Paychex HR Services Client Seminar

Paychex HR Services Client Seminar Information for Employees Non Harassment

TABLE OF CONTENTS Learning Objectives...3 What s the Big Deal?...4 Defining Discrimination...5 The Relationship Between Discrimination and Harassment...8 Defining Harassment...9 Activity: Harassment (General)... 11 EEOC s Definition of Sexual Harassment... 12 Types of Sexual Harassment... 13 Activity: Sexual Harassment... 16 Examples of Conduct That May Be Unlawful... 17 Employee Responsibilities... 19 Steps to Take If You Believe You Have Experienced or Witnessed Harassment in the Workplace... 20 Activity: Employee Responsibilities... 21 Sample No Harassment Policy... 22 No Retaliation... 23 Summary... 24 Activity: Quiz Questions... 25 Professional Employer Organization (PEO) Services are sold and provided by Paychex Business Solution, LLC and its affiliates. The information in these materials, and that provided by the presenter, should not be considered legal or accounting advice, and it should not substitute for legal, accounting, and other professional advice where the facts and circumstances warrant. It is provided for informational purpose sonly. If you require legal or accounting advice, or need other professional assistance, you should always consult your attorney, accountant, or other professional advisor to discuss your particular facts, circumstances, and business needs. 2014-2016 Paychex, Inc. All rights reserved. #152323 Paychex HR Services Client Seminar 1 2016 Paychex, Inc. All rights reserved.

LEARNING OBJECTIVES During this training, you will: define discrimination and protected classes discuss types of discrimination, including harassment define harassment, including sexual harassment review examples of potentially unlawful conduct review your responsibilities as an employee with respect to harassment discuss steps to take if you believe harassment has occurred discuss the company s formal complaint procedures, and review the definition of retaliation. Paychex HR Services Client Seminar 3 2016 Paychex, Inc. All rights reserved.

WHAT S THE BIG DEAL? Harassment is a serious matter that can affect not only the victim, but also the workplace environment. Unfortunately, subtle forms of harassment might not always be recognizable, and often people don t know how to handle it when it occurs. Statistics show an alarming number of harassment claims filed each year by employees, resulting in staggering monetary benefits paid and tremendous costs incurred by their employers.? Negative impacts of workplace harassment include: Illegal harassment is a form of discrimination. In the next section, we ll begin by defining discrimination and reviewing some examples. Paychex HR Services Client Seminar 4 2016 Paychex, Inc. All rights reserved.

DEFINING DISCRIMINATION The exact definition of unlawful discrimination may differ depending on the enforcing agency and the courts. However, discrimination in employment may be broadly defined as treating a member of a protected class (which could be an applicant or an employee) less favorably than others because of the person s membership in that group. There are several types of discrimination, such as: differential treatment unintentional discrimination, and harassment. Non-discrimination principles apply to all aspects of the employment relationship, working conditions in general, and a wide variety of employment decisions including: hiring training promotions work assignments transfers compensation layoffs discipline, and/or discharge (including constructive discharge). Working conditions generally refers to the workplace environment. It s important to provide a work environment where employees do not feel intimidated, unfairly treated, or segregated from others based on membership in a protected class (race, color, religion, sex, age, national origin, etc.). When working conditions become so intolerable due to some unlawful reason, including harassment, that an employee feels compelled to resign, he may have a claim of constructive discharge. Constructive discharge is based on the reasonable person standard. (A reasonable person would feel compelled to resign their employment rather than continue under those working conditions.) Discrimination, including harassment, is unlawful when based on a protected class. As previously mentioned, it can affect not only the victim, but also the workplace environment leading to lost productivity, decreased morale, group conflict, damaged careers, and reputational risk for the company. Paychex HR Services Client Seminar 5 2016 Paychex, Inc. All rights reserved.

SCENARIO Tom is a model employee who is relied upon by his manager, Sue, to mentor and train new employees. The last three times a promotion opportunity has come up, Tom applied, but the promotion was given to one of the female employees Tom had trained. In this example, Tom may feel that he is being discriminated against in the promotion process because he is a male. On this basis, Tom may have grounds for a gender discrimination claim. But, can this be considered unlawful harassment? PROTECTED CLASSES The Equal Employment Opportunity Commission (EEOC) is the federal agency that oversees enforcement of some of the key federal anti-discrimination laws, including those prohibiting harassment (http://www.eeoc.gov/laws/types/). Some of the laws enforced by the EEOC include, but are not limited to: Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, national origin, or sex. This law applies to employers with 15 or more employees. The Pregnancy Discrimination Act amended Title VII, making it illegal to discriminate against women because of pregnancy, childbirth, or a related medical condition. The Age Discrimination in Employment Act (ADEA), which prohibits discrimination based on age (40 or over). This law applies to employers with 20 or more employees. The Americans with Disabilities Act (ADA), which prohibits discrimination based on physical or mental disabilities. This law applies to employers with 15 or more employees. The Genetic Information Non-Discrimination Act (GINA), which prohibits discrimination based on genetic information. This law applies to employers with 15 or more employees. Paychex HR Services Client Seminar 6 2016 Paychex, Inc. All rights reserved.

FEDERAL PROTECTED CLASSES Federal law prohibits harassment and discrimination in employment based on : age (40 and over) disability genetic information national origin pregnancy race/color religion sex/gender, or veteran status. State and/or local anti-discrimination laws may include additional protected classes. Paychex HR Services Client Seminar 7 2016 Paychex, Inc. All rights reserved.

THE RELATIONSHIP BETWEEN DISCRIMINATION AND HARASSMENT Harassment is a form of discrimination based on a protected class that is prohibited by federal, state, or local laws. Therefore, when we discuss harassment, it is necessary to understand discrimination. Both discrimination and harassment can be unlawful. Each can affect not only the victim, but also the workplace environment, leading to group conflict, damaged careers, and public embarrassment for the company. The effect on the workplace environment is shared. But how are discrimination and harassment different? Let s continue by defining harassment. Paychex HR Services Client Seminar 8 2016 Paychex, Inc. All rights reserved.

DEFINING HARASSMENT The EEOC defines harassment as follows: Harassment is a form of employment discrimination that can violate Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and/or the Americans With Disabilities Act of 1990 (ADA). Unlawful harassment is unwelcome conduct based on a protected class where: enduring the offensive conduct becomes a condition of continued employment, or the conduct is so severe or pervasive as to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. The following is a workplace example of potential unlawful harassment to help you better understand what it can look like: Dan works with a small team in a manufacturing environment. The team is a tight-knit group that often has to pull together to meet deadlines and get the job done. When stress levels are high, they often use humor to break the tension; this includes some good natured ribbing of each other. The jokes used to be fairly evenly distributed among team members, but somewhere along the line, someone learned that Dan has been seeing a psychiatrist and is dealing with mental illness. Since then, most of the joking seems to be directed at Dan, with comments like don t go nuts over it, Let s not get crazy, or take a pill. Yesterday, Dan logged onto his computer and was extremely upset to see that someone had changed his background screen from a picture of his family to a picture of a man wearing a straight-jacket. Dan previously told the group that he didn t find the jokes to be funny, but he doesn t want to be the one to mess up the group dynamic by complaining. This is an example of a situation that may be considered workplace harassment based on a disability, and a violation of the American s With Disabilities Act or similar state/local law. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws. Paychex HR Services Client Seminar 9 2016 Paychex, Inc. All rights reserved.

DEFINING HARASSMENT (CONT.) When it comes to harassment, it is important to note that, while unlawful harassment is a form of discrimination, not all discrimination claims are necessarily considered harassment. Unlawful harassment can be present when unwelcome behavior occurs and the behavior is based on a protected class. However, harassment claims are fact-specific and one unwelcome comment may not always rise to the level of unlawful harassment. Do you remember Tom from the earlier example? 1. Tom was repeatedly overlooked by his manager (a woman) for a promotion. Each person who was promoted instead of Tom was a woman who Tom trained. Is this harassment? 2. What if the last person promoted did not have Tom s qualifications and is female? 3. What if Tom had an email from his manager stating that he would only get a promotion if he went out on a date with her? Paychex HR Services Client Seminar 10 2016 Paychex, Inc. All rights reserved.

EEOC S DEFINITION OF SEXUAL HARASSMENT Let s shift our focus from harassment, in general, to sexual harassment. Due to the prevalence of allegations of sexual harassment, we ll cover the topic of sexual harassment in more detail. The EEOC has provided guidelines for defining sexual harassment. Sexual harassment is: unwelcome sexual advances requests for sexual favors, or other verbal or physical conduct of a sexual nature when the conduct: explicitly or implicitly affects an individual s employment unreasonably interferes with an individual s work performance, or creates an intimidating, hostile, or offensive work environment. The definition of sexual harassment under state laws may be more comprehensive. Paychex HR Services Client Seminar 12 2016 Paychex, Inc. All rights reserved.

TYPES OF SEXUAL HARASSMENT There are two types of sexual harassment: quid pro quo, and hostile work environment. QUID PRO QUO (THIS FOR THAT) Quid pro quo sexual harassment is when sexual favors are demanded in return for a tangible job benefit, for example, a promotion, or when the employee is threatened with discharge, demotion, or some detrimental impact on his employment for failing to meet a sexual request. This type of sexual harassment generally involves a supervisor, manager, or other person in authority. The following scenario could be an example of a quid pro quo situation: Jenny is an accounting assistant at her company and has been working for her manager, Mike, for three years. For the past year, during most of Jenny s one-on-one meetings with Mike, she finds that he tends to sit close to her on the same side of the table. He frequently touches her shoulder and brushes her hair to the side with his hand when they review documents. He also regularly comments on her physical appearance, sometimes in great detail. Recently, during one of these meetings, Mike told Jenny what a great job she s doing and how he would promote her if she could think of a way to help him, too. When he said this, he placed his hand on her leg. Jenny is very upset and uncomfortable with Mike s behavior, but is worried if she tells him to stop or doesn t go along with his suggestive behavior, that she could lose her job. This example may be considered sexual harassment due to Mike s frequent and inappropriate physical behavior and comments, as well as his suggesting that a promotion was available in exchange for sexual favors.? Who is typically the perpetrator of quid pro quo harassment? Paychex HR Services Client Seminar 13 2016 Paychex, Inc. All rights reserved.

HOSTILE WORK ENVIRONMENT A hostile work environment can be described as an intimidating, hostile, or offensive working environment where an employee is subjected to unwelcome, gender-based sexual conduct that is pervasive or severe enough to alter the terms or condition of the person s employment. The more severe the conduct, the less frequently it likely has to occur to be considered a hostile environment. Unwelcome verbal or physical conduct based on gender can also be the basis of a claim of sexual harassment.? Does a hostile work environment have to be caused by a manager? _ Let s take a look at what a hostile work environment could look like. Megan is a customer service representative at a wholesale distributor. Jim, an employee of one of her company s biggest customers, comes to the distribution center weekly to pick up orders. When he does, he always waits for Megan to be available so she can wait on him. For some time, Megan didn t think anything of her interactions with Jim. They might joke or flirt a little when he would come in, but that was all it was. More recently, Jim asked Megan out on a date. Megan said no, letting Jim know she was in a committed relationship, and was not interested in dating anyone else. Jim isn t taking no for an answer. Every week, he asks her if she is ready to go out with him. Megan is tired of having to tell Jim no, and although she mentioned her concern to her supervisor, she doesn t want to keep complaining; Jim s company is a very important customer. This example may be considered unlawful sexual harassment due to Jim s unrelenting, unwanted advances. Megan is entitled to be protected from unlawful harassment regardless of the fact that Jim is not a fellow employee, but rather, a customer. Paychex HR Services Client Seminar 14 2016 Paychex, Inc. All rights reserved.

HOSTILE WORK ENVIRONMENT CONT. As we just defined, hostile work environment sexual harassment is often characterized by conduct which is sufficiently severe or pervasive to alter the conditions of [the victim s] employment and create an abusive working environment. The guidance also indicates that in determining whether conduct rises to this level, it should be evaluated from the objective standpoint of a reasonable person standing in the shoes of the victim. A reasonable person is a person with an ordinary degree of reason, prudence, care, foresight, or intelligence whose conduct, conclusion, or expectation, in relation to a particular circumstance or fact, is used as an objective standard by which to measure or determine something. Each company and situation has to be looked at independently. What is reasonable for one company may not be reasonable for another company. Paychex HR Services Client Seminar 15 2016 Paychex, Inc. All rights reserved.

EXAMPLES OF CONDUCT THAT MAY BE UNLAWFUL Unlawful harassment may be based on sex, race, religion, color, national origin, age, disability, or any other protected class at the federal, state, or local level. These are a few examples of conduct that may be considered unlawful. This is not an all-inclusive list. offensive jokes, pictures, and/or comments rude treatment of women/men because of gender (including same sex harassment) unwanted invitations, notes, and/or flirtations sex as an implied condition for promotion harassment after breakup of a relationship between employees? Examples of verbal harassment include: For example, every time Cindy is in the break room she overhears Bill telling jokes about Latino people. Bill openly tells these jokes, sometimes daily, often using inappropriate language. Bill is not aware of his surroundings or concerned about who hears these jokes. No one else seems to be bothered by the jokes, but Cindy finds them offensive. In this situation, Cindy is offended by the ethnically-geared jokes, which reasonably could be considered to be harassing conduct in light of their frequency.? Examples of non-verbal harassment include: Paychex HR Services Client Seminar 17 2016 Paychex, Inc. All rights reserved.

EXAMPLES OF CONDUCT THAT MAY BE UNLAWFUL CONT. A member of Greg s team sends out a daily email each morning in an effort to boost morale. Sometimes the content is inspirational or funny, but other times the emails have included content of a sexual nature which Greg doesn t think is appropriate for work. He has asked to be removed from the email distribution list, but his team member hasn t gotten around to it. Greg s co-worker doesn t think it s a big deal because it s just a joke and everyone knows it. When Greg sees the emails, he is uncomfortable and feels offended. Even though the emails weren t directed at, or about, Greg, it doesn t matter. It s just a joke is no defense. When it comes to harassment, in addition to whether the conduct is reasonably interpreted as offensive, it is not the intent of the initiator of the behavior, but rather the impact of the behavior on the recipient that matters. Paychex HR Services Client Seminar 18 2016 Paychex, Inc. All rights reserved.

EMPLOYEE RESPONSIBILITIES Follow these best practices to help prevent workplace harassment: Avoid engaging in behavior that may be considered harassment. Use good judgment, and common sense, in dealing with others. Even if you do not find such conduct personally offensive, some of your co-workers might. Follow company policies! Avoid engaging in behavior that can in any way be demeaning, embarrassing, or offensive to others. If another employee informs you that something you have said or done has made him feel uncomfortable, do not repeat the behavior. Correct harassment situations by acting in a prompt, fair, and confidential manner. Ask the harasser to stop or report any instance of harassment to one of the people indicated in your company s No Harassment policy. This includes harassment that is directed towards you or a co-worker. Be aware of your behavior toward any employee who may have complained of harassment. You are part of a team and must be supportive of each other in all aspects of work. The fact that someone files a complaint of harassment does not mean that he is disloyal to the team; it means he needs, and deserves, to work in a positive environment. Retaliation for any complaint of harassment is illegal and strictly prohibited. Your company is committed to protecting the confidentiality of employees reporting suspected violations of unlawful harassment to the extent possible, consistent with their investigation. If you are involved in a harassment investigation, your supervisor will explain your responsibility as part of the investigation, where applicable. Paychex HR Services Client Seminar 19 2016 Paychex, Inc. All rights reserved.

STEPS TO TAKE IF YOU BELIEVE YOU HAVE EXPERIENCED OR WITNESSED HARASSMENT IN THE WORKPLACE Sometimes confronting the alleged harasser is all it will take to get the unwelcome behavior to stop. The alleged harasser may not be aware of how uncomfortable you are with their behavior. If you are not comfortable confronting the individual, then report the situation to the person(s) designated in your company s No Harassment policy. They will respond to the complaints of harassment in accordance with your company s procedures. Remember, your company can t stop harassment in the workplace if they aren t aware of these situations. Follow the steps summarized below and refer to your company s No Harassment policy if harassment occurs. Immediately tell the alleged harasser that the behavior is unacceptable and unwelcome. If you are unable to confront the alleged harasser or if the unwelcome behavior continues, immediately report the incident to one of the people indicated in your company s No Harassment policy. Paychex HR Services Client Seminar 20 2016 Paychex, Inc. All rights reserved.

SAMPLE NO HARASSMENT POLICY The following is a sample no harassment policy. Please refer to your company s No Harassment policy for specifics. If you have any concern that your No Harassment policy may have been violated by anyone, you must immediately report the matter. Due to the very serious nature of harassment, discrimination, and retaliation, you must report your concerns to one of the individuals listed in the policy. Management will investigate the report and then take prompt, appropriate remedial action. The Company will protect the confidentiality of employees reporting suspected violations to the extent possible consistent with the investigation. You will not be penalized or retaliated against for reporting improper conduct, harassment, discrimination, retaliation, or other actions that you believe may violate this policy. Management is serious about enforcing the policy against harassment. Persons who violate this or any other Company policy are subject to discipline, up to and including discharge. Management cannot resolve a potential policy violation unless they know about it. You are responsible for reporting possible policy violations to management so that they can take appropriate actions to address your concerns. Paychex HR Services Client Seminar 22 2016 Paychex, Inc. All rights reserved.

NO RETALIATION Title VII of the Civil Rights Act also forbids retaliation when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment. It is illegal to retaliate against people (applicants or employees) because they filed a charge of discrimination, because they complained to their employer or other covered entity about discrimination on the job, or because they participated in an employment discrimination proceeding, such as an investigation or lawsuit (http://www.eeoc.gov/employers/coverage.cfm). Unacceptable forms of retaliation may include: dismissal or demotion transfer or change in responsibilities without justification negative evaluation, and decrease in pay rate. Paychex HR Services Client Seminar 23 2016 Paychex, Inc. All rights reserved.

SUMMARY Every employee is responsible for their personal conduct. This includes conducting yourself and treating others with dignity and respect. As an employee, you have an obligation to support your company s harassment prevention programs, but this involves more than support for the policy. You have a responsibility to create an environment that is respectful to everyone. You control how you interact with your environment. Paychex HR Services Client Seminar 24 2016 Paychex, Inc. All rights reserved.

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