1. Office Of Risk Management/Loss Prevention UnitOffice Of Risk Management/Loss Prevention Unit
PREVENTINGPREVENTING
HARASSMENTHARASSMENT
IN THE WORKPLACEIN THE WORKPLACE
2. PRE-TESTPRE-TEST
1. A hostile environment allows the agency to get
more work completed. T or F
2. I am not responsible for a hostile environment. T or F
3. Being a male, a female can not cause me to have a
hostile environment. T or F
4. Only the supervisor(s) will have to go to court over a
hostile environment law suit. T or F
5. Diversity in the work place is not important to the
agency’s goals. T or F
3. A hostile work environmentA hostile work environment
serves no good purpose.serves no good purpose.
AND it interferes withAND it interferes with
the agency’s work.the agency’s work.
5. LEARN what to do.LEARN what to do.
Don’t become the next news story.Don’t become the next news story.
Or worse
The next COURT case.The next COURT case.
6. COURSE OBJECTIVES:COURSE OBJECTIVES:
Realize the importance of agency policies
and the law.
For every state employee to KNOW they
have a right to work in a respectful
environment.
Cause self-examination of attitudes, beliefs,
and actions toward those who are different.
Know the different types of harassment.
7. COURSE OBJECTIVES cont.COURSE OBJECTIVES cont.
Understand whose job it is to STOPSTOP
harassment.
Understand what is expected when
harassment occurs.
Know HOW to deal with harassment
when it happens.
8. Everyone should be familiar with the
legal consequences of
harassment.
Everyone should be familiar with the
legal consequences of
harassment.
If you are notIf you are not
PLEASE--seek assistance from your agency
in reviewing the laws.
PLEASE--seek assistance from your agency
in reviewing the laws.
9. AGENCY POLICIES REGARDING
TYPES OF HARASSMENT MUST
INCLUDE:
•Departmental philosophy
•Responsibilities
•Types of harassment
•Reporting procedures
•Consequences
10. Just WHAT type
behavior is unacceptable
in the workplace?
There is no clear answer
to this question.
11. What is the most
common type of
harassment in today’s
workplace?
SEXUALSEXUAL
HARASSMENTHARASSMENT
13. QUID PRO QUO HARASSMENT
Example:
A supervisor demands sexual favors in
return for better treatment of a subordinate,
or threatens the subordinate with firing,
demotion, or transfer unless sexual favors
are given.
Blatant
14. HOSTILE ENVIRONMENT HARASSMENT
Example:
If behavior of a sexual nature creates an
offending, intimidating, or hostile work
environment for another employee, it is
sexual harassment.
Less obvious, but often the foundation for
charges of sexual harassment.
15. HOSTILE ENVIRONMENT HARASSMENT
Courts are likely to find an illegal hostile
work environment where there is:
Pornography
Vulgar Language
Sexual Touching
Degrading Comments
Embarrassing Questions
Sexual Jokes
Sexual Propositions
16. SAME-SEX HARASSMENT
Male harassment on another male, or female
harassment on another female.
In 1998 the Supreme Court stated that
same-sex harassment is illegal and will
not be tolerated.
17. NON-EMPLOYEE HARASSMENT
Sexual harassment O-T-J by a non-employee,
e.g. Vendors, Customers or Visitors is NOT
excusable behavior.
Harassment O-T-J by a non-employee CAN
lead to sexual harassment charges, just as
sexual harassment by an employee would.
18. THIRD-PARTY HARASSMENT
Behavior not found offensive by some
employees can facilitate an offensive
environment for other employees.
Example:
A group of employees talking about each
other’s sex lives in the presence of another
person who feels very uncomfortable about
such discussion.
19. OTHER TYPES OF HARASSMENT
Other types of harassment are equally
unacceptable with equally serious consequences:
RaceRace ReligionReligion National OriginNational Origin
AgeAge DisabilityDisability Sexual OrientationSexual Orientation
PregnancyPregnancy
Political AffiliationPolitical Affiliation
Physical AppearancePhysical Appearance
20. The workplace should be a respectful place.
We spend a significant amount of time in
OUR workplace.
Many of our jobs are already stressful without
the added stress of harassment.
22. - No one wants to work in an environment
where he or she feels harassed and
uncomfortable.
Why Respectful Behavior?
- Respectful behavior facilitates more
productive employees.
- Disrespectful, harassing behavior can cost
the perpetrator their job.
23. - Studies found 50% of sexual harassment
cases co-workers or peers were the alleged
harassers.
Why Respectful Behavior?
- Only 26 % involved the immediate supervisor.
- The 1991 amendment to Title VII of the Civil Rights Act of
1964 allows victims to recover punitive damages.
- Harassment lawsuits usually have personal legal & financial
consequences for the harasser.
29. Source
T
O
P
The source of the disrespectful
behavior has the responsibility
to stop behaving in such a manner.
What about US. Are we part of
the problem? Have we added to
the disrespectful behavior?
30. S
Target
O
P
The target must help confront the
Harassment/harasser!
If we are offended by other’s
actions or words, we need to let
them know and ask them to stop.
31. S
Target
O
P
Consider this:
How can this person correct his or
her behavior if he or she is
unaware of its impact?
The source of the disrespectful
behavior may not even know that
his or her behavior is offensive to us.
32. S
T
Observer
P
Those who observe disrespectful or
harassing behavior have a responsibilit
to stop it when it occurs; and one who
notices such is NEVER an innocent
bystander!
It is simply the right thing to do.It is simply the right thing to do.
33. S
T
O
Person in authority
Every person in authority has a duty
to keep the workplace free from
offensive and harassing behavior.
Each person in authority is crucial to
creating a respectful workplace.
35. Care about WHAT you say…
HOW you say it--
Before you say it!Before you say it!
36.
37. I have read and understand the training information provided on Preventing
Harassment in the Workplace. I acknowledge that revisions to the training material
may be required periodically.
Employee Signature ______________________________________
Employee Printed Name ___________________________________
Date_________________________
Delgado Community College
Preventing Harassment in the Workplace
Notes de l'éditeur
Take a minute and answer these questions. Will we go over them later.
Most of us spend a significant amount of time in our workplace. We want our workplace to be the kind of place we want to spend our time in.
No matter what type of workplace (office or shop) we are in, a hostile work environment serves no purpose. No one wants to work in an environment where he/she feels harassed and uncomfortable.
--For a productive organization, disrespectful behavior must be eliminated. It we are not productive the value of our organization is diminished. If someone feels harassed they may not come to work. May not work well, or may avoid someone that causes lost productivity.
It’s everyone obligation to prevent and eliminate harassment and to abide by the department/agency policy.
The harasser, the person being harassed, by-standers/observers, and management
4. Quid Pro Quo Harassment, Hostile Environment, Same Sex, Non-Employee, Third Party. Other types of harassment — race, religion, national origin, age, disability, sexual orientation, political affiliation, physical appearance, or any other such characteristic. It is not just sexual harassment!!!!
7. Know how to find ways to deal with harassment.
EEOC guidelines would be a good place to start. Also be familiar with agency consequences. Review your agency’s policies on harassment and discrimination and provide training to ALL employees concerning the policies. Your Human Resource department should be able to provide assistance. Employees should be provided copies of the policies (have them sign for it, of course).
Get the class talking about what might be unacceptable!!
There is no clear answer to this question. If they need ideas. Is telling sexual jokes? Is flirting on the job? Vulgar language? If a third person overhears a discussion on something they think is unsuitable?
The term harassment describes a behavior that a person finds offensive, aggravating, or otherwise unwelcome. It is unacceptable behavior.
Get the class talking!! Ask them what is the most common type of harassment. Sexual is the most common harassment and we will cover some of the others later.
Many employees still express a fundamental lack of understanding about what behavior constitutes sexual harassment. Sexual harassment is forbidden by your agency/departmental policies and Title VII of the Civil Rights Act of 1964.
When we think of sexual harassment we often think of Quid Pro Quo harassment.
Refer to slide and the example.
This behavior is obviously wrong but it does occur. In the past this behavior may have led to the victim quitting his/her job, but today because of hearings (Clarence Thomas vs Anita Hill 1991) and an increase in federal law many employees now file a sexual harassment claim instead.
The majority of harassment claims are based on hostile environment harassment.
Most people don’t understand exactly what a “hostile work environment” is, and the courts have also grappled with this definition.
Refer to the example on the slide.
In hostile environment cases, the courts will take into account the frequency of the discriminating conduct, the severity of the conduct, whether it is physically threatening or humiliating, and whether it unreasonably interferes with an employee’s work performance.
Take note that hostile environment harassment is also often the foundation for charges of harassment based on discrimination as well.
In 1998 the Supreme Court stated that same-sex harassment is illegal. It is no more acceptable to harass those of the same sex than it is to harass those of the opposite sex.
Sexual harassment laws protect against all types of sexual harassment.
Would be sexual harassment from a non-employee. Such as a vendor, customer, client, visitor.
Do you think the employer has an obligation to protect against this type of harassment? Of course it does.
Third party harassment can be difficult to understand, but it can still lead to sexual harassment charges.
The point here is that, even if our behavior is not directed at someone, it may be making him or her uncomfortable. We need to avoid any behavior that might create an offensive environment for those around us.
Go over the example.
Most people think of sexual harassment when they hear the word harassment, but it is important to realize there are other types of harassment as equally unacceptable and can have equally serious consequences.
Go over list of other types.
These are protected categories that are the foundation of the harassment and discrimination laws. Federal and state legislatures have determined that individuals is these categories should be given special protection under the law.
Race/color-defined as a person’s ancestry or ethnic characteristics. Because everyone belongs to a certain race or is a certain color, we are all members of this category.
Religion-is broadly defined as an individual’s moral or ethical beliefs. The law provides protection for groups or individuals not belonging to traditionally recognized religions. To be protected under the law, these beliefs must be sincerely held with the strength of traditional religious views.
National origin- refers to a person’s birthplace, ancestry, culture, or a language common to a specific ethnic group.
Age-defined as the number of years since a person’s birth. Federal law only protects individuals over 40 years of age.
Disability-defined as a mental or physical condition that substantially limits one or more major life activities. Must significantly interfere with a person’s life to be protected by the law.
Sexual orientation-refers to someone’s sexual preference.
Pregnancy-state and federal laws protect pregnancy(even the potential for pregnancy), childbirth, and related medical condition.
Political Affiliation- as stated
Physical Appearance-what a person looks like. Hair color, facial structure, straight or straight hair.
Disrespectful or harassing behavior towards others based on these areas or any other such characteristic may create an uncomfortable and hostile work environment.
Basically, go over slide.
Disrespectful behavior serves no useful purpose.
We must acknowledge that everyone has an equal right to work in a respectful environment.
Harassing behavior is bad for everyone including us as individuals. Such a work environment can lower moral and productivity and interfere with the work your organization is doing.
The personal financial consequences could be so large that you could lose your home and other personal assets.
It would be best not to have harassment to start in the first place. By using the following building blocks, this is possible.
The foundation of equality, accepting our differences, and appreciating our diversity will allow our respectful workplace to stand.
If we acknowledge equality, accept differences, and appreciate diversity, then we create a workplace where there is mutual respect for all employees. No one feels harassed or scared in such a workplace.
Does this sound possible? It’s not if each one of us is willing to do our part to promote respect in the workplace.
Ask the audience if they have an ideas on how to stop disrespectful behavior.
The source (person performing the act) must examine his/her actions and stop those that are offensive to others.
We need to make sure that our actions are actions that promote respect, not actions that destroy respect.
Get the audience to discuss acts/actions/behaviors in society that might contribute to the problem of harassment. TV shows, movies, news stories about prominent figures.
The second person with responsibility to stop harassing behavior is the target.
Most people are non-confrontational. We are often afraid of the other person’s reaction, and would rather remain silent. We might be afraid that the harasser will increase the harassing behavior, or that he or she might tease us for being over-sensitive if we say something.
But we must let others know when their behavior is making us uncomfortable.
Also, consider the impact on us as the target of harassing behavior. We might feel angry, hurt, scared or depressed at work. We might even get physically or mentally sick from not dealing with the problem. IT could even start to impact other parts of our lives besides our work lives. What ever the fears, we must let this person know that his or her behavior is offensive.
If you have already informed the source that his/her behavior offends you, what should you do?
--This is based on your departmental policy. You would document and report to the appropriate person in your organization so corrective action can be taken.
When we observe harassing behavior we may think that we should stay out of it or that it is none of our business. This is the wrong attitude to have.
Allowing such behavior to continue is wrong. We need to call attention to this behavior when we see it. This may involve telling the harasser to stop, or reporting harassing behavior to the appropriate person. Playing a role in stopping harassment shows others that harassment will not be tolerated. It also gives support to the target of harassment, who may be feeling scared and hurt.
Could the observer be harassed by the behavior also?
A respectful workplace is everyone’s business.
We should expect our organization’s leaders to challenge disrespectful behavior when they witness it or are told about it, to seriously investigate reports of such behavior, to take action to build and maintain a respectful workplace, and to prevent any retaliation in the workplace.
Even if you are not that person’s supervisor you still have a responsibility for stopping the harassment if observed or if you received a complaint. You open yourself to liability if you do not address the situation. You are responsible for receiving complaints, and following departmental procedures to ensure it is addressed.
No one wants to work in a hostile environment where they feel harassed. We must all do our part to STOP harassment to create a comfortable work environment where everyone is treated equally.
