Week 8 Workplace Discrimination.pdf

1. WEEK 8
DISCRIMINATION AND HARASSMENT
FREE WORKPLACE
Dr. Russell Rodrigo

2. OUTLINE
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Discrimination and workplace harassment are based
upon an individual’s protected class status.

3. GROUP TASK: DO SOME RESEARCH AND ANSWER
THE FOLLOWING QUESTIONS. SHORT
PRESENTATION WILL FOLLOW.
1.What class status do you think are protected by the law (USA,
Thailand, VIETNAM, China,)?
2.What is workplace discrimination? Provide examples.
3.What is workplace harassment?
4.What is sexual harassment?
5.Why is it important for employees to report discrimination,
workplace harassment and sexual harassment?
6.Why do employee’s hesitate to report discrimination, harassment,
and sexual harassment?
7.What can a supervisor do to help employees feel safe reporting
discrimination, workplace harassment and sexual harassment?

4. What class status do you think are
protected by the law?

5. PROTECTED CLASS STATUS UNDER
FEDERAL LAW INCLUDES:
race, color and national origin
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RELIGION
age (40 and older)
Physical and mental disability
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injured worker
marital status and family relationships
sexual orientation
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6. What is discrimination?
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7. SAMPLE SCENARIO
A supervisor refusing to
hire a well qualified
candidate because she
is pregnant.
Upon “discovering” an employee’s
age, a supervisor transfers a well
qualified 45 year old employee
from the “teen unit” to the “senior
citizen unit.”

8. What is workplace
harassment?
Workplace
Harassment
is…

9. SAMPLE SCENARIOS
An employee repeatedly addresses coworkers with
derogatory comments or stereotypes related to
their race or religion. The employee calls a
coworker wearing a turban, “Towel Head,” calls a
Hispanic coworker, “Beaner,” and calls a Jewish
coworker “Cheap Skate.”
An employee tries to get a coworker to
resign by spreading untrue, malicious
gossip about the coworker, because of
the coworker’s disability.

10. What is sexual harassment?
Sexual Harassment is
Unwelcome, unwanted, or offensive
sexual advances, requests for sexual
favors, and other verbal or physical
conduct of a sexual nature when:
2. The conduct is unwelcome, unwanted,
or offensive and has the purpose or effect
of unreasonably interfering with an
individual’s work performance, or creating
an intimidating, hostile or offensive
working environment.
1. Submission to the conduct is made either
explicitly or implicitly a term or condition of
the individual’s employment; or is used as a
basis for any employment decision (granting
leave requests, promotion, favorable
performance appraisal, etc.); or

11. SAMPLE SCENARIOS
A person in authority
threatening to discredit a
subordinate employee if
they won’t attend a party
with them after work.
A supervisor telling a subordinate
employee that if he/she accompanies
the supervisor for a weekend get-away,
the supervisor might be able to
arrange for some paid time off for the
employee, or look into a promotion for
the employee.

12. A complaint may be made VERBALLY or in
WRITING.
If you experience any of these what
should you do?
REPORT that behavior to their immediate
supervisor, another member of
management or the agency Human
Resource section.

13. Why is it important for employees to report
discrimination, workplace harassment and
sexual harassment?
Employees to be hurt emotionally
Productivity to go down
Absenteeism to go up
The work of the agency to be jeopardized
Employees to be fearful of others
Workplace morale to be reduced
When management knows about the problem it can be corrected.
Discrimination, workplace harassment and sexual harassment must be
stopped!
Discrimination ,workplace harassment and sexual
harassment can cause:

14. Why Do Employee’s Hesitate To Report
Discrimination, Harassment, and Sexual
Harassment?
losing their job
retaliation
getting someone into trouble
disrupting the workplace
being accused of having no sense of humor
being embarrassed
feeling like “less of a man/woman”
not being believed. Discrimination and harassment are generally subtle and
inconspicuous.
FEARS OF ….

15. Set an example of respectful
workplace behavior.
Clear expectations that these acts are not
tolerated.
Have a clear mechanism for
reporting
Take immediate steps to stop
inappropriate behavior or conduct
as it occurs or is reported.
Guard against retaliation.
Handle investigations as discretely
and confidentially as possible.
Be sensitive to the feelings of all
involved.
What can a
supervisor do
to help
employees feel
safe reporting
discrimination,
workplace
harassment
and sexual
harassment?

16. What could happen to the
abusers?
ØResponsible agencies must promptly
investigate the complaint.
ØComplaints are taken seriously and are
confidential to the extent possible.
ØEmployees are expected to cooperate with
an investigation and keep information
regarding the investigation confidential.

17. SCENARIO 1
An employee reports harassment to his/her
supervisor and says, “I don’t want you to do
anything about this. I just want you to listen
and be aware of what is going on.”
How should the supervisor respond?
Answer:
ØA supervisor cannot promise to “just listen and be aware.”
ØOnce a supervisor receives a report of harassment or discrimination,
a supervisor has an obligation to take action.
ØIn fact, a supervisor has the responsibility to ensure the integrity of
the workplace. A supervisor must exercise reasonable care to
prevent and promptly correct any discrimination, workplace
harassment or sexual harassment they know about or should know
about.

18. SCENARIO 2
A supervisor receives a report of sexual harassment.
The supervisor has seen such reports divide a workforce.
What advice would you give the supervisor to help
minimize disruption to the workplace?
Answer
ØConduct an investigation discretely and quickly.
ØCaution all parties not to discuss the investigation.
ØDirect employees back to work who are talking about the accused or the
complainant in regards to the report.
ØWork to keep up morale in the office and ensure work is being
accomplished.
ØBe proactive. Having established expectations in place that do not allow
gossiping and other non-productive or destructive activities is a
preventative measure a supervisor should take.

19. SCENARIO3
How should an agency treat an
employee accused of
discrimination, workplace
harassment or sexual harassment?
Answer
ØAn employee accused of discrimination, workplace harassment or
sexual harassment should be treated with professionalism and
respect, as you would any employee.
ØJust because an employee has been accused, does not mean the
employee is guilty.
ØThe accused employee has a chance to defend him/herself and
present information and witnesses.
ØAn agency must conduct a neutral investigation. Conclusions should
not be reached until the investigation is complete.

20. SCENARIO 4
An employee filed a report of harassment
with her supervisor. After an investigation
the agency did not agree that harassment
occurred. Because harassment was not found,
the employee worries that she will be
disciplined. Are the employee’s worries
founded?
Answer
No. An employee will not be disciplined for making a report of what the
employee believes is harassment.
Harassment is a term often used for lack of a better way to describe
what an employee feels he/she is experiencing.
Sometimes an investigation will conclude that a particular behavior was
not harassment or discrimination but was inappropriate workplace
behavior.

21. When harassments and
discriminations are reported …
Ø The complainant and the accused will be notified individually
when an investigation is concluded. They will be told if any part of
the complaint is substantiated. The complainant will not be told
specifics of any action taken against the accused.
Ø Employees engaging in conduct in violation of this policy may be
subject to disciplinary action, up to and including dismissal.
Ø State temporary employees or volunteers engaging in conduct in
violation of this policy may be subject to termination of their
working or volunteer relationship with the agency.

22. DISCRIMINATION AND HARASSMENT
FREE WORKPLACE
An employee who harasses another employee because of their
protected class status, or sexually harasses another employee,
while away from the workplace and outside of working hours,
may be subject to the provisions of this policy if that conduct
has a negative impact on the environment at work and/or
working relationships and/or the employer’s business.
Even consensual relationships can impact the work
environment when one party decides they no longer wish to
participate.
Supervisor/subordinate relationships can also impact the work
environment because of actual or perceived preferential
treatment.

23. DISCRIMINATION AND
HARASSMENT FREE WORKPLACE
If a complaint involves the conduct of a
contracted employee or a contractor,
management will address the problem behavior
with the contractor and require prompt,
appropriate action.
If a complaint involves the conduct of a client,
customer, or visitor, the agency should follow
its own internal procedures and take prompt,
appropriate action.

24. SCENARIO 5
A technician is contracted to maintain the office copy
machine. Each time the technician makes a service call
the technician tells a dirty joke. Some employees can’t
wait for the machine to break down, just so they can
hear the latest joke.
Even though no employees have complained, what is
the supervisor’s responsibility?
Answer
• The supervisor has an obligation to maintain the integrity of the office
environment.
• The supervisor should direct the employees back to work.
• Even though the technician is not an employee, the supervisor should tell
the technician to stop telling dirty jokes.
• The supervisor should contact the company holding the contract and
report the behavior and request prompt corrective action.

25. RETALIATION
Retaliating against employees who file
complaints, participate in investigations, or
report observing discrimination, workplace
harassment or sexual harassment is prohibited.
If an employee believes they have been
retaliated against, the employee should report
the retaliatory behavior to their supervisor,
another manager, or the agency Human
Resource section, Executive Director or chair.
Complaints of retaliation will be investigated
promptly.
Retaliation

26. SCENARIO 6
An investigation resulted in an employee being disciplined for
sexual harassment. The disciplined employee was mad and
encouraged others to shun those who participated in the
investigation. You have been asked to refuse to speak to your
coworkers who reported the employee’s behavior to the
supervisor.
What can you do?
Answer
Just as discrimination and harassment are prohibited, so is retaliation.
Refuse to participate in retaliation against your coworkers. The morale of
the staff has already been harmed. You do not want to contribute to
further problems.
Report this behavior to management.

27. QUIZ (TRUE OR FALSE)
Discrimination, workplace harassment
and sexual harassment can be illegal
behavior.
True
Employment actions taken against employees that are
based on or because of an employee’s protected class
status are illegal, violating federal and state law.
Unwelcome, unwanted or offensive sexual advances or
requests for sexual favors which require submission in
exchange for employment action or inaction are illegal,
violating federal and state law.

28. QUIZ
Harassment is limited to exchanges between
men and women.
False
Harassment can occur between men and
women, women and women, and men
and men.

29. QUIZ
Only a member of management has the power to
eliminate discrimination, workplace harassment and
sexual harassment in the workplace.
False
Only a supervisor/manager has the authority to discipline an employee for
engaging in discrimination, workplace harassment or sexual harassment.
Employees at every level of the agency have the power to prevent and
eliminate discrimination, workplace harassment and sexual harassment by:
• Being a role model for appropriate workplace behavior;
• Not engaging in it; and
• Being comfortable enough to tell each other respectfully when they have been
offended.

30. QUIZ
If I tell my manager I am being harassed my manager
can guarantee my name will be kept out of it.
False.
A manager receiving a report of harassment has an obligation to keep the
information as confidential as possible.
Human Resources and specific members of management may need to have
some or all of the information from your report.
In order for the accused to answer questions and defend him/herself, he/she
will need specifics.
Witnesses will be given limited information.

31. QUIZ
Prevention is the most effective way to eliminate
discrimination, workplace harassment and sexual
harassment in the workplace.
True
Taking a proactive stance to create and maintain a respectful work
environment is the most effective way to prevent discrimination,
workplace harassment and sexual harassment.
This can be accomplished by:
• Educating the workforce about discrimination, workplace harassment and sexual
harassment;
• Having clear guidelines for reporting discrimination, workplace harassment and
sexual harassment; and
• Making it clear that that discrimination, workplace harassment and sexual
harassment are prohibited and retaliating against someone for reporting is
prohibited.

32. Together we must work to create and
maintain a work environment that is free
from discrimination, workplace
harassment and sexual harassment.
THANK YOU FOR LISTENING.