Workforce Harassment Discrimination Retaliation Prevention HR Rule 2

Workforce Harassment, Discrimination, & Retaliation Prevention HR Rule 2. 02

TRAINING CULTURE Participate, we want to hear from you We are a LEARNING ENVIRONMENT… … Share openly in group discussions Respect confidentiality Ringer reminder

TODAY’S AGENDA Harassment Prevention Sexual Harassment Prevention Discrimination & Retaliation Prevention Inappropriate Behavior Reporting 3

OUR GOAL Prevention Prevent inappropriate behavior in the workplace. Address Stop inappropriate behavior in the workplace Everyone should feel comfortable, safe, and respected in the workplace. Responsibility Understand the intent of the rule and know your responsibility. Reporting Understand how to respond to and report inappropriate behavior. Welcoming Everyone should feel comfortable in the workplace.

Protected Class It is the City’s policy to prohibit workplace harassment, discrimination and retaliation on the basis of protected class. Race Source of Income Mental or Physical Disability Religion Marital/ Familial Status Gender/ Gender Identity Veteran Status Sexual Orientatio n Age

EEOC Filed Charges – Oregon FY 2017 Retaliation : 113 47. 5% of total Oregon charges Disability: 89 37. 4% of total Oregon charges Age: 62 Race: 36 26. 1% of total Oregon charges 15. 1% of total Oregon charges Sexual Harassment: 73 30. 7% of total Oregon charges National Origin: 29 12. 2% of total Oregon charges Data Source: https: //www 1. eeoc. gov/eeoc/statistics/enforcement/charges_by_state

Workplace Harassment, Discrimination, & Retaliation manifests in the workplace in two primary ways: Violation of State and Federal Law Disrespectful behavior is prohibited in: Violation of City Rule BUILDINGS OWNED BY THE 02 CITY VEHICLES OWNED BY THE CITY EVENTS HELD/PAID FOR BY THE CITY ANY PLACE YOU ARE RESPRESENTING THE CITY The in t perso ent of the n eng ag in the ing inapp r o pria condu ct doe te s not matte

Harassme nt Inappropriate verbal or physical conduct, which may include conduct that is derogatory or shows hostility towards an individual, related to the individual’s protected status.

Sexual Harassme nt A specific type of harassment, which includes unwanted sexual advances, requests for sexual favors, and other sexually oriented verbal or physical conduct.

Test Your Knowledge Group Discussion – True or False? Claims to the intent of the alleged harasser (i. e. , “he didn’t mean anything by it” or “he hugs all the women”) are considered when determining whether or not sexual harassment has occurred. False Sexual harassment is not limited to physical contact. It can occur any time that an individual is uncomfortable with another person’s approaches, comments or discussions of a sexual nature and it continues and interferes with a person’s ability to do their job. True Quid Pro Quo harassment is a form of sexual harassment when there is a request or demand of sexual favors in exchange for employment benefits or threatening reprisals if the favors are not given. True

Test Your Knowledge Group Discussion While at work, Jamie makes personal phone calls to friends. The conversations are loud and generously sprinkled with sexually explicit language. Co-workers cannot help but overhear Jamie’s conversations. Does Jamie’s behavior violate HRAR 2. 02? Why or why not? Casey and Alex are co-workers. Casey persists in asking Alex out to dinner, even though they have turned them down every time. Nevertheless, Casey persistently keeps making requests to Alex to go out to dinner. Alex has told Casey several times to stop asking. Does Casey’s behavior violate HRAR 2. 02? Why or why not?

Discrimination Unequal or different treatment of an individual in any personnel action on the basis of protected status.

Retaliation Taking a negative personnel action or creating a hostile work environment against an employee who reported discrimination or harassment, or who supported an investigation

Break 10 minutes

Case Studies

A recent case involved an employee who claimed that she was discriminated against during the promotional interview process. Case Study 1: “Was it Retaliation ? ” Two of the three interview panelists were managers involved in current or previous EEO complaints by the employee and one of the panelists attempted to influence the selection process by asking a question that paralleled a previous conflict between the panelist and the employee. A witness reported that he had heard the manager make the statement, "I don't get mad, I get even" in reference to employees who make discrimination claims. Was this retaliation? Why or why not? EEOC found that the selection process was tainted by retaliatory conduct and ordered the agency to promote the employee

Li Yan's coworker Ralph has just been through a divorce. He drops comments on a few occasions that he is lonely and needs to find a new girlfriend. Case Study 2: “NO” Li Yan and Ralph have been friendly in the past and have had lunch together in local restaurants on many occasions. Ralph asks Li Yan to go on a date with him— dinner and a movie. Li Yan likes Ralph and agrees to go out with him. She enjoys her date with Ralph but decides that a relationship is not a good idea. She thanks Ralph for a nice time, but explains that she does not want to have a relationship with him. Ralph waits two weeks and then starts pressuring Li Yan for more dates. She refuses, but Ralph does not stop. He keeps asking her to go out with him. Is Ralph violating 2. 02? Why or why not?

Not Taking “No” for an Answer Ralph's initial comments about looking for a girlfriend asking Li Yan, a coworker, for a date are not sexual harassment. Even if Li Yan had turned Ralph down for the first date, Ralph had done nothing wrong by asking for a date and by making occasional comments that are not sexually explicit about his personal life. However, when Li Yan said no to his request for another date, Ralph crossed a line by persistently asking her to go out with him.

Not Taking “No” for an Answer Question 2. What are Li Yan’s options to get Ralph to stop asking her out? Being friendly, going on a date, or even having a prior relationship with a coworker does not mean that a coworker has a right to behave as Ralph did toward Li Yan. She has to continue working with Ralph, and he must respect her wishes and not engage in behavior that has now become inappropriate for the workplace. Li Yan has the option of reporting Ralph to a manager or HR.

Case Study 2: Not Taking “No” for an Answer Li Yan reports Ralph’s behavior to her supervisor, and the supervisor (as required) reports her complaint to the person designated by her employer to receive complaints. Ralph is questioned about his behavior and he apologizes. He is instructed by to stop. Ralph stops for a while but then starts leaving little gifts for Li Yan on her desk with accompanying love notes. The love notes are not overtly offensive, but Ralph's behavior is starting to make Li Yan nervous, as she is afraid he may start stalking her.

Not Taking “No” for an Answer Question 3. Now what are Li Yan’s options? Li Yan should report Ralph's behavior. She was entitled to have effective assistance in getting Ralph to stop his inappropriate workplace behavior. Because Ralph has returned to pestering Li Yan after being told to stop, he could be subject to serious disciplinary action for his behavior.

Revie Inappropriate behavior that can get you into trouble w Foul language, slurs, innuendos regarding a protected status Jokes, pranks, stereotyping because of protected status Sexual propositions, requests, graphic commentary Physical touching of intimate body parts Welcome & unwelcome physical touching Written, visual, oral, graphic material based on a protected status Sexual innuendos, racist or sexist stories Refusing to take NO for an answer Suggestive comments, gestures, actions

Inappropriate Behavior: Social Media & Texting Inappropriate workplace behavior on the basis of a protected status may also take place on social media and/or City provided devices Texting Sending inappropriate text messages to co-workers while at or outside of work may violate Rule 2. 02. Social Media: Everything you put on the web on behalf of the City is a public record. Inappropriate Comments Commenting as a City employee inappropriately on co -workers post and/or harassing them may be a violation of 2. 02. Main Idea Inappropriate written or graphic materials, email, cell phone, text etc. with a nexus to the workplace may be prohibited.

Test Your Knowledge Scenario: Gender Discrimination Two employees (Alice and Greg) applied for the same position, Alice was hired into the position. In the following weeks, Greg began making remarks to Alice’s direct reports and fellow employees including, “She (Alice) only got the position because she’s a woman” and that a woman wasn’t qualified to do the work. What part of HR 2. 02 prohibits this behavior? Verbal or Physical Conduct Use of epithets, innuendos, names, comments, foul language or slurs regarding an individual’s protected status, either in written or oral form.

Test Your Knowledge Scenario: Cyberbullying Anne is new to the City. After a few team meetings, she began to feel uncomfortable and a little paranoid. Some of her team members were email and texting during meetings to each other, laughing at the emails/texting and then looking at her. She tried to ignore it until one of her co-workers accidently sent Anne a derogatory email not meant for her. She confronted the co-worker about it and who laughed it off and told her it wasn’t about her. The behavior escalated with co-workers began emailing incorrect meeting times and locations, and then reporting her tardiness or absences to her boss. In addition, they would leave her out of email communications related to projects and deadlines, then would later ask her about her progress. What part of HR 2. 02 prohibits this behavior? In forms of inappropriate conduct that may not violate law, but which violate this City rule because the conduct is not conducive to creating a respectful and professional work environment for employees.

Workplace Settings INAPPROPRIATE BEHAVIOR IS PROHIBITED IN ANY: BUILDINGS OWNED BY THE CITY VEHICLES OWNED BY THE CITY EVENTS HELD/PAID FOR BY THE CITY PLACE YOU ARE REPRESENTI NG THE CITY

? What do you do if you see or experience inappropriate behavior? TALKING Talk to the other person and ask them to stop if you feel safe doing so. REPORTING Report to any supervisor, manager, HR Person or Bureau Director. FILING File a complaint with HR.

Discretion is important, but we cannot promise confidentiality Complaints will be taken seriously and treated as highly sensitive Confidentiality Complaints will be investigated Everyone must cooperate Information shared only on need-to-

Our aim is to make the inappropria te behavior stop They will be asked for as many details as possible Reporting Procedures Complaints will be investigated There will be support- you are not alone When the investigation is complete, you will be advised

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