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www.TrainMeToday.com888.926.2644Info@TrainMeToday.com
Copyright HR Coach LLC 1
You have attended this class.You have received your company’s harassment prevention policy.You know how to report harassment if you are harassed or know of someone being harassed. You understand your responsibility as a supervisor.You will read and comply with the policy.You know who to ask if you have questions.
Copyright HR Coach LLC 2
Copyright HR Coach LLC 3
Civil Rights Act of 1866 (All men regardless of race have the right to buy property)
Civil Rights Act of 1964 - Title VII (race, color, religion, sex or national origin)
Age Discrimination in Employment Act – 1967 Sexual Harassment - 1980 Americans With Disabilities Act – 1990 Workplace must be FREE from all forms of
harassment & discrimination 1993 Uniformed Services Employment and
Reemployment Rights Act (USERRA) – 2000
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race, color, creed, religion, sex, gender identity, pregnancy, child birth, national origin, age, marital/domestic
partner status,
physical or mental disability,
HIV & Aids, medical condition
(cancer and genetic characteristics),
Vietnam era veteran status,
sexual orientation, transgender status, retaliation, denial of PDL, breast feeding
mothers
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Copyright HR Coach LLC 6
Copyright HR Coach LLC 7Module 1 – The Law
Employers may be held liable for failing to protect their employee’s from harassment by anyone (vendor, student,
employee, customer, etc.) in the course of their work. Copyright HR Coach LLC 8
Employers with 50 or more employees shall train all supervisors every two years.
Training must be interactive. Training must be 2 or more
hours. New supervisors must be trained
within 6 months
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Conduct is harassment if (based on a legally protected status)◦ It creates an intimidating or hostile work
environment,◦ Unreasonably interferes with the individuals work,◦ Adversely impacts the individuals employment
opportunities.
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Saying things that are sexual
Saying things related to sex
Touching inappropriately Making it so
uncomfortable (related to sex) at work that the person’s job performance declines and/or they feel forced to quit their job
Anything gender related.
Implying that sex is a condition of employment
Making sex a condition of employment
Hostile Work Environment Quid Pro Quo
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Copyright HR Coach LLC 12
Fill in the blankEmployees or job applicants who believe that they have been illegally harassed may file a complaint of discrimination with the DFEH within _________of the harassment.
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one year
“Remedies” that may be required by the company if they are found to have allowed illegal harassment or discrimination.
Restoration of jobBack payOut-of-pocket lossesAffirmative reliefMandated training
Policy changesEmotional distress damagesAdministrative finesAttorney’s feesExpert witness fees
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Supervisors have direct contact with employees and represent the employer.
Employers are strictly held liable for harassment by a supervisor.
Supervisors are legally obligated for harassment prevention in the workplace.
Supervisors have legitimate power.
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Remember that employers are strictly held liable for harassment by supervisors.
Take an active approach to preventing harassment.
Train all employeesabout how to preventharassment.
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Harassment creates an offensive and “hostile work environment”
It’s expensive Promotes poor
morale
Prohibits high performance
Limits productivity Causes turnover Minimizes attracting
new employees
Training new employees
Safety issues
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Lawsuits Financial
settlements Legal Fees
Negative publicity Damage to the
reputation and image of the entire organization & management team.
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Psychological damage
Personal dignity Self esteem Powerless Emotional well
being Professional
development
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I didn’t know that was inappropriate
Everyone here does it
Family culture I was just joking Nothing offends
me Not held
accountable
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Q♣
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Understand the law. Enforce policy. Monitor behavior. Watch for signs. Spot it and stop it –
Take immediate, appropriate, corrective action.
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Gossip. Assuming. Touching. Profanity.
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Cleavage, tight fitting clothes, inappropriate graphics on t-shirts or tattoos, sagging, exposed underwear, etc., may be offensive to the average person in the average work place.
What should you do if you have an
employee that is dressed
inappropriately?
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Always contact HR if an employee makes a complaint to you to begin an investigation.
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But is often a slippery and dangerous slope. It is never a good idea to get romantically involved with those that work for you.
Would it be different if it were a co-worker
(supervisor) dating a subordinate?
What would you say to your employees if
you find that they are dating?
Know that the workforce is made up of a variety of personalities.
Behavior which may not seem harmful to one person may be harmful to another.
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Do not disregard or downplay complaints concerning inappropriate behavior.
Always report complaints to the person responsible for Human Resource management.
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Ensure employees who report to you, both verbally and through your conduct, that there will be no retaliation against employees for good faith complaints of harassment or discrimination.
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Remember that the company has an obligation to investigate all complaints of harassment, even if the complaining employee does not want the complaint investigated.
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Complaints of harassment, and the identities of the parties involved, must remain as confidential as possible, but only to the degree that they can remain confidential.
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HR must investigate all complaints of harassment to find supporting facts.
Give all accused of harassment an opportunity to respond.
888.926.2644Copyright HR Coach LLC All Rights
Reserved 32
Use the same disciplinary action process as you would use in treating any violation of company policy…depending on the severity of the offense and/or the number of incidents.
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You see it happen… Employee complains to you…
Take the opportunity for a “teaching moment” or
Counsel in private Say, “that is not
appropriate for work” Don’t judge Use authority if
necessary
Listen Try to look at it from
their point of view Get help from HR Let HR investigate If a warning is needed
work with HR, follow up and re-enforce
888.926.2644Copyright HR Coach LLC All Rights
Reserved 34Module 3 - Prevention
Cooperate fully with the investigation. Be honest. Don’t be defensive. Try to look at it from the accuser’s point of view. Recognize that different people see things differently. And remember, a simple apology for a misunderstanding, can go a long way.
888.926.2644Copyright HR Coach LLC All Rights
Reserved 35Module 4- Identifying
Copyright HR Coach LLC 36
Set the tone for others to follow. Be a positive example. Ask, does it make work a better place to be?Is it productive?Demonstrate appropriate
behaviors
What is the most effective thing you can do to PREVENT
inappropriate behavior at work?
An HR Coach LLC Company
www.TrainMeToday.com 888.926.2644 Info@TrainMeToday.com Copyright HR Coach LLC 37
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