2. LARRY & LUCINDA
Larry and Lucinda are IT technicians at a medical
facility in Augusta. They have worked together for
over 5 years and appear to work well together.
One day Larry brings his brand new cell phone to
work. He shows off his new cell to the other male
technicians in the break room. This group of
employees can be seen huddling around the phone,
looking at the pictures – whispering about the
“twins”.
3. LARRY & LUCINDA (con’t)
Lucinda sees the other technicians in a circle around
the phones, overhears a portion of the
conversation, and wonders what is going on. She
runs over to Larry, and says: “Hey, I want to look at
the pictures, too!” Larry hesitates because he
doesn’t really want to show the pictures to Lucinda.
Lucinda pleads: “I really want to see the pictures. I
love kids! Come on!” Larry shrugs his shoulders and
finally shows her the pictures.
4. LARRY & LUCINDA (con’t)
Lucinda is shocked! She had expected to see pictures
of some cute, cuddly little kids. Instead she gets
pictures of the Neilson twins, in various stages of
undress.
You see, in his off-time, Larry likes to download porn
to his cellphone because his new phone displays the
pictures and videos in Super-D high definition, with
pseudo Dolby surround sound, … and he can take it
wherever he goes.
5. Who’s to Blame
A. Larry is a totally to blame.
He is at fault.
B. If Lucinda hadn’t been so
nosey, she would not have
seen the pictures, and she
wouldn’t have been
exposed to the unwelcome
content.
C. Both employees are at
fault.
6. ISSUES TO CONSIDER
• What if Larry had no intention to offend Lucinda?
• If it only happened this one time, is it serious
enough to be considered harassment?
• If Larry’s supervisor strongly intervenes at this
point and adequately mediates the conflict, has
the situation been resolved?
• How much more information do we need to
answer these questions?
7. Federal EEO/AA Legislation
What It Requires
Equal Pay Act of 1963 An organization Prohibits wage discrimination
between men and women in substantially
equal jobs within same organization. Makes it
illegal to pay workers lower wages strictly on
basis of their sex.
Title VII of the Civil
Rights Act of 1964
An organization cannot use as consideration a
person’s race, color, religion, sex, or national
origin when making employment decisions
(hiring, firing, transferring, promoting)
Executive Orders 11246
(1965) & 11375 (1967)
Contractors and subcontractors must develop a
written plan which includes steps to correct
underutilization of available skilled women and
minorities. The goal is to have a workforce
made up of approximately same percentage of
qualified women and men as in the recruitment
area.
8. Age Discrimination in Employment
Act of 1967
An organization cannot make
employment decisions based on a
person’s age when that person is
40 years old and over, and
restricts mandatory retirement
requirements except where age is
a bonafide occupational
requirement. This includes asking
for young people (under age 40)
in help wanted ads.
Americans with Disabilities Act of
1990
An organization cannot discriminate
based on mental/physical
disability if the job’s essential
functions are performed.
Federal EEO/AA Legislation
What It Requires
9. Equal Pay Act of 1963
Cannot make an employee’s gender the basis
for paying lower wages
10. Title VII of the Civil Rights Act of 1964
• When making employment decisions, cannot use as
consideration a person’s
Race
Color
Religion
Sex
National Origin
11. Executive Orders 11246 (1965) & 11375 (1967)
• Ensures non-discriminatory treatment
of all employees
• Develop and implement annual plan
that results in a workplace that
reflects availability of qualified
women and minorities in recruitment
area.
12. Age Discrimination in Employment Act of 1967
Cannot make
employment decisions
based on age when that
person is 40 years old
and over
14. “Our Hands Are Tied!”
“Suzie, our receptionist is attractive, and many of the guys tend
to ‘hit’ on her a little, well, a lot, but as long as she doesn’t
complain, there's nothing I can do about them.”
15. “UNBELIEVEABLE” ???
Joe is obviously upset:
“ I can’t believe Suzie complained about me!
– Sexual harassment doesn't arise from just one
incident; there has to be a pattern of incidents.“
– "Sexual harassment involves intimate touching or
other manner of physical contact—I was just talking.
How is that harassment?"
16. “And The Winner Is …”
“The work area in the rear warehouse gets pretty hectic, and, you
have to admit, a little gross. People swear at each other, call each
other names, and make catcalls and comments at each other. Several
of the workers visit a joke website every morning and have a contest
to see who can shout out the “gross joke of the day”. Most of the
workers participate, but a few seem uncomfortable.”
“Since the majority of the workers seem to like the environment, the
supervisor should not get involved.”
17. • A female supervisor working in the Continuing Education
department for the past 5 years complains that a recently
hired male supervisor with 2 years of supervisory
experience had a higher salary than her current salary.
• The female supervisor had excellent evaluations for entire
five years of employment.
• The female supervisor’s degree is in education, whereas
the male’s degree is in business.
• What do you think?
Name That Discrimination
Situation #4
18. Name That Discrimination
Situation #5
• Three maintenance technicians apply for a driver/building maintenance
position that was posted.
• Each applicant has roughly equivalent experience, but they differ
considerably in age (24, 41, and 60 years of age).
• Because the job involves driving various vehicles to each college campus
for meetings, vehicle maintenance, and deliveries, Jill, the hiring
manager selected the 41 year-old.
19. Name That Discrimination
Situation #5 (cont’d)
• Jill’s reasoning was:
– The 25 year-old—who also wore an earring—would probably drive too fast and
wouldn’t relate well to other college officials.
– The 60 year-old would probably be too slow—he voluntarily related that he had
a triple bypass 18 months earlier—and might make age-related driving mistakes
• Could Jill’s decision be considered discriminatory? Why or why not?
20. Jack & Jill
• Is there a policy that
covers this situation?
• What should Jack’s
next step be?
• If you were the
manager, what could
you do to resolve the
issues?
Jill begins to date Jack,
one of her employees. A
romantic relationship
develops. However, after a
few months, Jack abruptly
breaks it off. Jack believes
that ever since he stopped
dating Jill, he's received
fewer of the choice
assignments that could
lead to promotion.
21. Season to be Jolly ! !
• After the holiday party, a group
of us decided to keep the fun
going, so we all went to a club
for a few more drinks.
• Well, all the fun turned sour when he started coming on to
me, like real heavy duty. I tried my best to ignore him at first,
then I told him in a real serious tone of voice to stop.
• Finally, I emptied my margarita on him and left.
• The trouble is he is my boss and things have been “tense” in
the lab after that due to the heavy counseling he’s been
giving me on my job performance.
Employee:
22. Season to be Jolly!!
• She’s just imagining the issues at work!
• I’ve totally forgotten about the incident at the club.
• Besides, things that happen outside of work have nothing
to do with the organization.
• Don’t forget, we were no longer under the system’s paid
situation.
• And if things are tense at work, it’s because she’s let her
job performance slip quite a bit lately and I’ve had to
counsel her.
Supervisor:
23. REVIEW
(True or False)
1. GRU harassment policies covers only
incidents of sexual harassment made by a
supervisor towards an employee.
24. REVIEW
(True or False)
2. The consequences of violating GRU ‘s sexual
harassment policy will depend on the
remedies that are recommended by the
employee who is complaining.
25. REVIEW
(True or False)
3. Any known incident of discrimination,
harassment, or retaliation must be reported
immediately to someone in authority.
26. REVIEW
(True or False)
4. Any person filing a formal harassment
complaint under the GRU’s policies must
give up any reasonable expectation of
confidentiality due to the necessity of
conducting an investigation.
27. REVIEW
(True or False)
5. The most important factors in a harassment-
free workplace is an awareness of GRU
equal employment policies and respect for
your fellow employees and students.