Sexual Harassment Prevention Training Prevention Begins With You

Sexual Harassment Prevention Training Prevention Begins With You REVISED 10/03/17

HOUSEKEEPING • Respect: Self, Other Attendees, Facilitators • Visit DCRC for Personal Scenarios Center Building; (404) 612 -3735] [5 th Floor, Government • Turn Cell Phones Off • Training Materials: Slide Show, Policies, Acknowledgment Form, Evaluation Form • Sign in and out • No Food or Beverages

Why Is the Workshop Important • Continuing Legal Developments Governing Sexual Harassment in the Workplace • Lack of Knowledge is Not a Defense • County Departments/Staff Must Be Proactive to Reduce Sexual Harassment Liability through – Prevention – Discovery – Remediation • Personal Liability (Your Job Depends on It)

Course Objectives • Familiarize you with sexual harassment terms, definitions and concepts • Increase your knowledge of the County policies and federal laws prohibiting sexual harassment • Increase your knowledge of the personal and organizational liabilities and penalties associated with sexual harassment violations

Course Objectives Cont’d • Increase your knowledge of your rights and the steps that must be taken when confronted with sexual harassment in the workplace • Review the complaint process, reporting procedures and sanctions against retaliation • Raise awareness of the importance of the topic

Laws and Policies Prohibiting Sexual Harassment • Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on race, color, religion, sex and national origin. Enforced by Equal Employment Opportunity Commission (EEOC) and the courts • Supervisor Liability under Section 42 U. S. C. § 1983 – allows citizens to sue individual government final decision-makers (e. g. , supervisors and managers) for engaging in acts evidencing intentional or reckless disregard of citizens’ Title VII rights.

Laws and Policies Prohibiting Sexual Harassment Cont’d • Fulton County Policy 103 -16 Equal Employment Opportunity & Prejudicial Acts– prohibits discrimination/harassment based on race, age (40+), gender (including sexual harassment), national origin, religion, disability, color, sexual identity, gender identity or expression genetic information, veteran status, uniformed service-member status or any other consideration protected by federal, state or local law. • Departmental SOPs (Standard Operating Procedures)

Who is Protected? • Current Employees – – – • • Full-time and Part-time Permanent and Temporary Classified and Unclassified Contract employees Probationary employees Applicants Former Employees Third Parties Citizens (County Policies)

Groups Prohibited from Harassing: • All Employees • Contractors • Citizens/Customers

Defining Sexual Harassment Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects an individual’s employment status, opportunities, work performance, or creates a hostile environment based on sex.

Can involve parties of the same sex or the opposite sex

Who Decides Whether the Conduct is Offensive? • Charging Party’s Point of View - Charging Party determines whether conduct is offensive/objectionable - Charging Party can be a third party • Reasonable Person’s Point of View – Would a reasonable person find the conduct severe or pervasive enough to constitute an objectively abusive or hostile work environment? • Violator’s Point of View/Intent does NOT Count

Is the Conduct Sufficiently Severe and Pervasive? The more objectively severe the alleged conduct is, the less pervasive it must be to violate Fulton County policies and Federal laws. More Severe ←-------→ Less Severe Less Pervasive More Pervasive (Sexual Assault on the Job) (Requests for Sexual Favors, Sexual Comments, Leering, etc. )

Two Types of Sexual Harassment Tangible Employment Action (Quid Pro Quo) Hostile Work Environment

Defining Tangible Employment Action Sexual Harassment Tangible job benefits are granted or denied based on submission to or rejection of sexual advances, requests for sexual favors, or other sexual conduct.

Examples of Tangible Employment Actions – Hiring – Firing – Promoting – Failing to Promote – Demoting – Causing other significant changes in compensation or work assignments

More on Tangible Employment Action Sexual Harassment • May be non-economic • Involves a superior-subordinate relationship • “Supervisor” is defined broadly • “After hours” conduct counts • Strict Liability

Two Types of Sexual Harassment Tangible Employment Action (Quid Pro Quo) Hostile Work Environment

Hostile Work Environment Sexual Harassment Hostile work environment sexual harassment involves physical acts (including verbal communication) which are sexual in nature and have the purpose or effect of creating an objectively hostile or abusive environment based on sex or gender.

Mistreatment at Work sexual or based on race, sex, religion, age, national origin, sexual identity, gender identity or expression, disability, genetic information, veteran or uniformed service-member status Hostile Work Environment or Harassment Office of Diversity and Civil Rights Compliance Personality/ other conflict - not sexual and not based on race, sex, religion, age, national origin, sexual identity, gender identity or expression, disability, genetic information, veteran or uniformed service-member status disability status General Mistreatment Personnel Department (404) 613 -3718

Examples of Hostile Work Environment Sexual Harassment • Sexual advances, flirtations, propositions • Requests for favors, and other verbal, visual or physical conduct of a sexual nature • Verbal abuse of a sexual nature • Leering, sexual gestures and offensive sounds • Unnecessary touching of an individual • Verbal commentaries about an individual’s body or appearance of clothing • Sexually degrading words about an individual or group • Commentaries or repeated innuendos regarding someone’s sexual identity

More Examples of Hostile Work Environment Sexual Harassment • Sexually suggestive inquiries regarding a person’s sexual practice or habits • Rumors about a person’s sex life –even if true • Offensive sex jokes, sexually suggestive music, sexually suggestive pictures (from magazines, internet, etc. ), calendars, cartoons (posted at work or via any form of correspondence ( e-mail, voice-mail, blackberry pagers, etc. )

Consensual Relationships (CR) • No County CR Policy Exists • Termination of CR Can Be Source for Sexual Harassment Complaints • Particularly If You: ü - can recommend or refuse to recommend the current/ex partner for a job, promotion ü - can influence the terms and conditions of the current/ex partner’s employment ü - can influence colleagues on behalf or against the current/ex-partner ü -can cause other employees to feel disadvantaged because of your actions

Sexual Harassment Prevention: Case Study Roy and Thomas are on route to a staff meeting. When they arrive, the other employees in attendance, all female, are talking about a magazine article discussing the challenges women face working in a male dominated work environment. Co-worker, Susan pulls out a copy of the magazine from her purse as numerous pictures of robust young men wearing Speedo bathing suits fall out of the magazine on to the floor. As Roy and Thomas take their seats, one of the women yells out while holding up one of the pictures, “You guys sure would look good in these bathing suits! Show us what you got!” Thereafter, hysterical laugher begins. Mahoney, Unit Manager looks up briefly then goes back to work on her Blackberry. Both male employees pause and looking embarrassed they proceed to the vacant seats. After the meeting, Irene another female co-worker reports to Mahoney that she was offended by the incident. Ms. Mahoney replies, “If Roy and Thomas don’t complain, don’t you worry about it!”

Sexual Harassment Prevention: Case Study Process Questions • Could this incident be reasonably evaluated as sexual harassment? • If so what type and why? • If the male employees fail to complain, is this matter closed? • Who is responsible for the present situation?

Fulton County Employee Obligations • Refrain from prohibited conduct • Report harassment – Report harassment directed to you/others – Report to supervisor, manager or directly to DCRC (30 business days for DCRC/Internal charges and 180 calendar days for EEOC/External charges) • Don’t make false accusations – Discipline for Classified Employees Policy and Procedure (305 -16) Article 7

Fulton County Employee Obligations Continued… • Express* the conduct is unwelcome • Cooperate – with interim remedial measures – with the investigation

Fulton County Supervisory Responsibilities • RESPOND - Be available and responsive; calm the employee; take complaint seriously • RECORD - Obtain information: – – – Who is the alleged harasser? What did he/she do? Where did incident occur? How did charging party respond? Were there witnesses? How was charging party’s work affected? Tell the Charging Party that you will report the incident to your Deputy Director; Director and the DCRC.

Fulton County Supervisory Responsibilities Continued… • REPORT - Immediately report the incident to your Deputy Director; Director and the DCRC. Confine information to these channels • PROTECT - Assure charging party that you will do everything you can to prevent future incidents; calmly confront alleged harasser & firmly advise him/her that sexual harassment is against County policy and will not be tolerated; work with DCRC to coordinate separation of disputing parties & • GUARD AGAINST RETALIATION -Assure that any actions taken related to the involved parties will not be mistakenly perceived as retaliatory

Liability and Accountability • TANGIBLE EMPLOYMENT ACTIONS – Harasser is always liable – Employer is always liable • HOSTILE ENVIRONMENT – Harasser is liable – Employer is liable for harassment by high level manager – And …

Liability and Accountability Continued…. The County and Departmental Managers may be liable for hostile environment sexual harassment by a supervisor, agent, coworker or outsider if a County Department (or its agents) … § Knew or Should Have Known of Harassment § But Did Nothing to Stop It The County might be successfully sued for failing to live up to its duty to make sure that all employees feel comfortable in the workplace.

What You Could Lose…

Fulton County Penalties / Consequences for Policy Violations • Sexual harassment policy violations are enforced by the County Manager or the Appointing Authority pursuant to Fulton County Discipline for Classified Employees Policy and Procedure (305 -16) Article 13 B (may include 5 day suspension or termination) • Unclassified employees are employed at will, have no property interest in their jobs and may face discipline, up to and including termination

Employee and Employer Obligations: Case Study You are the manager of Jay Brown, Supervisor. Jay loves music and likes to share music with his co-workers. Today, Sheena James, a subordinate of Jay’s reports to you that she has received an unsolicited CD from him containing suggestive and offensive lyrics. The mixed CD is a compilation of 25 selections by LL Cool J. Some of the CD titles include: Mama Said Knock You Out; I Need Love; Back of My Jeep; Jingling Baby. It is common knowledge that Jay has previously made sexual advances towards Sheena which she has turned down. Now, Sheena thinks Jay is over-scrutinizing her work performance and whereabouts which she believes is because she has rebuked his advances. Her co-workers have noticed Jay’s behaviors and have also observed Sheena seems constantly upset and unable to concentrate on her work.

Employee and Employer Obligations: Case Study Process Questions • Is this sexual harassment? • What could Sheena have done differently? • What could her co-workers have done differently? • What should you as a manager do, now that Sheena’s concerns about Jay’s behaviors are known?

What is Retaliation? • Retaliation is defined as taking adverse action against an employee for filing or participating in an EEO charge or otherwise opposing discrimination. • It is considered a separate, severe and distinct violation of County policy and federal law regardless of whethere is a finding for cause in the original, underlying sexual harassment claim • It will be disciplined as a separate offense

More To Know About Retaliation • Coverage for Retaliation allegations is open ended • Timeframe for filing Retaliation charges: 30 Business Days for DCRC and 180 Calendar Days for EEOC (from the last incident of Retaliation) • Extends beyond the employment relationship

Additional Employee Obligations Employees who have participated in protected activity are obligated to: 1) Report to work on time 2) Perform the functions of the job 3) Maintain professional attitude and work relationships Failure to meet these obligations may result in disciplinary action

Retaliation: Case Study Omar Hassan is an exemplary employee and has been employed in your company for five years. During his tenure, he has been assigned to the main office. Last year, Omar provided witness testimony in an employee’s claim of discrimination against manager, Joe Schmoe. The matter was dismissed. This year, Omar applied for a promotion opportunity. Another candidate is promoted. Omar is concerned that, Joe Schmoe, one of the interview panel members and the hiring manager did not select him intentionally. Omar files a charge of discrimination and retaliation against his employer. Shortly thereafter, the employer receives notice of Omar’s pending charge. Within a week, Omar is advised by his supervisor, that his duties/responsibilities and work location are being changed immediately. Omar has been directed to report to a satellite office that is more than 55 miles further away than his current main office location. When Omar asks for a reasonable explanation for his sudden reassignment and transfer, he is advised, “Report to your new location or you will be fired!”

Retaliation: Case Study Process Questions • • • What EEO issues are present in the scenario? Is there prior protected activity? Is this Retaliation? Who is specifically responsible for the retaliatory conduct? What would be your recommendations to the employer? To Omar?

Review & Acknowledgment • Sexual Harassment Definition, Terms & Concepts (including Consensual Relationships) • Fulton County Equal Employment Opportunity and Prejudicial Acts Policy and Procedure • Appropriate/Inappropriate Behavior/Conduct Rights and Responsibilities • Complaint Reporting, Sanctions, Penalties/ Liabilities for Violations • Retaliation • Acknowledgement Form – Document In Booklet

Evaluations • Evaluation Participant Evaluation link: https: //www. surveymonkey. com/r/HGVTFBM • Paper evaluations are available