victim, or someone else? • Could the harassed employee have taken steps to reduce the effect? Should s/he have to? Hanford’s Liability for Harassment Issues that lawyers have arguments about: – ―Has the behavior negatively affected the terms or conditions of the employment relationship?‖ • If the employee quits because of harassment, under what circumstances can s/he claim that she was “constructively discharged?” • If the employee quits without going through the company's internal complaint process, can s/he still claim that s/he was constructively discharged? Hanford’s Liability for Harassment 1. The employer will almost always be responsible for quid pro quo harassment. 2. The employer will almost always be responsible for harassment that results in a tangible impact on the employee's job, such as reassignment to a lower rank or firing. 3. If the employee voluntarily selects a reassignment or quits, without filing a complaint with the employer (and if the employer has a clear anti- harassment policy and a reasonable and trustworthy complaint procedure), the employee is much less likely to recover damages. 4. To be actionable in court, harassment has to be harassment. It is not actionable for a supervisor to ask a supervisee for a date, once, even if the supervisee doesn't want to go out with the supervisor. It is not harassment to tell the occasional offensive joke. The harassment has to poison the atmosphere, making a reasonable person in the position of the harassed employee feel unwelcome or uneasy. However, an employee who is in a hostile environment does not have to put up with it even if no one is demanding sex with her or threatening her with transfer or other loss of privileges. Hanford’s Policy Prohibits > Sexual harassment in any form, by anyone > Retaliation by anyone against any individual who, in good faith, has made an allegation of sexual harassment or who has testified, assisted, or participated in any investigation, proceeding, or hearing regarding sexual harassment > Knowingly making false accusations or allegations of sexual harassment Hanford’s Policy – Sexual Harassment Cautions against and encourages refraining from > Involvement in consensual amorous or sexual relationships between persons of ―unequal power‖ Provides a reporting process for sexual harassment > Tell the harasser to stop - that the behavior is unwelcome and unacceptable > Tell your supervisor, the department head, or the supervisor’s/department head’s supervisor of the offensive behavior > Tell Human Resources But there’s more, harassment is also. . . Intimidation by threats of or actual physical violence that create a climate of hostility or intimidation Or the use of language, conduct, or symbols in such manner as to convey hatred, contempt, or prejudice or to have the effect of insulting or stigmatizing an individual Examples of harassment, and inappropriate behavior . . . discourtesy toward others (e.g., failure to work harmoniously with fellow employees or serve the public with courtesy) permitting or creating a personal obligation that would lead any person to expect official favors rude or uncivil: slamming doors in angry response, making disparaging comments about another worker, purposefully blocking someone’s view or path, harshly criticizing a subordinate in public, vulgar or obscene words or actions, either written or verbal, including email, voice messages, and graffiti. acts of abuse: verbal statements, including tone of voice, or physical act which may be construed as a derogatory, intimidating, bullying or psychologically or emotionally disturbing intimidation through direct or veiled verbal threats throwing objects regardless of size or type or whether a person is the target of a thrown object physically touching another employee in an intimidating, malicious or sexually harassing manner physically intimidating others including such acts as obscene gestures, fist-shaking, or ―getting in your face‖ types of gestures stalking Who is prohibited by Hanford policy from committing harassment? ALL employees and visitors Who can experience harassment? Direct targets of harassment (visitors, employees) Bystanders and/or witnesses to harassment Consequences of harassment EMPLOYEE—subject to disciplinary action including but not limited to termination of employment What to do if you or an employee experience harassment/discrimination? If you experience or witness this type of interference SEEK IMMEDIATE ASSISTANCE. – Talk to someone you trust – Keep a written record – Make it clear to the harasser that the behavior will not be tolerated – Report to Human Resources What if you are harassed by your boss? Immediately contact Human Resources and set up a time to meet with an HR representative Who is responsible for addressing harassment? ALL management team members and employees must be responsible for implementing Hanford policy regarding harassment. Who handles formal and informal complaints? Human Resources HANFORD’S GOAL To make our Company and working environment a safe and productive environment. General guiding principles for managers Familiarize yourself with Hanford’s policy Address incidents of inappropriate behavior immediately Cooperate with Hanford officials Thoroughly report & complete an investigation with HR Satisfactory resolution is required Follow the FACTS Familiarize yourself with Hanford’s policy – Read the policy – Ask questions – Keep a copy in a safe place (never circular file!) Follow the FACTS Address incidents of inappropriate behavior immediately – Employee must report – Management must respond Follow the FACTS Cooperate – Full cooperation of all parties is expected and required Follow the FACTS Thorough investigation – Documentation of complaints – Employee interviews – Human Resources full involvement Follow the FACTS Satisfactory resolution – Swift response and resolution – Objective review of the facts – Fair and appropriate response What is a supervisor to do? USE COMMON SENSE For a common sense, everyday way of looking at behavior to help recognize inappropriate behavior when it occurs, evaluate behavior using the following YARDSTICKS What is a supervisor to do? COMMON SENSE YARDSTICKS Inappropriate behavior is that which: 1. is unwanted or unwelcome; 2. is often times gender-based; 3. is severe, pervasive and/or repeated; 4. has an adverse impact on a person and the workplace; 5. often occurs in the context of a relationship where a person has more formal power that the other (such as a supervisor over an employee) or more informal power (such as a peer over another); 6. may be noticed by more than person. What is a supervisor to do? COMMON SENSE APPROACH Be smart by: 1. showing sensitivity to others at all times; 2. avoiding behavior that may be offensive to others; think before you speak 3. avoiding discussions that may be offensive to others; 4. listening to others who may warn you of your behavior; 5. understanding how others may perceive your actions and behaviors; Summary Inappropriate behavior may include any type of unlawful discrimination, to include unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim. Discrimination and harassment is prohibited by Title VII. Any employee or non-employee in our workplace can behave inappropriately, discriminate against another, and commit sexual harassment. It is our goal to educate employees so that the work environment is free from inappropriate behavior, sexual harassment, and discrimination. Hanford’s liability in situations harassment is HUGE. Summary To this end, any incident of inappropriate behavior should be reported immediately. Responsible management team members must immediately address and correct any report of such activity. All Hanford employees should work together to eliminate inappropriate behavior and harassment. An environment that is free of inappropriate behavior is one that is supportive and beneficial to all. Conclusions All employees should take conduct in the workplace very seriously. Management MUST be aware of problematic situations and address them promptly, according to policy. Seek HR advice and help immediately. If you ignore a problematic situation, then YOU become part of the problem. Legal action can be taken against YOU as well as the company. Nobody is above policy. Nobody is indispensable.
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