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2011 Harassment And Discrimination Training11,126views

Robert Shearer (2 SlideShares) , Director of HR for the Americas at Waterford CrystalFollow0 0 0 0

Published on May 10, 2011

This is a presentation I have developed and delivered for both compliance and general preventive measures at my company.

This is a presentation I have developed and delivered for both compliance and general preventive measures at my company.

Published in: Career

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1. Glory (U.S.A.) Inc. Harassment, Sexual Harassment, & Discrimination Training May 20112.

At the close of this session, you will be able to:Define harassmentExplain the difference between illegal harassment and certain behavior that is inappropriate / unprofessional (often referred to as harassment but notillegal)State the importance of preventing harassment in the workplaceList the categories of harassmentBe aware of the laws that prohibit and provide protection against harassmentDescribe the Glory policy and procedures on harassment

Objectives3. Why This Training is Important

Why is it important to prevent harassment in our workplace?Harassment harms us all. An important part of our corporate values is to ensure all employees are treated with respect and dignity. Engaging in,condoning, or not reporting harassment are in direct conflict with our values.Compliance with multiple laws, both federal and stateThe EEOC received a record 99,922 charges in their FY 2010, which ended Sept. 30 —the highest number of charges in the agency’s 45­year history. The agency secured more than $319 million in monetary benefits for individuals—the highest level of relief obtained through administrative enforcement inthe Commission’s historySource: EEOC.gov officially released statistics at http://www.eeoc.gov/eeoc/statistics/enforcement/sexual_harassment.cfm

4. Laws Forming the Basis of Discrimination ClaimsTitle VII of the Civil Rights Act of 1964 prohibits discrimination and practices because of a person’s race, color, religion, sex or national origin.Americans with Disabilities Act 1990 prohibits discrimination based on physical or mental impairment, and also requires employer’s reasonableaccommodations for qualifying individuals with disabilities.Equal Pay Act of 1963 protects men and women who perform substantially equal work in the same establishment from sex based discrimination.Immigration Reform and Control Act 1986, 1990, 1996 establishes penalties for employers who knowingly hire unauthorized aliens; prohibitsemployment discrimination on the basis of national origin or citizenship against US citizens, US nationals, and certain aliens.Age Discrimination in Employment Act of 1967 protects individuals who are 40 years and older against age discrimination.

5. Laws Forming the Basis of Discrimination Claims (continued – there’s that many!)NJ Law Against Discrimination (LAD) makes it unlawful to subject people to differential treatment based on race, creed, color, national origin,nationality, ancestry, age, sex (including pregnancy), familial status, marital status, domestic partnership status, affectional or sexual orientation, atypicalhereditary cellular or blood trait, genetic information, liability for military service, and mental or physical disability, perceived disability, and AIDS andHIV status.NJ Conscientious Employee Protection Act (“Whistleblower Act”) is New Jersey's whistleblower law. It is one of the broadest anti­retaliation laws in thecountry. It provides broad protection to employees who report illegal and unethical workplace activities. Its primary purposes are to encourageemployees to report illegal and unethical workplace activities, and to discourage employers from engaging in illegal and unethical conduct.Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members' reemployment rights when returning from aperiod of service in the uniformed services, including those called up from the reserves or National Guard, and prohibits employer discrimination based onmilitary service or obligation.Multiple State Laws will provide state­specific mandates, such as how and when to do sexual harassment training (CA) and “lifestyle discrimination”avoidance (9 states).

6. Harassment in the NewsDespite companies and employees claiming to know the law, harassment still occursFortune 500 companies with vast resources are not immune to such litigationEmployees and Management who went through training like this multiple times still found guilty of harassment

7. Harassment in the NewsAs recently as August 2010, The California SupremeCourt unanimously agreed that stray remarks fromcolleagues may have been considered evidence of biasand ruled that a trial court erred in dismissing an agediscrimination lawsuit against which industry giant?

8. Harassment in the NewsThe Internet’s most popular search engine must now face charges from former manager Brian Reid who claims he was fired by Google for being too old.Reid was hired in 2002 as director of operations and engineering. Less than two years after being hired, Reid was told that he was not a good “culturalfit” and was fired.This ruling upheld an earlier state appeals court decision that the trial court had erred in dismissing the original Google age discrimination lawsuit. TheCalifornia Supreme Court stated that remarks from Reid’s co­workers, including episodes of colleagues calling Reid “old man” and “old fuddy­duddy”could have been considered to be evidence of bias

9. Sexual Harassment in the News2011 ­ A former senior sales consultant who worked in for IBM in Melbourne (Australia) has filed a $1.1 million lawsuit against the technology giant forsexual harassment, unlawful discrimination and bullying2011 – 16 Yale students contacted the Dept of Education stating that Yale violated Title IX of the Education Amendments of 1972 by ignoringcomplaints of a sexually harassing environment

2010 ­ Hewlett Packard CEO Mark Hurd stepped down in August following a sexual harassment investigation – a probe found he violated companystandards and filed inaccurate expense reports to cover up his "close personal relationship" with a marketing consultant hired by his office

10. What is Harassment?Unwelcome verbal or physical conduct based on a person’s status in a protected classConduct that unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environmentAn occurrence where an employee’s status or benefits are directly affected by the harassing conduct of a manager or person of authority (for example,“Quid Pro Quo” in sexual harassment cases)Adverse employment actions (retaliation) against employees who complained of harassment or discrimination or who participate in a complaint procedure

11. Illegal Harassment vs. Inappropriate ConductIn the workplace and as used in this presentation, the term “harassment” refers to the illegal form of discriminationEmployees often say they are being harassed, however, when they are subjected to inappropriate conduct or behavior which is not illegal but stillunacceptable in the workplaceThe term frequently used to describe this type of behavior and conduct is workplace bullying:

Workplace bullying is repeated mistreatment of one or more employees using humiliation, intimidation and denigrationBullying behavior can exist at any level of an organizationBullies can be superiors, subordinates, co­workers and colleagues

12. Examples of HarassmentRace/ColorEthnic slurs or jokes, offensive or derogatory comments, or other verbal or physical conduct based on an employee’s race/color constitutes harassment ifthat conduct creates a hostile or offensive work environment or results in an adverse employment decision.ReligionHarassment based on religion occurs when an employee is antagonized or ridiculed because of his religious beliefs. Another type of religious harassmentoccurs when a co­worker or supervisor “preaches” or proselytizes to an employee and the employee perceives that behavior to be unwanted andoffensive, amounting to a hostile work environment.

13. Examples of Harassment (cont.)National OriginRidiculing because of birthplace, ancestry, culture or linguistic characteristics common to a specific ethnic group.DisabilityThe Americans With Disabilities Act (ADA) prohibits workplace discrimination on the basis of disability, past disability or being regarded as disabled.Harassment can be found when the conduct creates a hostile or offensive work environment or results in an adverse employment decision.Sexual OrientationIn NJ and other states, subjecting someone to harassing behavior because of their sexual orientation or perceived sexual orientation is also illegal.

14. “What do you mean by…”Harassing behavior can range from severe tosubtle:

Any derogatory or slang word for a class of peopleA man being told by an executive to be happy a female co­worker is hitting on him, followed by rumors circulating that he’s gay when he deniesher advances (EEOC v. Prospect Airport Services, 2010)Allowing only Christian décor in the workplace but not a Star of David“ Of course he can’t work the new software. They didn’t even have computers when he started working!”

15. What is Sexual Harassment?Unwelcome sexual advancesRequests for sexual favorsOther 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 anadverse business decision

16. Forms of Sexual HarassmentTwo forms of sexual harassmentQuid pro quo (Latin for “this for that” or “something for something”)Hostile Work Environment

17. Quid Pro QuoTangible employment action taken or threatened against the victimInvolves adverse employment decision (e.g. monetary loss, change in job)

Example: Mary Smith receives smaller pay increase based on performance than other employees with similar performance because she refused togo out with her supervisor, John Doe.

18. Hostile Work EnvironmentSpeech or conduct that is severe or pervasive enough to create a hostile or offensive work environment or result in an adverse employment decision

Example: The receptionist is always subjected to requests for dates and crude jokes from the delivery driverExample 2: A sales representative is constantly touched by his customer, and told repeatedly “you know how you could close this deal…”

19. Hostile Work EnvironmentIn addition to speech and/or conduct, covers explicit or suggestive items displayed in the workplace that interfere with job performance or that creates ahostile or offensive work environment

Example: An employee has a calendar of semi­nude females on her cubicle wall visible to passersby20. Perception

In harassment cases, it is the victim’sperception that counts

Intent is not a defenseAs long as a “reasonable person standard” is met, harassment is found (i.e. a reasonable person of the victim’s gender)

21. Who Can be Involved?Those who commit – employees at all levels, customers, vendors, members of the protected class, people being interviewedThose who are targeted – victims, unintentional victims (e.g. spouse belongs to protected class), bystanders, witnesses who are affected by theharassmentThe individuals can be of the same gender

22. OutcomesIt is important to report all harassment claims early so that fallout may be minimized. If behavior can be stopped, outcomes are often less severe:Formal communication and monitoring of future behaviorDepartment RestructuringWritten WarningTermination

23. How do I Report?All perceived harassment is to be reported tothe HR Manager for investigation and actionWho was involved?What specifically was said or witnessed?Who else may have witnessed?Is this the first instance?

24. What is Retaliation?Retaliation is defined as an adverse action taken against an employee because he/she complained of harassment or discrimination

Adverse action includes demotion, discipline, termination, salary reduction, negative performance appraisal, change in job duties or shiftassignment, or lost employment opportunity

25. What is Retaliation?Anti­discrimination laws prohibit employers from taking adverse action against employees for asserting their rights.When an employee complains of harassment to the company or to a government agency, the company must not take any action that the employee mayview as punishment or retaliation for filing the complaint.Employees have lost a harassment claim but won a retaliation claim for the same incident.

26. Glory’s PolicyGlory (USA) takes any and all claims of harassment seriously.The Employee Guide, which includes this policy, is signed off on by all employees.Please take a provided copy of the policy with you at the close of this session.

27. Your ResponsibilitiesKnow and comply with our policy and proceduresImmediately report any complaint that you receive from your employees or incidents that you witness to the Human Resources Manager

28. SummaryHarassment and discrimination against some because they belong to a protected class is illegal and against Glory policyHarassment differs from inappropriate conduct, which is not illegal but also against Glory policyIt is the victim’s perception that counts, so “innocent” remarks can become harassingAll claims should be forwarded to the HR ManagerNo employee shall be retaliated against because they filed claim of harassment

29. HandoutsGlory (USA) PolicyNJ Law Against Discrimination Posting from the Department of LaborNJ Conscientious Employee Protection Act Posting from the Department of LaborEmployee Statement

Read, sign, and return to HR today30. Questions & Answers31. Thank You!

Workplace EEOTraining

EEO, diversity, harassment,management, sensitivity

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