The document provides an overview of a harassment prevention training presentation. It defines different types of harassment, outlines legal protections and employer responsibilities. It also discusses complaint procedures and potential consequences for violations. The training aims to teach participants how to identify and prevent unlawful harassment and discrimination in the workplace. It provides examples of harassment scenarios and emphasizes the importance of respect, diversity and compliance with anti-discrimination laws.

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HARRASSMENT
PREVENTION
TRAINING
Presented Rebecca Seaman, SPHR
Agenda
• Respect in the Workplace
• Federal & State Laws
• Unlawful Harassment
• Liabilities & Remedies
• Complaint Response
• Discrimination Prevention
• Conclusion & Discussion

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Learning Objectives
Learn about the definitions of unlawful harassment
Responsibilities to report harassment complaints and concerns
How to prevent workplace harassment and discrimination
Sexual Harassment Charges
0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
NumberofReports
Year
Women Men
Respect in the Workplace

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Respect in the Workplace
• Follow common courtesy
• Avoid personal attacks
• Treat employees as customers whom the business is
dependent on
Differences & Diversity
• Everyone has different learning and communication styles
• Nobody likes to be talked down to or treated poorly
• There is no industry, company, or job where harassment or bullying is okay
Federal & State Laws

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Federal Regulations
• Federal Law: Title VII of the 1964 Civil Rights Act
• Federal Agency: Equal Employment Opportunity
Commission (EEOC)
Race & Color
National
Origin &
Ancestry
Sex & Gender
Sexual
Orientation
Pregnancy
Citizenship
Status
Marital Status Age Religion Disability
Genetic
Information
Whistleblower
Military/
Veteran Status
PROTECTED CATEGORIESProtected Categories
Unlawful Harassment

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Kathy supervises José. A mutual friend at work has a party on Saturday night,
attended by several people from work. It is absolutely not an employer-sponsored
event, however. After a couple of drinks, Kathy tells José that she is attracted to him
and then tries to kiss him. José tries to politely discourage her, but Kathy persists,
asking José if he’ll join her for dinner Sunday night. José, again, politely declines.
Has Kathy sexuallyharassed José? What should Josédo?
Case Scenario
• Quid pro quo (this for that): submitting to, or rejecting, sexual advances or
requests cannot be a condition upon which a person’s job, career, or upcoming
promotion depends
• It’s sufficient to show a threat of economic loss to provide quid pro quo sexual
harassment
Sexual Harassment
Hostile Work Environment
• Unwelcome comments or conduct based on legally protected characteristics
• Unreasonably interferes with an employee’s work performance
• Or creates an intimidating, hostile, or offensive work environment

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Elements Necessary for a Claim
• Subject to unwelcome verbal or physical conduct because of status as member of
protected class
• The harassment was based on that membership
• The conduct affected employment, or was intended to
• Simple teasing or off-hand comments
• Isolated incidents that are not serious
• No tangible employment action occurred
What Is Not Harassment?
• Definition:
• Unwelcome behavior
• Offensive to the individual
• Severe or pervasive
• Alters working conditions into abusive
environment
Hostile Work Environment

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• Is it frequent?
• Is it severe?
• Physically threatening or humiliating?
• Is it a mere offensive utterance?
• Does it interfere with work performance?
Hostile Work Environment
Lately, whenever Carol sees Hiro in the hallway, she says “Hey, Hiro, when are we
going away to Vegas?” At first it did not bother him but after she said it again in
earshot of some other employees, he complained. He said he is afraid his girlfriend
will hear rumors that he and Carol are planning a trip to Las Vegas together. When
you ask Carol about it she says “Oh come on. I was joking. Surely a little joke like that
isn’t illegal!”
Case Scenario
• Dirty or off-color jokes
• Discussing sexual topics
• Flirting and sexual advances
• Boasting of sexual conquests
• Intimate questions about sex life
• Intimate nicknames
• Excessive compliments
• Sexual innuendo
• Whistling, cat-calls, etc.
• Sexual profanity
• Harassing voicemails
• Repeated solicitations
Verbal Harassment Based on Sex

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Case Scenario
Louis, the CFO, frequently asks Camila, a payroll clerk, about her boyfriend, such as
what she and her boyfriend did over the weekend, whether they are thinking of
getting married or living together, and whether she is also dating other men. Camila
complains about Louis’ intrusive questions. Louis angrily responds that he is just
trying to boost morale by taking an interest in his employees’ personal lives.
• Slurs and insults
• Ethnic jokes
• Name-calling
• Mocking cultural behaviors
• Criticizing political beliefs
• Threatening comments
• Derogatory references
Verbal Harassment Based on Other Categories
During a discussion among office employees about getting drunk over the weekend,
Debra tells them “You should reject Satan’s false pleasures and accept the Lord Jesus
Christ as your savior.” She then begins sending around religious-themed emails to all
of the office employees. She informs them that she will be praying for them so that
they will be able resist Satan’s temptations.
Case Scenario

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• Hugging and kissing
• Touching body, hair, or clothing
• Massaging
• Leaning over or cornering
• Pinching someone
• Exposing oneself
Physical Harassment
Linda, a manager, and Nancy, who reports to Linda, begin a dating relationship. It is
completely consensual and neither is married. They are discreet about it at work,
but rumors are now circulating among other employees that Linda and Nancy are a
couple.
Case Scenario
VISUAL HARASSMENT
• Posters, pin-up’s,
calendars
• Magazines
• Email
• Websites
• Screen savers
• Obscene gestures
• Facial expressions
• Elevator eyes
Visual Harassment

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Ken enjoys looking at pornography websites during his lunch break in his office with
the door closed. He is careful not to let anyone else see what he is doing.
Is this a problem?
Case Scenario
• Repeated, health-harming mistreatment of one or
more persons by one or more perpetrators
• Abusive conduct that is threatening, humiliating, or
intimidating
• Or prevents work from getting done
Bullying in the Workplace
What might you do outside of
work that could get you into
harassment trouble?
Non-Work Related Conduct

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• Don’t post or send messages that are harassing
• Managers be careful observing employees’ social
networking
• Harassment prevention and protection applies to
social media
Social Media
Liabilities and Remedies
• Oral or written warning
• Deferral of pay raise or promotion
• Demotion
• Suspension
• Termination of employment
DisciplinaryAction

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Who is Liable for Sexual Harassment?
You are
personally
liable
Employer is
liable
Employees
are liable
Non-employees
are liable
• Your reputation
• Opportunity for advancement
• Your job
• Your home, car, and bank account
• Wages garnished
• The cost to pay an attorney
What May You Lose?
• Lost wages
• Reinstatement
• Emotional distress
• Punitive damages
• Attorneys’ fees
• Court orders
What One Can Win in a Lawsuit

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Complaint Response
Manager Role
• Held to a higher standard when it comes to harassment prevention
• Prevent a workplace culture that allows harassment to occur
• Demonstrate that the employer took prompt appropriate steps and action
Employee Options:
• Supervisor or Chain of Command
• Communication to Senior Management
• Compliant Procedure
• Harassment Reporting Procedure
• EEO Complaint to state or federal agency
Complaint Reporting

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Case Scenario
An employee named Fahad, who you have known for a number of years, tells you
that his co-worker, Cindy, is making sexual advances towards him and he finds it
uncomfortable.
You offer to speak with Cindy, and Fahad responds by insisting that this is a private
matter and demands that you do nothing to respond.
Response to Complaints
• If an employee requests no action, the employer must respond
• If an employee makes “off the record” reports, the employer must respond
• Even if there is no “complaint,” the employer must investigate
• Just witnessing the conduct is enough to require an employer response
Case Scenario
Suppose Fahad, the employee who complained to you about Cindy, never came to
you, but instead went over your head and talked to your boss about the problem?
What,if anything,should you sayto Fahad aboutcoming to you firston such matters?

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• An employee who reports harassment or
discrimination may not be retaliated against
• No questions or criticism for bypassing the “chain of
command” when reporting harassment
Unlawful Retaliation
Fahad, the employee who complained to you about Cindy, comes into your office
very upset. He indicates that he is uncomfortable with the investigation of Cindy and
he fears retaliation. He indicates that he has decided to quit.
Case Scenario
• Uninvolved employees can sue over affairs between
supervisor and co-workers
• Verbal “bullying” of a non-sexual nature may still be
considered sexual harassment
• Gender stereotype harassment is illegal
• Gender identity is protected
Recent Harassment Updates

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Discrimination Risks
You are the new manager of a group of employees. You find that they often come to
work late. You tell them that in the future, anyone who is more than five minutes
late will be written up, and anyone who gets three write-ups for tardiness will be
terminated. Grace and Bill both get two write-ups apiece. This morning, Grace and
Bill were both more than ten minutes late. Just as you are about to fire both of
them, Grace announces she is pregnant.
Case Scenario
Types of Discrimination
• DirectEvidence:
• direct discrimination based on membership of a protected class
• DisparateTreatment:
• treating similarly-situated employees differently
• DisparateImpact:
• neutral selection procedures have a statistically significant adverse effect on
protected categories without business necessity

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Potential Risk Areas
Hiring
Firing
Discipline
Promotion
Scheduling
Duties
Title
Hiring Risk: Interview Questions
NOT OK
• How old are you?
• When did you graduate?
• Were you in the military?
• Where is your accent from?
• Are you legal, or are you an illegal alien?
OK
• Are you 18 or older?
• Do you have a degree?
• What did you do in the military?
• Are you bilingual, or do you speak Spanish?
• Can you provide proof of authorization to work in the US?
Hiring Risk: Interview Questions
NOT OK
• Do you have reliable child care?
• Do you have children?
• How is your health?
• Have you ever been hurt on the job?
OK
• Can you work flexible hours?
• Can you work nights and weekends?
• Can you perform essential functions?

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Case Scenario
You hire Ming for a customer service manager position because she was the most
qualified applicant on paper, although you were a bit troubled by her heavy accent.
After Ming has been on the job only a few weeks you have received three customer
complaints that they were unable to understand Ming and that she seemed unable
to understand them.
Conclusion & Discussion
Thank you!
Rebecca Seaman, SPHR, SHRM-SCP
HR Consultant
Rebecca has a diverse background in Human
Resources and Training Management from the
temporary staffing and insurance industries.
She received her Bachelor’s Degree from
LaRoche College and previously served in a
variety of HR management positions.

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