1. August 20, 2018 Falco A. Muscante, Esquire
Unlawful Harassment
August 20, 2018
Falco A. Muscante, Esquire

2. Objectives At the close of this session, you will be able to:
Define harassment
Explain the difference between illegal harassment and certain behavior that is inappropriate/unprofessional
State the importance of preventing harassment in the workplace
List the categories of harassment
Be aware of the laws that prohibit and provide protection against harassment
Describe the Riverview School District policy and procedures on harassment

3. CIVILITY IN THE WORKPLACE
Workplace harassment is unacceptable conduct and is not tolerated at any level within Riverview School District. You each have responsibility for maintaining high standards of honesty, integrity, and conduct as faculty and staff members of Riverview School District.
The prevention/ elimination of harassment is EVERYONE’S responsibility.

4. Why is this training important?
Harassment harms us all. An important part of Riverview’s values is to ensure that all employees are treated with respect and dignity. Engaging in, condoning, or not reporting harassment are in direct conflict with Riverview’s values and legal obligations.

5. Laws forming the basis of Discrimination Claims
Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of a person’s race, color, religion, sex or national origin.
Americans with Disabilities Act 1990 prohibits discrimination based on physical or mental impairment, and also requires reasonable accommodations.
Equal Pay Act of 1963 protects men and women who perform substantially equal work in the same establishment from sex based discrimination.
Age Discrimination in Employment Act of 1967 protects individuals who are 40 years and older against age discrimination.

6. Riverview School District Policy No. 104
NONDISCRIMINATION IN EMPLOYMENT PRACTICES

7. Harassment Defined
“Verbal, written, graphic, or physical conduct relating to an individual’s race, color, national origin/ethnicity, sex, age, disability, sexual orientation, religion, or genetic information when such conduct is:
Sufficiently severe, persistent, or pervasive that it affects an individual's ability to perform job functions or creates an intimidating, threatening, or abusive work environment;
Has the purpose or effect of substantially or unreasonably interfering with an individual's work performance;
Otherwise adversely affects an individual's employment opportunities.

8. Sexual Harassment Defined
Sexual harassment shall consist of unwelcome sexual advances; requests for sexual favors; and other inappropriate verbal, written, graphic, or physical conduct of a sexual nature when:
Acceptance of such conduct is made, explicitly or implicitly, a term or condition of an individual's continued employment;
Submission to or rejection of such conduct is the basis for employment decisions affecting the individual;
Such conduct is sufficiently severe, persistent or pervasive that it has the purpose or effect of substantially interfering with the employee's job performance or creating an intimidating, hostile or offensive working environment.

9. Compliance Officer and Building Principals
The policy designates the Superintendent as the District's Compliance Officer.
Employees may make complaints to their Building Principal, as designees of the Superintendent, to begin the investigation process
Building Principal’s Duties upon receipt of Complaint:
Inform the employee or third-party of the right to file a complaint and the complaint procedure;
Notify the complainant and the accused of the Complaint's progress at appropriate stages of the procedure;
Refer the Complainant to the Compliance Officer if the Building Principal is the subject of the Complaint.

10. Complaint Procedure for Employees
Step One – Reporting
An employee who believes that they have been subject to conduct that constitutes a violation of this policy is encouraged to immediately report the incident to their building principal.
The report may be verbal or written.
If the building principal is the subject of a complaint, the employee shall report the incident directly to the Compliance Officer, currently the Superintendent.

11. Complaint Procedure For Employees
Step Two – Investigation
After receiving a complaint of unlawful harassment, the building principal will immediately notify the compliance officer and the compliance officer will authorize the building principal to investigate the complaint unless the Principal is the subject of the complaint or is otherwise unable to conduct the investigation.
The investigation may consist of interviews with the complainant, the accused and anyone else with knowledge of the incident.
The investigator may evaluate any information and materials relevant to the investigation.
The obligation to conduct the investigation still applies even if a criminal investigation of the incident is pending or has been concluded.

12. Complaint Procedure For Employees
Step Three – Investigative Report
Following the investigation, the building principal must prepare and submit a written report to the compliance officer.
This written report must be submitted within 15 days of the date the complaint is filed, unless additional time to complete the investigation is required.
The written report shall include:
A summary of the investigation.
A determination as to whether the complaint has been substantiated and whether it is a violation of policy.
A recommended disposition of the complaint.
Both the complainant and the accused shall be informed of the outcome of the investigation and the recommended disposition of the complaint.

13. Complaint Procedure For Employees
Step Four – District Action
If the investigation results in a finding that the complaint is both factual and constitutes a violation of policy, the district must take prompt corrective action.
District staff must document the corrective action taken and, when not prohibited by law, inform the complainant.
Any disciplinary action imposed must be consistent with board policy, administrative regulations, applicable collective bargaining agreements, and state and federal law.
False complaints under this policy will be subject to disciplinary action

14. Complaint Procedure For Employees
Appeal Procedure
If the complainant is not satisfied with the finding or corrective action following the investigation, he or she may submit a written appeal to the compliance officer within 15 days of the issuance of the investigations written findings.
Upon receipt of an appeal, the compliance officer shall review the investigation, the investigative report, and may also conduct a reasonable investigation.
Within 15 days of the appeal, the compliance officer shall prepare a written response, copies of which shall be provided to the complainant, the accused, and the building principal who conducted the initial investigation.

15. How to deal with Unwanted Attention
Step 1: Act immediately
Tell the individual that the behavior is unwelcome and to stop the behavior.
Step 2: Document the incident.
Date, time, place of incident;
Specific unwelcome behavior;
Your response;
Names of witnesses; and
Copies of documentation (e.g. notes, s, pictures, etc.)

16. How to deal with Unwanted Attention
Step 3: Report the behavior
Immediately report the behavior to your supervisor or Superintendent’s office.
When Reporting Unwanted Behavior:
BE SPECIFIC:
Who?
What?
Where?
When?
Why?

17. How to deal with Unwanted Attention
Step 3: Report the behavior
BE SPECIFIC:
How many times has this happened?
Any witnesses?
What were your feelings?
Was your work affected?
Did you document the incident?
What remedy do you want?
Step 4: Report Retaliation
If you believe that you are the subject of retaliation, immediately report this to your supervisor.

18. Strategies for Prevention
Know and follow Riverview’s policy prohibiting sexual harassment.
Act professionally and treat co-workers with respect.
When in doubt about the appropriateness of particular behavior consider the following:
Would I behave the same way if my significant other, mother or child were standing next to me?
Would I want my behavior to be the subject of a report on the evening news?
Would I want to describe my behavior in a legal proceeding in front of an arbitrator, judge or jury?

19. Strategies for Prevention
Report harassing behavior immediately, even if it is not directed at you.

20. True or False? What do you know about sexual harassment? TRUE.
Sexual harassment in the workplace is a form of workplace discrimination?
TRUE.
Sexual harassment is a violation of state and federal laws.
TRUE. Sexual harassment is a violation of state law (PHRA) and federal law (Title VII).

21. What do you know about sexual harassment?
Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. 2000e-2(a)(1), prohibits employment discrimination on the basis of sex. The Supreme Court of the United States has interpreted this prohibition to include sexual harassment in the workplace which has either an adverse economic effect on the complainant or creates a hostile or offensive work environment. See, Meritor Sav. Bank v. Vinson, 477 U.S. 57, (1986).

22. True or False? What do you know about sexual harassment?
The Riverview School District has a policy prohibiting sexual harassment that includes procedures on how to report harassment.
TRUE.

23. What do you know about sexual harassment?
The School District’s Unlawful Harassment Policy No. 348, referencing the Pennsylvania Human Relations Act, Title IX and Title VII of the Federal Civil Rights Act and related federal regulations, prohibits all forms of unlawful harassment of employees.
The Just Cause provision of the parties’ CBA (Article XVI) states that “no employees covered by this Agreement shall be discriminated against with respect to any terms or conditions of employment….because of such individual’s…..gender…”

24. True or False? What do you know about sexual harassment?
Any School District employee who engages in or knowingly condones sexual harassment related to employment is subject to disciplinary action up to and including dismissal.
TRUE.
If your intentions are good, your behavior cannot be considered sexual harassment.
FALSE. A harasser’s intent is irrelevant.

25. What do you know about sexual harassment?
Mere acquiescence or failure to complain does not mean the conduct was welcome.
The victim defines what is welcome.
In determining “welcomeness,” the facts of record are looked at as a whole and at the totality of circumstances " 29 C.F.R. § (b). “To determine whether an environment is sufficiently hostile or abusive” the courts are directed to look at all the circumstances …” Faragher v. City of Boca Raton, 524 U.S. 775, , 118 S. Ct (U.S. 1993).

26. True or False? What do you know about sexual harassment?
If everyone is okay with a co-worker’s behavior, you should just accept it, even if it offends you.
FALSE. You have the right to object to offensive behavior no matter how many other co-workers find the behavior acceptable.
Asking a co-worker to go on a date is not sexual harassment.
TRUE. However, if you repeat the behavior after being told that your attention is unwanted, it could be considered or become sexual harassment. Are you treating the co-employee differently on the basis of his/her sex?

27. What do you know about sexual harassment?
Sexual overtones are not necessary to show discrimination because of a plaintiff’s sex. Durham Life Insurance Co. v. Evans, 166 F.3d 139, 148 (3d Cir )(citing Aman, “All that is required is a showing that [sex] is a substantial factor in the harassment, and that if the plaintiff had been [a male] she would not have been treated in the same manner.” Id.

28. True or False? What do you know about sexual harassment?
If you ignore the behavior of sexual harassment, it will ultimately stop or go away.
FALSE. Sexual harassment must be dealt with immediately.
It is not important to tell someone to stop unwanted behavior because it usually doesn’t do any good.
FALSE.
All employees share responsibility for ensuring the workplace is free from all forms of sexual harassment.
TRUE.

29. True or False? What do you know about sexual harassment?
Men, as well as women may be either the perpetrators or victims of sexual harassment.
TRUE.
Sexual harassment may include actions by members of the opposite sex, as well as members of the employee’s own sex.
Sexual harassment complaints must be in writing before an investigation will be initiated.
FALSE.

30. True or False? What do you know about sexual harassment?
Riverview’s policy prohibits any form of retaliation against an employee who complains of sexual harassment or who cooperates in the investigation of a sexual harassment complaint.
TRUE.

31. “Coming together is a beginning. Keeping together is progress
“Coming together is a beginning. Keeping together is progress. Working together is success.” - Henry Ford Recognize People. Engage People. Treat People like Equals.

32. Questions?

33. Questions and Comments can be directed to:
Falco A. Muscante, Esq.
(Telephone)
(Facsimile)
SouthSide Works
424 South 27th Street, Suite 210
Pittsburgh, PA 15203