1. June 13, 2016 Copyright © 2010 WeComply, Inc. All rights reserved. Note to Trainer Preventing Discrimination and Harassment

2. June 13, 2016 Copyright © 2010 WeComply, Inc. All rights reserved. Preventing Discrimination and Harassment Introduction

3. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.2 Three reasons for concern about workplace discrimination and harassment: To help maintain a respectful work environment To comply with the law To comply with our organization's policy Employees who engage in prohibited behaviors will be disciplined, which could include being fired. Reasons for Concern

4. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.3 Five important federal laws prohibit workplace discrimination and harassment: Title VII of the Civil Rights Act Pregnancy Discrimination Act Age Discrimination in Employment Act Americans with Disabilities Act The Genetic Information Nondiscrimination Act Many states and cities have laws prohibiting other forms of discrimination and harassment. Anti-Discrimination Laws

5. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.4 Anti-Discrimination Laws (cont’d) Five important federal laws prohibit workplace discrimination and harassment: Title VII of the Civil Rights Act Pregnancy Discrimination Act Age Discrimination in Employment Act Americans with Disabilities Act The Genetic Information Nondiscrimination Act Many states and cities have laws prohibiting other forms of discrimination and harassment.

6. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.5 Legal guidelines: Unwelcome sexual advances, Requests for sexual favors, or Other verbal or physical conduct of a sexual nature. Our policy is even more strict: Employees may be disciplined for conduct that is not actually unlawful in order to make our organization a more comfortable place to work. Policy applies to applicants, outside vendors, consultants and customers. Policy applies during business trips, meetings and social events. Sexual Harassment Defined

7. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.6 Two types of sexual harassment: Quid pro quo o Employee's submission to unwelcome sexual advances is used as basis for making employment decision. Hostile work environment o Sexual comments or jokes that interfere with another employee's work performance or create a work environment that's hostile, offensive or threatening. The law and our policy prohibit both types of harassment. Types of Sexual Harassment

8. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.7 In the news…

9. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.8 Whether particular behavior has created a hostile environment may depend on these factors: Was it based on gender? Was it offensive? How serious and frequent was it? Walking the Fine Line

10. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.9 To be unlawful, conduct must be unwelcome Does not include consensual sexual relationship Social invitations are generally acceptable "Voluntariness" does not always equal "consent" Consensual Relationships

11. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.10 Pop Quiz! Ramona and Frank are co-workers who are supervised by Alicia. This morning as Ramona was parking in the employee lot, she saw Frank and Alicia kissing in Frank's car. What should Ramona do? A.Nothing. B.Make a complaint for sexual harassment, because Alicia is clearly favoring Frank over her. C.Make a complaint for sexual harassment, because Alicia is clearly favoring Frank over her.

12. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.11 Whether conduct created a hostile environment depends on the circumstances, including — The frequency and severity of the conduct; Whether it was physically threatening or humiliating; Whether it was directed at the alleged victim; Whether it was engaged in by a supervisor or a co-worker; and Whether it interfered with an individual's work performance. Considering All of the Circumstances

13. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.12 Employees should not engage in any of the following conduct: Telling sexually explicit jokes; Making requests for a date with someone who is not interested; Making suggestive, insulting or obscene comments; Massaging someone; Discussing sexual thoughts, fantasies or activities; Unwelcome touching; or Leering or making cat-calls or sexual gestures at someone. Conduct To Be Avoided

14. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.13 Employees also should not engage in any of the following conduct: Displaying sexually explicit magazines or cartoons; Making inappropriate comments about appearance or dress; Apologizing to the "ladies in the room"; Assuming that a woman is subordinate to a man; Addressing a woman less formally than her male counterparts; Using stereotyped language or conversation topics; or Insisting on ordering food or carrying a briefcase for a woman. Conduct To Be Avoided (cont’d)

15. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.14 In the news…

16. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.15 E-harassment modes include — E-mail Web-surfing Instant-messaging (IM) Blogging Statistics: 10% use IM at work for sexual, romantic and pornographic chat 27% of organizations have faced sexual e-harassment claims 26% of employers have terminated employees for e-harassment 70% of porn web traffic is during business hours Internet and E-Mail Harassment

17. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.16 Pop Quiz! Sally and Bill are collaborating on a company project. One afternoon, Bill walks into Sally's office without knocking and notices sexually explicit images on her computer monitor. What should Bill do? A.Nothing, since Sally was minding her own business in her own office. B.Ask Sally if her activities had anything to do with their project or other company-related business. C.Report the incident to his supervisor immediately.

18. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.17 Federally protected categories: Race Color Religion Sex National origin Citizenship Age Disability Some state or local laws provide additional categories: Sexual orientation, marital status, military status, creed, genetic predisposition or carrier status, familial status, physical appearance, educational status, ancestry, handicap or family responsibilities Other Protected Characteristics

19. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.18 In the news…

20. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.19 Employees should avoid these types of conduct: Referring to older employee as "over the hill," "old fogey,“ etc.; Using slang for employees of different races, religions or national origins; Assuming that older employees have physical limitations; Mimicking the accent of an employee of a particular race or national origin; Discussing an employee's physical or mental limitations; or Revealing an employee's medical condition to others, unless necessary. More Conduct To Be Avoided

21. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.20 Retaliation violates our policy and the law. You will not lose your job or be disciplined if you complain about or report what you reasonably and in good faith believe to be discrimination or harassment. An employee whose complaint or report of discrimination or harassment is unreasonable may be disciplined or terminated. Employees who engage in retaliation will be disciplined. Retaliation

22. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.21 You should – Report the conduct, following the procedures in our policy; and 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 if we determine that any policies were violated; Keep your complaint confidential, to the extent we can do so; and Protect you from retaliation. Reporting Discrimination and Harassment

23. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.22 Pop Quiz! Esther had been making some careless mistakes in her work and was worried that she might lose her job. She came up with the idea of making a false claim to HR that her supervisor had grabbed her and tried to kiss her. Esther figured that the organization would not be able to fire her because that would be considered retaliation. How likely is it that Esther's strategy will work? A.It's a sure thing. Once Esther makes her report, the organization will have a duty to protect her from retaliation. B.It's 50-50. The organization is allowed to retaliate if Esther's mistakes were serious enough to justify firing her. C.It's not likely to work — in fact, it will only make it more likely that Esther will be disciplined.

24. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.23 Maintaining a Respectful Work Environment What you can do to contribute to a respectful and pleasant work environment: Treat your co-workers with the respect that you wish to have from them. Apply the same standards to off-site work functions. If someone is engaging in offensive or unwelcome behavior, say so and request that he or she stop it. Report conduct that you believe to be discrimination, harassment or otherwise inappropriate.

25. Preventing Discrimination and Harassment June 13, 2016Copyright © 2010 WeComply, Inc. All rights reserved.24 Final Quiz

26. June 13, 2016 Copyright © 2010 WeComply, Inc. All rights reserved. Questions?

27. June 13, 2016 Copyright © 2010 WeComply, Inc. All rights reserved. Thank you for participating! This course and the related materials were developed by WeComply, Inc. and the Association of Corporate Counsel.