Job Discrimination and Sexual Harassment Training Learning Objectives Recognize types of harassment & discrimination Understand your rights and responsibilities Understand the complaint procedure Understand the investigative process Identify liability and legal foundations for harassment prevention Recognize terms and concepts Public Officials Liability Public Officials Liability is a form of professional liability that covers a public entity and the persons who act on its behalf from liability arising from wrongful acts. Wrongful acts are usually defined as any actual or alleged error, misstatement, act, omission, neglect, or breach of duty. Typical POL Claims Breach of Contract Repeal of Ordinance Zoning Libel & Slander Tax Assessment Revoke Business license Eminent Domain Election Contests Tax Assessment Section 1983 Violations Failure to Perform Duty Employment Practices Employment Practices Related Claims Civil Rights Violations Constitutional Rights Violations Discrimination Employee Termination Employment Harassment Sexual Misconduct Allegations may involve civil rights violations that jeopardize a municipality's ability to use tort cap limits and governmental immunity as a defense. Employment Related Claims Years 2000 thru 2005 51 % Incurred Public Officials Claim Dollars 45 % Total Number of Public Officials Claims Range $ per Yr 38% - 65% Range # per Yr 35% - 50% Six Federal Employment Laws Title VII of the Civil Rights Act of 1964 (Title VII) Equal Pay Act of 1963 (EPA) Age Discrimination in Employment Act of 1967 (ADEA) Title I and Title V of the Americans with Disablitilies Act of 1990 (ADA) Sections 501 and 505 of the Rehabilitation Act of 1973 Civil Rights Act of 1991 Title VII, 1964 Civil Rights Act This law prohibits employment discrimination based on: Race Color Religion Sex National Origin Covers private employers, state & local governments & educational institutions with 15 or more employees Civil Rights Act – 1972 Amendment Sexual harassment is a: Form of sex discrimination Violation of federal law Pregnancy Discrimination Act of 1978 Amendment to Civil Rights Act Unlawful to discriminate on the basis of pregnancy, childbirth or related medical conditions Equal Pay Act of 1963 (EPA) Equal pay for equal work without discrimination Protects men and women who perform substantially the same job in the same workplace from sex- based wage discrimination Covers all employers covered by Federal Wage & Hour Law (Fair Labor Standards Act) – Virtually all employers Age Discrimination in Employment Act of 1967 (ADEA) Protects individuals who are 40 or older Covers private employers with 20 or more employees, state & local governments including school districts Title I and Title V of the Americans with Disablitilies Act of 1990 (ADA) Prohibits employment discrimination against qualified individuals with disabilities Applies to private employers and state and local governments with 15 or more employees Sections 501 and 505 of the Rehabilitation Act of 1973 Incorporates the requirements of the ADA for federal employees Prohibits discrimination against qualified individuals with disabilities who work in federal government Civil Rights Act of 1991 Provides monetary damages in cases of intentional employment discrimination EEOC U.S. Equal Employment Opportunity Commission enforces all Federal laws prohibiting job discrimination Oversight and coordination of all federal EEO regulations, practices, and policies Types of Harassment / Discrimination as Defined by EEOC Age Disability National Origin Pregnancy Race/Color Religious Retaliation Sex Based Sexual Harassment June 1999 New EEOC Guidance Result of 2 Supreme Court decisions: Burlington Industries, Inc. v. Ellerth Faragher v. City of Boca Raton Both addressed sexual harassment, but also drew upon standards set forth in cases involving harassment on other protected bases Held employers vicariously liable for sexual harassment actions, thus providing the need for a policy and for training based on that policy. Discriminatory Practices by Employers Hiring and firing Compensation, assignment, or classification of employees Transfer, promotion, layoff, or recall Job advertisements Recruitment Testing Use of Company facilities Training and apprenticeship programs Fringe Benefits Pay, retirement plans, and disability leave Other terms and conditions of employment Other Discriminatory Practices Harassment on basis of race, color, religion, sex, national origin, disability, or age Retaliation against employee for filing discrimination charge Employment decisions based on stereotypes or assumptions Denying employment opportunities to a person because of marriage/association Organizational & Individual Costs Increased absenteeism and turnover Court awards, settlements and fees Damage to local government image Deterioration of staff morale Negative culture Damaged interpersonal relationships Psychological distress, compromised wellness Compromised spiritual & moral integrity Employee productivity losses What is Sexual Harassment? Unwelcome sexual conduct Conduct not solicited Conduct not incited Conduct regarded as undesirable Conduct regarded as offensive Types of Sexual Harassment Conduct Unwelcome sexual advances Requests for sexual favors Verbal or physical sexual contact EEOC Guidelines Sexual Harassment is defined as: “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” EEOC Criteria Criteria 1: Quid Pro Quo Submission to such conduct is made (either explicitly or implicitly) a term or condition of an individual’s employment, or rejection of such conduct is used as the basis for employment or job related decisions affecting the individual. Quid Pro Quo Harasser has position of power or authority over the person being harassed “Something for something” Refusal to submit will tangibly affect the individual’s term or conditions of employment Quid Pro Quo Made explicitly or implicitly Made a term or condition of employment Used as a basis for decision making May occur after only one event EEOC Criteria Criteria II – Hostile Work Environment Such conduct unreasonably interferes with an individual’s work or creates an intimidating, hostile, or offensive working environment. Hostile Work Environment Unreasonably interferes with work performance Creates intimidating, hostile, or offensive work environment Created usually after repetition of offensive behavior Perception vs intent What Factors Determine Hostile Work Environment Verbal or physical Frequency How offensive Co-worker vs supervisor Participation by others Directed at one or more parties Possible Offensive Behaviors Remarks Suggestions Jokes Stereotyping Touching Slurs Posters Questioning Advances Insults Who Can Be a Victim? Woman Man Co-workers Supervisor Who Can Harass? Men Women Co-worker Supervisor Customer Contractor Anybody! Examples of Sexual Harassment Direct or indirect threats or bribes for unwanted sexual activity Sexual innuendoes and comments Sexually suggestive sounds or gestures such as sucking noises, winks or pelvic thrusts Repeatedly asking a person out for dates A neck / shoulder massage Ogling or leering, staring at a woman’s breasts or a man’s derriere Rating a person’s looks or sexuality Examples of Sexual Harassment (cont.) Name-calling, such as “babe” Sexual ridicule Frequent jokes about sex or males/females Letters, notes, telephone calls or material of a sexual nature Pervasive displays of pictures, calendars, cartoons, or other materials with sexually explicit or graphic content Intent vs. Impact Is my intent the same as the impact? Is my behavior welcome? Possible Dangerous Responses It’s just teasing – no big deal The people in our department would never do … I know he/she didn’t mean anything like that It’s your fault for dressing so provocatively You need to learn to handle these things Just ignore it He puts his arms around everyone You must have wanted it, otherwise you would have told him no Why can’t you learn to accept a compliment? It’s just a prank that got out of hand We’ve never had a complaint, so we don’t have a problem Do’s Be assertive Provide a clear and emphatic objection every time the unwelcome conduct happens Keep documentation If you choose, confront the harasser Continue to report to work Make an official complain if the behavior does not stop !!! Don’ts Don’t attempt to retaliate Don’t make yourself guilty of insubordination Don’t socially or emotionally isolate yourself Employer Obligations TO: Prevent discrimination in the workplace Provide a safe & healthy environment Investigate and resolve complaints Restore injured employees Provide awareness & training Employer Issues Did the employer know of the incidents? Should the employer have known? What did the employer do to prevent them? What did the employer do to stop the incident? Complaint Procedure Let your employees know you take this issue seriously Take a proactive stance in preventing unlawful harassment Take appropriate action in a timely manner Remember, you are liable if you knew or should have known Complaint Procedure You may file an oral or written complaint with any of the following personnel/offices: Immediate Supervisor Second Level Supervisor Human Resource Office Equal Employment Opportunity Commission (Federal) Employee Responsibilities Right to be free from harassing behavior Responsibility to complain about harassing behavior Retaliation You are protected against retaliation for exercising your right to complain or for testifying or assisting in an investigation or hearing. Supervisor Responsibilities Let your employees know you take this issue seriously & the institution will respond promptly Take a proactive stance in preventing unlawful harassment Take appropriate action in a timely manner, don’t delay Document. Write a detailed summary of the complaint Follow up on the complaint. Check with the complainant the next day to ensure he or she is getting needed assistance Limiting Exposure Sexual harassment policy Investigation and remedial actions Education and awareness Documentation Key Policy Provisions In writing Define harassment Establish the need to complain Have two complaint routes Forms of discipline explained Prohibit retaliation Management Education Policy provisions Prohibited behaviors Investigation procedures Held accountable for enforcement Employee Awareness Policy to all employees Include in personnel manuals Posted on bulletin boards Openly enforce policy Prohibited behaviors discontinued Employees feel free to raise issues Periodic reminders Investigation Procedures Should be included in policy Investigate all allegations Document every charge and resolution Maintain as confidential as possible Ask who, what, where, when Be as thorough as possible Maintain regular contact with victim Investigative Process Informal Review Formal Review Results of Investigation Remedial Actions Prohibit known behaviors Take prompt action to stop behavior Restore victim to “whole” Protect victim from retaliation Apply discipline up to discharge Make follow-up inquiries Document Training and education All discussions & notices All known incidents Remedial steps taken • Do not include in victim’s personnel file. • Place record of disciplinary actions in harasser’s file. Areas to Avoid Don’t make promises to complete investigation in certain number of days Guarantee of complete confidentiality Requiring complaints be written Promises of investigation by one individual Promise of specific outcome to victim Confidentiality All complaints will be kept confidential Records established as a result of an investigation are not to be retained in employee personnel file Summary Sexual harassment policy Investigation and remedial actions Education and awareness Documentation Questions?
Pages to are hidden for
"Job Discrimination and Sexual Harassment Training"Please download to view full document