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GALVESTON ISD “Respectful Workplace” Sexual Harassment Training
Provided by: Human Resources, Student Services & Communications Department 07-08 © Business & Legal Reports, Inc. ©2003 Business & Legal Reports, Inc.
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Respectful Workplace “Respect – not the law,
will eliminate workplace harassment!” Respect is consideration for others – something so simple can have such an enormous effect on the workplace. Without respect, the work environment can be a terrible place for many people. ©2003 Business & Legal Reports, Inc.
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Respect, Diversity, Inclusion…
Respect, Diversity, Inclusion….all key factors to a healthy, productive work environment. Today’s Objectives: To provide you with tools and resources to: Understand how sexual harassment affects employee morale Understand the costs of harassment and discrimination in the workplace Value Diversity and its impact How to avoid stereotyping Understand GISD’s commitment to dignity and respect in the workplace Everything about having a respectful workplace supports GISD mission and values. (mission: excellence and equity for students) it would also apply to all staff We will review expectations for behavior and talk about your role in supporting a respectful workplace Including tips to lead by example And the value of diversity As well as, avoiding stereotyping & other tips ©2003 Business & Legal Reports, Inc.
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What Is The Law? Title VII
Title VII prohibits discrimination in employment based on race, color, religion, sex, age or national origin The courts have interpreted discrimination based on sex to include sexual harassment What is sexual harassment? Title VII Title VII of the Civil Rights Act generally prohibits employers with fifteen or more employees from discrimination in employment based on race, color, religion, sex, or national origin. Discrimination in employment generally means discrimination that negatively affects an individual’s terms, conditions, or privileges of employment. Sexual harassment is a form of sex discrimination that is prohibited by Title VII. This is the law. ©2003 Business & Legal Reports, Inc.
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Laws Used in Creating District Policy
Texas Commission of Human Rights Act (TCHRA) Age Discrimination In employment Act of 1967 American With Disabilities Act (ADA) Protected Characteristics: Race; Color; Religion; National Origin; Gender; Pregnancy; Veteran Status; Age (over 40); **Disability; *Sexual Orientation These are all of the laws that go into creating a district policy What is sexual harassment? Conduct of a sexual nature in the workplace such as Unwelcome sexual advances or requests for sexual favors Verbal or physical conduct of a sexual nature constitutes sexual harassment Unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment Actions that are perceived or viewed as unwelcome, such conduct may be sexual harassment. ©2003 Business & Legal Reports, Inc.
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Let’s start with Sexual Harassment…. “
Let’s start with Sexual Harassment…. “..all employees have the right to work in an environment free from any type of discrimination and harassment.” EEOC enforces the federal law defines sexual harassment as: Unwelcome sexual advances Requests for sexual favors Other verbal or physical conduct of a sexual nature When submission to or rejection of such conduct explicitly or implicitly: Affects an individual’s employment Unreasonably interferes with an individual’s work performance Creates an intimidating, hostile, or offensive work environment Let’s start with Sexual harassment – The Equal Employment Opportunity Commission has communicated to employers that … (read quote). “all employees have the right to work in an environment free from any type of discrimination and harassment” EEOC is a governing agency that enforces the federal law and this is how they define Sexual Harassment: (review definition) Sexual harassment can include: Male to female; female to male; male to male; female to female. Quid Pro Quo- from the Latin meaning "something for something" indicates a more-or-less equal exchange or substitution of goods or services. ... The other type of harassment occurs when an employment decisions for hiring, promotion, discipline, or termination is made on the basis of submission to or rejection of unwelcome sexual conduct. ©2003 Business & Legal Reports, Inc.
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Hostile Work Environment
Examples of inappropriate conduct: Any Physical, Verbal or Visual conduct of a sexual nature including: Menacing Gestures Loud or Threatening Behavior Intimidation – Threats Swearing – Profanity Sexual Advances Requests for sexual favors Graphic Sexual Comments Sexual Posters, Cartoons, Screen Savers These are examples of conduct that can cause a hostile work environment. ©2003 Business & Legal Reports, Inc.
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Other Forms of Harassment
Harassment is a form of discrimination May not just be sexual It’s unwelcome conduct Any conduct that is so severe and pervasive, it alters the individual’s employment conditions and creates a hostile work environment Harassment in the workplace doesn’t have to be sexual in nature to be considered unlawful –it can be mean spirited. It’s basically a form of discrimination. If it’s unwelcomed and based on one of the protected characteristics that we spoke about earlier (sex, race, religion, age, etc), it can be considered harassment. ©2003 Business & Legal Reports, Inc.
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Who Can Commit Sexual Harassment?
Supervisors Subordinates Co-workers Clients/customers Same-sex Who can commit sexual harassment? Any employee can commit sexual harassment, including supervisors, subordinates to supervisors, and co-workers. Therefore, unlawful sexual harassment can travel up, down, and sideways in any organization. Same sex harassment- Males can commit sexual harassment against other males, and females can commit sexual harassment against other females. Ordinary socializing in the workplace, such as “male-on-male horseplay ,” may not be considered harassment. Instead, the harassment must be so severe, persistent or pervasive that it unreasonably interferes with the employee’s work performance or creates a hostile work environment. ©2003 Business & Legal Reports, Inc.
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Who Can Experience Sexual Harassment?
Direct targets of harassment Bystanders or witnesses to harassment Who can experience sexual harassment? Direct targets, bystanders, and witnesses An employee may experience sexual harassment as an intended or directed target. For example, an employee that is constantly subjected to a co-worker’s sexual advances is a direct target, and therefore, a victim of these unlawful acts. However, some courts have held that bystanders, or mere witnesses to unlawful acts of sexual harassment, may also be victims. As a result, an employee that bears witness to sexual harassment that is directed towards another employee may also find protection under the law. ©2003 Business & Legal Reports, Inc.
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Specific Forms of Harassment
Tangible Employment Action Employee suffers a loss (monetary, change in workload or assignment) Focus on harm to victim Occurs between a supervisor and employee Specific forms of harassment Tangible Employment Action (formerly known as “quid pro quo” harassment). Involves some type of monetary loss for an employee, or significant changes in workload or work assignment. It requires that the employment action (termination, demotion) actually occur. One instance is enough for legal action to occur. ©2003 Business & Legal Reports, Inc.
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Specific Forms of Harassment (cont.)
Hostile Work Environment Severe or pervasive conduct (or both) Unreasonable interference with an individual’s job performance Offensive, intimidating, hostile work environment Can be created by anyone in the workplace Specific forms of harassment Hostile Work Environment In order for a hostile work environment to be created, the harassing conduct must be severe or pervasive (or both) and must result in an unreasonable interference with the employee’s job performance. Evidence of a lost employment benefit or advantage, however, is not required. There is frequency in the discriminatory conduct. A hostile work environment is often characterized as offensive, intimidating, or abusive and may include the following behaviors or acts: Sexual jokes or suggestive remarks Sexual graffiti or cartoons Sexually derogatory comments Hostile work environment sexual harassment may be committed by an employee or any other individual that is associated with the workplace, even a client or customer. ©2003 Business & Legal Reports, Inc.
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IS IT HARASSMENT? Things to Consider
How frequent is the conduct? How severe is the conduct? Is the conduct physically threatening, humiliating, or merely an offensive utterance? Does the conduct unreasonably interfere with an individual’s work performance? Specific forms of harassment Hostile Work Environment/Considerations When determining whether a hostile work environment exists, the following factors may be considered: the frequency and severity of the conduct; whether the conduct is physically threatening, humiliating, or offensive; and whether the victim’s overall job performance has been negatively affected. ©2003 Business & Legal Reports, Inc.
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What Isn’t Sexual Harassment?
The stray remark The overly sensitive employee Consensual relationships What isn’t sexual harassment? READ THESE NOTES The stray remark/overly sensitive employee/consensual relationships Sexual harassment claims are generally analyzed from the perspective of a reasonable person; that is, whether a reasonable person would find the sexual conduct to be offensive or hostile (and the employee found the conduct to be offensive or hostile). Therefore, allegations that are made by someone who is unreasonable and overly sensitive, or a single or stray sexual remark, will typically not result in a finding of sexual harassment. A single, shocking or particularly an unwelcome act of touching or the grabbing of another employee’s person in a sexual manner may constitute sexual harassment. It is important to remember that only unwelcome conduct of a sexual nature is unlawful. Therefore, consensual workplace dating relationships or romances generally do not constitute sexual harassment. ©2003 Business & Legal Reports, Inc.
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Test Your Sexual Harassment Knowledge
You be the judge TEST THE AUDIENCE WITH TRUE OR FALSE: Sexual harassment affects everyone- women and men, all workers at all levels, and all types of jobs.-True Sexual harassment is only when supervisors ask for sexual favors.-False-sexual overtones may be intimidating One co-worker my not ask another on a date.-False, you can ask, but a refusal must be respected Workers who wear revealing clothes are asking for trouble. False-everyone has a right to do his or her job in a harassment –free workplace Men may be victims of sexual harassment.-True-men are equally protected under the law Employers cannot prevent sexual harassment-False-they can recognize the problem and work to maintain a respectful workplace You should respond to unwanted attention immediately-True- make it clear to the harasser that the attention is unwelcome You should take action if the harassment continues- True-Record the specifics and report continuing incidents to your supervisor Everyone know the difference between good-natured fun and sexual harassment. False it depends on how the other person feels, that cannot always be known Staring can be sexual harassment.-True-staring at a person’s body can be perceived as sexual harassment, as well as leaning over someone at a desk or making offensive gestures. ©2003 Business & Legal Reports, Inc.
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WHAT ARE THE COSTS OF HARASSMENT THAT CREATE A HOSTILE WORK ENVIRONMENT ?
GO TO THE NEXT SLIDE ©2003 Business & Legal Reports, Inc.
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HARASSMENT CAN COST YOU:
Reduced productivity Increased absenteeism and turnover Reduced loyalty to campus/department Increased legal costs Anger; Humiliation; Loss of work time; Loss of job The costs of having any type of harassment and discrimination in the work environment are high. WHEN IT COSTS THE DISTRICT, IT COSTS ALL OF US ©2003 Business & Legal Reports, Inc.
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Your Roll In Supporting A Respectful Workplace
Regardless of your role at work, harassment and discrimination prevention begins with you on an individual level. You have the ability to influence others. Apply the law and policy to your own daily work environment (your own words & actions). GISD expects you to treat coworkers with respect and courtesy –without regard to any characteristics. Don’t allow yourself to violate these expectations with inappropriate behavior. Regarding your own words & actions, apply the law and GISD’s policy to your daily work environment. You are not only expected but also legally required to treat all of your co-workers with respect-without regard to gender. GISD Board Policy re: harassment: Policy DIA and DH While it’s important to know what the law says and what our policy says, it’s also important that you recognize your own responsibility as it related to creating and maintaining a respectful work place. ©2003 Business & Legal Reports, Inc.
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Intervene when you see stereotyping, prejudice, or discrimination:
STEPS TO RESPECT DIVERSITY Intervene when you see stereotyping, prejudice, or discrimination: Tell the ‘offender’ what you perceived. Paraphrase how you think it came across. Ask questions to understand why the person acted that way. Express your concern about the impact on the workgroup. Ask and discuss how it can be avoided in the future. People who stereotype others sometimes don’t realize they do so. But these behaviors can cause others to feel excluded or unwelcome in the workplace. In addition, discrimination towards people from protected categories under EEO (equal employment opportunity) law could result in litigation. ©2003 Business & Legal Reports, Inc.
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CREATING A RESPECTFUL WORKPLACE
In conclusion, it really is as simple as respect for others. Please do your part to help promote respect, diversity, and inclusion in our workplace. GISD is committed to having a respectful workplace for all! ©2003 Business & Legal Reports, Inc.
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GISD IS COMMITTED: The Galveston Independent School District does not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, disability, military status, or on any other basis prohibited by law. ©2003 Business & Legal Reports, Inc.
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REPORTING OF A VIOLATION
TITLE IX OFFICER- Dyann Polzin, Chief Human Resources, Student Services & Communications Officer 3904 Ave. T Galveston, TX 77553 If you feel you have witnessed or have been a direct target of harassment of any kind, you would report to your immediate supervisor or the district Title IX officer ©2003 Business & Legal Reports, Inc.
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ADDITIONAL INFORMATION
504 Coordinator Dr. Knop, Director of Special Education 3904 Ave. T Galveston, TX 77553 If discrimination occurs because of a disability or a handicap, you can report the incident to your immediate supervisor or district 504 Coordinator ©2003 Business & Legal Reports, Inc.
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VERIFICATION PAGE Please read and sign the form provided by your Supervisor to verify completion of the Sexual Harassment Training PASS OUT THE NCR FORMS FOR SIGNATURE.. THE CAMPUS/DEPARTMENT KEEPS THE COPY. FORWARD HR THE ORIGINAL FOR THE PERSONNEL FILE DOCUMENTATION! ©2003 Business & Legal Reports, Inc.
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THE END THANK YOU ©2003 Business & Legal Reports, Inc.
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