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You have attended this class. You have received your company’s harassment prevention policy. You know how to report harassment if you are harassed or know of someone being harassed. You understand your responsibility as a supervisor. You will read and comply with the policy. You know who to ask if you have questions. Copyright HR Coach LLC2

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 Civil Rights Act of 1866 (All men regardless of race have the right to buy property)  Civil Rights Act of Title VII (race, color, religion, sex or national origin)  Age Discrimination in Employment Act – 1967  Sexual Harassment  Americans With Disabilities Act – 1990  Workplace must be FREE from all forms of harassment & discrimination 1993  Uniformed Services Employment and Reemployment Rights Act (USERRA) – 2000 Copyright HR Coach LLC4

 race,  color,  creed,  religion,  sex,  gender identity,  pregnancy,  child birth,  national origin,  age,  marital/domestic partner status,  physical or mental disability,  HIV & Aids,  medical condition (cancer and genetic characteristics),  Vietnam era veteran status,  sexual orientation,  transgender status,  retaliation,  denial of PDL,  breast feeding mothers Copyright HR Coach LLC5

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7 Module 1 – The Law

Employers may be held liable for failing to protect their employee’s from harassment by anyone (vendor, student, employee, customer, etc.) in the course of their work. Copyright HR Coach LLC8

 Employers with 50 or more employees shall train all supervisors every two years.  Training must be interactive.  Training must be 2 or more hours.  New supervisors must be trained within 6 months Copyright HR Coach LLC9

 Conduct is harassment if (based on a legally protected status) ◦ It creates an intimidating or hostile work environment, ◦ Unreasonably interferes with the individuals work, ◦ Adversely impacts the individuals employment opportunities. Copyright HR Coach LLC10

 Saying things that are sexual  Saying things related to sex  Touching inappropriately  Making it so uncomfortable (related to sex) at work that the person’s job performance declines and/or they feel forced to quit their job  Anything gender related.  Implying that sex is a condition of employment  Making sex a condition of employment Hostile Work EnvironmentQuid Pro Quo Copyright HR Coach LLC11

Copyright HR Coach LLC12 What State requires that all employees receive this pamphlet?

Fill in the blank Employees or job applicants who believe that they have been illegally harassed may file a complaint of discrimination with the DFEH within _________ of the harassment. Copyright HR Coach LLC13 one year

“Remedies” that may be required by the company if they are found to have allowed illegal harassment or discrimination. Restoration of job Back pay Out-of-pocket losses Affirmative relief Mandated training Policy changes Emotional distress damages Administrative fines Attorney’s fees Expert witness fees Copyright HR Coach LLC14

Supervisors have direct contact with employees and represent the employer. Employers are strictly held liable for harassment by a supervisor. Supervisors are legally obligated for harassment prevention in the workplace. Supervisors have legitimate power. Copyright HR Coach LLC15

 Remember that employers are strictly held liable for harassment by supervisors.  Take an active approach to preventing harassment.  Train all employees about how to prevent harassment. Copyright HR Coach LLC16

 Harassment creates an offensive and “hostile work environment”  It’s expensive  Promotes poor morale  Prohibits high performance  Limits productivity  Causes turnover  Minimizes attracting new employees  Training new employees  Safety issues Copyright HR Coach LLC17

 Lawsuits  Financial settlements  Legal Fees  Negative publicity  Damage to the reputation and image of the entire organization & management team. Copyright HR Coach LLC18

 Psychological damage  Personal dignity  Self esteem  Powerless  Emotional well being  Professional development Copyright HR Coach LLC19

I didn’t know that was inappropriate Everyone here does it Family culture I was just joking Nothing offends me Not held accountable Copyright HR Coach LLC20 Q♣Q♣

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 Understand the law.  Enforce policy.  Monitor behavior.  Watch for signs.  Spot it and stop it – Take immediate, appropriate, corrective action. Copyright HR Coach LLC22

 Gossip.  Assuming.  Touching.  Profanity. Copyright HR Coach LLC23

Copyright HR Coach LLC24 Pay Attention to How Your Employees Dress Cleavage, tight fitting clothes, inappropriate graphics on t-shirts or tattoos, sagging, exposed underwear, etc., may be offensive to the average person in the average work place. What should you do if you have an employee that is dressed inappropriately?

Copyright HR Coach LLC25 Always contact HR if an employee makes a complaint to you to begin an investigation.

Copyright HR Coach LLC26 Dating at Work Sometimes Happens… But is often a slippery and dangerous slope. It is never a good idea to get romantically involved with those that work for you. Would it be different if it were a co-worker (supervisor) dating a subordinate? What would you say to your employees if you find that they are dating?

 Know that the workforce is made up of a variety of personalities.  Behavior which may not seem harmful to one person may be harmful to another. Copyright HR Coach LLC27

 Do not disregard or downplay complaints concerning inappropriate behavior.  Always report complaints to the person responsible for Human Resource management. Copyright HR Coach LLC28

 Ensure employees who report to you, both verbally and through your conduct, that there will be no retaliation against employees for good faith complaints of harassment or discrimination. Copyright HR Coach LLC29

 Remember that the company has an obligation to investigate all complaints of harassment, even if the complaining employee does not want the complaint investigated. Copyright HR Coach LLC30

 Complaints of harassment, and the identities of the parties involved, must remain as confidential as possible, but only to the degree that they can remain confidential. Copyright HR Coach LLC31

 HR must investigate all complaints of harassment to find supporting facts.  Give all accused of harassment an opportunity to respond Copyright HR Coach LLC All Rights Reserved32

Use the same disciplinary action process as you would use in treating any violation of company policy…depending on the severity of the offense and/or the number of incidents. Copyright HR Coach LLC33

You see it happen… Employee complains to you…  Take the opportunity for a “teaching moment” or  Counsel in private  Say, “that is not appropriate for work”  Don’t judge  Use authority if necessary  Listen  Try to look at it from their point of view  Get help from HR  Let HR investigate  If a warning is needed work with HR, follow up and re-enforce Copyright HR Coach LLC All Rights Reserved34 Module 3 - Prevention

 Cooperate fully with the investigation.  Be honest.  Don’t be defensive.  Try to look at it from the accuser’s point of view.  Recognize that different people see things differently.  And remember, a simple apology for a misunderstanding, can go a long way Copyright HR Coach LLC All Rights Reserved35 Module 4- Identifying

Copyright HR Coach LLC36 Positive Personal Example  Set the tone for others to follow.  Be a positive example.  Ask, does it make work a better place to be?  Is it productive?  Demonstrate appropriate behaviors What is the most effective thing you can do to PREVENT inappropriate behavior at work?

An HR Coach LLC Company Copyright HR Coach LLC 37