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PREVENTING HARASSMENT IN THE WORKPLACE. An Employer Workshop Host Agency: Workforce Solutions Javier Chacon EEO Consultants & Mediators www.eeocconsultant.com
Today….. ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
What is the Cost of Harassment? ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Chronology of Harassment Law Precedents ,[object Object],[object Object],[object Object],[object Object],[object Object]
Chronology of Harassment Law Precedents ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
RETALIATION OF ANY KIND IS PROHIBITED TO AN EMPLOYEE/APPLICANT: ,[object Object],[object Object],[object Object],[object Object],[object Object]
Retaliation includes: Tangible Actions ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],LAKE RIDGE ACADEMY TO PAY NEARLY $1 MILLION FOR RETALIATORY DISCHARGE, JURY RULE IN EEOC SUIT  The jury reached its unanimous verdict in the EEOC lawsuit after hearing testimony which proved  that James Whiteman was fired in retaliation for opposing sex-based wage discrimination. The jury awarded back pay of $50,000, front pay of $50,000, and compensatory damages of $500,000. While the  jury was deliberating the matter of punitive damages, the parties agreed to settle the case for a total of $950,000. The  EEOC's suit  was filed in U.S. District Court Northern District of Ohio, Eastern Division, in  Cleveland.
RETALIATION ,[object Object]
SEXUAL HARASSMENT ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
PROHIBITED CONDUCT- SEXUAL NATURE WITH CLIENTS& COLLEAGUES ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
UNWELCOME ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
If you are feeling uncomfortable… ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Employer Liability Subject to Unlawful Conduct by:  ,[object Object],[object Object],[object Object],[object Object]
CO-WORKER/ CLIENT HARASSMENT Liability Standard ,[object Object],[object Object],[object Object],[object Object]
SUPERVISOR HARASSMENT Liability Standard ,[object Object],[object Object],[object Object],[object Object]
FIRST ELEMENT-PROACTIVE PREVENTION ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
FIRST COMPONENT-AFFIRMATIVE DEFENSE ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
SEVERE OR PERVASIVE Conduct (Applies to Sexual, Race, other) ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
SECOND PHASE-AFFIRMATIVE DEFENSE ,[object Object],[object Object],[object Object]
PROMPTLY CORRECT AND PREVENT ,[object Object],[object Object],[object Object]
POST INVESTIGATION  (supportive of violation) ,[object Object],[object Object],[object Object],[object Object]
CONDUCT WHICH IS UNREASONABLE OFFENSIVE:
………… .. Industries, LLC, allowed PLASTIC MOLDING COMPANIES SUED BY EEOC FOR SEXUAL HARASSMENT  ………… ..  Industries, LLC, allowed Dean Miller,  a male supervisor, and other male co-workers, to harass press operator Cathy Johnson and other women at  the  Sherman plant. The EEOC says the female workers were forced to endure myriad sexually  explicit comments and propositions, and many of the victims were grabbed and touched by Miller. Several women quit because of the harassment, and one woman quit her job after Miller phoned her at work threatening to sexually assault her in the employees' parking lot. Although several complaints were made by victims to management, the company failed to properly investigate complaints and stop the misconduct, the EEOC contends.  … FRED MEYER STORES TO PAY $485,000 FOR SEXUAL HARASSMENT AND RETALIATION  … the company's practice of harassing female employees occurred during 2004 through 2005 at the Fred Meyer Oregon City store. The EEOC says the sexually hostile work environment started at the top, with illegal conduct by the store director and operations manager. The EEOC further asserted in the litigation that the store director and operations manager repeatedly subjected females to graphic sexual discussions, unwanted touching, and requests for sexual favors.
Indicators for Hostile Environment Claim: ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Manager Responsibilities ,[object Object],[object Object],[object Object],[object Object],[object Object]
INFORM THE COMPLAINANT AND THE ACCUSED ,[object Object],[object Object],[object Object]
HARASSMENT APPLIES TO:   Race Ethnicity Color AGE
CONDUCT WHICH IS UNREASONABLY OFFENSIVE: REASONABLE PERSON STANDARD
LOCKHEED MARTIN TO PAY $2.5 MILLION TO SETTLE RACIAL HARASSMENT HONOLULU __ The U.S. Equal Employment Opportunity Commission (EEOC) announced a major settlement of a race discrimination and retaliation lawsuit against Lockheed Martin, the world's largest military contractor, for $2,500,000 and other relief on behalf of an African American electrician who was subjected to a racially hostile work environment at several job sites nationwide - including threats of lynching and the "N-word."   EEOC SUES KMART FOR AGE HARASSMENT  ,  RETALIATION   EEOC charged in its suit that the pharmacy manager of a Kmart in Honolulu subjected the ,woman to age-based Insults, such as telling her she was "too old to work," that she "should retire, should retire from pharmacy work now," and other discriminatory conduct. Although Kmart received notice of the harassment, the company failed to take appropriate action to investigate and correct the hostile workplace, as the law requires. Instead, the EEOC said, Kmart subjected the woman to a hostile work environment by berating her for lack of competence, discriminatory comments In performance evaluations, telling her again to retire, and wrongfully accusing her of regulatory Violations. Finally, the pharmacist was forced to resign to escape the discriminatory conduct.
SWISSOTEL PAYS DEVELOPMENTALLY DISABLED EMPLOYEE $90,000 TO SETTLE  EEOC HARASSMENT SUIT The EEOC charged in its suit that Swissotel violated the ADA by permitting two  supervisors at its downtown Chicago hotel to harass the  employee because of his developmental disability. Specifically,  the EEOC said, the employee was repeatedly called "retarded"  by his supervisors. Further, the EEOC charged, Swissotel then terminated the employee because of his disability.   EEOC SUES KMART FOR AGE HARASSMENT  ,  RETALIATION   EEOC charged in its suit that the pharmacy manager of a Kmart in Honolulu subjected the ,woman to age-based Insults, such as telling her she was "too old to work," that she "should retire, should retire from pharmacy work now," and other discriminatory conduct. Although Kmart received notice of the harassment, the company failed to take appropriate action to investigate and correct the hostile workplace, as the law requires. Instead, the EEOC said, Kmart subjected the woman to a hostile work environment by berating her for lack of competence, discriminatory comments In performance evaluations, telling her again to retire, and wrongfully accusing her of regulatory Violations. Finally, the pharmacist was forced to resign to escape the discriminatory conduct .
POST INVESTIGATION ALL CASES ,[object Object],[object Object],[object Object]
If Inappropriate Conduct Is Not Egregious Enough To Meet Legal Standard… (resource) ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
WHO IS PROTECTED? ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
CONSULT WITH HR. ,[object Object],[object Object],[object Object],[object Object]
Guidelines for Managers Let’s Practice Communicating the Policy! ,[object Object],[object Object],[object Object],[object Object]
Case Studies….. ,[object Object],[object Object],[object Object],[object Object]
THANK YOU! ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

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Preventing Harassment in the Workplace

  • 1. PREVENTING HARASSMENT IN THE WORKPLACE. An Employer Workshop Host Agency: Workforce Solutions Javier Chacon EEO Consultants & Mediators www.eeocconsultant.com
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  • 23. CONDUCT WHICH IS UNREASONABLE OFFENSIVE:
  • 24. ………… .. Industries, LLC, allowed PLASTIC MOLDING COMPANIES SUED BY EEOC FOR SEXUAL HARASSMENT ………… .. Industries, LLC, allowed Dean Miller, a male supervisor, and other male co-workers, to harass press operator Cathy Johnson and other women at the Sherman plant. The EEOC says the female workers were forced to endure myriad sexually explicit comments and propositions, and many of the victims were grabbed and touched by Miller. Several women quit because of the harassment, and one woman quit her job after Miller phoned her at work threatening to sexually assault her in the employees' parking lot. Although several complaints were made by victims to management, the company failed to properly investigate complaints and stop the misconduct, the EEOC contends. … FRED MEYER STORES TO PAY $485,000 FOR SEXUAL HARASSMENT AND RETALIATION … the company's practice of harassing female employees occurred during 2004 through 2005 at the Fred Meyer Oregon City store. The EEOC says the sexually hostile work environment started at the top, with illegal conduct by the store director and operations manager. The EEOC further asserted in the litigation that the store director and operations manager repeatedly subjected females to graphic sexual discussions, unwanted touching, and requests for sexual favors.
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  • 28. HARASSMENT APPLIES TO: Race Ethnicity Color AGE
  • 29. CONDUCT WHICH IS UNREASONABLY OFFENSIVE: REASONABLE PERSON STANDARD
  • 30. LOCKHEED MARTIN TO PAY $2.5 MILLION TO SETTLE RACIAL HARASSMENT HONOLULU __ The U.S. Equal Employment Opportunity Commission (EEOC) announced a major settlement of a race discrimination and retaliation lawsuit against Lockheed Martin, the world's largest military contractor, for $2,500,000 and other relief on behalf of an African American electrician who was subjected to a racially hostile work environment at several job sites nationwide - including threats of lynching and the "N-word." EEOC SUES KMART FOR AGE HARASSMENT , RETALIATION EEOC charged in its suit that the pharmacy manager of a Kmart in Honolulu subjected the ,woman to age-based Insults, such as telling her she was "too old to work," that she "should retire, should retire from pharmacy work now," and other discriminatory conduct. Although Kmart received notice of the harassment, the company failed to take appropriate action to investigate and correct the hostile workplace, as the law requires. Instead, the EEOC said, Kmart subjected the woman to a hostile work environment by berating her for lack of competence, discriminatory comments In performance evaluations, telling her again to retire, and wrongfully accusing her of regulatory Violations. Finally, the pharmacist was forced to resign to escape the discriminatory conduct.
  • 31. SWISSOTEL PAYS DEVELOPMENTALLY DISABLED EMPLOYEE $90,000 TO SETTLE EEOC HARASSMENT SUIT The EEOC charged in its suit that Swissotel violated the ADA by permitting two supervisors at its downtown Chicago hotel to harass the employee because of his developmental disability. Specifically, the EEOC said, the employee was repeatedly called "retarded" by his supervisors. Further, the EEOC charged, Swissotel then terminated the employee because of his disability. EEOC SUES KMART FOR AGE HARASSMENT , RETALIATION EEOC charged in its suit that the pharmacy manager of a Kmart in Honolulu subjected the ,woman to age-based Insults, such as telling her she was "too old to work," that she "should retire, should retire from pharmacy work now," and other discriminatory conduct. Although Kmart received notice of the harassment, the company failed to take appropriate action to investigate and correct the hostile workplace, as the law requires. Instead, the EEOC said, Kmart subjected the woman to a hostile work environment by berating her for lack of competence, discriminatory comments In performance evaluations, telling her again to retire, and wrongfully accusing her of regulatory Violations. Finally, the pharmacist was forced to resign to escape the discriminatory conduct .
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Editor's Notes

  1. If you are feeling uncomfortable and want to handle the situation on your own, you can…but you don’t have to..but you do need to tell a manager or HR so they can help you. They are trained to handle the situation You can put up your hand…the Navy came up with a green, yellow, red light system… I’m requesting politely that you stop that…please do not tell stories like that around me…Please don’t touch me… Reporting this is the right thing to do…if someone is making others feel uncomfortable, he/she needs to know Once you go to a manager, they are required by law to report to HR…HR is required to take action