An optimum workplace environment is critical for the health of any organization. So what specific ingredient creates that optimum environment for you and your associates? Log in to this webinar to find out about the one primary ingredient that will help foster a sense of community, boost employee morale and increase productivity, while at the same time help to protect the business from conflict, workplace violence and employment lawsuits. In order to achieve this type of workplace, managers, executives and the human resources team must all be on board, creating and enforcing policies that encourage employees to be courteous and discourage conflict.

1. Create a Harmonious Workplace
and Avoid Litigation (with this Key Ingredient)
Sue Vanderoef, Founder, Cornerstone HR Solutions

2. Sue Vanderoef
Sue Vanderoef, founder of Cornerstone
HR Solutions, has more than 22 years
of experience in leadership positions
with corporations ranging from
Prudential and Fireman’s Fund to
MetLife. She focuses on helping
business owners correct problems that
impede productivity, improve employee
retention and bolster productivity. Her
knowledge of developing effective
human resources policies and programs
is transferable to businesses of almost
every size.

3. His Needs/Her Needs
From his book, “His Needs, Her Needs”, William Harley interviewed 1000 men
and women were on their top 3 needs in a relationship with a significant other.
From the interviewing data, Harley found that …
For women, the #1 need was:
a.Love and affection
b.Money
c.Quality time
For men, the #1 need was:
a.Sex
b.Respect
c.Quality time

4. Definition of Respect
re·spect
• a feeling of admiring someone or something that
is good, valuable, important, etc.
• a feeling or understanding that someone or
something is important, serious, etc., and should
be treated in an appropriate way

5. Why Have a Respectful Environment?
• Increases productivity/improves morale
• Contributes to retention of talented associates and creates
greater sharing of information and perspectives
• Maximizes contributions of diverse work force
• Strengthens communication and teamwork
• Affords all associates a workplace free from unlawful
harassment or discrimination
• Avoids legal action - legal expenses and loss of
time/productivity
• Decreases risk of bad publicity

6. What We Will Cover
• Top policies and practices critical to RESPECT
• The type of conduct that must be avoided
• Key laws regarding RESPECT
• Overview of workplace harassment

7. Key Policies Regarding Respect

8. Equal Opportunity/Anti-Harassment Policy
Our company is firmly committed to providing
a workplace free of all forms of unlawful
discrimination, including sexual harassment
and other types of discriminatory harassment,
and where associates are treated with dignity
and respect.

9. Equal Opportunity/Anti-Harassment Policy
Actions or words that harass or intimidate associates because
of any protected characteristics are strictly forbidden and will
not be tolerated.
All concerns/complaints will be investigated promptly and
thoroughly and will be handled with the appropriate degree of
confidentiality.
Inappropriate conduct will result in corrective action in
accordance with company policy, up to and including
termination of employment.
NOTE This policy should also explain our commitment, what types of conduct
are prohibited, and what steps associates can take if they believe they have
an issue.

10. Guidelines: Investigations & Confidentiality
• All complaints alleging a violation of your
company’s Equal Opportunity and Anti-
Harassment Policy will be investigated by
Human Resources promptly, thoroughly, and
with appropriate confidentiality.
• All employees who complain about
inappropriate workplace behavior, or who
participate in an investigation of such
misconduct, are expected to respect the
confidentiality of the investigatory process.

11. What Is Retaliation?
Adverse employment action against an
employee who raises a good faith complaint or
who participates in an administrative or court
proceeding concerning a claim of discrimination.

12. Does it Violate Company Policy?
(Yes/No/Depends)
• Eating lunch every day just with members of your
own gender
• Listening to the radio at your work station
• Counseling an associate on performance issues
while she has a charge of sexual harassment
pending with the EEOC
• Reviewing the intimate details of your weekend
around the “water cooler” on Monday morning.

13. Your Company’s E-mail Policy
Strictly prohibits all of the following:
•Messages that are determined to be defamatory, abusive, obscene,
sexually oriented, threatening, harassing, or otherwise inappropriate
and offensive in light of the Company's Equal Opportunity and Anti-
Harassment Policy
•Messages that disclose confidential information
•Messages that involve conducting business on behalf of an entity
other than Our Company
•Messages that serve as advertising or solicitation

14. Your Company’s E-mail Policy
Strictly prohibits all of the following:
•"Chain letters" or similar communications
•Messages that contain large attachments that are not business related
•The collection and/or transmission of material in violation of any
federal, state, or local law
•Attempting to gain access to another associate's E-mail messages
•Instant Messaging (unless authorized)
•Blogging

15. Best Practices for Electronic
Communication
Think before you write and send communications; just because
you’re sending an email doesn’t mean you can reduce your
professional standards ….
•Use clear, precise language
•Be aware of tone, “quotes”, CAPITALS, bolding, underlining, and
smiley faces 
•Treat documents stored in electronic form as if they were public and
permanent
•If you would not sign your name to it, do not put it in an email
•Review the distribution list - does everyone “need to know?”- avoid
“reply all” whenever it is not necessary.

16. Best Practices for Electronic
Communication
• Compose yourself before you compose a document (sarcasm,
jokes and anger do not translate well)
• Never send defamatory, discriminatory, abusive or
sexually/racially oriented comments
• Protect confidentiality - privileged documents and investigations
(even subject lines) – use send secure feature
• Consider whether a face-to-face meeting or phone conversation
would be better

17. Workplace Scenario
A mutual friend sends Steve and Jane sexually
suggestive pictures and movie clips from the internet.
Steve deletes them immediately. Jane forwards them to
a group of co-workers and comments “can you believe
this junk?”
Doris, who received the e-mail from Jane, then forwards
the e-mail to clients outside the company.

18. Workplace Scenario Questions
Primary Issue is …. Inappropriate content of email.
Who violated the policies?
a. Just Jane
b. Jane and Doris
c. Just Doris
d. everyone involved

19. Key Laws that Impact RESPECT

20. Anti-Discrimination Laws
• Title VII of the Civil Rights Act of 1964
– Prohibits employment discrimination based on race, color, sex, religion, national
origin, and pregnancy
• The Age Discrimination in Employment Act (ADEA)
– Prohibits discrimination against employees age 40 or older
• The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA)
– Prohibits employment discrimination against specific categories of covered
veterans by federal contractors and subcontractors and also imposes affirmative
action requirements with respect to the employment and advancement of such
veterans.
• The Americans with Disabilities Act (ADA)
– Prohibits discrimination against a qualified person with a disability who can
perform the essential functions of the job, with or without a reasonable
accommodation

21. Workplace Harassment

22. What is Workplace Harassment?
In general, workplace harassment is unwelcome conduct (verbal or
physical) directed toward an associate because of a bias.
Workplace harassment has the potential to unreasonably interfere
with the person’s job performance or create an intimidating, hostile
or offensive work environment
- Examples: unwanted touching, hugging, joking, bantering,
comments, or pictures

23. Harassment as a Legal Matter
Harassment on the basis of characteristics protected by law is unlawful.
The following legally protected characteristics are in addition to those listed
in Title VII:
– age
– disability
– marital status
– citizenship
– genetic information
– veteran’s status
– pregnancy
– victims of domestic violence
• Altering conditions of the associate’s employment and creating an abusive
environment is unlawful
• Sufficiently severe (bad) or pervasive (frequent) behavior, based on a totality
of circumstances may also be considered unlawful.

24. Workplace Scenario
During lunch, a group of male and female co-workers and
managers are laughing and commenting over pictures of male
models in bathing suits.
As Donald, who is openly gay, is passing by, one of the employees
turns to Donald and says, “You’re an expert, why don’t you help us
pick the best model.”
Donald smiles and walks out of the room.
24

25. What are the Issues?
1. It was ok for these folks to be talking about this topic over lunch as
it is their “free” time True/False?
2. Everyone “acts” ok with the content being discussed, so that is ok
too. True/False?
3. Donald smiled as he walked by, so all is well. True/False?
4. It is ok because there were both employees and managers
involved in the discussion. True/False?

26. Employment Actions Protected by Law
Your Company will be held strictly liable for any tangible actions which
significantly change an associate’s employment status as a result of
harassment or discrimination:
•Hiring
•Promotion/Demotion/Transfer
•Compensation
•Discipline
•Performance Assessment
•Alternative Work Arrangements (AWA)
•Termination
•All Other Aspects of Employment Relationship

27. What is Sexual Harassment?
Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a
sexual nature.

28. 28
Sexual harassment is not always obvious, and may include a
variety of subtle but pervasive behaviors. It may also involve
individuals of the same or opposite gender. Determining whether
an action constitutes sexual harassment focuses not on the intent
of the alleged harasser, but rather on how it was perceived by the
person to whom it was directed.
Perception Matters

29. Which One? Appropriate, Gray Area or Crosses the Line?
Commenting about appearance or dress
– Did you do something with your hair? It looks great!
– Is that a new sweater?
– Can I touch the fabric?
Touching someone on any part of the body
– Tapping someone on the shoulder
– Putting our arm around someone
– Pat on the behind
Factoring age into job assignments or employment decisions
– Asking older mail clerks if they have any lifting limitations
– Selecting the younger of two equally qualified candidates when filling an open position
29

30. So What Are Your Obligations?
• Create a performance-based culture by setting clear
expectations.
• Address issues with associates as they arise on an
ongoing basis.
• Partner with Human Resources on performance issues
as needed, but especially whenever you become aware
of or suspect discriminatory or harassing conduct.
• Permit and do not discourage associates from availing
themselves of the complaint process.
30

31. The Five Simple Questions
1. Would you say it or do it if it were going to be
published on the front page of a newspaper or
placed on YouTube?
2. Would you say it or do it in front of your
spouse/partner, parent, or child?
3. How would you feel if it was directed toward your
spouse/partner, parent, or child?
4. Are you saying it or doing it to someone on account
of their protected characteristic?
5. Does it need to be said or done at all – what
business purpose is served?

32. Thank you for participating
If you have any questions, please feel free
to email them to:
Sue Vanderoef, Founder, Cornerstone HR Solutions
info@hrhelpnj.com
Joe Gerard, Vice President Marketing and Sales
j.gerard@i-sight.com