Legislative Equity Office: Respectful Workplace Culture

Legislative Equity Office:

Respectful Workplace Culture

& Rule 27

Jackie Sandmeyer,

Acting Legislative Equity Officer

Legislative Equity Office

• Created by HB 3377 – “new rule 27”

• Independent office within the legislature

• Confidential resource for process counseling

Room 62

[email protected]

CONFIDENTIAL

Is this new?

Yes and no:

• You have always had a right to a safe workplace free of discrimination, harassment and retaliation.

• Previous versions of “rule 27” have existed and provided ways for you to report or file complaints.

• The current process, options in reporting and services available to you are in many ways new.

Is this new?

The current process is an effort to:

1. Increase your options in reaching out for help

2. Increase transparency and opportunities for informed decision making

3. Offer more ways to preserve privacy and confidentiality

What can be reported?

• You can ALWAYS reach out with questions or concerns about a behavior, comment or situation that makes you feel unsafe.

• You can ALWAYS reach out with questions about conduct or comments that you witness aimed toward another person.

• The LEO is confidential and can answer questions confidentially.


Who does Rule 27 apply to?

• Members

• Staff, intern, extern or volunteer

• Lobbyists

• Contractors and their employees

• Members of the public present in the state capitol


Who does Rule 27 apply to?

Anyone who witnessed or experienced the conduct can make a report under Rule 27.


Types of conduct that are under Rule 27:

• Sexual harassment

• Retaliation

• Harassment or hostile work environment aimed at a protected class or member of a protected class

Verbal OR physical conduct


What about free speech?

• Every person in this building has a right to freedom of speech and expression

• Rule 27 takes into consideration rights afforded to you in both:

Article I, section 8, of the Oregon Constitution

First Amendment to the United States Constitution


What if the conduct occurred a long time ago?

A person has 5 years from when the conduct occurred to make a complaint under Rule 27.


How do we ensure that we don’t

violate these standards of behavior?

How do we create and foster respectful workplace culture that treats each person with respect allowing

for each of us to thrive in our respective work?


Integrate best-practices to create respectful workplace culture.

Intervene and report incidences of harassment or discrimination when they happen.

Compliance with workplace policies and state and federal anti-discrimination laws.


Our shared goals:

1. Create and foster an environment where harassing and discriminatory behavior is met with intervention and correction.

2. Identify and foster norms and culture that prevent instances of harassment or discrimination from occurring.


Why would we want to create an expectation that we not

only abide by policy but create respectful culture?


What is “sexual harassment?”

“Individual engages in unwelcome conduct of a sexual nature, including but not limited to sexual advances, requests for sexual favors, sexual comment, unwanted or offensive touching or physical contact, unwanted closeness, impeding or blocking movement, sexual gesture, sexual innuendo, sexual joke, sexually charged language, intimate inquiry, persistent unwanted courting, sexist insult, gender stereotype, or other verbal or physical conduct of a sexual nature.”


What is “sexual harassment?”

• Conduct of a sexual nature

• Unwanted or unwelcome

• Physical or verbal


What are examples?

• Hugging, kissing or any other touching of someone when there is not pre-determined consent for that contact

• Making a sexual joke or making a comment that includes a sexual innuendo

• Making comments rooted in sex or gender stereotypes

• Persistently courting someone when it is unwanted

• Blocking or impeding someone with your body from being able to move past you or to leave a situation


Unwelcome verbal or physical conduct:


Unwelcome verbal or physical conduct:

Best Practices

What can we replace behavior with?

“Is it ok if I close the door?”

“Do you feel comfortable having that meeting in my office?”

“I’m sorry that you’re going through that. Would you like a hug?”

“Is there something I can do to support you today? Get you coffee?

When you’re not sure, ASK


What is “harassment or hostile workplace?”

“Engaging in verbal or physical conduct, including making a visual display or causing a visual display to be shown, that denigrates or shows hostility toward a protected class or toward an individual because of the individual’s status as a member of a protected class.”

Rule 27 Conduct

Protected Class + Conduct + = Rule 27 violationConnection betweenconduct and protected status

“New” Rule 27

Protected Classes:• Sex

• Race

• Ethnicity

• National origin

• Age

• Religion

• Marital status

• Sexual orientation

• Gender identity or expression

• Engaging in whistleblowing activity

• Opposing an employer’s actions when actions believed to unlawful

• Taking protected leave from work

• Injured worker status

• Disability

• Veteran status


What are examples?

• Putting up a cartoon that denigrates or makes a joke rooted in stereotypes about an ethnic or racial group.

• Shoving someone or purposefully bumping into them because they are transgender or nonbinary.

• Acting upon bias toward a religious minority.

• Making a comment at a meeting meant to humiliate or degrade someone for being on protected leave.


Protected Class + Conduct + = Rule 27 violationConnection betweenconduct and protected status


The Legislative Branch is committed to creating and fostering a safe and respectful workplace.

ALL people who work in and utilize the Capitol Building have a right to do so with dignity and respect.

Best Practices

What are steps we can take?

• Interrupt comments that you hear making joke of or degrading groups of people or individuals

• Set an example through your own conduct and demeanor for colleagues and staff

• Foster a larger environment of respect for your office

• Let a staff person, lobbyist or member of the public know that they can reach out to the LEO if you hear or see something


What is “retaliation?”

“Person treats another individual less favorably because the individual made a good-faith complaint about conduct prohibited by this rule or participated in an investigation about conduct that is prohibited by this rule.”


What are examples?

• Taking a person off a project because they made a complaint about an employee harassing them.

• Making a comment meant to embarrass or humiliate someone who participated in an investigation.

• Calling a person who has participated in a complaint process a name or slur.

Best Practices


• Normalize and bring awareness to the the LEO office and other resources available including the employee assistance program.

• Talk to staff and co-workers about Rule 27 and other processes being part of larger resources and support.

• Remind staff and co-workers that they can always reach out to LEO or employee services with questions.

Best Practices


This is an amazing place to be and work, and part of that is ensuring that we have resources and a process available to respond to incidences when they happen.


This Photo by Unknown Author is licensed under CC BY

• Harassment• Discrimination• Retaliation

• Using appropriate pronouns• Respecting privacy• Active bystander• Checking-in about

comments/actions

http://www.flickr.com/photos/mkwilliams/6654980435/

https://creativecommons.org/licenses/by/3.0/


What are challenges to creating and fostering respectful workplace culture?


We often know only a fraction of the whole story, and create value judgements

and conclusions based on that information.

This Photo by Unknown Author is licensed under CC BY-NC-ND

We are the sum of our experiences.

https://peggyriley.com/2015/09/06/the-shark-and-the-iceberg-2/

https://creativecommons.org/licenses/by-nc-nd/3.0/

Experiential Knowledge

When somebody says the word “dog” what comes to mind?


This Photo by Unknown Author is licensed under CC BY-NC

http://www.allwhitebackground.com/dog.html

https://creativecommons.org/licenses/by-nc/3.0/


This Photo by Unknown Author is licensed under CC BY

https://www.flickr.com/photos/daveynin/45528371274/

https://creativecommons.org/licenses/by/3.0/


Where else does experiential knowledge come from?

• Cultural

• Generational

• Geographical

• Social


Experiential knowledge affects all of our actions:

• Workstyle

• Food preferences

• Clothing

• Time management

• Transportation

• Communication style

Reporting Options

What if I something happens and I want to file a complaint?

Reporting Options

What are my options if I want to reach out to file a complaint or get more information?

Confidential Disclosure

ConductReport

Conduct Complaint

Reporting Options



ConductReport

Conduct Complaint

Reporting Options


• Made to: LEO

• How report made: in writing or verbally

• What happens next? Reporter chooses whether the disclosure turns into a report or remains confidential.

A report can be made within 5 years of a conduct occurring.

Reporting Options



ConductReport

Conduct Complaint

Reporting Options

Conduct Report

• Made to: Investigator, LEO or Employee Services

• How report made: in writing or verbally

• What happens next? Complaint is given to an outside investigator

Reporting Options



ConductReport

Conduct Complaint

Reporting Options

Conduct Complaint:

• Made to: LEO

• How report made: In writing, identify parties, fact and circumstances, declaration under penalty of perjury

• What happens next? Complaint is given to an outside investigator

Reporting Options

What if I’m still not ready to make a decision?

• Information with the LEO remains confidential until the reporter decides to make a report

• A person has 5 years from when the conduct occurred to make a report

• You have options - make the decision when you’re ready

Reporting Options

I’m ready to make a complaint.

It’s been sent to an investigator.

Now what?

Reporting Options

Complaint LEO will explain your rights and options including:

• Filing the complaint directly with the investigator

• Services and resources• BOLI or EEOC• What you can expect next from the

process

Reporting Options

Complaint

Do you feel safe? Do you feel like you can return to work? Do there need to be interim safety measures in place?

• No contact order?• Leave from work?• Supervisor notified?• Check-ins?

Reporting Options

Complaint

Investigator conducts an intake

Reporting party’s opportunity to discuss what the complaint is about.

Opportunity to re-evaluate need for safety measures in case something has changed.

Reporting Options

Complaint


Rule 27 violation?

Does the complaint fall under types of conduct that can be reported under rule 27?

Reporting Options

Complaint


Rule 27 violation?

Rule 27 processRespectful

Workplace Process

Whether conduct fits into rule 27 or not, there are processes available to offer remedy and safety.

Reporting Options

I made a complaint.

I met with the investigator.

What next?

Reporting Options

During an investigation:

• Investigator will meet with the person reporting as well as the person who was named responsible for the conduct

• The investigator will also interview witnesses• Documents such as emails and texts can be provided to the investigator• The investigator may meet with you more than once if they have follow-

up questions• You can reach out to the investigator if you have information you forgot

to mention

84 days

Reporting Options

The report:

• At the conclusion of the investigation a draft report is created

• Reporting party and named party will receive a draft of the report

• Both parties have 7 days to submit any corrections to the report

Reporting Options

After the report is finalized:

• A final report is distributed to the reporting party and named party

• A copy of the report is given to the Conduct Committee if the named party is a member or partisan staff member

• If respondent is nonpartisan staff, the report will go to the person’s appointing authority

Reporting Options

Throughout the investigation and after, the LEO will check-in with you to see if you have questions or need safety measures.

You can always waive the option to have the LEO check-in.

Supervisory Reporting Duties

Do I have to make a report if I witness something or hear about something?

Only if you are:• An appointing authority, including any member of the Legislative Assembly

• Nonpartisan staff supervisor

• Legislative Brach contractor, or an employee of a contractor


What if I am mandated to report, but I’m the person who experienced the conduct?

• You, as the person who experienced the conduct, have an opportunity to make a confidential disclosure

• No conduct report must be made


Four Steps to Remember:

1. Empathetic interruption

2. Your “elevator speech”

3. Connect with the LEO office

4. Report & Regroup


1. Empathetic interruption

“Before we have a conversation I want you to know that I have an obligation to disclose anything that is related to harassment or discrimination to the LEO …..”


2. Create your elevator speech

“I appreciate that you felt comfortable telling me. Just so you know, I must disclose X to the LEO, so that they can reach out to you and ensure that you’re safe and have access to services.”


3. Connect with services

“I want you to know that you can go downstairs to talk to the LEO confidentially about your options, any safety needs you have and what to expect next.”

If you can…. Please offer to walk people.


4. Report & Regroup

• take a deep breath

• reach out to the LEO to file the report

• collect what answers you need to


You can always come to the LEO office and ask questions about your duty to report.

Active Bystander

How do we expect someone to react when they are anxious, nervous, scared, hurt, stressed?

Active Bystander


• Catecholomines – fight or flight response• Cortisol – increases available energy• Opioids – prevents anticipated pain• Oxytocin – promotes good

feelings/manages emotions

http://www.spring.org.uk/2015/09/how-borderline-personality-disorder-affects-the-brain.php


Active Bystander


FIGHT OR FLIGHT!FREEZE

http://www.spring.org.uk/2015/09/how-borderline-personality-disorder-affects-the-brain.php


Active Bystander

1. See conduct

2. Identify conduct as harassment, bias or discrimination

3. Identify yourself as active bystander

4. Formulate plan to help

5. Act

Active Bystander

Active Bystander

• “I noticed that comment/behavior in that meeting. I wanted to check in with you about how that affected you and if there’s a way I can support you.”

• “Are there ways I can be helpful or provide support in a different way?”

• “I wanted to check-in and see if there are better ways I could be doing things to support your work style.”

Active Bystander

You will make mistakes, say the wrong thing, feel like you could have done more, and other times you will

have done everything exactly right.

All of the above is ok.

What Can We Expect Next?

Coming next from the LEO Office:

1. Offsite confidential process counselor

2. Anonymous reporting form

3. Climate survey

4. Respectful workplace policy

5. More resources to help you make informed decisions

Have Questions?

Information

Resources

Reports & Complaints

Jackie SandmeyerRoom 62CONFIDENTIAL