including dismissal. T or F 5. Being a male, a female can not cause me to have a

Transcription

1 HAYWOOD COUNTY DIVERSITY & HARASSMENT AWARENESS

2 PRE-TEST 1. Do I acknowledge and respect differences? 2. Am I communicating openly and clearly or are my assumptions creating barriers? 3. Is it possible that my words or actions are being misinterpreted? 4. Any County employee who engages in or knowingly condones discrimination or harassment related to the workplace is subject to disciplinary action up to and including dismissal. T or F 5. Being a male, a female can not cause me to have a hostile environment. T or F 6. Only the supervisor(s) will have to go to court over a hostile environment law suit. T or F

3 A hostile work environment serves no good purpose. AND it interferes with the county s work. SO The prevention/ elimination of harassment is EVERYONE S responsibility.

4 LEARN what to do. Don t tb become the next news story. Or worse The next COURT case.

5 COURSE OBJECTIVES: *Realize the importance of county policies & the law with regard to Diversity, Harassment & Sexual Harassment. *To cause self-examination of attitudes, beliefs, and actions toward those who are different. *To identify behaviors that create problems with regard to workplace Diversity, Harassment & Sexual Harassment.

6 And MOST importantly *For every county employee to KNOW they have a right to work in a respectful environment & *Understand whose job it is to STOP harassment & know HOW to deal with harassment if it happens.

7 What Laws Effect Diversity? FEDERAL LAW: Title VII of the Civil Rights Act of 1964 prohibits Unequal treatment based on: Race Color Gender Religion National origin The Age Discrimination in Employment Act of 1967 The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. Furthermore, Sexual Harassment is a form of sex discrimination that is illegal under Title VII of the Civil Rights Act of 1964 for employees, and Harassment based upon any of the above traits is also illegal.

8 What Exactly Does this Mean? This means that discrimination includes, but is not limited i to physical conduct (it may be oral, written, gestures, or graphics) directed against any person or group of persons because of race, color, national origin, religion, sex, sexual orientation, age, marital status or disability and that has the purpose or reasonably foreseeable effect of creating an offensive, demeaning, intimidating, or hostile environment for that person or group of persons.

9 Why should I be concerned about Diversity & Equal Opportunity? Supports customer service readiness by impacting departmental cohesion as we build discipline i & trust. Tolerance implies a respect for another person, not because they are right or wrong in their beliefs, but because each of us share the same human rights. Diversity prompts personal growth while it strengthens communities and enriches the workplace.

10 Let s Talk About It TIME FOR A VIDEO Harassment & Diversity: Respecting Differences

11 Let s Talk About It We re all different. We have different work methods, different communication styles, and different personal values. All too often, simple biases and assumptions get in the way of open communication. Diversity isn t just about race or sex.. For example: What one type of thing do you NEVER want to feel devalued for again? W i ht Ed ti l L l J b Weight Educational Level Job Physical Appearance Sexual Orientation Political Affiliation

12 Bottom Line Harassment in the workplace violates civil rights and other laws, as well as Haywood County Policies. Being able to identify the various types of Being able to identify the various types of harassment conduct and knowing how to respond to it are important steps in protecting yourself and your co-workers, as well as reducing the County s exposure to legal liability.

13 How do I personally affect Diversity & Equal Opportunity? Language What You Say How you say it.. Ask open ended non-accusatory questions Behaviors What You Do Not only your deliberate actions, but also watch your body language and that of others Supportive EO Attitudes County s Foundation

14 How would you define harassment and offensive behavior now? Just WHAT type behavior is unacceptable in the workplace? There is no clear answer to this question.

15 OFFENSIVE BEHAVIOR Is defined by the impact on a reasonable person who feels offended, not by the intent of the offender Wll k M B ki B di Well you know Mr. Beck is Brogandian, and I ve never trusted those people! And then do you know what the old coot had the nerve to say

16 What is the most common type of harassment in today s workplace? SEXUAL HARASSMENT

17 Sexual Harassment Pre-Survey Just what is Sexual Harassment? Can a subordinate sexually harass a supervisor? What about a co-worker? How can each of us work to prevent sexual harassment?

18 Let s Talk About It TIME FOR A VIDEO Sexual Harassment: A Commonsence o Approach

19 TYPES OF HARASSMENT

20 QUID PRO QUO SEXUAL HARASSMENT May be blatant t or more subtle Quid Pro Quo Sexual harassment is defined as: A form of discrimination that involves unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: (1) Submission to or rejection of such conduct is either explicitly or implicitly a term or condition of a person s job, pay or career Example: A supervisor requests sexual favors in return for better treatment of a subordinate, or threatens the subordinate with firing, demotion, or transfer unless sexual favors are given.

21 (2) Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person, or (3) Such conduct interferes with an individual s performance or creates an intimidating, hostile or offensive environment.

22 HOSTILE ENVIRONMENT HARASSMENT Less obvious, but often the foundation for charges of sexual harassment. Example: If behavior of a sexual nature creates an offending, intimidating, or hostile work environment for another employee, it is sexual harassment.

23 HOSTILE ENVIRONMENT HARASSMENT Courts are likely to find an illegal hostile work environment where there is: Pornography or Sexually-oriented material Pervasive Gossip/Degrading Comments Vulgar Language Unwelcome Touching Embarrassing Questions Inappropriate s or Cartoons Sexual Propositions Stalking or Sexual Assault Lewd Remarks or Gestures

24 NON-EMPLOYEE HARASSMENT Sexual harassment O-T-J by a non-employee, e.g. Vendors, Customers or Visitors is NOT excusable behavior. Harassment O-T-J by a non-employee CAN lead to sexual harassment charges, just as sexual harassment by an employee would.

25 THIRD-PARTY HARASSMENT Behavior not found offensive by some employees ees can facilitate an offensive e environment for other employees. Example: An employee or group of employees talking about each other s sex lives in the presence of another person who feels very uncomfortable about such discussion.

26 Things You Should Know about Sexual Harassment Harassers do not fit a demographic or social profile are all ages, races and occupations. Harassers may be respected, talented, and well-liked. Certain behaviors would be harassment to some but not to others. One question the courts ask in determining if there is harassment is How would it look to a reasonable person? Sexual lharassment can occur between people of fthe same sex even though neither is sexually attracted to persons of the same sex. In 1998 the Supreme Court stated that same-sex harassment is illegal l and will not be tolerated. t Intent is not a deciding factor in whether or not offensive behavior is deemed as harassment. Many who engage in offensive conduct stop when asked to stop.

27 Victims of Sexual Harassment Do Not Speak Out Because of Fear... Fear of loss of job opportunities. Fear of rejection by co-workers. Fear of being labeled a trouble maker. Fear of not tbeing considered d a team player. Fear of being accused of not having a sense of humor.

28 The workplace should be a respectful place. We spend a significant amount of time in OUR workplace. Many of our jobs are already stressful without the added stress of harassment.

29 Why Respectful Behavior? - No one wants to work in an environment where he or she feels harassed and uncomfortable. - Respectful behavior facilitates more productive employees. - Disrespectful, harassing behavior can cost the perpetrator their job.

30 Why Respectful Behavior? - Studies found 50% of sexual harassment cases co-workers or peers were the alleged harassers. - Only 26 % involved the immediate supervisor. - The 1991 amendment to Title VII of the Civil Rights Act of 1964 allows victims to recover punitive damages. - Harassment lawsuits usually have personal legal & financial consequences for the harasser.

31 HARASSMENT OF OTHER PROTECTED INDIVIDUALS Employers have an affirmative duty to maintain a work environment that is free from harassment. Managers and Supervisors: Must treat non sexual harassment incidents with the same seriousness and degree as sexual harassment; Supervisors and managers must conduct an inquiry promptly p and take corrective action.

32 The best thing would be: Stop harassment bf before it starts.

33 The Building Blocks THE RESPECTFUL WORKPLACE COMMUNICATING OPENLY AND CLEARLY WITHOUT ALLOWING PERSONAL ASSUMPTIONS TO CREATE BARRIERS ACCEPTING DIFFERENCES EQUALITY OPPORTUNITY ATTITUDES

34 How do WE stop disrespectful behavior?

35 S T O P

36 Source Target The O other P The source of the disrespectful behavior has the responsibility to stop behaving in such a manner. What about US. Are we part of the problem? Have we added to the disrespectful behavior? target must help confront the Harassment/harasser! If we are offended by other s actions or words, we need to let them know and ask them to stop. Consider this: The source of the disrespectful behavior may not even know that his or her behavior is offensive to us. How can this person correct his or her behavior if he or she is unaware of its impact?

37 Those who observe disrespectful or S harassing behavior have a responsibility to stop it when it occurs; and one who notices such hbehavior & T does nothing is EVER an innocent bystander! Observer P It is simply pythe right thing to do.

38 S Every person in authority has a duty to keep the workplace free from T offensive and harassing behavior. Each person in authority is crucial to O creating a respectful workplace. Person in authority

39 Source Target Observer Person in authority

40 Care about WHAT you say HOW you say it-- Before you say it!

41 Making Complaints & Reporting Violations The employee should tell the person who is offending him/her that the behavior is offensive and should stop. (Because offensive behavior often is not intended as harassment, letting the individual know that the behavior is offensive and instructing him/her to stop will often resolve the problem.) If the offensive behavior persists, the employee should notify his or her immediate supervisor of the situation. If the complaint of harassment is against the immediate supervisor, the employee should report the situation i to the Department Director. If at any point in the process the employee prefers to do so, he/she may report the situation to the Human Resources Director. If the allegation of harassment is against the County Manager, the complaint should be filed with the Chairman of the Board of County Commissioners. If you are a victim of harassment, you are encouraged to make a complaint to the County of Haywood. You have the right to complain directly to the Human Resources Director. Any employee, supervisor or Department Director who observes harassment shall y e p oyee, supe v so o epa t e t ecto w o obse ves a ass e t s a make a written report to the Human Resources Director immediately.

42 Investigation of Complaints & Reports of Harassment Complaints of harassment will be thoroughly and confidentially investigated and a fair hearing will be given to all parties. No reprisal, retaliation or other adverse action will be taken against any employee for making in good faith a complaint or report of harassment or for assisting in good faith in the investigation of any such complaint or report. Any suspected retaliation or intimidation should be reported immediately to the Human Resources Director. The confidentiality and the dignity of those involved in a complaint is important. Every effort will be made to keep the complaint as confidential as possible. However, due to the nature of conducting an investigation, confidentiality cannot be guaranteed. Reports will be distributed only to persons having a need or right to know. Employees involved in any investigations, whether as claimant or alleged harasser, witness or investigator, should keep all discussions or communications confidential. Harassment investigation files will remain separate and apart from personnel files. Neither the claimant nor the alleged harasser has a right to the contents of these files. Any personnel action, such as discipline resulting from an investigation shall be filed in the employee s personnel files.

43 Penalties & Violations Penalties and Violations: Haywood County has a zero tolerance policy. Valid complaints which meet the definition i i of harassment will be considered d conduct unbecoming to a public officer or employee and will result in immediate discipline of the offender up to and including suspension, demotion or dismissal. Disciplinary action for retaliation against an employee for reporting harassment will be severe and swift, and may include termination of employment. H dc t illtk it di ili ti Haywood County will take appropriate disciplinary action when a bad faith accusation, dishonest complaint or report of harassment has been found.

44 Appropriate Workplace Behavior Pop Quiz Ready for a challenge? Take the Appropriate Workplace Behavior Quiz and see how savvy you are about effective behavior at work. Write down the answers on a page of paper and then see the last page to find out how you did. 1. Yuri Anders and Elsa Engle are unrelated employees of Swedish descent. Yuri is well-known for his "Swedish" jokes, some of which are slightly off-color. Elsa tries to be a good sport, but she quickly tires of Yuri making fun of her native country. When she hints around for Yuri to knock it off, he tells her, "Hey, lighten up. I'm making fun of myself. If I'm a Swede and don't mind Swedish jokes, neither should you." Yuri's behavior is: a. illegall b. inappropriate c. okay, since he making fun of his own cultural background d. effective, since he is showing his new colleagues that he has a sense of humor 2. Elena is John's supervisor. Due to a stringent deadline, Elena and John have had to work closely over the past three months and they have gradually developed romantic feelings for each other. They start dating. However, when word gets back to human resources, the Director is concerned about the impact this could have on work. His number one concern is likely to be: a. perception of favoritism on the part of other employees b. possibility of retaliation if the relationship ends c. conflict of interest between job responsibilities and personal feelings d. John and Elena will show affection toward each other at work e. All of the above 3. Karen and Rick are Department Heads who dated for six months. When Rick breaks up with Karen, she is devastated and determined to win Rick back. She frequently stops by his desk at work to ask him to get together and "talk" about the relationship, she leaves letters reminding him or the good times they have had, and, the other day, she was so upset she interrupted his meeting with a customer. Rick has often told Karen that he wants to have a good relationship with her but that, alas, his romantic feelings have died. Karen's behavior could be: a. annoying to Rick and other employees b. inappropriate but since Rick welcomed her advances at one time, not sexual harassment c. sexual harassment d. appropriate -- Karen knows what she wants and is determined to get it

45 Appropriate Workplace Behavior Pop Quiz 4. Computer programmers are often hunched over a computer all day, so a group of them decide to give each other backrubs at the end of the day. Both male and female computer programmers participate and everyone seems to enjoy it. In the course of the back rubs, some one starts kidding around and making sexual jokes; for example, one of the programmers jokingly says "this isn't the only thing I'd like to rub." When one employee complains about the teasing "going over the line," the other employees tell her she shouldn't have participated if it was going to bother her and tell her she is certainly free to stop now, but the comments continue. This reaction to the employee's complaint is: a. appropriate since the complaining employee was a willing participant in the backrubs b. a good defense since they gave her an option to avoid offensive behavior c. legally risky for the back-rubbing employees and the company d. sexual harassment 5. Ross just got an at work from a colleague in France. It contained the funniest sexual cartoon he has ever seen and he wants to pass it along to his good friend and coworker, Randy, whom he knows will think it is funny, too. Unfortunately, Randy makes a mistake and forwards the to all company employees. Randy: a. has unintentionally put himself and the company at legal risk b. should apologize to employees and ask them to delete the cartoon immediately c. is a victim of cultural differences d. a and b

46 Appropriate Workplace Behavior Pop Quiz 6. Yu Li is a new employee. His manager, Sharon, wants to help him feel at home at the company and invites him to accompany her family for Sunday church services. She also wants to show Yu Li how important her religious beliefs are to her and to introduce him to the Christian religion. Yu Li accepts because he does not want to cause his manager to "lose face" by declining her invitation but he is uncomfortable with a religion that is so different from his. Sharon, encouraged by Yu Li's attendance at her church, begins to regularly minister to Yu Li and gives him a Bible after his performance review. Sharon's behavior is an example of: a. inappropriate workplace behavior -- need to keep religion and work separate b. religious discrimination -- Yu Li is being discriminated against because of his religion c. appropriate workplace behavior -- Yu Li seemed interested in Sharon's religion and she's cueing off of his behavior d. sexual harassment -- managers should not socialize with employees outside of work 7. The number one reason most individuals file harassment or discrimination complaints is: a. money b. revenge c. to cover up their poor work performance d. none of the above

47 Appropriate Workplace Behavior Pop Quiz Answers 1. B. Inappropriate workplace behavior. More than one person has gotten into trouble thinking he or she could tell a racial or gender-based joke as long as it was targeted toward his or her own race or gender. The fact that homesick Elsa is also sick of Yuri's jokes should be a strong incentive for Yuri to reconsider his humor strategy; if he doesn't, his behavior could cross the line from inappropriate to illegal. 2. E. All of the above. Studies show that a manager dating an employee he or she also supervises is bound to create a perception of favoritism in the eyes of other employees, even if the manager makes every effort not to favor his love interest. In addition, the confusion between personal and professional feelings can lead to actions that might be considered harassment or discrimination, especially if hurt feelings result in a negative impact on someone's job. It is likely that their HR Director or immediate supervisor would advise that t they Discontinue the reporting relationship. The main reason a company has any right to interfere with an employee's love interest is the potential impact this might have on work. Most companies handle the dating relationship by making sure no one directly reports, or supervises, someone he or she is dating. Third party sexual harassment and a stressful work situation could also be created for other workers. The courts have clearly found that, if the sexual behavior directed towards other employees begins to adversely impact someone else's work, then this could be an example of third party sexual harassment. At the very least, this situation is inappropriate, stressful, and likely to lower all of the employees' job motivation. 3. C. Sexual harassment. When one person breaks up with another person, any continued dating behavior is unwelcome. If the behavior begins to interfere with the person's ability to do his or her job, this could be sexual harassment. 4. May be either C or D. Legally risky at best, sexual harassment at worst depending upon further details. Everyone has a personal comfort zone, and when a person gets outside of his or hers, s/he has the right to say so. Just because a person doesn't mind backrubs doesn't mean she likes or has to tolerate, sexual innuendoes. Warrants careful investigation. 5. D. Has unintentionally put himself and the company at legal risk, and should first notify his supervisor and/or IT, and send out an apology. s may be the magic answer to international communication challenges, but they can be a human resource nightmare; as Randy found out, one push of the wrong key can have far-reaching consequences. Employees are much better off getting cartoons from friends on a home computer. 6. A. Inappropriate workplace behavior. Managers often don't realize the pressure employees feel to do what is asked of them, even if the request is meant to be purely option. In addition, cultures vary greatly in their value and respect for authority; some employees would have a very difficult time discussing their discomfort with their managers. Because of these factors, and the highly personal nature of religion, it is best to keep religion and management separate. 7. D. The number one reason individuals file sexual harassment complaints is to get the behavior to stop. Well over 99% of all complaints are resolved either between the individuals involved or through company policy and procedure (with no money changing hands!).

48 How Did You Do? Add up the number you answered correctly and then see how you rate! 6-7 correct. If you answered 5 or more correctly, you are a role model! You are right on top of the social and legal changes that have happened over the past five years, and have adjusted your behavior accordingly. Be a leader -- we're looking for a few good men and women like you! 4-5 correct. If your score falls between 4 and 5, you are in good company. Most employees and managers score in this range. 1-3 correct. If your score falls below 4, you are a learning opportunity waiting to happen! If the recent legal and social changes have left you scratching your head in puzzlement, there are many resources available through HR and the internet to assist you.

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