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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.



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


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



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


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.


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



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.


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


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.


Remember that employers are strictly held liable for harassment by supervisors.

Take an active approach to preventing harassment.

Train all employeesabout how to preventharassment.


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


Lawsuits Financial

settlements Legal Fees

Negative publicity Damage to the

reputation and image of the entire organization & management team.


Psychological damage

Personal dignity Self esteem Powerless Emotional well

being Professional

development


I didn’t know that was inappropriate

Everyone here does it

Family culture I was just joking Nothing offends

me Not held

accountable


Q♣


Understand the law. Enforce policy. Monitor behavior. Watch for signs. Spot it and stop it –

Take immediate, appropriate, corrective action.


Gossip. Assuming. Touching. Profanity.



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?


Always contact HR if an employee makes a complaint to you to begin an investigation.


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.


Do not disregard or downplay complaints concerning inappropriate behavior.

Always report complaints to the person responsible for Human Resource management.


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.


Remember that the company has an obligation to investigate all complaints of harassment, even if the complaining employee does not want the complaint investigated.


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.


HR must investigate all complaints of harassment to find supporting facts.

Give all accused of harassment an opportunity to respond.

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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.


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


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.


Reserved 35Module 4- Identifying


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?

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