Ensuring a Harassment-Free environment

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Developed by Steve Lovig; approved for management training by U.S. Department of Education, and various proprietary education Accrediting bodies.

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  • Introduce SL! Many won’t know me. 15 years HR experience, master's degree, Professional in Human Resources certification, adjunct professor at Kennesaw State University (just north of ATL) for more than 10 years. Not to brag but to let you know I have in-depth experience with this topic, and while I expect to have some fun today, we’ll be covering VERY serious material that is VITAL to all of us, as employees, managers, leaders, and colleagues.
  • (you may be thinking – I don’t have TIME for this today!) "You will never FIND time for anything. If you want time, you must MAKE it."~ Charles Bixton (I understand today may not be the best “time” in your schedule for this, but it IS vital!
  • Have someone READ SLIDE This includes STUDENTS, PROSPECTIVE STUDENTS, PARENTS, EMPLOYEES, CANDIDATES FOR JOBS, VENDORS, ETC.
  • The main objective today is ensure your awareness of this issue, and how that awareness will help prevent it. By the end of the session, you should be able to: Recognize sexual harassment; Differentiate between the two main kinds of harassment; understand and follow company policy regarding harassment; Report incidents and cooperate in investigations; and Help promote and maintain a comfortable, productive work culture
  • We’ll talk about: Why it’s VITAL for you to know about sexual harassment; We'll talk about the laws that prohibit sexual harassment in the workplace; What constitutes sexual harassment; Who is affected by sexual harassment; What to do about it; and mostly importantly, how to prevent sexual harassment.
  • HAND OUT POLICY ASK: why do you think talking about sexual harassment in the workplace is important; why is harassment wrong? First of all, we want COMPANY to work in an environment free of harassment. If you understand what it is and why it is harmful, this will help prevent it. In addition, you need to know about this subject because we all have the right to fair treatment at work; Harassment harms everyone, not just the victim; It undermines trust and respect necessary for a productive work environment; and Harassment is not just a woman’s issue—men and women on every level may be either harassers or victims. If anyone wishes to share experiences involving harassment, allow them to do so—but caution them not to name names or otherwise identify the individuals involved.
  • ASK A PARTICIPANT TO READ SLIDE
  • ASK A PARTICIPANT TO READ SLIDE
  • OK, let’s see if you can recognize different forms of sexual harassment. A female employee (OR STUDENT) wears miniskirts to school. Is this inviting sexual harassment? No. Employees must abide by our dress code, but if the code permits miniskirts, then employees have the right to wear them without being harassed. OK HERE?? A female supervisor makes frequent comments about a male employee’s (OR STUDENT’S) physique. Harassment? Yes. Male employees can be victims of sexual harassment and have the same protection under the law as female employees A male supervisor makes frequent comments about a male STUDENT'S (or employee’s) physique. Harassment? Yes. Sexual harassment can happen between 2 people of the same gender. Key point is not the sexual orientation of those involved but that the harassment is sexual in nature.
  • ASK PARTICIPANT TO READ SLIDE
  • Sexual Harassment DOES NOT happen because your manager tells you that you MUST meet the performance and behavioral expectations of your job. That’s NOT what this is about. Students must meet the expectations of the classroom; holding them accountable is not harassment. This is about Respect, and generally playing well with others!
  • Is this an example of harassment? (?) 2 employees forward each other off-color email jokes. Harassment? No. the exchange is not unwelcome . If one employee suddenly complains of sexual harassment, the claim probably won’t stand because the employee had been participating in the behavior and had not indicated it was offensive. If one does decide the exchange is no longer welcome, then he or she needs to communicate this to the other employee–and the other employee needs to stop sending jokes. Are these OK at AAI? NO! (?) An employee asks a co-worker out on a date. harassment? No, a simple request for a date is not sexual harassment. However, if the answer is NO, the employee should be careful about asking repeatedly. That can be a form of harassment. 2 co-workers develop a personal relationship; Harassment? No. People can form relationships with co-workers. As long as both consent to the relationship, it is not harassment. Remember that only unwelcome sexual conduct is unlawful. Employee – student relationship? It’s not acceptable!
  • LEGAL STUFF: -Title VII (7) of the Civil Rights Act prohibits employers from discriminating on the basis of race, color, national origin, religion, or sex; -The courts have interpreted sexual harassment as a form of sex discrimination, prohibited under Title 7; -AZ & other state laws also address civil rights and fair employment practices, and prohibit sexual harassment in the workplace; and -The EEOC, US Equal Employment Opportunity Commission, has issued a comprehensive definition of sexual harassment, which we will discuss later…
  • The EEOC defines sexual harassment as sexual conduct that is unwelcome, harmful, or illegal. - Unwelcome conduct can include sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature, or displays of sexually explicit or suggestive materials. - Harmful conduct can harm either the physical or emotional health of the victim, or of witnesses to the conduct. This can also negatively affect the atmosphere, the culture of the workplace in general. Remember - all forms of sexual harassment are illegal, and will not be tolerated.
  • More scenarios; Harassment? (?) An employee posts a swimsuit calendar in his work area. Is this sexual harassment? Yes . Under the EEOC definition, posting a swimsuit calendar is considered a “visual display of explicit or suggestive materials.” (?) A female employee posts a male pin-up calendar in her work area–Harassment? Yes, for the same reason as the previous example. It doesn’t matter if the visual display is of a woman or a man. (?) What if a good customer makes provocative comments to employees? Harassment? Yes. Customers or clients can be guilty of sexual harassment, just as employees can.
  • ASK PARTICIPANT TO READ. The Company expects all personnel to treat others with respect, and that each person exhibit, in his or her conduct and communications, sound judgment and respect for the feelings and sensibilities of every other employee in the Company.
  • 2 main forms of harassment…“Economic harassment” is also known as “tangible employment harassment.” It involves quid pro quo, or “this for that”–the victim is the target of a tangible economic action because he or she refuses a sexual request. Examples include: Being fired, or being passed over for a promotion or a raise, or being given less desirable shifts by a person in authority for refusing his or her sexual advances. Or, a person might be promised a raise or other job benefit in return for sexual favors. Economic harassment focuses on the harm done to the victim rather than on the specific conduct of the harasser. AAI is automatically liable in cases of economic harassment if a supervisor takes tangible economic action against an employee. However, AAI is automatically liable only if the threat of a negative action, or the promise of a positive benefit, actually results in an employment action such as termination, promotion, demotion, or reassignment to a considerably different position.
  • “ Hostile work environment” is the other main form of harassment. Conduct that is either severe or pervasive, or both, constitutes a hostile work environment. … includes items displayed in the workplace that unreasonably interfere with job performance or that create an intimidating, hostile, or offensive work environment. ASK: What’s wrong with putting up “girlie” pictures, passing around suggestive cartoons, or telling dirty jokes? Other issues: sexually offensive photos, drawings, calendars, graffiti; sexually offensive language, jokes, gestures, or comments.
  • … .Let’s REVIEW: COMPANY is automatically liable for a supervisor’s actions that create a hostile work environment or that result in a tangible employment action to an employee. If there is no tangible employment action against an employee by a supervisor, the company might not be held liable. However, we would certainly be very concerned and would want to promptly deal with any inappropriate or unprofessional behavior on the part of a supervisor. A COMPANY employee must report any situation that has made them feel uncomfortable, even if no tangible action has been taken against them
  • The company may be liable for harassment created by co-workers if we knew or should have known about the harassment but did nothing immediately to address it. For example, if you complain to a supervisor about the posting of a pin-up calendar, you have in effect put us on notice that there is harassment, and we must immediately address and correct the situation. We could be held liable for the sexual harassment of our employees by customers and clients if, again, we knew or should have known about the problem and did nothing to stop it. Issues like these underline why it is important for you to report instances of harassment, and why it is critical for us to act upon ALL complaints promptly and effectively.
  • Anyone in the organization, at any level, may commit acts of harassment. Unlawful harassment can travel up, down, and sideways within the organization. Vendors & customers can also be guilty of committing sexual harassment against employees. Harassers & victims can be members of the same sex; male-on-male or female-on-female acts. It’s not the sexual orientation, but rather the ACT of harassment is sexual in nature. Ordinary socializing in the workplace that may include horseplay or flirtation between members of the same sex will generally NOT be considered harassment; instead, the harassment must be of a severely hostile or abusive nature. Sexual harassment laws and policies also affect those who experience the harassment. These include: Direct targets of sexual harassment—for example, someone who is constantly subjected to a co-worker’s sexual advances is a direct target of sexual harassment and, therefore, a victim of an unlawful act. Bystanders and witnesses may also be considered harassment victims, depending on specifics of the case. So, if you witness acts of harassment against a co-worker, you may also be affected by harassment and may be protected under the law.
  • Pass out quiz – “UNDERSTANDING AND PREVENTING SEXUAL HARASSMENT” Tell ‘em: Answer each Question, correctly, by circling either True” or “False” or “It Depends” REVIEW - DISCUSS
  • AWWHHHHHH……
  • And one more… The Late Regi…
  • Now let’s talk about prevention — what we all can do. Both the SCHOOL and you, as an employee, have responsibilities. As a school, we work to create, communicate, and enforce a policy on sexual harassment that accomplishes the following goals: provides a clear statement of COMPANY’s position against sexual harassment, so that everyone (students included) understands what is and what is not acceptable behavior. Promotes compliance, as well as prevention, by defining the responsibilities of managers and employees in preventing sexual harassment and in responding quickly and thoroughly to any complaints.
  • Know and comply with COMPANY’s harassment policy. Ask your supervisor or HR if you have questions. It’s very important to address incidents of harassment swiftly. Report any incident you reasonably believe is offensive, whether you are the direct target or not. If you are comfortable doing so, respond directly to anyone committing harassment, making it clear the behavior bothers you. If it’s uncomfortable for you to address them directly (for example, if the harasser is your supervisor), then report the incident to the person’s supervisor or to HR. Jot down time, place, and details of the incident, including anyone who might have observed it. In addition, you can help prevent sexual harassment by supporting victims of harassment. Encourage them to report incidents. Finally, (and this is a requirement of your job), cooperate with investigations. Provide any information you might have about an incident, and do your part to help make the investigation run smoothly and quickly toward a resolution.
  • 1) Report any transgressions from COMPANY’s anti-harassment policy. 2) Carry yourself as a Leader at all times. 3) Treat employees with dignity and respect at all times. ASK: TO WHOM DO YOU “REPORT” A TRANSGRESSION? Actual (or possible ) complaints must be reported – to management or HR Be sure you “Walk the Walk” Don’t cross that line between manager and ‘friend.’
  • Any additional questions thus far about sexual harassment? Do you think you can recognize examples of sexual harassment? PASS OUT “ What Supervisors Need to Know…” discuss answers
  • And now, what you’ve been waiting for me to say… .”In conclusion”… key points from this training on sexual harassment: - Sexual harassment is prohibited, both by law and by company policy; - Sexual harassment involves more than just physical conduct; it can also be verbal or visual; - Sexual harassment harms us all, because it takes away from having a respectful, dignified, and comfortable work environment; and - Finally, you have the power to help prevent sexual harassment. Know the company’s policy, and do your part to confront sexual harassment, report incidents, and support victims.
  • Thank you for your attention, and for helping make this a useful time spent together!
  • Ensuring a Harassment-Free environment

    1. 1. DON’T HARASS DON’T HARASS MEME AND WHAT TO DO IF YOU SEE IT! Steve LovigSteve Lovig VP Human Resources & Benefits PHR & Six Sigma Certifications; MS Degree in HR Management Profile: www.LinkedIn.com/in/SteveLovigCell: 404-791-7454
    2. 2. TIME….
    3. 3. THE POLICY(D R Y)(D R Y)  It is the policy of (company…) to maintain a work environment in which all individuals are treated with Respect and Dignity.
    4. 4. OBJECTIVES You will be able to: Recognize…. Differentiate… Policy Report & Cooperate Comfortable environment
    5. 5. Why it’s important… Laws… What… Who… What to do… How to prevent… WE’LL DISCUSS…
    6. 6. WHY YOU NEED TO KNOW Right to fair treatment… Harms Everyone… Undermines Trust & Respect… Any Level of employee…
    7. 7. SEXUAL HARASSMENT INCLUDES: ...unwelcome or unwanted gender based conduct: (1) when an employee’s (OR STUDENT’S) submission to or rejection of this conduct affects decisions regarding hiring, evaluation, promotion or any other aspect of employment…
    8. 8. SEXUAL HARASSMENT INCLUDES:  …or (2) when such conduct substantially interferes with an individual's employment (OR EDUCATION) or creates an intimidating, hostile or offensive Environment.
    9. 9. IS THISTHIS SEXUAL HARASSMENT?  …miniskirt …female comments on male …male comments on male
    10. 10. WHAT IT MEANS: Harassment = verbal/ physical conduct that denigrates, shows hostility towards individual because of race, color, religion, sex, marital status, citizenship, national origin, sexual orientation, age, handicap or disability….
    11. 11. Harassment DOES NOT (generally) occur when The Boss demands you do your job. WHAT IT MEANS: (MORE)
    12. 12.  Co-workers forward jokes  Employee asks co- worker out  Co-workers develop relationship IS THIS SEXUAL HARASSMENT?
    13. 13. HARASSMENT AND THE LAW  Title VII  The Courts  State law  Equal Employment Opportunity Commission (EEOC)
    14. 14. EEOC definition of Sexual Harassment: Unwelcome Harmful Illegal Conduct HARASSMENT AND THE LAW (CONT’D)
    15. 15.  …swimsuit calendar  …malemale pinup  …customer says provocative thing IS THIS SEXUAL HARASSMENT?
    16. 16. Company expects allall of us to treat others (including students!) with Respect… each person’s conduct must show judgment and respect for feelings of every other employee in the Company. NOTE HERE:
    17. 17. HARASSMENT Tangible employment action…  Liability…  Action must actually occur…
    18. 18. HOSTILE WORK ENVIRONMENT  Severe; pervasive  Intimidating & hostile
    19. 19. YOUR LIABILITY  Automatic liability!  If no “tangible” employment action, then, maybe….
    20. 20.  Liability for co-workers  Liability for customers, clients, etc. … “OOOPS! YOUR LIABILITY (CONT’D)
    21. 21. WHO’S AFFECTED?  Employees; Students…  Customers, Vendors…  Same sex….
    22. 22. Answer each Question correctly! Circle “True” or “False” or “It Depends” QUIZ TIMEQUIZ TIME PREVENTING SEXUAL HARASSMENT
    23. 23. ARE YOU LOOKING?ARE YOU LOOKING?
    24. 24. AND ONE MORE…
    25. 25. PREVENTION: WHAT WEWE CAN DO TO HELP Communicate & Enforce…. Clear statement of AAI’s position… Promote compliance & prevention…  Protect rights… see the PHONE!
    26. 26. PREVENTION: WHAT YOUYOU CAN DO  Know & Comply  Address…  Support…  Cooperate…
    27. 27. HARASSMENT PREVENTION  Actual (or possible) complaints mustmust be reported…  “Walk the Walk” WHAT YOUYOU CAN DO Let’s all Play Well with Others! Let’s all Play Well with Others! SMACK! SMACK!
    28. 28. …REAL-LIFE, DISCUSSED What Questions do you have? Let’s review what ‘Supervisors Need to Know….’
    29. 29. KEY POINTS  Sexual harassment prohibited!  …more than physical conduct Harassment harms us all! You have powerpower!
    30. 30. DON’T HARASS DON’T HARASS MEME AND WHAT TO DO IF YOU SEE IT! Steve LovigSteve Lovig VP Human Resources & Benefits PHR & Six Sigma Certifications; MS Degree in HR Management Developed, Edited, and Presented: Profile: www.LinkedIn.com/in/SteveLovigCell: 404-791-7454

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