Job Discrimination and Sexual Harassment Training by nrg44159


									  Job Discrimination and
Sexual Harassment Training
            Learning Objectives
   Recognize types of harassment &
   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
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
   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
   Equal Pay Act of 1963 (EPA)
   Age Discrimination in Employment Act of 1967
   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

   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
   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
Age Discrimination in Employment
       Act of 1967 (ADEA)

    Protects individuals who are 40 or
    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
      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
   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
   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
   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
   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 not solicited
   Conduct not incited
   Conduct regarded as
   Conduct regarded as
      Types of Sexual
    Harassment Conduct

 Unwelcome sexual
 Requests for sexual favors

 Verbal or physical sexual
             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
 “Something for something”

 Refusal to submit will tangibly affect
  the individual’s term or conditions of
            Quid Pro Quo
   Made explicitly or implicitly
   Made a term or condition of
   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

   Unreasonably interferes with work
   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
      Possible Offensive

   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
   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

   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
   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’t attempt to retaliate

   Don’t make yourself guilty of insubordination

   Don’t socially or emotionally isolate yourself
    Employer Obligations

 Prevent discrimination in the
 Provide a safe & healthy environment

 Investigate and resolve complaints

 Restore injured employees

 Provide awareness & training
       Employer Issues
 Did the employer know of the
 Should the employer have
 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
         Take appropriate action in a
          timely manner
         Remember, you are liable if
          you knew or should have
Complaint Procedure
You may file an oral or written
complaint with any of the following

   Immediate Supervisor
   Second Level Supervisor
   Human Resource Office
   Equal Employment Opportunity Commission
   Right to be free from harassing behavior

   Responsibility to complain about
    harassing behavior
You are protected against retaliation
for exercising your right to complain
or for testifying or assisting in an
investigation or hearing.
   Let your employees know you take this issue
    seriously & the institution will respond promptly
   Take a proactive stance in preventing unlawful
   Take appropriate action in a timely manner, don’t
   Document. Write a detailed summary of the
   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
 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
     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
   Restore victim to “whole”
   Protect victim from retaliation
   Apply discipline up to discharge
   Make follow-up inquiries
   Training and education
   All discussions & notices
   All known incidents
   Remedial steps taken
•   Do not include in victim’s personnel
•   Place record of disciplinary actions in
    harasser’s file.
            Areas to Avoid
   Don’t make promises to complete
    investigation in certain number of
   Guarantee of complete confidentiality
   Requiring complaints be written
   Promises of investigation by one
   Promise of specific outcome to victim
All complaints will be kept
Records established as a
 result of an investigation
 are not to be retained in
 employee personnel file

   Sexual harassment policy
   Investigation and remedial actions
   Education and awareness
   Documentation

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