Harassment and Discrimination In The Workplace Marion Military

Harassment and Discrimination In The Workplace Marion Military Institute Human Resources Mrs. Carmon Fields Title IX Coordinator/Director of Human Resources

Introduction The potential for harassment, including sexual harassment and discrimination, exists in every workplace. � Harassment and discrimination of any kind can result in low morale, absenteeism, reduced productivity, employee turnover, etc. �

Learning Objectives Define harassment. � Know the different types of harassment. � Identify harassment in the workplace. � Know how to file a complaint. �

Definition of Harassment is abusive or hostile conduct which is directed toward or inflicted upon another person because of his or her race, color, religion, ethnicity, national origin, sexual orientation, age, disability, or veteran’s status. The harassment must be severe, pervasive, and objectively offensive, and the indifference systemic to the extent that the victim is deprived of educational/employment opportunities or services. Harassment is typically based on stereotyped prejudices and includes, but is not limited to, the striking, shoving, kicking, or otherwise touching or making physical contact in regard to another for the purpose of harassing, annoying or alarming; and/or directing abusive or obscene language or making an obscene gesture toward someone for the purpose of harassing, annoying, or alarming. Example: Making or using persistent derogatory comments, epithets, or slurs that place a person in a hostile fearful environment or where the person’s safety is in jeopardy.

Two basic types of unlawful harassment � Quid Pro Harassment-”This for That” � Hostile Work Environment Harassment

Quid Pro Quo Harassment”This for That” � � � Quid pro quo harassment generally results in a tangible employment decision based upon the employee’s acceptance or rejection of unwelcome sexual advances or requests for sexual favors, and other verbal or physical conduct of a sexual nature, by a person having power or authority over another constitutes sexual harassment when submission to such sexual conduct is made either explicitly or implicity a term of condition of rating or evaluating an individual’s educational or employment progress, development, or performance. This kind of harassment is generally committed by someone who can effectively make or recommend formal employment decisions (such as termination, demotion, or denial of promotion) that will affect the victim. Examples: Supervisor who fires or denies promotion to a subordinate for refusing to be sexually cooperative; Supervisor requires a subordinate to participate in religious activities as a condition of employment; Supervisor offers preferential treatment/promotion if subordinate sexually cooperates or joins supervisor’s religion.

Hostile Work Environment Harassment • • • A hostile work environment can result from the unwelcome conduct of supervisors, coworkers, customers, contractors, or anyone else with whom the victim interacts on the job, and the unwelcome conduct is determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity. Examples of behaviors that may contribute to an unlawful hostile environment include: Discussing sexual activities; Telling off-color jokes concerning race, sex, disability, or other protected bases; Unnecessary touching; Commenting on physical attributes; Displaying sexually suggestive or racially insensitive pictures; Using demeaning or inappropriate terms or epithets; Using indecent gestures; Using crude language; Sabotaging the victim’s work; Engaging in hostile physical conduct.

EXAMPLES OF HARASSMENT Quid Pro Quo “This for That” The supervisor in this photo gives an unexpected “Thank You” to her subordinate after he completes a report that she is responsible for. She tells him that “if you keep this up, you will get that promotion that you have been wanting. ” Do you think this is harassment? What would you do?

EXAMPLES OF HARASSMENT Inappropriate Touching/Invading Personal Space The people in this photo are co-workers of the same status. Paul frequently compliments Amy on her appearance. She has never objected to his compliments but the touching makes her uncomfortable. What should Amy do? Is this considered harassment? Did Amy encourage this behavior by not objecting to the compliments?

EXAMPLES OF HARASSMENT Bullying and Intimidation Jim is a recent college graduate and was just hired; he really needs this job. His boss, Alex, is the President of the company and believes that the younger generation does not work as hard as “baby boomers”. Jim likes technology and used his skills to shorten the steps in completing a weekly report. Alex does not like change and this photo above shows his reaction when Jim presented the report. What should Jim do? Can this be a form of harassment or discrimination?

EXAMPLES OF HARASSMENT Inappropriate Communication in the Workplace Are you at Risk? Patty is at work when she receives another e-mail with explicit photos from her friend Debra who also works at the college. She is so amused that she decides to send it to Sharon, even though Sharon has asked her to stop sending non work related emails. Sharon is horrified…. . but, Patty thinks that this is harmless and believes that surely Sharon would enjoy the photos as much as she did. What do you see as the potential outcome of this situation? Could this harmless act result in disciplinary action? Has Patty also put Debra’s job in jeopardy? What would you do if you were the supervisor and Sharon reported this to you?

EXAMPLES OF HARASSMENT Gossiping about Co-Workers Mike is sharing some juicy gossip about Katie and Eric with his friends. Katie’s friend Nancy overhears the conversation and tells her what was said. Katie’s Reaction…………. Katie insists that the rumors are not true but she is embarrassed and does not want to work here anymore. Should Mike be reported to the complaint department? Has a hostile work environment been created?

Harassment and discrimination is disrespectful, against company policy and can be illegal. I am who I am. Some of us do not mean any harm and we are just being who we are, but, if someone views our comments, gestures or e-mails as offensive we have put ourselves and possible others in jeopardy. We can greatly decrease or prevent possible harassment charges against us by doing two simple things…. Filter our language and actions at work.

BE THE SOLUTION!! To File a Complaint: • Any employee who believes he/she has been subjected to or observed: Ø discrimination based on race, color, national origin, religion, marital status, disability, sex, age or any other protected class as defined by federal and state law, Ø hostile work environment, Ø ethical violations or similar concerns, Ø criminal acts, Ø ACCS, College, or Chancellor policy or procedure violations, Ø or other legal-related issues, • Shall report the action immediately, and in no event less than ten (10) calendar days following the event, to the Title IX Coordinator, Human Resources, Director, or President. • The employee shall provide a written statement and any evidence the employee believes substantiates the complaint, and shall be required to assist in an appropriate investigation.

To File a Complaint Cont. • • The College shall designate an appropriate person to review and investigate the matter and may engage legal counsel for this purpose, as determined by the President. The review and investigation shall be conducted within 45 calendar days, but no later than 60 calendar days, unless extended by agreement of the complaining and responding parties. The President or his designee shall issue a written response to the reporting employee within 15 calendar days, but no later than 30 calendar days. Once the review and investigation has been completed, the written response will be final. � Let’s work together to prevent Discrimination and Harassment in the workplace.