The document discusses the City of Topeka's policies on discrimination and harassment in the workplace. It states that the city is committed to a discrimination and harassment-free work environment and all employees are expected to conduct themselves professionally and not engage in discriminatory or harassing behavior. It defines discrimination, workplace harassment, and sexual harassment and provides examples. It emphasizes the importance of reporting such issues and outlines the investigation and disciplinary procedures. The presentation aims to educate employees on identifying and preventing discrimination and harassment.

1. Discrimination and Harassment
in the Workplace
City of Topeka

2. Discrimination and Harassment in the Workplace
∗ The City of Topeka is committed to a
discrimination and harassment free
work environment.
∗ All employees are expected to conduct
themselves in a business-like and
professional manner and not engage in
discriminatory or harassing behavior.

3. Discrimination and Harassment in the Workplace
∗ Policy 119 No Discrimination and Harassment, outlines types of prohibited
conduct and procedures for reporting and investigating prohibited conduct.
∗ All employees are expected to read the policy. The policy can be located on
the intranet at:
∗ https://intranet.topeka.org/Policies/Pages/Policies%20and%20Procedures%20-
%20Home.aspx
∗ You should also familiarize yourself with the Anti-Bullying, Workplace
Violence Prevention, and Ethics and Professional Conduct policies.

4. Discrimination and Harassment in the Workplace
∗ This power point presentation provides
additional information about a discrimination
and harassment free workplace.
∗ If you have questions after viewing this
presentation and reading the policy, ask your
supervisor or the Human Resources office.

5. Discrimination and Harassment in the Workplace
∗ Throughout the presentation
there will be questions, scenarios
and quizzes designed to test your
knowledge.
∗ See if you can answer the
questions before the slide
changes to reveal the answer.

6. Discrimination and Harassment in the Workplace
∗ We will be covering and discussing three types of illegal,
prohibited behavior:
∗ 1. Discrimination,
∗ 2. Workplace harassment and
∗ 3. Sexual harassment
∗ Discrimination and workplace harassment are based upon an
individual’s protected class status.

7. Discrimination and Harassment in the Workplace
∗ Protected class status under federal law includes:
∗ Race, color and national origin;
∗ Sex (includes pregnancy-related conditions);
∗ Religion;
∗ Age (40 and older);
∗ Disability;
∗ A person who uses leave covered by the Federal Family and Medical
Leave Act;
∗ A person who uses Military Leave;
∗ A person who associates with a protected class;
∗ A person who opposes unlawful employment practices, files a
complaint or testifies about violations or possible violations; and
∗ Any other protected class as defined by federal law.

8. Discrimination and Harassment in the Workplace
∗ Protected class status under Kansas law includes:
∗ All federally protected classes, plus:
∗ Age (40 and older);
∗ Race;
∗ Color;
∗ National origin;
∗ Religion;
∗ Sex;
∗ Disability: physical or mental;
∗ HIV/AIDS;
∗ Genetic information;
∗ Military service or status; and
∗ Any other protected class as defined by state law.

9. Discrimination and Harassment in the Workplace
Discrimination is
∗ A supervisor or person in authority making employment decisions
related to hiring, firing, transferring, promoting, demoting,
benefits, compensation, and other terms and conditions of
employment, because of an employee’s protected class status.

10. Discrimination and Harassment in the Workplace
∗ *Examples of discrimination include:
∗ 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.”
*The examples are assuming a Bonafide Occupational
Qualification (BFOQ) or other circumstances do not exist.

11. Discrimination and Harassment in the Workplace
Workplace Harassment is
∗ Unwelcome, unwanted or offensive conduct based on or
because of an employee’s protected class status.

12. Discrimination and Harassment in the Workplace
∗ Examples of workplace harassment include:
∗ 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.

13. Discrimination and Harassment in the Workplace
Sexual Harassment is
∗ Unwelcome, unwanted, or offensive sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature
when:
∗ 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
∗ 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.

14. Discrimination and Harassment in the Workplace
∗ Examples of sexual harassment include:
∗ 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.
∗ A person in authority threatening to discredit a
subordinate employee if they won’t attend a party
with them after work.

15. Discrimination and Harassment in the Workplace
∗ Any employee believing they have been subjected to
discrimination, workplace harassment or sexual
harassment should report that behavior to their
immediate supervisor, another member of
management or the Human Resources office.
∗ A complaint may be made verbally or in writing.

16. ∗ Why is it important for employees to report discrimination, workplace
harassment and sexual harassment?
∗ Answer
∗ Discrimination ,workplace harassment and sexual harassment can cause:
∗ Employees to be hurt emotionally
∗ Productivity to go down
∗ Absenteeism to go up
∗ The work of the department 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 and Harassment in the Workplace

17. ∗ Why do employee’s hesitate to report discrimination, workplace
harassment and sexual harassment?
∗ Answer
∗ Fear of losing their job
∗ Fear of retaliation
∗ Fear of getting someone into trouble
∗ Fear of disrupting the workplace
∗ Fear of being accused of having no sense of humor
∗ Fear of being embarrassed
∗ Fear of feeling like “less of a man/woman”
∗ Fear of not being believed. Discrimination and harassment are generally
subtle and inconspicuous.
∗ Fear of being a snitch
Discrimination and Harassment in the Workplace

18. ∗ What can a supervisor do to help employees feel safe reporting discrimination,
workplace harassment and sexual harassment?
∗ Answer
∗ Set an example of respectful workplace behavior.
∗ Have clear expectations that discrimination, workplace harassment and sexual
harassment are not tolerated.
∗ Have a clear mechanism for reporting; including the ability to report to another
member of management should the supervisor be the accused.
∗ 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. It is not easy for the complainant, the
accused or anyone participating in an investigation.
Discrimination and Harassment in the Workplace

19. Discrimination and Harassment in the Workplace
∗ Once a complaint of discrimination, workplace
harassment or sexual harassment is made, it
must promptly be investigated.
∗ Complaints are taken seriously and are
confidential to the extent possible.
∗ Employees are expected to cooperate with an
investigation and keep information regarding
the investigation confidential; employees
discussing an on-going investigation may be
disciplined.

20. ∗ How should a company treat an employee accused of discrimination, workplace
harassment or sexual harassment?
Discrimination and Harassment in the Workplace

21. ∗ Answer
∗ An employee accused of discrimination, workplace harassment or
sexual harassment should be treated with professionalism and respect,
as you would any employee.
∗ Just because an employee has been accused, does not mean the
employee is guilty.
∗ The accused employee has a chance to defend him/herself and present
information and witnesses.
∗ The City will conduct a neutral investigation. Conclusions will not be
reached until the investigation is complete.

22. Discrimination and Harassment in the Workplace
∗ The complainant and the accused will be notified
individually when an investigation is concluded. The
complainant will not be told specifics of any action
taken against the accused.
∗ Employees engaging in conduct in violation of City’s
policies may be subject to disciplinary action, up to
and including dismissal.
∗ Temporary employees or contracted employees
engaging in conduct in violation of this policy may
be subject to termination of their working
relationship with the City.

23. Discrimination and Harassment in the 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.

24. Discrimination and Harassment in the 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 City will
follow its own internal procedures and take
prompt, appropriate action.

25. Discrimination and Harassment in the Workplace
∗ 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 to the Human Resources office.
∗ Complaints of retaliation will be investigated
promptly.
RetaliationRetaliation

26. 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?
Discrimination and Harassment in the Workplace

27. ∗ Answer
∗ A supervisor cannot promise to “just listen and be aware.”
∗ Once a supervisor receives a report of harassment or discrimination, a
supervisor has an obligation to take action.
∗ In 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.

28. 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?
Discrimination and Harassment in the Workplace

29. ∗ Answer
∗ Conduct an investigation discretely and quickly.
∗ Caution all parties not to discuss the investigation.
∗ Direct employees back to work who are talking about the accused or
the complainant in regards to the report.
∗ Work to keep up morale in the workplace and ensure work is being
accomplished.
∗ Be 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.

30. Scenario 3: An employee filed a report of harassment with her supervisor.
After an investigation the company 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?
Discrimination and Harassment in the Workplace

31. ∗ 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.

32. Scenario 4: 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?
Discrimination and Harassment in the Workplace

33. ∗ 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.

34. Scenario 5: 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?
Discrimination and Harassment in the Workplace

35. ∗ 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 and human resources.

36. Wrap Up – What have you learned?
(True or False)
∗ Discrimination, workplace harassment and sexual
harassment can be illegal behavior.
Discrimination and Harassment in the Workplace

37. ∗ 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.

38. ∗ Harassment is limited to exchanges between men and women.
Discrimination and Harassment in the Workplace

39. ∗ False
∗ Harassment can occur between men and women, women and
women, and men and men.

40. ∗ Only a member of management has the power to eliminate
discrimination, workplace harassment and sexual harassment in
the workplace.
Discrimination and Harassment in the Workplace

41. ∗ False
∗ The supervisor/manager has the authority to discipline an employee for
engaging in discrimination, workplace harassment or sexual
harassment.
∗ Employees at every level of the 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.

42. ∗ If I tell my manager I am being harassed my manager can guarantee
my name will be kept out of it.
Discrimination and Harassment in the Workplace

43. ∗ 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.

44. ∗ Prevention is the most effective way to eliminate discrimination,
workplace harassment and sexual harassment in the workplace.
Discrimination and Harassment in the Workplace

45. ∗ 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.

46. ∗ Respect employee differences in the workplace.
∗ Be professional in conduct and speech.
∗ Refuse to initiate, participate, or condone discrimination and
harassment.
∗ Avoid race-based or culturally offensive humor or pranks. When in
doubt, leave it outside the workplace.
∗ Familiarize yourself with the City of Topeka workplace policies and act
responsibly.
∗ Attend training on EEO principles and learn about your legal rights and
responsibilities under the anti-discrimination laws. Also visit
www.eeoc.gov for information on discrimination and harassment.
∗ Be pro-active. Report incidents of inappropriate, discriminatory,
harassing or abusive behavior to your supervisor, management, or
Human Resources office.
∗ If you experience or witness discrimination or harassment contact your
Human Resources office.
WHAT CAN YOU DO TO PREVENT
DISCRIMINATION

47. Discrimination and Harassment in the Workplace
∗ Together we must work to create and
maintain a work environment that is free
from discrimination, workplace harassment
and sexual harassment.