Preventing Discrimination and Harassment PREVENTING DISCRIMINATION AND HARASSMENT

Preventing Discrimination and Harassment PREVENTING DISCRIMINATION AND HARASSMENT Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment WELCOME This training course was developed by We. Comply, a leading provider of ethics and compliance training since 1999. The course is also available online from any Internet-connected computer. We. Comply offers 60+ courses on a wide range of business ethics and compliance topics. Each course helps employees spot key compliance issues and respond appropriately. This course is designed and licensed for classroom use in parallel with We. Comply's online course on the same topic. This course may not be hosted on a learning management system or distributed to employees individually by electronic or other means without We. Comply's prior authorization. For more information about this course or others, whether for classroom use or online access, please e-mail info@wecomply. com or call 1 -866 -We. Comply. Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment INTRODUCTION We are committed to providing a work environment in which all employees are treated with respect and dignity. We believe that every employee has the right to work in a professional atmosphere that promotes equal opportunity and discourages discrimination and harassment. This course will help you understand recognize workplace discrimination and harassment and deal with it appropriately. If you have questions about how any of this information applies to you, please direct them to your supervisor or Human Resources. 1 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment REASONS FOR CONCERN Three reasons for concern: • To maintain a productive work environment • To comply with the law • To comply with our policy Employees who engage in discrimination and harassment will be disciplined, which could include being terminated 2 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment ANTI-DISCRIMINATION LAW AND POLICY Anti-discrimination laws: • Title VII of the Civil Rights Act − Race, color, sex, religion or national origin • Other federal laws − Pregnancy, age, disability and genetic information • State and local laws − Creed, marital status, sexual orientation, gender identity, ancestry, arrest or conviction record, status as a victim of domestic violence, military service, and HIV/AIDS status, etc. Our policy prohibits an even broader range of discriminatory conduct 3 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment ANTI-DISCRIMINATION LAW AND POLICY (CONT’D) Anti-discrimination laws: • Title VII of the Civil Rights Act − Race, color, sex, religion or national origin • Other federal laws − Pregnancy, age, disability and genetic information • State and local laws − Creed, marital status, sexual orientation, gender identity, ancestry, arrest or conviction record, status as a victim of domestic violence, military service, and HIV/AIDS status, etc. Our policy prohibits an even broader range of discriminatory conduct 4 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment TYPES OF HARASSMENT Quid pro quo harassment • Supervisor uses a subordinate's submission to sexual advances as a basis for employment decision Hostile environment harassment • Comments, jokes or other conduct creates a hostile, offensive or threatening work environment • Anyone can create a hostile environment — coworkers, customers, etc. The law and our policy prohibit both types of harassment 5 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment TYPES OF HARASSMENT (CONT’D) Quid pro quo harassment • Supervisor uses a subordinate's submission to sexual advances as a basis for employment decision Hostile environment harassment • Comments, jokes or other conduct creates a hostile, offensive or threatening work environment • Anyone can create a hostile environment — coworkers, customers, etc. The law and our policy prohibit both types of harassment 6 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment SEXUAL HARASSMENT Sexual harassment may include — • Unwelcome sexual advances • Requests for sexual favors • Other verbal or physical conduct of a sexual nature Additional factors: • Conduct must be based on gender • Conduct must be objectively offensive • Conduct typically must be severe and/or pervasive 7 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment SEXUAL HARASSMENT (CONT’D) Sexual harassment may include — • Unwelcome sexual advances • Requests for sexual favors • Other verbal or physical conduct of a sexual nature Additional factors: • Conduct must be based on gender • Conduct must be objectively offensive • Conduct typically must be severe and/or pervasive 8 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment CONDUCT TO BE AVOIDED Conduct that could create a hostile environment: • Making sexually explicit jokes • Posting sexually explicit material on Facebook, Twitter, etc. • Making repeated requests for a date with someone who is not interested • Making suggestive, insulting or obscene comments • Massaging someone on any part of his/her body • Discussing sexual thoughts, fantasies or activities • Displaying sexually explicit magazines, cartoons, etc. • Leering or making catcalls or sexual gestures 9 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment OTHER PROTECTED CHARACTERISTICS • Discrimination and harassment based on race, disability, age, national origin, color, religion, pregnancy and genetic information are also prevalent • Employees may be disciplined for discrimination or harassment based on any characteristic protected under federal, state or local laws • Every employee deserves to be treated with civility, dignity and respect • Bullying — i. e. , threatening, intimidating or otherwise abusive conduct — is also grounds for discipline 10 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment IN THE NEWS… Telecom Called Out on Bias JURY AWARDS $10 MILLION IN PUNITIVE DAMAGES FOR AGE BIAS A New Jersey jury awarded $10 million in punitive damages and $743, 000 in compensatory damages for age discrimination against a major telecommunications company. The suit alleged that the employee in question was fired as part of a purge to replace eight employees, whose average was 49, with those mostly 15 years younger. The alleged firings were carried out by a new department manager. Although performance was cited as the reason, one of the alleged firings was against a "superstar" worker who had been with the company for 22 years. 11 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment CONDUCT TO BE AVOIDED Conduct that could create a hostile environment: • Referring to older employee as "over the hill, " "an old fogey, " etc. • Assuming that older employees have limitations on their hours or duties • Using slang to refer to employees of different races, religions, etc. • Making fun of the accent of employee of a particular race or national origin • Discussing an employee's physical or mental limitations • Revealing an employee's medical condition to others 12 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment CONDUCT TO BE AVOIDED (CONT'D) Conduct that could create a hostile environment: • Shouting, making spiteful remarks or using "fighting words" • Pounding on desks, slamming doors or otherwise acting in intimidating or threatening way • Ridiculing, belittling or otherwise demeaning others • Intentionally excluding someone to "freeze" him/her out • Threatening anyone with physical or psychological harm • Using deception to sabotage or discredit another's performance 13 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment IN THE NEWS… "Shock Jock" or "Shock Jerk"? VULGAR REMARKS TO BOTH MEN AND WOMEN WERE HARASSMENT A federal appeals court ruled that offensive, gender-specific comments can create a hostile work environment for women even if the remarks are directed at men and women alike. A female doctor complained of sexual harassment when the owner of the medical clinic, a self-described "breast man, " made comments about her body and her marital sexual relationship. The court rejected the owner's defense — that he was a "shock jock" who made crude remarks not just to women, but also men — and found that a jury could reasonably conclude that his commentary was intended to demean and embarrass women. 14 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment E-HARASSMENT Modes of e-harassment include — • E-mail and instant-messaging • Blogs, Facebook, Twitter, etc. Statistics: • 10% of employees use IM at work for sexual or pornographic chat • 27% of organizations have faced sexual eharassment claims • 26% of employers have terminated employees for eharassment • 70% of porn web traffic occurs during business hours 15 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment IN THE NEWS… "Textual" Harassment Grows SHORT MESSAGES ARE LONG ON HARASSMENT AND BULLYING EVIDENCE As text-messaging increases in popularity, so do the number of claims of workplace harassment and bullying using text messages as evidence. Since "textual" harassment and "cyber-bullying" are done in writing that is stored electronically, those claims are easier to prove. In California, at least, a claimant generally must show that the harasser sent a subsequent offensive message after being asked to stop. But if the message is physically threatening or obscene, just one message may be considered harassment. 16 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment E-HARASSMENT (CONT'D) Limit non-work-related social-networking activity to personal or break time Always use a respectful, professional tone Never — • Access pornographic web sites • Send information that would violate anti-discrimination laws or policies • Post disparaging comments about our organization, a co-worker, customer, etc. • Use our computer network for activities or communications that we prohibit Think before you post! 17 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment E-HARASSMENT (CONT'D) Limit non-work-related social-networking activity to personal or break time Always use a respectful, professional tone Never — • Access pornographic web sites • Send information that would violate anti-discrimination laws or policies • Post disparaging comments about our organization, a co-worker, customer, etc. • Use our computer network for activities or communications that we prohibit Think before you post! 18 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment REPORTING DISCRIMINATION AND HARASSMENT If you see or experience discrimination or harassment: • Report the conduct • Tell the person that you consider his/her conduct unwelcome and would like it to stop We will — • Conduct a prompt and thorough investigation • Take corrective action • Keep your complaint confidential to the extent possible 19 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment RETALIATION You will not lose your job or be disciplined if you report what you reasonably and in good faith believe to be discrimination or harassment • Retaliation is prohibited by our policy and the law • An employee whose complaint or report is unreasonable may be disciplined or terminated Employees who engage in unlawful retaliation will be disciplined 20 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment MAINTAINING A RESPECTFUL WORK ENVIRONMENT How you can contribute to a respectful and pleasant work environment: • Treat your co-workers with the respect that you wish to have from them • Apply same standards of workplace respect and dignity to offsite work functions • Report discrimination, harassment or other inappropriate conduct so we can investigate and take corrective action 21 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment FINAL QUIZ 22 of 22 Copyright © 2011 We. Comply, Inc. All rights reserved.

Preventing Discrimination and Harassment ABOUT WECOMPLY We. Comply is a leading provider of customized ethics and compliance training solutions. We are committed to providing the best-of-breed training content, technology and customer service. ü Specializing in ethics and compliance training since 1999 ü 60+ ethics and compliance training courses in 42 languages ü Content partners include the Association of Corporate Counsel (ACC), Proskauer Rose and White & Case ü 500+ clients of all sizes and in all industries Copyright © 2011 We. Comply, Inc. All rights reserved. 1 -866 -We. Comply

Preventing Discrimination and Harassment COURSE-DELIVERY OPTIONS We. Comply offers training courses in multiple delivery formats to reach all employees -- not just those with computers: ü Online – available 24/7 from any computer ü Mobile – tablets and smartphones ü Offline options when Internet access is unavailable: Ø Power. Point with presenter notes for classroom training Ø PDF booklets with tear-off certifications Ø CD-ROM/intranet with tracking via e-mail Ø Phone-based training and certification Copyright © 2011 We. Comply, Inc. All rights reserved. 1 -866 -We. Comply

Preventing Discrimination and Harassment ONLINE TRAINING BENEFITS While classroom training has certain advantages, it can be challenging to implement in large and/or geographically dispersed companies. Consider these advantages of online training: ü Better Attendance ü Higher Completion Rates ü Less Impact on Productivity ü Perfect for New Hires ü Convenient for Remote Locations ü Available in 42 Foreign Languages ü Easy Access to Courses ü Periodic Refreshers Copyright © 2011 We. Comply, Inc. All rights reserved. Blended Benefits Get the best of both worlds by providing classroom training where feasible and online training elsewhere – all centrally tracked and organized for easy monitoring and reporting.