Presented by: Cindy Wagner, Director of Crawford HR Services

Transcription

1 Presented by: Cindy Wagner, Director of Crawford HR Services

2 Lines Are Muted Use Arrow To Minimize Menu View Slides in Full Screen Mode Enter Questions for Q&A Session 2

3 In order to receive the HRCI* & SHRM** Credits: Must have signed in with your unique registration link Must attend the entirety of the webinar Must answer the applicable polls for HRCI credits An HRCI certificate with ID# will be sent to you upon completion of all of the above Make sure to add crawfordadvisors.com to your whitelist/safe senders list to receive all follow-up s *The use of this seal confirms that this activity has met HR Certification Institute s (HRCI) criteria for recertification credit pre-approval. This activity has been approved for 1 HR (General) recertification credit hours toward aphr, PHR, PHRca, SPHR, GPHR, PHRi, and SPHRi recertification through HRCI. **Crawford Advisors is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP or SHRM-SCP. This program is valid for 1 PDC for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit shrmcertification.org. 3

4 Cindy Wagner, Director of Crawford HR Services Cindy possesses 30+ years of progressive and diverse human resources, compliance, and leadership experience that spans from start-up to established organizations. She has extensive hands-on experience leading HR initiatives including policy design, performance management, recruiting, compliance reporting, compensation, benefits administration, HRIS implementation, HR workflow development, leadership development and training, safety management, mergers and acquisitions, and payroll administration. Cindy s employment history includes positions in both the private and public sectors supporting employers with employee populations of 100 7,500 employees. Her vast level of expertise includes seven recent years as a Vice President of Human Resources and Payroll Services in a leadership and operations role. Cindy is focused on providing human resources strategic based solutions and compliance support to our clients. She is active in the HR business community and is a member of SHRM, CHRA, CC SHRM and the Hunt Valley Business Forum. 4

5 Define harassment Discuss proactive measures to help avoid inappropriate workplace behavior Understand what to do when harassment occurs Discuss tips to avoid retaliation claims Roles and responsibilities regarding complaints of workplace harassment 5

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7 Grassroots campaign started in 2006 promoting empowerment through empathy among women of color who have experienced sexual abuse, particularly within underprivileged communities. October 2017 Me Too and #metoo spread virally on social media to denounce sexual harassment in the wake of sexual misconduct allegations against Hollywood movie producer, Harvey Weinstein. 7

8 Charges Alleging Sex-Based Harassment (Charges Filed with EEOC) FY 2010 FY 2017 This table shows charge data for sex-based harassment allegations, including charges alleging sexual harassment. Charges filed with state or local Fair Employment Practices Agencies are not reflected in these numbers. FY Receipts 12,695 12,461 12,569 12,379 12,146 12,573 12,860 12,428 Source: 8

9 Charges Alleging Sex-Based Harassment FY 2010 FY 2017 This table shows charge data for sexual harassment allegations, i.e., harassment of a sexual nature (harassment allegations are only included if they are also alleged in a charge). This table has been harmonized with other data on this site and only show charges filed with the EEOC. For tables from earlier fiscal years showing charges filed both with the EEOC and also with Fair Employment Practice Agency partners, go to Sexual Harassment Charges (EEOC & FEPAs Combined). FY Receipts 7,944 7,809 7,571 7,256 6,862 6,822 6,758 6,696 % of Charges Filed by Males 16.2% 16.1% 17.8% 17.6% 17.5% 17.1% 16.6% 16.5% Resolutions 8,959 9,195 8,924 7,758 7,037 7,289 7,433 7,511 Resolutions by Type Settlements Withdrawals w/ Benefits Administrative Closures No Reasonable Cause Reasonable Cause Successful Conciliations Unsuccessful Conciliations Merit Resolutions 995 1, % 11.3% 10.9% 11.3% 11.2% 11.4% 9.4% 8.8% % 5.7% 6.0% 6.7% 7.5% 8.2% 8.0% 7.8% 2,086 1,962 1,892 1,763 1,637 1,690 1,701 1, % 21.3% 21.2% 22.7% 23.3% 23.2% 22.9% 21.6% 4,551 4,975 4,842 4,066 3,662 3,770 4,019 4, % 54.1% 54.3% 52.4% 52.0% 51.7% 54.1% 56.0% % 7.6% 7.6% 6.9% 6.1% 5.5% 5.7% 5.8% % 2.6% 2.7% 2.7% 2.2% 2.1% 2.6% 1.9% % 5.0% 4.9% 4.1% 3.9% 3.4% 3.1% 3.8% 2,322 2,258 2,190 1,929 1,738 1,829 1,713 1, % 24.6% 24.5% 24.9% 24.7% 25.1% 23.0% 22.4% Monetary Benefits (Millions)* $41.2 $45.1 $43.0 $44.6 $35.0 $46.0 $40.7 $46.3 * Does not include monetary benefits obtained through litigation. The total of individual percentages may not always sum to 100% due to rounding. EEOC total workload includes charges carried over from previous fiscal years, new charge receipts and charges transferred to EEOC from Fair Employment Practice Agencies (FEPAs). Resolution of charges each year may therefore exceed receipts for that year because workload being resolved is drawn from a combination of pending, new receipts and FEPA transfer charges rather than from new charges only. Source: 9

10 Discrimination a broader concept that involves the deprivation of employment opportunities because of an applicant s or employee s status as a member of a protected class. Harassment form of unlawful discrimination, and involves workplace behavior that results in a hostile work environment arising out of an employee s membership in a protected class. 10

11 Inappropriate behavior isn t wrong or illegal unless it s intended as sexual harassment. a. True b. False 11

12 In January 2017, the EEOC published Proposed Enforcement Guidance on Unlawful Harassment. Protected class of sex includes, but not limited to, sex stereotyping, gender identity, sexual orientation, and pregnancy, childbirth, or related medical issues. Reaffirms that EEOC will pursue harassment claims: Where alleged harassment occurred outside of the workplace; and For associated claims where alleged victims are not members of a protected class. 12

13 Unwelcome sexual advances Requests for sexual favors Other types of verbal, written, electronic or physical conduct of a sexual natures which affects an individual s employment or work performance, or creates a hostile, offensive or intimidating work environment 13

14 Quid pro quo Typically, Supervisors only (or those who can effectively influence major work decisions) Demonstrating tangible employment action against another party (victim) Involves a change in position or a monetary loss Hostile work environment Generally, anyone in the workplace including co-workers, clients, vendors, etc. Actions, communications or behavior are severe in nature to create an abusive or hostile work environment Explicit or suggestive items that are electronically transmitted, i.e., , texted, electronically displayed or shared in the workplace that impact job performance or create an abusive or hostile work environment 14

15 Quid pro quo Have sex with me or you ll get fired. Go out with me and I ll make sure you get promoted. Hostile work environment Inappropriate touching Indecent gestures Demeaning nicknames, i.e., honey, sweetie, etc. Off-color jokes Sabotaging work performance 15

16 Sexy calendars or pictures on workplace walls are not classified as sexual harassment, because they are considered personal items. a. True b. False 16

17 Definition per the EEOC: To demonstrate a hostile work environment, an employee must show: The conduct would be viewed objectively by a reasonable person to be abusive or hostile; and The employee subjectively perceives the environment to be abusive or hostile. Further the EEOC states Actionable Harassment must be severe or pervasive Severe one act can be sufficient Pervasive more frequent acts, but less than severe in nature and focused on the cumulative effect 17

18 Harassment is a form of employment discrimination. Harassment is unwelcome conduct based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. 18

19 Employees (all levels) Customers Vendors Spouses of employees Members of the same sex or opposite sex 19

20 Employees and non-employees Witnesses/bystanders 20

21 Cyberbullying is bullying behavior in the form of intimidation, threats, humiliation and harassment that takes place through the use of computers, cellphones or other electronic devices. This harassing conduct can affect employees inside and outside the workplace 21

22 An employee can ask a co-worker out on a date. a. True b. False 22

23 Why is sexual harassment prevention important in the workplace? Sexual harassment impacts all employees Company mission statement Corporate values Corporate commitment to compliance 23

24 Measures to avoid inappropriate workplace behavior: Properly defined company policy and procedure Corporate awareness and support of policy and procedure Training, training, training Clearly state that harassment is prohibited and will not be tolerated Then walk the talk! 24

25 Company policy and procedures include: Objective state corporate commitment to a work environment free of harassment (all types) in which all individuals are treated with respect and dignity. Employee Rights outline employee s right to work in a professional atmosphere promoting equal employment opportunities and prohibits unlawful discriminatory practices. EEO Statement include a statement to reflect the EEO guidelines for employer to operate without discrimination or harassment on the basis of race, color, religion, sex, sexual orientation, gender, identity or expression, age, disability, marital status, citizenship, national origin, genetic information, or any other characteristic protected by law. Retaliation statement regarding corporate position concerning retaliation claims. Sexual harassment define sexual harassment and provide examples. Harassment (other forms) define other forms of harassment and provide examples. Application define individuals who are covered/protected by policy. Reporting an incident of harassment, discrimination or retaliation clearly outline the procedure for reporting of incidents and strongly encourage reporting of all perceived incidents of discrimination, harassment or retaliation. Compliant procedure state the procedure to file a formal complaint and include responsible parties within management chain and HR. Appeal process include a process for appeals and include responsible parties. Publish policy and require employee acknowledgement 25

26 Corporate awareness and support of policy and procedure Education campaign highlight corporate message regarding antiharassment Communicate to all employees and new hires, and reinforce whenever possible 26

27 Training, training, training! At least 2 levels of training: Employees need to know the basics of respectful and professional behavior and where to turn if they become victims Management need to know the basics of respectful and professional behavior, plus focus on how to: End disrespectful conduct, Avoid liability, Handle complaints, Apply the investigation process, and Understand the anti-retaliation rules. Require employee acknowledgement form for training courses (both employees and managers) Special consideration for California employees state mandated training Walk the Talk! 27

28 An employee observes another employee being harassed. Even though the situation involved a co-worker, the observer can be considered a victim in this case. a. True b. False 28

29 What comes next for HR Professionals? Complaint procedure Harassment complaint/incident form Investigation procedure Investigation form Corrective action process Are your policies and forms in order? Harassment complaint resolution acknowledgement form Consensual relationship agreement Update employee handbooks 29

30 Retain records of: Employee acknowledgement of receipt of antiharassment policy and reporting procedure All harassment complaints All records of investigations 30

31 EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for: Filing or being a witness in an EEO charge, complaint, investigation, or lawsuit Communicating with a supervisor or manager about employment discrimination, including harassment Answering questions during an employer investigation of alleged harassment Refusing to follow orders that would result in discrimination Resisting sexual advances, or intervening to protect others Requesting accommodation of a disability or for a religious practice Asking managers or co-workers about salary information to uncover potentially discriminatory wages 31

32 Retaliation occurs when an employer punishes an individual for engaging in legally protected activity. Top tips to prevent retaliation: Train your managers, supervisors, and team leads on what retaliation is and how to avoid it Conduct mandatory training on discrimination, harassment, and retaliation for all employees on a regular basis Include an anti-retaliation policy in your employee handbook When an employee engages in protected activity, instruct the individual and all those involved that retaliation is prohibited Check back with employees who have engaged in protected activities to make sure they are not experiencing retaliation When considering any adverse action, review whether the person has opposed discriminatory behavior or participated in an EEO matter and weigh the retaliation risk carefully Clearly document your legitimate, non-retaliatory reasons for taking adverse action 32

33 It generally takes several incidents over a period of time to fully establish a hostile work environment. a. True b. False 33

34 What is HR s role in workplace harassment prevention? Sexual harassment is an issue that plagues much of the American workplace. It s something that companies should be diligent about preventing and know how to handle in the event a situation arises. This ultimately falls in HR s territory. Gain support from executive level management and/or ownership Encourage employers to take all reasonable steps to prevent harassment Effectively investigate complaints of harassment and provide prompt intervention Document all events and actions involved in process Maintain and communicate a unified message to all employees and managers Hold all employees, at all levels, accountable for their actions 34

35 If you have any further questions about the information discussed in this webinar please feel free to contact us at: Crawford Advisors, LLC HQ: 200 International Circle Suite 4500 Hunt Valley, MD Sweetbay Drive Suite 10 Salisbury, MD M.F. Irvine 21 East 5 th Avenue Conshohocken, PA Stoudt Advisors 280 Granite Run Drive Suite 250 Lancaster, PA W. Executive Parkway Lehi, UT (800) Crawford HR Services (443) Download Slides Questions & Requests HRServices@crawfordadvisors.com 35