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DIVERSITYINTHEWORKPLACE
R R T M a n a g e m e n t Tr a i n i n g
Source: Equal Employment Opportunity Commission
https://www.eeoc.gov/statistics/charge-statistics-
charges-filed-eeoc-fy-1997-through-fy-2021
The concept of diversity encompasses
acceptance and respect. It means understanding
that each individual is unique while recognizing
our individual differences. Diversity can be
illustrated along the dimensions of race,
ethnicity, gender, sexual orientation, socio-
economic status, age, physical abilities, religious
beliefs, political beliefs or other ideologies.
WhatisDiversity?
Agentsofthe
Company
As Management, you are the Company’s “eyes and ears”
Importantly, your acts and knowledge may be “imported”
to the Company
Even if the Company does
not share such knowledge
In some cases, even if the
Company does not authorize
your actions
Whyarewehere?
To ensure compliance with the
laws that govern our workplace:
• Title VII of the Civil Rights
Act/Civil Rights Act of 1866.
• Americans with Disabilities Act.
• Equal Pay Act.
• Age Discrimination in
Employment Act.
• Family and Medical Leave Act.
• Wage and Hour Laws (FLSA and
FMWA)
• Fair Credit Reporting Act
• Uniformed Services Employment
and Reemployment Rights Act
• Florida Civil Rights Act
Anti-Discrimination&
Anti-Harassment
Policy
RRT affords equal employment opportunities to all qualified
individuals. Our company is committed to maintaining a work
environment free of discrimination and harassment of any
kind based on race, color, national origin, ancestry, religion,
sex, age, disability, veteran status, marital status, sexual
orientation, or other basis prohibited by law.
Underlying this policy is our strong
concern for our employees’ dignity
and well being and our
commitment to provide a safe,
protective, and professional work
environment. Unlawful
harassment or discrimination by
supervisors, co-workers, or
employees is prohibited!
ZeroTolerance
RRT specifically prohibits any and all forms of
unlawful discrimination and practices zero
tolerance to enforce the anti-discrimination
and anti-discrimination policy.
Anyone who violates RRT’s Anti-Discrimination
and Anti-Harassment Policy is subject to
disciplinary action up to and including
immediate termination of employment.
Hiring/Termination
Compensation
Promotion
Discipline
Terms & Conditions
Treatingemployeesdifferentlybecauseof
theirprotectedclassification
Whatis
Discrimination?
└ Job Assignments, Training, Shifts, Respect
Protected
Classifications
Race/Color
National Origin/Ancestry
Accents/English Fluency/English Only
Citizenship
Sex
Pregnancy
Age
Military Status
Marital Status
Sexual Orientation
Religion
Disability
• Harassment is a form of
discrimination if the offensive
conduct is based on one of the
protected categories.
• For action to rise to the level of
illegal conduct, the offensive
conduct must be based on one’s
membership in a protected class.
Whatis
Harassment?
A Miami fan harassing a Jets fan is not illegal harassment.
A boss telling an employee to do his or her job is not illegal harassment.
WhatisaHostileWork
Environment?
Hostile Work Environment is
• Unwelcome conduct.
• Based on one or more protected
characteristics.
• Objectively offensive from the perspective of
a reasonable person in similar circumstances.
• Subjectively offensive from the perspective
of the person subjected to the unwelcomed
conduct.
• Severe or pervasive enough to alter working
conditions and create abusive working
environment.
Can Include:
• Submission to sexual conduct that
is made explicitly or implicitly as a
term or condition of an
individual’s employment; or
• Submission to or rejection of
sexual conduct that is used as a
basis for employment decisions
affecting the employee.
HostileWork
Environmentbasedon
SexualHarassment
Harassment
maybe:
Verbal
Physical
Visual
Hostile
Environment
Perpetual
invitations
Pin-ups Jokes
Dating
discussions
Sexual
innuendo
Unwelcomed
conduct
Touching Name calling
Dating
subordinates
Offensive
language
Body part
comments
Staring,
leering
Derogatory
remarks
Sexual
gestures
Pornography
AHostileWorkEnvironment
BasedonAge
“We need some
young blood around
here.”
Can include comments such as…
“Aren’t you going to
retire soon?”
“Hey, old man” (He’s
an old timer, old
school, etc.)
“She’s an old maid.” “Can’t teach an old
dog new tricks.”
“This is a young man’s
business.”
Racial or ethnic slurs and name-calling
Making comments like “Those people . . .”
Stereotypical remarks
Mocking cultural Behavior
HostileWorkEnvironmentbasedon
Raceand
NationalOrigin
Can Include:
Racial or ethnic related cartoons
-Food, music, sports, clothing, etc.
-Speech patterns
HostileWorkEnvironmentbasedon
Religion
Poking fun at
religious beliefs
Imposing
religious views
on others
Morality issues Jokes
Reasonable
Accommodation
How is Reasonable Accommodation determined?
Once an employee informs the employer of a
disability/need for an accommodation, the
employer must take part in an interactive
process to identify a reasonable
accommodation that would allow the
employee to perform the essential job
functions
• Name-calling
• Pranks
• Paternalism
• Mockery
HostileWorkEnvironment
basedon
Disability
Name-calling
Jokes
HIV/AIDS remarks
Stereotypical remarks
(She’s too masculine, he’s too effeminate, he or
she doesn’t look gay, etc.).
HostileWorkEnvironment
basedon
SexualOrientation
AntiHarassmentPolicy
alsoprevents
• Male to male
• Female to female
Same Sex Harassment
Same Ethnicity, Race, Religion, etc.
• They may not harass you.
• You may not harass them.
Customers, Vendors, Contractors
STOP!
Don’tdoit
Don’t do it, don’t say it
If you have any questions about whether your
comment, compliment, joke, or conduct MAY be
considered unwelcome…
Intent is
Irrelevant
• Think before you speak or act
• Put yourself in their shoes
• Remember intent is irrelevant
• Recognize other people’s
personal space
While supervisor-subordinate dating relationships, or
relationships between co-workers, are not in
themselves illegal, the trouble usually starts when the
relationship ends.
DatingRelationships
BetweenCo-Workers
• Exercise good judgment
at both Company
sponsored and
unsponsored events!
• When it doubt, do not
take the risk!
Whatabout
afterwork?
Whatshould
youdo?
Listen and Pay Attention
An individual usually gives some indication that the
objectionable conduct is unwelcome
Pay attention and
respect that individual’s
wishes.
ObligationsofAll
Employees
• Individuals who have witnessed or been
subjected to an incident of harassment
MUST report it.
• Employees must cooperate in the company’s
internal investigations and maintain the
confidentiality of any investigation.
Reporting
Harassment
All employees MUST report harassment,
whether witnessed by them or
perpetrated against them.
Report to:
• Supervisor/Management
• Director of Human Resources
• Any member of Human Resources
• Any member of Executive
Management Team
• Any other resources as identified in
the Employee Handbook
Promote a harassment-free
workplace
Report all observations or
complaints
• Managers must take steps to promote
a harassment-free work environment.
• Managers must immediately report any
alleged harassment which is brought to
their attention or which they have
heard about or witnessed.
• Managers must report ALL observations
or complaints of harassment
• This is true even if you are not the
employees’ direct supervisor or
manager!!
Managements’Obligations
DoNot
These are improper responses to a complaint
of harassment!
Attempt to conduct
your own
investigation
Promise absolute
confidentiality
Tell the complaining
party to try to “work
it out” with the
alleged harasser
Allow a complaining
party to get you to
agree to “just keep it
quiet”
Tell the complaining
party that he or she
does not have a
valid claim or is
overreaching
Advise the
complaining party to
consult a lawyer or
governmental
agency
Of course, do NOT
advise against the
complaining party
taking this action
No adverse employment action will be taken
against any employee for GOOD FAITH reporting
of discrimination or harassment.
Examples of retaliation:
− Termination
− Discipline
− “Cold Shoulder”
− Extra close supervision
− Unpleasant job assignments
NoRetaliation
• Human Resources will coordinate
an investigation into the
complaint.
• No two investigations are alike.
• No employee will be subject to
retaliation for honest reporting of
conduct or participating in an
investigation.
• Complaints will be handled in a
timely manner and corrective
action will be taken, if necessary.
Responding
toComplaints
• Complaints will be investigated
• All employees MUST cooperate in
the Company’s internal
investigations.
• Investigation must be kept
confidential
• Need-to-know basis
• Employees must maintain the
confidentiality of any investigation
• Appropriate actions will be taken
• Discipline commensurate with
offense
Respondingto
Complaints
Manager’sGuide
toAvoiding
Allegationsof
Harassment
Conduct yourself in a business-like,
professional manner
Adhere to the rules
• Under the law, it does not matter what
the manager intended by his or her
remarks or conduct. Rather, the law
considers only how the remark or
conduct was perceived. As a result, it is
absolutely critical that managers
conduct themselves in a business-like,
professional manner at all times.
• Experience has shown that if managers
adhere to the following rules, they can
significantly reduce the likelihood of
getting involved in a harassment
problem, thereby preventing both
themselves and their employer from
being sued.
Manager’sGuide
1. Never make racial, sexual,
religious, or ethnic jokes or
use racial epithet, even in jest.
Such comments are never
funny when they are repeated
in front of a jury.
2. Never tolerate subordinates
telling such jokes or making
such remarks in your
presence. If they do, and you
do not discipline them, you
and the company are
effectively condoning it.
3. Never allow your subordinates
to dress inappropriately or act
inappropriately at work. It is
your responsibility to maintain
a business-like atmosphere.
4. Never call a subordinate at
home or visit his or her home
unless you have a legitimate
business reason and this
action has been approved by
the company.
5. Never touch a subordinate for
any reason. Pats, kisses, hugs,
back rubs, and other
horseplay can easily give rise
to civil as well as criminal
liability.
6. Never call an employee
“honey,” “darling,” “baby,” or
any other offensive or
demeaning nickname.
Similarly, never call any
employee by any sort of
ethnic nickname.
Manager’sGuide
7. Do not go out drinking with
subordinates. You may be
held legally responsible for
their conduct. More
importantly, you do not want
to put yourself in a
compromising position with a
subordinate which can affect
your effectiveness as a
manager
8. Never date or engage in a
personal relationship with a
subordinate.
9. If you are already in a
relationship with a
subordinate, notify Human
Resources. If the Company is
aware of the situation, it can
take measures to prevent
your involvement in any
employment action which
adversely affects the
subordinate.
10. Never ignore rumors of
harassment or second-hand
complaints about problems in
other departments. Never
agree to keep a subordinate’s
complaint “just between us.”
As a manager, in the eyes of
the law, you are the company
and you have a legal
obligation to report what you
know.
Manager’sGuide
11. Do not send or forward offensive
emails.
12. Treat every employee with the
dignity and respect with which
you would want your spouse or
child treated.
Manager’s
Guide
You receive an e-mail from one of your co-workers. The e-mail has an attachment that has a joke
about a priest, rabbi, and lawyer who walk into a bar. You laugh out loud and delete the e-mail.
• Have you violated any policies?
• Should you take any action?
HypotheticallySpeaking
A subordinate tells you about a co-worker’s offensive behavior but asks that no action be taken and to
keep it quiet.
• Can you, as a supervisor, do this?
HypotheticallySpeaking
You are asked questions about two of your co-workers. Apparently, one of them has brought a
complaint against the other under the Anti-Harassment Policy. You certainly don’t want to get in the
middle of this dispute and tell the personnel investigating the complaint that you won’t give any
information.
• Is this permissible under the policy?
HypotheticallySpeaking
One of your co-workers stands very close to you during conversations and often touches you on the
arm and shoulder. She treats other employees this way, too, but no one else seems to care.
• What should you do?
HypotheticallySpeaking
Kurt, an employee comes to work in an extremely fitted muscle shirt. Liz, one of your female co-
workers says, as he walks past, “Nice chest.”
• Has Kurt violated any policies?
• Has Liz violated any policies?
• What should you do?
HypotheticallySpeaking
Two African American co-workers jokingly refer to each other in racial terms.
• Is this, okay?
• If not, why?
HypotheticallySpeaking
You heard an employee tell a graphic sexual joke to a co-worker. They both laughed, and no one
complained that the joke was unwelcome or inappropriate.
• Is this harassment?
• Do you need to take any action?
HypotheticallySpeaking
An employee complains to you that her manager is very rude to her and raises his voice
unnecessarily. It makes her so upset she wants to quit. Other employees have complained about his
“management style.”
• Is this illegal harassment?
HypotheticallySpeaking
An employee tells his supervisor that he would like a new chair because his present one is
uncomfortable.
• Is this a request for a reasonable accommodation?
HypotheticallySpeaking
You told a “Polish” joke to your co-workers and your supervisor overheard you. You received a written
warning. No one complained about your behavior.
• Should you have received a warning?
HypotheticallySpeaking
1. How old are you?
2. Do you have a degree?
4. Are you legal? Or are you an alien?
3. Where is your accent from?
5. Have you ever been hurt on a job?
OkaytoAskan
Employee…?
6. Can you perform the essential job functions?
7. How is your health?
9. Can you work on Saturdays and Sundays?
8. Can you work flexible hours?
10. Can you work in a male dominated business?
OkaytoAskan
Employee…?
TrueorFalse?
1. You should never take notes regarding
your interview with an applicant.
2. A write-up for performance is not
necessary if the manager has verbally
counseled the employee.
3. When documenting discipline or a
termination, you should not list ever
single reason you have for taking action
in order to avoid the appearance of being
heavy handed.
4. If you have a diverse workforce, you have
little risk of a harassment or
discrimination claim.
SelfReflection
This conduct, in and of itself, may not be
illegal. However, be aware of what you say at
work, how you say it and whom you say it to.
Not everyone has your sense of humor, life
experience, or morals
H a v e y o u e v e r m a d e c o m m e n t s o r
d i s c u s s e d a c o - w o r k e r ’ s …
Weight Pregnancy
Accent/National
Origin
Body Parts
Religious
Affiliations
Sexual
Orientation
Age Disability
Questions

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RRT Diversity in the Workplace - Management Training.pptx

  • 1. DIVERSITYINTHEWORKPLACE R R T M a n a g e m e n t Tr a i n i n g
  • 2. Source: Equal Employment Opportunity Commission https://www.eeoc.gov/statistics/charge-statistics- charges-filed-eeoc-fy-1997-through-fy-2021
  • 3. The concept of diversity encompasses acceptance and respect. It means understanding that each individual is unique while recognizing our individual differences. Diversity can be illustrated along the dimensions of race, ethnicity, gender, sexual orientation, socio- economic status, age, physical abilities, religious beliefs, political beliefs or other ideologies. WhatisDiversity?
  • 4. Agentsofthe Company As Management, you are the Company’s “eyes and ears” Importantly, your acts and knowledge may be “imported” to the Company Even if the Company does not share such knowledge In some cases, even if the Company does not authorize your actions
  • 5. Whyarewehere? To ensure compliance with the laws that govern our workplace: • Title VII of the Civil Rights Act/Civil Rights Act of 1866. • Americans with Disabilities Act. • Equal Pay Act. • Age Discrimination in Employment Act. • Family and Medical Leave Act. • Wage and Hour Laws (FLSA and FMWA) • Fair Credit Reporting Act • Uniformed Services Employment and Reemployment Rights Act • Florida Civil Rights Act
  • 6. Anti-Discrimination& Anti-Harassment Policy RRT affords equal employment opportunities to all qualified individuals. Our company is committed to maintaining a work environment free of discrimination and harassment of any kind based on race, color, national origin, ancestry, religion, sex, age, disability, veteran status, marital status, sexual orientation, or other basis prohibited by law. Underlying this policy is our strong concern for our employees’ dignity and well being and our commitment to provide a safe, protective, and professional work environment. Unlawful harassment or discrimination by supervisors, co-workers, or employees is prohibited!
  • 7. ZeroTolerance RRT specifically prohibits any and all forms of unlawful discrimination and practices zero tolerance to enforce the anti-discrimination and anti-discrimination policy. Anyone who violates RRT’s Anti-Discrimination and Anti-Harassment Policy is subject to disciplinary action up to and including immediate termination of employment.
  • 9. Protected Classifications Race/Color National Origin/Ancestry Accents/English Fluency/English Only Citizenship Sex Pregnancy Age Military Status Marital Status Sexual Orientation Religion Disability
  • 10. • Harassment is a form of discrimination if the offensive conduct is based on one of the protected categories. • For action to rise to the level of illegal conduct, the offensive conduct must be based on one’s membership in a protected class. Whatis Harassment? A Miami fan harassing a Jets fan is not illegal harassment. A boss telling an employee to do his or her job is not illegal harassment.
  • 11. WhatisaHostileWork Environment? Hostile Work Environment is • Unwelcome conduct. • Based on one or more protected characteristics. • Objectively offensive from the perspective of a reasonable person in similar circumstances. • Subjectively offensive from the perspective of the person subjected to the unwelcomed conduct. • Severe or pervasive enough to alter working conditions and create abusive working environment.
  • 12. Can Include: • Submission to sexual conduct that is made explicitly or implicitly as a term or condition of an individual’s employment; or • Submission to or rejection of sexual conduct that is used as a basis for employment decisions affecting the employee. HostileWork Environmentbasedon SexualHarassment
  • 14. Hostile Environment Perpetual invitations Pin-ups Jokes Dating discussions Sexual innuendo Unwelcomed conduct Touching Name calling Dating subordinates Offensive language Body part comments Staring, leering Derogatory remarks Sexual gestures Pornography
  • 15. AHostileWorkEnvironment BasedonAge “We need some young blood around here.” Can include comments such as… “Aren’t you going to retire soon?” “Hey, old man” (He’s an old timer, old school, etc.) “She’s an old maid.” “Can’t teach an old dog new tricks.” “This is a young man’s business.”
  • 16. Racial or ethnic slurs and name-calling Making comments like “Those people . . .” Stereotypical remarks Mocking cultural Behavior HostileWorkEnvironmentbasedon Raceand NationalOrigin Can Include: Racial or ethnic related cartoons -Food, music, sports, clothing, etc. -Speech patterns
  • 17. HostileWorkEnvironmentbasedon Religion Poking fun at religious beliefs Imposing religious views on others Morality issues Jokes
  • 18. Reasonable Accommodation How is Reasonable Accommodation determined? Once an employee informs the employer of a disability/need for an accommodation, the employer must take part in an interactive process to identify a reasonable accommodation that would allow the employee to perform the essential job functions
  • 19. • Name-calling • Pranks • Paternalism • Mockery HostileWorkEnvironment basedon Disability
  • 20. Name-calling Jokes HIV/AIDS remarks Stereotypical remarks (She’s too masculine, he’s too effeminate, he or she doesn’t look gay, etc.). HostileWorkEnvironment basedon SexualOrientation
  • 21. AntiHarassmentPolicy alsoprevents • Male to male • Female to female Same Sex Harassment Same Ethnicity, Race, Religion, etc. • They may not harass you. • You may not harass them. Customers, Vendors, Contractors
  • 22. STOP! Don’tdoit Don’t do it, don’t say it If you have any questions about whether your comment, compliment, joke, or conduct MAY be considered unwelcome…
  • 23. Intent is Irrelevant • Think before you speak or act • Put yourself in their shoes • Remember intent is irrelevant • Recognize other people’s personal space
  • 24. While supervisor-subordinate dating relationships, or relationships between co-workers, are not in themselves illegal, the trouble usually starts when the relationship ends. DatingRelationships BetweenCo-Workers
  • 25. • Exercise good judgment at both Company sponsored and unsponsored events! • When it doubt, do not take the risk! Whatabout afterwork?
  • 26. Whatshould youdo? Listen and Pay Attention An individual usually gives some indication that the objectionable conduct is unwelcome Pay attention and respect that individual’s wishes.
  • 27. ObligationsofAll Employees • Individuals who have witnessed or been subjected to an incident of harassment MUST report it. • Employees must cooperate in the company’s internal investigations and maintain the confidentiality of any investigation.
  • 28. Reporting Harassment All employees MUST report harassment, whether witnessed by them or perpetrated against them. Report to: • Supervisor/Management • Director of Human Resources • Any member of Human Resources • Any member of Executive Management Team • Any other resources as identified in the Employee Handbook
  • 29. Promote a harassment-free workplace Report all observations or complaints • Managers must take steps to promote a harassment-free work environment. • Managers must immediately report any alleged harassment which is brought to their attention or which they have heard about or witnessed. • Managers must report ALL observations or complaints of harassment • This is true even if you are not the employees’ direct supervisor or manager!! Managements’Obligations
  • 30. DoNot These are improper responses to a complaint of harassment! Attempt to conduct your own investigation Promise absolute confidentiality Tell the complaining party to try to “work it out” with the alleged harasser Allow a complaining party to get you to agree to “just keep it quiet” Tell the complaining party that he or she does not have a valid claim or is overreaching Advise the complaining party to consult a lawyer or governmental agency Of course, do NOT advise against the complaining party taking this action
  • 31. No adverse employment action will be taken against any employee for GOOD FAITH reporting of discrimination or harassment. Examples of retaliation: − Termination − Discipline − “Cold Shoulder” − Extra close supervision − Unpleasant job assignments NoRetaliation
  • 32. • Human Resources will coordinate an investigation into the complaint. • No two investigations are alike. • No employee will be subject to retaliation for honest reporting of conduct or participating in an investigation. • Complaints will be handled in a timely manner and corrective action will be taken, if necessary. Responding toComplaints
  • 33. • Complaints will be investigated • All employees MUST cooperate in the Company’s internal investigations. • Investigation must be kept confidential • Need-to-know basis • Employees must maintain the confidentiality of any investigation • Appropriate actions will be taken • Discipline commensurate with offense Respondingto Complaints
  • 35. Conduct yourself in a business-like, professional manner Adhere to the rules • Under the law, it does not matter what the manager intended by his or her remarks or conduct. Rather, the law considers only how the remark or conduct was perceived. As a result, it is absolutely critical that managers conduct themselves in a business-like, professional manner at all times. • Experience has shown that if managers adhere to the following rules, they can significantly reduce the likelihood of getting involved in a harassment problem, thereby preventing both themselves and their employer from being sued. Manager’sGuide
  • 36. 1. Never make racial, sexual, religious, or ethnic jokes or use racial epithet, even in jest. Such comments are never funny when they are repeated in front of a jury. 2. Never tolerate subordinates telling such jokes or making such remarks in your presence. If they do, and you do not discipline them, you and the company are effectively condoning it. 3. Never allow your subordinates to dress inappropriately or act inappropriately at work. It is your responsibility to maintain a business-like atmosphere. 4. Never call a subordinate at home or visit his or her home unless you have a legitimate business reason and this action has been approved by the company. 5. Never touch a subordinate for any reason. Pats, kisses, hugs, back rubs, and other horseplay can easily give rise to civil as well as criminal liability. 6. Never call an employee “honey,” “darling,” “baby,” or any other offensive or demeaning nickname. Similarly, never call any employee by any sort of ethnic nickname. Manager’sGuide
  • 37. 7. Do not go out drinking with subordinates. You may be held legally responsible for their conduct. More importantly, you do not want to put yourself in a compromising position with a subordinate which can affect your effectiveness as a manager 8. Never date or engage in a personal relationship with a subordinate. 9. If you are already in a relationship with a subordinate, notify Human Resources. If the Company is aware of the situation, it can take measures to prevent your involvement in any employment action which adversely affects the subordinate. 10. Never ignore rumors of harassment or second-hand complaints about problems in other departments. Never agree to keep a subordinate’s complaint “just between us.” As a manager, in the eyes of the law, you are the company and you have a legal obligation to report what you know. Manager’sGuide
  • 38. 11. Do not send or forward offensive emails. 12. Treat every employee with the dignity and respect with which you would want your spouse or child treated. Manager’s Guide
  • 39. You receive an e-mail from one of your co-workers. The e-mail has an attachment that has a joke about a priest, rabbi, and lawyer who walk into a bar. You laugh out loud and delete the e-mail. • Have you violated any policies? • Should you take any action? HypotheticallySpeaking
  • 40. A subordinate tells you about a co-worker’s offensive behavior but asks that no action be taken and to keep it quiet. • Can you, as a supervisor, do this? HypotheticallySpeaking
  • 41. You are asked questions about two of your co-workers. Apparently, one of them has brought a complaint against the other under the Anti-Harassment Policy. You certainly don’t want to get in the middle of this dispute and tell the personnel investigating the complaint that you won’t give any information. • Is this permissible under the policy? HypotheticallySpeaking
  • 42. One of your co-workers stands very close to you during conversations and often touches you on the arm and shoulder. She treats other employees this way, too, but no one else seems to care. • What should you do? HypotheticallySpeaking
  • 43. Kurt, an employee comes to work in an extremely fitted muscle shirt. Liz, one of your female co- workers says, as he walks past, “Nice chest.” • Has Kurt violated any policies? • Has Liz violated any policies? • What should you do? HypotheticallySpeaking
  • 44. Two African American co-workers jokingly refer to each other in racial terms. • Is this, okay? • If not, why? HypotheticallySpeaking
  • 45. You heard an employee tell a graphic sexual joke to a co-worker. They both laughed, and no one complained that the joke was unwelcome or inappropriate. • Is this harassment? • Do you need to take any action? HypotheticallySpeaking
  • 46. An employee complains to you that her manager is very rude to her and raises his voice unnecessarily. It makes her so upset she wants to quit. Other employees have complained about his “management style.” • Is this illegal harassment? HypotheticallySpeaking
  • 47. An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. • Is this a request for a reasonable accommodation? HypotheticallySpeaking
  • 48. You told a “Polish” joke to your co-workers and your supervisor overheard you. You received a written warning. No one complained about your behavior. • Should you have received a warning? HypotheticallySpeaking
  • 49. 1. How old are you? 2. Do you have a degree? 4. Are you legal? Or are you an alien? 3. Where is your accent from? 5. Have you ever been hurt on a job? OkaytoAskan Employee…?
  • 50. 6. Can you perform the essential job functions? 7. How is your health? 9. Can you work on Saturdays and Sundays? 8. Can you work flexible hours? 10. Can you work in a male dominated business? OkaytoAskan Employee…?
  • 51. TrueorFalse? 1. You should never take notes regarding your interview with an applicant. 2. A write-up for performance is not necessary if the manager has verbally counseled the employee. 3. When documenting discipline or a termination, you should not list ever single reason you have for taking action in order to avoid the appearance of being heavy handed. 4. If you have a diverse workforce, you have little risk of a harassment or discrimination claim.
  • 52. SelfReflection This conduct, in and of itself, may not be illegal. However, be aware of what you say at work, how you say it and whom you say it to. Not everyone has your sense of humor, life experience, or morals H a v e y o u e v e r m a d e c o m m e n t s o r d i s c u s s e d a c o - w o r k e r ’ s … Weight Pregnancy Accent/National Origin Body Parts Religious Affiliations Sexual Orientation Age Disability