Unlawful Discrimination & Sexual Harassment

1. Unlawful Discrimination,
Sexual Harassment, Title IX
&
Workplace Violence Training

2. Purpose –
Unlawful Discrimination & Sexual Harassment
[Keep pressing the right arrow on your keyboard to proceed
with this training.]
• To help you understand what is meant by “unlawful
discrimination” & “sexual harassment.”
• Provide guidance on what to do if you witness or
experience potential unlawful discrimination or sexual
harassment.
• Provide supervisors with information about their
responsibilities.

3. Purpose – Title IX
• To help you understand what is meant by
“Title IX.”
• Provide guidance on what to do if you witness,
experience, or learn about potential Title IX
concerns.

4. Purpose – Workplace Violence
• Help you understand how to recognize issues
of workplace violence.
• Help you to understand how to react to issues
of workplace violence.
• Ensure that all UP employees have a
safe place to work!

5. What is Unlawful Discrimination?
Unlawful discrimination occurs when an employee is treated
differently because of or related to his or her protected
class(es).
The next slide has the many protected classes under federal
and Oregon law.
Each of us may have several protected classes.

6. Unlawful Discrimination –
Protected Classes
• Race.
• Color.
• National origin.
• Sex (includes
pregnancy-related
conditions, gender,
sexual
harassment).
• Religion.
• Age.
• Veteran status.
• Physical or mental
disability.
• Sexual orientation.
• Gender identity.
• Marital status.
• Family relationship.
• Injured workers.
• Genetic screening
& brain-wave
testing.
• Use of protected
medical or family
leave.
• Association with
member of a
protected class.
• Opposition of an
unlawful
employment
practice.
• Use of rights under
other applicable
employment laws.

7. Unlawful Discrimination – Potential Examples
• Muslim applicant not hired for
housekeeping position because she
stated that she needs to wear a
head covering while working.
• Employees with veteran status not
promoted as much as other
employees.
• Women employees paid less than
male employees.
• Employee fired after employer
learns she is in a romantic
relationship with a woman.
• Promoting one employee and not
another based on marital status.
• Racial or ethnic slurs.
• Offensive or uncomfortable jokes,
innuendos, stories, or graphics
related to a protected class such as
race, sex, age, sexual orientation,
etc.
• Engaging in unwelcome physical
touching (hugging, touching or
patting body parts, kissing) towards
men or women.
• Engaging in unwelcome or
harassing conduct (placing garbage
in a coworker’s locker, putting dog
bowl before a coworker’s locker,
hanging a noose on a coworker’s
cart, etc.).

8. What is Sexual Harassment?
Sexual harassment is a form of unlawful discrimination. The
protected class involved in sexual harassment is sex/gender.
Sexual harassment is when an employee is treated differently
and negatively by the employer (managers or supervisors) or
other employees related to the employee’s sex or gender.

9. Sexual Harassment – Potential Examples
• A manager, supervisor, or coworker
makes sexual or romantic
advances.
• Making requests for sexual favors.
• Providing employee with more pay
and better evaluations because she
is open to flirtation with supervisor.
• Looking at or towards certain body
parts of an employee.
• Making compliments that could be
construed to be of a sexual nature.
• Using offensive language (such as
profanity and swear words).
• Telling offensive or uncomfortable
jokes, innuendos, or stories related
to sex or gender – even telling
sexual stories involving oneself and
one’s significant other.
• Displaying offensive or
uncomfortable graphics or art –
such as calendars or photos with
swimwear or nude art.
• Engaging in unwelcome physical
touching (hugging, touching or
patting body parts, kissing) towards
men or women.

10. Unlawful Discrimination & Sexual Harassment
Is it okay if the employee subjected to the discriminatory or
sexually harassing conduct is open to, agreeable to, or participates
in such conduct?
No.
Submission to unlawful conduct cannot explicitly or implicitly be
made a term or condition of employment no matter what. Such
conduct can still have the effect of unreasonably interfering with an
employee’s work performance or of creating an intimidating,
hostile, or offensive work environment.
This is unlawful.

11. Unlawful Discrimination & Sexual Harassment
Is it okay if non-supervisory coworkers were just joking around when they
told the offensive stories, they did not mean to be offensive to anyone,
not all the coworkers in the vicinity were offended, and the complaining
coworker is one of those “sensitive types”?
No.
Submission to unlawful conduct cannot explicitly or implicitly be made a
term or condition of employment no matter what. Such conduct can still
have the effect of unreasonably interfering with an employee’s work
performance or of creating an intimidating, hostile, or offensive work
environment.
This is unlawful.

12. Unlawful Discrimination & Sexual Harassment
What should employees do to comply with the University’s
“Unlawful Discrimination and Harassment Free Work
Environment” policy?
1. Review the University’s policy at:
www.bitly.com/UPHRHFWE
2. Do not engage in any direct or indirect violations of UP’s
unlawful discrimination and sexual harassment policy
towards or in connection with other UP employees,
students, vendors/contractors, visitors, or any other
person who is part of or engaging with the UP community.

13. Unlawful Discrimination & Sexual Harassment
What should you do if you have any concerns about unlawful
discrimination or sexual harassment of any person who is part
of or engaging in the UP community?
Contact HR immediately
Sandy Chung, Director of HR: chung@up.edu; ext. 8987
Bill Jenkins, Asst. Director of HR: jenkinsw@up.edu; ext. 8784

14. Unlawful Discrimination & Sexual Harassment –
Duties of Managers & Supervisors
Managers and supervisors have a legal duty to report
potential unlawful discrimination or sexual harassment to HR.
• Reports should be made to HR even if manager/supervisor
did not personally observe or hear the incident or concern.
• Reports should be made to HR even if manager/supervisor
is not sure if anything unlawful or prohibited occurred.
• Reports to HR should be made ASAP.

15. Unlawful Discrimination & Sexual Harassment –
Duties of Managers & Supervisors
Managers and supervisors have a legal duty to report potential
unlawful discrimination or sexual harassment to HR.
• Increasingly, states and courts are holding managers/supervisors
personally liable in situations involving unlawful discrimination
or sexual harassment.
• Best form of prevention and protection is to report any and all
potential concerns to HR – no matter how big or small.
• Managers/supervisors cannot guarantee confidentiality
regarding such concerns to employees or students.

16. Unlawful Discrimination & Sexual Harassment –
Duties of Human Resources
When HR receives concerns or complaints about potential unlawful discrimination or
sexual harassment, HR has a duty to investigate.
• That an investigation is being conducted says nothing about the legitimacy or
accuracy of the concern or complaint.
• Persons who may be a witness or can provide relevant information will be
interviewed.
• It is prohibited to try to affect the information provided by a witness.
• It is prohibited to retaliate – act in a negative way – towards a person for making a
complaint or participating in an investigation.
• Managers/supervisors and HR cannot guarantee 100% confidentiality; rather, UP’s
representatives can only try to keep shared information as confidential as possible

17. What is Title IX?
Title IX is a federal law that prohibits sex or gender based or
related discrimination in institutions of higher education.
• Title IX encompasses interactions involving institution and
student, faculty and student, staff and student, student and
student, and even institution/employee and employee.
• Title IX covers everything from: inequities amongst men’s
and women’s sports teams, to sexist conduct in classrooms,
to romantic relationships between faculty/staff and
students, to sexual assault by a student towards another,
and so on.

18. What is Title IX?
What should UP employees do to comply with Title IX?
• Review UP’s Title IX policy and other related information at:
www.up.edu/titleix.
• Do not engage in any direct or indirect violations of UP’s
Title IX policy.
• Report any potential Title IX concerns involving any person
who is a member of or engaging with the UP community to
a Title IX coordinator (such as HR).

19. What is Title IX?
Can employees ignore potential unlawful discrimination or
sexual harassment on campus if it does not involve employees
(e.g., the situations involve students, visitors, or contractors)?
Any such concerns should be communicated to HR asap.
Sandy Chung, Director of HR: chung@up.edu; ext. 8987
Bill Jenkins, Asst. Director of HR: jenkinsw@up.edu; ext. 8784

20. Workplace Violence
Hostile acts such as physical violence, verbal assaults, threats,
coercion, intimidation, and other forms of harassment may
constitute workplace violence.
Warning signs:
• Numerous or repeated conflicts with others.
• Statements indicating desperation over finances, family, school,
or other problems.
• Statements indicating desire or intent to hurt oneself or others.
• Reference to weapons.
• Statements about substance abuse.
• Threats or belligerent, intimidating, bullying type conduct.

21. Workplace Violence
What should employees do with potential concerns about
workplace violence.
If concern is imminent or urgent, contact Public Safety ASAP
(503-943-4444).
For concerns not imminent or urgent, be proactive and do not
underestimate possibility of violence. Contact supervisor and HR
asap.
Sandy Chung, Director of HR: chung@up.edu, ext. 8987
Bill Jenkins, Asst. Director of HR: jenkinsw@up.edu; ext. 8784

22. Directions – Finishing This Training
To finish this training:
1. Review next two and final slides.
2. Do a training assessment here (right click and select
“Open Hyperlink)
You will not be recorded as having finished this training if you
do not finish these steps.

23. Workplace Violence
If an incident of potential workplace violence occurs:
• If you can safely run away or hide, do so.
• Otherwise, try to signal to a coworker or customer to call
public safety.
• Saying to public safety, “please hold my calls,” indicates to
public safety that they need to respond immediately.

24. Workplace Violence
Some incidents of workplace violence may involve an active
shooter. Active shooter training is available here:
www.up.edu/publicsafety
END OF TRAINING PRESENTATION