Harassment by alicejenny


									Discrimination and
    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
   – Learning what to do to address inappropriate
    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
 Common sense approach to dealing with
      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

 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
The many forms of discrimination
Discrimination takes many forms. They key is to maintain Hanford’s policy of

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

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

      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

       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

       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

 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
    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

 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
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
    – Changing performance expectations after a subordinate
      refuses repeated requests for a date
      Form of Harassment -

 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
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

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
           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
  > 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
    > 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
         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
   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
   – 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

 Immediately contact Human
  Resources and set up a time to
  meet with an HR representative
Who is responsible for addressing

 ALL management team
  members and employees
  must be responsible for
  implementing Hanford
  policy regarding
Who handles formal and informal

    Human Resources

 To make our
  Company and
  environment a
  safe and
General guiding principles for managers

  Familiarize yourself with Hanford’s
  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
                     – Objective review of the
                     – Fair and appropriate
    What is a supervisor to do?

For a common sense,
everyday way of looking
at behavior to help
recognize inappropriate
behavior when it occurs,
evaluate behavior using
the following
      What is a supervisor to do?
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?
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
 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
 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.
 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
 An environment that is free of inappropriate
  behavior is one that is supportive and beneficial
  to all.
 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.

To top