1. Sexual Harassment Training National Hot Rod AssociationOctober 18, 2011

2. Mandated Learning Objective change or modify workplace behaviors that create or contribute to sexual harassment; and develop, foster and encourage a set of values in supervisory employees that will prevent and effectively respond to sexual harassment incidents.

3. Confusion Resentment Resistance Denial Fear Scorn Humor

4. When you combine reluctance to say “no” and the resistance to hearing “no”, you have a situation that is ripe for misunderstanding.

5. Would you like to go out for a drink after work ? I’d love to but I have to work late. For the next ten years.

6. If the team isn’t communicating about what’s not going well for them, will the driver win?

7. rules don’t give us certainty They are categories of behavior that are possibly harassment The appropriate behavior is an exercise in communication The challenge is to respect other people’s boundaries. I’m staying on the road but does it matter how fast or slow, I go, how long it takes me to get there, whether I can stop and start again, what I should do if someone is coming my way .

8. Are they playing or fighting?

12. Even a dog knows whether he’s been kicked or stumbled over

13. I don’t like it when you call me [honey, baby cakes, girlfriend, chick, whore, bitch] “I’m not comfortable being touched at work; I’d appreciate it if you’d stop” When you shake hands with the men but give me a peck on the cheek I feel less professional; I’d appreciate a handshake instead” Establish open line of communication with supervisor

14. Implicit Bias Cognitive biases – universal tendencies of thought Cultural biases – stereotypes associated with the culture in which we live No one is unbiased We need to quickly characterize people to make quick decisions on trustworthiness

15. We Assume what people do Who they are What they’re are thinking Their Character Their Attitudes Their Beliefs Their Desires Their Needs Their Sensitivities Their Opinions Their Ideas about us And we treat them accordingly

16. Blind Orchestra Auditions

17. Tolerance & Inclusion are Key American Values

18. Diversity Impacts the Bottom Line

20. Pick a characteristic 2. Blow it out of proportion 3. collapse the person into the characteristic 4. Ignore individual differences and variations 5. Disregard subtleties and complexities 6. Overlook commonalities 7. Match it to your own worst fears 8. Make it cruel

21. Whose ox is being gored here?

30. Workplace understaffed

31. Morale suffers

32. Harder to attract good people

34. Our most important assets go down the elevator every night. We have to give them a reason to come back the next morning.

35. 2011 $10.6 million judgment for hostile work environment (UBS Financial) 2009 $7.4 million settlement of overtime claims (Met Life) $6 million jury verdict for age discrimination claim (New York Life) $850,000 settlement of disability claim (United Airlines)

36. Discrimination Charges Filed With the EEOC FY 2000-2010 Source: Charge Statistics from the U.S. Equal Employment Opportunity Commission (2010)

37. FY 2010 EEOC ChargesBy Type of Discrimination Source: Charge Statistics from the U.S. Equal Employment Opportunity Commission (2010)

38. Sexual Harassment Claims Filed With the EEOC FY 1980-1981 and 2000-2010 Source: Charge Statistics from the U.S. Equal Employment Opportunity Commission (2010)

39. It’s not a law protecting women

40. What Is Sexual Harassment? Unwanted sex-related behavior plus a particular kind of impact on an employee

41. IMPACT employee’s work performance suffers OR employee experiences workplace as offensive, intimidating or hostile

42. Quid Pro Quo Employee’s rejection results in not getting job, losing job, losing job benefits

43. Employee puts up with it to get a job, keep a job or get some other tangible job benefit

44. How many victims do you see here?

45. Who Can Be Harassed?

48. How Do We Know It’s Unwelcome?

49. Hostile Work Environment

50. Unwelcome sex-related conduct has the Purpose or Effect of Unreasonably Interfering With an Individual’s Work Performance or Creating an Intimidating, Hostile, or Offensive Working Environment. Hostile Work Environment

51. Hostile Work Discrimination Age Disability National Origin Race or Color Religion Gender Sexual Orientation

52. What Behavior is Prohibited?

53. Is it Obnoxious … or Unlawful?

54. Objectively

55. Subjectively

56. Is it severe or pervasive?

57. Intent doesn’t matter Effect does

58. laughter is not enough to kill a hostile work environment claim

59. What About Flirting?

60. How Would It Affect a Reasonable Woman?

61. Morgan Stanley employees fired for taking client to strip club. Client Entertaining Can Be Dangerous

62. How Would Women Create a Work Environment Hostile to Men?

63. Gender-specific agenda Flirtatious remarks Comments on body parts Questions about social life Lunch, drinks, dates Advice on dress, make-up, sexiness Signs of unwelcome nature of conduct “that’s offensive” Nervous laugh, cuts conversation off Physically pulls away

64. Is one time too much?

65. Can we just ask? Yes, except with subordinates, minors and very young women (18-25)

66. Misbehave even when told to stop Don’t bother asking Requiring skimpy clothes Talking about sex Giving lingerie, sex toys Showing porn Telling sex jokes Teasing Whistling Mocking someone’s sexuality Hostile Agenda

67. Nearly Fool Proof Testwould you say the same thing if the person’s gender or sexual preference were different?

68. Disability Discrimination

69. “Regarded As” Disability

70. An employee may be entitled to the protections of the Americans with Disabilities Act if he is “regarded as” disabled by his employer. An employer regards an employee as disabled when it mistakenly believes that the employee’s impairment substantially limits his ability to work.

71. Sick  Disabled FMLA“serious medical condition” ADA“long term disability thatsubstantially affects a major life activity”

72. What’s an Employee to Do?

73. USE THE HARRASSMENT POLICY

74. Don’t

75. $63,000 to lesbian worker for disparaging remarks about her appearance being masculine + withheld tools provided to me $1 million lost wages + $50 million punitive damages Man awarded $475K for harassment by gay supervisor 1st woman police officer $2 million – men watched Howard Stern & made vulgar remarks, compared her physique to those women on show The price of the jokes we tell and disrespect we show

76. 5 or more employees (does not include non-profit religious association or corporation) 15 Employees © 2011 Dickstein Shapiro LLP

77. Who is Protected? 40 and over 40 and over + mental disability + marital status + sexual orientation + pregnancy © 2011 Dickstein Shapiro LLP

79. Create swift and accessible complaint procedure

80. Advise and train supervisors and managers to avoid sexual behavior toward subordinates

81. Distribute policy and procedure to all employees

82. Train all employees in the policy and procedure

84. Train those authorized to receive complaints in receiving, investigating and evaluating complaints

85. Monitor effectiveness of the complaint procedure

87. Once reported NHRA will . . . Investigate and take corrective action

88. Affirmative Defenses The Employer Was Reasonable It had practices in place èto prevent èto correct } misconduct The Employee Was Unreasonable èS/he knew about the policies èbut didn’t use them

91. Privacy Concerns Employee Monitoring Employers have legitimate business interest to review emails and technology usage (e.g., stop sexual harassment, prevent disclosure of confidential info, ensure policy compliance)

92. Employer’s Duty To: Respect employee privacy Create secure/lawful workplace

93. Educate Managers about the Importance of their Conduct

94. must report

95. Reinstatement and front and back pay, actual damages, punitive damages, administrative fines, pre-judgment interests, reasonable attorneys fees, witness fees, other equitable relief including training for supervisors and/or managers.

96. “It shall be an unlawful employment practice . . . (h) For any employer . . . to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.” Retaliation California Fair Employment and Housing Act

97. Retaliation Charge StatisticsFY 2000 Through FY 2010 Source: Charge Statistics from the U.S. Equal Employment Opportunity Commission (2010)

98. “It shall be an unlawful employment practice for an employer to discriminate against any of his employees . . . to discriminate against any individual . . . because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.” Title VII. 42 U.S.C. sec. 2000e-3(a)

99. Hiring and Firing

101. If Tangible Employment Action Resulted Even if Employer Did Not Know About Discrimination

102. Co-Workers To Co-Workers?

103. Same

104. But if Employee Fails to Use Internal Complaint Procedure,When Are Employers Liable For Employment Discrimination? YES YES NO

105. Clients Or Customers?* Same; If The Employer Knows or Should Have Known, but Does Nothing But if Employee Fails to Use Internal Complaint Procedure, Consensual Relationships Among Employees?* If Isolated, If So Widespread That it Creates a Hostile Work Environment for Others, Are you personally liable? Employers Liable For Employment Discrimination? YES NO NO YES YES

106. Lawful and Unlawful Interview Topics: DISABILITY LAWFUL INFORMATION PROHIBITED INFORMATION General inquiries that would elicit information about disabilities or health conditions which do not relate to job performance Examples: Whether there are any types of jobs for which candidate should not be considered because of a disability or health condition. Is there any health related reason you may not be able to perform the job? Pre-offer inquiries about Worker’s Compensation history. Whether the candidate can perform the essential functions of the job, with or without reasonable accommodation. Whether the candidate can comply with the attendance and tardiness policy, with or without reasonable accommodation.

107. Establish a Work Environment That Is NOT Us v. Them . . .

108. . . . but us together Partners Staff

109. Within World of Social Media Email #1 threat In 2010: 35% companies investigated email leaks of information 20% of companies fired employee for violating email policies 50% of companies disciplined employees for violating email policies

110. E-mail belongs to the Company, not to its employees; do not expect it to be private because it is not.

111. Within World of Social Media: Blogs #2 threat In 2010: 25% investigated information leak 24% disciplined employee for blog activities

112. 500 million monthly active users 200 million account holders 95 million tweets a day

113. Social networks (Facebook, LinkedIn, et al) #3 threat In 2010: 20% investigated 20% disciplined for violating policy 7% fired for violation Within World of Social Media

114. Within World of Social Media: Videos #4 threat In 2010: 18% investigated for misuse of media sharing (YouTube, etc.) 21% disciplined an employee 9% fired an employee

115. “Data loss in 140 characters or less”(e.g., Twitter/SMS texts)#5 Threat In 2010: 17% investigated 51% of companies “highly concerned about risk of information leaks”

117. I always make sure to tell a joke the first time any woman sees my erect penis, so I wouldn't know.

118. Friend: I just had an ass baby. Me: Was it a boy or a girl? Friend: What gender is soup?

119. I keep telling myself I'm lucky to be employed, but some days it's not easy to believe

120. If you fantasize about a particular person while masturbating, the polite thing to do is to tell them. They won't find it creepy at all.

121. Finally watching Louie. Hysterical. "…And my dick is bigger than a monkey's paw…"Recent firing based on Tweets in restricted account by senior manager of non-profit

123. 37% of at-work Internet users in the US visit an X-rated Web site from work

125. Raising Implicit Bias to Awareness

126. Clear communication among workers and management

127. Guidelines for appropriate behavior

128. Fair and effective procedures to prevent and address discrimination and harassment