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READING IN MOTION
HARASSMENT, SEXUAL HARASSMENT, &
DISCRIMINATION TRAINING
Andrea Alexander
Director of Finance and Administration
WHY ARE WE DOING THIS WORKSHOP NOW?
 Promotes a Good Work Environment
 People should know their rights/protections
 People should know what’s a good/safe working
environment
OBJECTIVES
 Define harassment
 Laws that prohibit and provide protection against
harassment
 Importance of preventing harassment in the workplace
 List the categories of harassment
 Illegal harassment vs. inappropriate/unprofessional
behavior
 (often referred to as harassment but not illegal)
WHAT IS HARASSMENT?
 Unwelcomed verbal or physical conduct based on a
person’s status in a protected class
 Conduct that unreasonably interferes with an
employee’s work performance or creates an intimidating,
hostile, or offensive work environment
 An occurrence where an employee’s status or benefits
are directly affected by the harassing conduct of a
manager or person of authority (“Quid Pro Quo”)
 Adverse employment actions (retaliation) against
employees who complained of harassment or
discrimination or who participate in a complaint
procedure
FEDERAL LAWS FORMED TO COMBAT
DISCRIMINATION/HARASSMENT
 Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment
discrimination based on race, color, religion, sex, or national origin;
 The Equal Pay Act of 1963 (EPA), which protects men and women who
perform substantially equal work in the same establishment from sex-based
wage discrimination;
 The Age Discrimination in Employment Act of 1967 (ADEA), which protects
individuals who are 40 years of age or older;
 Title I and Title V of the Americans with Disabilities Act of 1990, as amended
(ADA), which prohibit employment discrimination against qualified individuals
with disabilities in the private sector, and in state and local governments;
 The Civil Rights Act of 1991, which, among other things, provides monetary
damages in cases of intentional employment discrimination.
TYPES (CODES) OF HARASSMENT
 Race/Color
 Ethnic slurs or jokes, offensive or derogatory comments, or other verbal or
physical conduct based on an employee’s race/color if that conduct creates a
hostile or offensive work environment or results in an adverse employment
decision.
 Religion
 An employee is antagonized or ridiculed because of his/her religious beliefs or
PRACTICES.
 National Origin
 Ridiculing because of birthplace, ancestry, culture or linguistic characteristics
common to a specific ethnic group.
 Disability
 Behavior that creates a hostile or offensive work environment or results in
adverse employment decision (seen and UNSEEN).
 Sexual Orientation (*)
 Harassing behavior because of someone’s sexual orientation or perceived
sexual orientation (seen and UNSEEN).
WHY IS THIS TRAINING IMPORTANT?
 Harassment harms us as individuals and as an
organization
 Students
 School Partnerships
 We have to ensure all employees and clients are treated
with respect and dignity
 To engage, condone, or not report harassment are in direct
conflict with our values as an organization (RIM).
 Compliance with multiple laws, both federal and state
WHY IS THIS TRAINING IMPORTANT? (CONT.)
FACT:
• The Equal Employment Opportunity Commission (EEOC)
received 99,922 cases in their FY2010 report - the highest
number of charges in the agency’s 45 year history
 Secured $319 million in monetary benefits for individuals - the
highest level of relief obtained in the Commission’s history
 Small businesses /organizations that lose harassment lawsuits
could be liable for upwards of $50,000 in damages
 Some headlines report juries awarded millions of dollars in such
cases for personal damages
HOW DOES IT AFFECT THE ORGANIZATION?
 High absenteeism
 Low morale
 High turnover & retraining costs
 Time/resources to hire new employees
 Higher accident levels
 Possible discrimination claims
 Cost of defending legal actions
FACTS ABOUT HARASSMENT
 Victim doesn’t have to suffer economically
 Person who consents may still be a victim
 Third person can be victim of harassment
 Does not have to be reported to be harassment
 The harasser and employer may be personally
liable for damages (ARTICLE 1983)
So What Does
Discrimination/Harassment Look
Like?
ACTIVITY:
IS THIS HARASSMENT?
1. “That suit looks nice on you.”
2. “What are you – blind as a bat?”
3. “Did you get any last night?”
4. “You forgot again? What’s your problem—is
your Alzheimer's acting up?”
5. “He rides the “short” bus!”
6. “You look really HOT in that outfit!”
ILLEGAL HARASSMENT VS. INAPPROPRIATE
CONDUCT
 Harassment refers to the illegal form of
discrimination
 Inappropriate conduct or behavior is unacceptable
within the workplace (as defined by a reasonable
person)
 The term is “Bullying”
 Mistreatment (Humiliation and Intimidation)
 Bullying can exist at any level
 Bullies can be supervisors, subordinates, co-
workers, and colleagues
EXAMPLES OF INAPPROPRIATE CONDUCT/
BEHAVIOR
 Inappropriate or degrading jokes
 Brushing or touching someone in inappropriate
ways and passing it off as an accident or “just being
friendly”
 Posting personal effects (post-it notes, pictures,
etc.) in their own work space that could be
perceived as strange or threatening
 Improper use of company equipment (viewing
pornography)
WHO CAN BE INVOLVED?
 Employees
 Customers – School Administrators/Teachers/Aides
 Vendors
 People being interviewed
 Bystanders
 Witnesses
FACT:
Individuals can be of the same gender and feel
discriminated/harassed (sexually)
HE / SHE IS JUST OVERREACTING…
 If the inappropriate workplace behavior is repeated
and systematic with the intention of intimidating and
humiliating another person
IT MUST STOP!
SEXUAL HARASSMENT
What is it?
How can inappropriate behavior/conduct
lead to Sexual Harassment?
WHAT IS SEXUAL HARASSMENT?
 Unwelcomed Sexual Advances
 Requests for Sexual Favors
 Other verbal or physical conduct of a sexual nature or
concerning a person’s sex that creates a hostile or
offensive work environment or results in an adverse
business decision
FORMS OF SEXUAL HARASSMENT
 Latin for “this for that”
or “something for
something”
 Speech or conduct that
creates a severely hostile
or offensive work
environment /adverse
employment decision
 Explicit or suggestive
items displayed in the
workplace that interfere
with job performance or
creates a hostile or
offensive work
environment
Quid pro quo Hostile Work Environment
PERCEPTION IS EVERYTHING
 In Harassment cases, it is the victim’s
perception that counts
 Intent is not a defense
 As long as the “reasonable person standard” is
met, harassment is found
i.e. a reasonable person of the victim’s
gender/race/disability standing
WHO CAN BE INVOLVED?
 Employees
 Customers – School Administrators/Teachers/Aides
 Vendors
 People being interviewed
 Bystanders
 Witnesses
FACT:
Individuals can be of the same gender and feel
discriminated/harassed (sexually)
HARASSMENT - IN SHORT
 KEEP YOUR HANDS TO YOURSELF
 Stay away from conversations or
interactions involving the Isms:
Racism
Sexism
Classism
Ageism
Ableism
REPORTING
 It is important to report all harassment claims as early
as possible:
 So morale is kept
 Your personal and professional comfort is maintained
 So that the behavior can be STOPPED
HOW DO I REPORT?
 Report directly to your Department Director
and HR Manager (Director of Finance and
Administration)
 Reporting Includes:
Who was involved?
What specifically was said or witnessed?
Who else may have witnessed the incident(s)?
Is this the first instance?
RETALIATION
 Retaliation - an adverse action taken against an employee
because he/she complained of harassment or discrimination
 When an employee complaint of harassment is filed, the
organization must not take any action that the employee may
view as punishment or retaliation for filing the complaint:
 Demotion
 Discipline
 Termination
 Salary Reduction
 Negative Performance Appraisal
 Change in job duties or shift assignment
 Lost of Employment Opportunity
 Employees have lost harassment claims but won retaliation
claims for the same incident
DISCIPLINE
Formal communication and monitoring of future
behavior
Written Warning
Termination
FORMAL POLICY IS FORTHCOMING
SUMMARY
 Harassment and discrimination against someone because
they belong to a protected class is illegal
 Harassment differs from inappropriate conduct, which is
not illegal but organizational policy can make an offense
correctable up to termination
 It is the victim’s perception that counts, so “innocent”
remarks can become harassing
 All claims should be forwarded to the HR Manager
(Director of Finance and Administration)
 No employee shall be retaliated against because they filed
a claim of harassment
HARASSMENT - IN SHORT
 KEEP YOUR HANDS TO YOURSELF
 Stay away from conversations or
interactions involving the Isms:
Racism
Sexism
Classism
Ageism
Ableism
Questions

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Reading in Motion - Discrimination Presentation FINAL 2

  • 1. READING IN MOTION HARASSMENT, SEXUAL HARASSMENT, & DISCRIMINATION TRAINING Andrea Alexander Director of Finance and Administration
  • 2. WHY ARE WE DOING THIS WORKSHOP NOW?  Promotes a Good Work Environment  People should know their rights/protections  People should know what’s a good/safe working environment
  • 3. OBJECTIVES  Define harassment  Laws that prohibit and provide protection against harassment  Importance of preventing harassment in the workplace  List the categories of harassment  Illegal harassment vs. inappropriate/unprofessional behavior  (often referred to as harassment but not illegal)
  • 4. WHAT IS HARASSMENT?  Unwelcomed verbal or physical conduct based on a person’s status in a protected class  Conduct that unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment  An occurrence where an employee’s status or benefits are directly affected by the harassing conduct of a manager or person of authority (“Quid Pro Quo”)  Adverse employment actions (retaliation) against employees who complained of harassment or discrimination or who participate in a complaint procedure
  • 5. FEDERAL LAWS FORMED TO COMBAT DISCRIMINATION/HARASSMENT  Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;  The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;  The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;  Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;  The Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
  • 6. TYPES (CODES) OF HARASSMENT  Race/Color  Ethnic slurs or jokes, offensive or derogatory comments, or other verbal or physical conduct based on an employee’s race/color if that conduct creates a hostile or offensive work environment or results in an adverse employment decision.  Religion  An employee is antagonized or ridiculed because of his/her religious beliefs or PRACTICES.  National Origin  Ridiculing because of birthplace, ancestry, culture or linguistic characteristics common to a specific ethnic group.  Disability  Behavior that creates a hostile or offensive work environment or results in adverse employment decision (seen and UNSEEN).  Sexual Orientation (*)  Harassing behavior because of someone’s sexual orientation or perceived sexual orientation (seen and UNSEEN).
  • 7. WHY IS THIS TRAINING IMPORTANT?  Harassment harms us as individuals and as an organization  Students  School Partnerships  We have to ensure all employees and clients are treated with respect and dignity  To engage, condone, or not report harassment are in direct conflict with our values as an organization (RIM).  Compliance with multiple laws, both federal and state
  • 8. WHY IS THIS TRAINING IMPORTANT? (CONT.) FACT: • The Equal Employment Opportunity Commission (EEOC) received 99,922 cases in their FY2010 report - the highest number of charges in the agency’s 45 year history  Secured $319 million in monetary benefits for individuals - the highest level of relief obtained in the Commission’s history  Small businesses /organizations that lose harassment lawsuits could be liable for upwards of $50,000 in damages  Some headlines report juries awarded millions of dollars in such cases for personal damages
  • 9. HOW DOES IT AFFECT THE ORGANIZATION?  High absenteeism  Low morale  High turnover & retraining costs  Time/resources to hire new employees  Higher accident levels  Possible discrimination claims  Cost of defending legal actions
  • 10. FACTS ABOUT HARASSMENT  Victim doesn’t have to suffer economically  Person who consents may still be a victim  Third person can be victim of harassment  Does not have to be reported to be harassment  The harasser and employer may be personally liable for damages (ARTICLE 1983)
  • 12. ACTIVITY: IS THIS HARASSMENT? 1. “That suit looks nice on you.” 2. “What are you – blind as a bat?” 3. “Did you get any last night?” 4. “You forgot again? What’s your problem—is your Alzheimer's acting up?” 5. “He rides the “short” bus!” 6. “You look really HOT in that outfit!”
  • 13. ILLEGAL HARASSMENT VS. INAPPROPRIATE CONDUCT  Harassment refers to the illegal form of discrimination  Inappropriate conduct or behavior is unacceptable within the workplace (as defined by a reasonable person)  The term is “Bullying”  Mistreatment (Humiliation and Intimidation)  Bullying can exist at any level  Bullies can be supervisors, subordinates, co- workers, and colleagues
  • 14. EXAMPLES OF INAPPROPRIATE CONDUCT/ BEHAVIOR  Inappropriate or degrading jokes  Brushing or touching someone in inappropriate ways and passing it off as an accident or “just being friendly”  Posting personal effects (post-it notes, pictures, etc.) in their own work space that could be perceived as strange or threatening  Improper use of company equipment (viewing pornography)
  • 15. WHO CAN BE INVOLVED?  Employees  Customers – School Administrators/Teachers/Aides  Vendors  People being interviewed  Bystanders  Witnesses FACT: Individuals can be of the same gender and feel discriminated/harassed (sexually)
  • 16. HE / SHE IS JUST OVERREACTING…  If the inappropriate workplace behavior is repeated and systematic with the intention of intimidating and humiliating another person IT MUST STOP!
  • 17. SEXUAL HARASSMENT What is it? How can inappropriate behavior/conduct lead to Sexual Harassment?
  • 18. WHAT IS SEXUAL HARASSMENT?  Unwelcomed Sexual Advances  Requests for Sexual Favors  Other verbal or physical conduct of a sexual nature or concerning a person’s sex that creates a hostile or offensive work environment or results in an adverse business decision
  • 19. FORMS OF SEXUAL HARASSMENT  Latin for “this for that” or “something for something”  Speech or conduct that creates a severely hostile or offensive work environment /adverse employment decision  Explicit or suggestive items displayed in the workplace that interfere with job performance or creates a hostile or offensive work environment Quid pro quo Hostile Work Environment
  • 20. PERCEPTION IS EVERYTHING  In Harassment cases, it is the victim’s perception that counts  Intent is not a defense  As long as the “reasonable person standard” is met, harassment is found i.e. a reasonable person of the victim’s gender/race/disability standing
  • 21. WHO CAN BE INVOLVED?  Employees  Customers – School Administrators/Teachers/Aides  Vendors  People being interviewed  Bystanders  Witnesses FACT: Individuals can be of the same gender and feel discriminated/harassed (sexually)
  • 22. HARASSMENT - IN SHORT  KEEP YOUR HANDS TO YOURSELF  Stay away from conversations or interactions involving the Isms: Racism Sexism Classism Ageism Ableism
  • 23. REPORTING  It is important to report all harassment claims as early as possible:  So morale is kept  Your personal and professional comfort is maintained  So that the behavior can be STOPPED
  • 24. HOW DO I REPORT?  Report directly to your Department Director and HR Manager (Director of Finance and Administration)  Reporting Includes: Who was involved? What specifically was said or witnessed? Who else may have witnessed the incident(s)? Is this the first instance?
  • 25. RETALIATION  Retaliation - an adverse action taken against an employee because he/she complained of harassment or discrimination  When an employee complaint of harassment is filed, the organization must not take any action that the employee may view as punishment or retaliation for filing the complaint:  Demotion  Discipline  Termination  Salary Reduction  Negative Performance Appraisal  Change in job duties or shift assignment  Lost of Employment Opportunity  Employees have lost harassment claims but won retaliation claims for the same incident
  • 26. DISCIPLINE Formal communication and monitoring of future behavior Written Warning Termination FORMAL POLICY IS FORTHCOMING
  • 27. SUMMARY  Harassment and discrimination against someone because they belong to a protected class is illegal  Harassment differs from inappropriate conduct, which is not illegal but organizational policy can make an offense correctable up to termination  It is the victim’s perception that counts, so “innocent” remarks can become harassing  All claims should be forwarded to the HR Manager (Director of Finance and Administration)  No employee shall be retaliated against because they filed a claim of harassment
  • 28. HARASSMENT - IN SHORT  KEEP YOUR HANDS TO YOURSELF  Stay away from conversations or interactions involving the Isms: Racism Sexism Classism Ageism Ableism