1. Harassment Prevention
Welcome to Harassment Prevention training.

2. Objectives Understand why harassment prevention is important
Define types of harassment and their consequences
Recognize and prevent harassment
Respond to harassment if it occurs
Adhere to and enforce the Convergys’ policy against harassment
Today we are going to cover several harassment topics including sexual harassment. At the conclusion of this training, you will be able to:
Understand why harassment prevention is important
Define types of harassment and their consequences
Recognize and prevent harassment
Respond to harassment if it occurs
Adhere to and enforce the Convergys’ policy against harassment
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3. Importance It’s the right thing to do It’s the law
We value our employees and commit to an environment where we treat each other with respect, recognize excellence and challenge each individual to grow personally and professionally.
We value the unique combination of qualities and contributions that each individual brings to the workplace.
It’s the law
It damages public image
It’s costly
Unparalleled Client Satisfaction
Teamwork
Respect for the Individual
Why is harassment prevention so important?
First of all, it’s the right thing to do. Convergys has eight corporate values that govern the way we do business and treat each other. We have two values that directly influence these behaviors.
Respect for the Individual says we value our employees and commit to an environment where we treat each other with respect, recognize excellence and challenge each individual to grow personally and professionally. And Diversity says we value the unique combination of qualities and contributions that each individual brings to the workplace.
If we are to uphold these Convergys values, then we must treat everyone with the dignity and respect that they deserve.
It’s also the law. Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.
And finally it damages Convergys and your public image, and it is costly
Developing People
Diversity
Shareowner's
Trust
Corporate Citizenship
Integrity
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4. Definition Harassment
Any unwelcome verbal or physical conduct implicating a protected status (including race, color, creed, or other legally protected status) and may be viewed as harassment if such conduct has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment
In order to prevent harassment, we must understand what it is.
Harassment is any unwelcome verbal or physical conduct implicating a protected status (including race, color, creed, religion, national origin, citizenship, gender, age, physical or mental disability, political belief, sexual orientation, marital or family status, pregnancy, veteran status, economic status, or other legally protected status) and may be viewed as harassment if such conduct has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. Supervisors, coworkers, vendors, and clients can all commit harassment.
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5. Definition Sexual Harassment
Unwelcome sexual advances and/or requests for sexual favors and/or other verbal or physical conduct of a sexual nature. Examples may include, but are not limited to, unwelcome conduct such as: flirtations, advances, verbal comments of a sexual nature, unnecessary touching of an individual, displays of sexually suggestive materials
In order to prevent sexual harassment, we must understand what it is.
Sexual harassment includes unwelcome sexual advances and/or requests for sexual favors and/or other verbal or physical conduct of a sexual nature. Examples may include, but are not limited to, unwelcome conduct such as: flirtations, advances or propositions; verbal comments of a sexual nature; subtle pressure or requests for sexual activities; unnecessary touching of an individual; displays of sexually suggestive materials, objects, or pictures; sexual jokes; other comments or behaviors of a sexual nature.
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6. What is Prohibited? Race Color National origin Citizenship Religion
Gender
Sex
Sexual orientation
Age
Marital status
Pregnancy
Disability
So what exactly is prohibited? The law disallows discrimination or harassment that is based on
Race Race is a division of humankind with certain distinguishing characteristics in common which indicate distinctive origins
Color color discrimination occurs when a person is discriminated against based on the lightness, darkness, or other color characteristic of the person. Even though race and color clearly overlap, they are not synonymous
National origin The country--including those that no longer exist--of one's birth or of one's ancestors' birth. "National origin" and "ethnicity" often are used interchangeably, although "ethnic group" can refer to religion or color, as well as country of one's ancestry.
Citizenship country or countries where citizenship is held
Religion Includes all aspects of religious observance and practice and religious beliefs.
Gender
Sex
Sexual orientation The focus of a person's amorous or erotic desires and feelings toward members of the opposite or the same gender.
Age
Marital status
Pregnancy
Disability visible or not visible Defined as a physical or mental impairment that substantially limits one or more of an individual’s major life activities (i.e., walking, talking, standing, sitting, etc.)
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7. Race, Color, and National Origin
Disparaging labels
Jokes
Stereotypes
Comments regarding Accent or manner of speaking
Race, Color, or National Origin
Inappropriate behavior includes:
Disparaging Labels written or stated
Jokes written or spoken
Stereotypes – i.e. Asians are better at math
Comments regarding accents or manner of speaking
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8. Religion Comments regarding attire or practices
Asking about religious affiliation
Pressure to participate in religious events or holiday activities
Religion
Inappropriate behavior includes:
Comments regarding attire or practices
Asking about religious affiliation or pressure to participate in religious events
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9. Gender, Sex, and Sexual Orientation
Jokes about someone looking masculine or feminine
Stereotypes about gender
Comments regarding sexual orientation
Questions regarding HIV status
Gender
Inappropriate behavior includes:
Jokes about someone looking masculine or feminine
Stereotypes about gender i.e. blonde jokes or men have no feelings
Sexual Orientation
Comments or jokes reflecting prejudice regarding one’s sexual orientation
Questions or comments regarding HIV Status
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10. Age Jokes Comments Stereotypes linked to age
Questions regarding retirement
Age
Inappropriate behavior includes:
Jokes about someone’s age
“Old Folks” or ‘young kids these days’ comments
Grey hair comments
Stereotypes linked to age
Questions regarding retirement plans
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11. Marital Status and Pregnancy
Jokes
Stereotypes
Comments about being either single or married
Comments regarding pregnancy or plans for pregnancy
Efforts to not hire, not reinstate, or fire employee
Marital status
Inappropriate behavior includes:
Comments about being either single or married
Pregnancy
Comments regarding pregnancy or plans for pregnancy
Efforts to not hire, not reinstate, or fire employee
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12. Disability Comments regarding someone looking or acting disabled
Remember, disabilities can be visible or not visible
Disability
Inappropriate behavior includes:
Comments regarding someone looking or acting disabled
Remember, disabilities can be visible or not visible
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13. What is Sexual Harassment?
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment
What is Sexual Harassment?
The EEOC defines Sexual Harassment as: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
The harasser can be the victim's supervisor, a third-party client or vendor of the employer, a supervisor in another area, a co-worker, or a non-employee.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser's conduct must be unwelcome.
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14. What is Sexual Harassment?
Victim and/or harasser may be a woman or a man
Victim does not have to be of the opposite sex
Harasser can be
Victim's supervisor
Third-party client or vendor
Supervisor in another area
Co-worker
Non-employee
Victim does not have to be the person harassed but could be anyone affected by the offensive conduct
It may occur without economic injury to or discharge of the victim
Conduct must be unwelcome
What is Sexual Harassment?
The EEOC defines Sexual Harassment as: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
The harasser can be the victim's supervisor, a third-party client or vendor of the employer, a supervisor in another area, a co-worker, or a non-employee.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser's conduct must be unwelcome.
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15. Quid Pro Quo This for That
Occurs when an individual's submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions affecting the individual or the individual's submission to such conduct is made a term or condition of employment.
Threat of economic loss
A single sexual advance may constitute harassment
Courts have held employers strictly liable
A subordinate who submits and then changes her or his mind and refuses can still bring quid pro quo sexual harassment charges
There are two types of sexual harassment, Quid pro quo and hostile work environment.
Quid pro quo, translated as this for that, sexual harassment occurs when an individual's submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions affecting the individual or the individual's submission to such conduct is made a term or condition of employment.
It is sufficient to show a threat of economic loss to prove quid pro quo sexual harassment.
A single sexual advance may constitute harassment if it is linked to the granting or denial of employment benefits.
Courts have held employers strictly liable for quid pro quo sexual harassment initiated by supervisory employees.
A subordinate who submits and then changes her or his mind and refuses can still bring quid pro quo sexual harassment charges.
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16. Convergys Policy
Dating, request for dates and/or personal relationships between management and persons within their scope of influence are prohibited. In addition, the behavior defined above is prohibited between a Convergys employee and our clients’ employees.
Management is defined as all exempt positions to include Manager, Supervisor, Trainer, Director and above.
Scope of influence includes the ability to affect salary, promotional status, performance appraisal content, project assignment, etc. If you are unsure if you fall within the scope of influence of another person, contact human resources for clarification.
The Convergys policy provides guidelines and definitions to follow regarding relationships in the workplace. Employees should avoid situations where a conflict of interest may occur or where workplace relationships may result in claims of favoritism or harassment.
Dating, request for dates and/or personal relationships between management and persons within their scope of influence are prohibited. In addition, the behavior defined above is prohibited between a Convergys employee and our clients’ employees.
Management is defined as all exempt positions to include Manager, Supervisor, Trainer, Director and above. Scope of influence includes the ability to affect salary, promotional status, performance appraisal content, project assignment, etc. If you are unsure if you fall within the scope of influence of another person, contact human resources for clarification.
Failure to comply with this policy will result in disciplinary action up to and including termination.
For more information, consult the policy manuals that can be found on HR Portal.
Reference: Code of Business Conduct, Employment of Relatives Policy
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17. Advice For Supervisors
Should not date or have sex with people within their scope of influence
Can never be sure if the behavior is welcome, because employees may feel pressure to keep their jobs
Can coworkers date each other, the answer is yes. But remember, there are potential risks.
To avoid sexual harassment accusations supervisors should not date or have sex with their subordinates. Remember, supervisors can never be sure if their behavior is welcome, because employees may feel pressure to keep their jobs. Even real romances between supervisors and subordinates may turn sour and lead to accusations of sexual harassment.
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18. Hostile Work Environment
Unwelcome verbal, visual, or physical conduct that unreasonably interferes with an employee’s work performance
Offensive Language
Flirtations
Hostile work environment harassment occurs when unwelcome sexual conduct is sufficiently severe and pervasive and unreasonably interferes with an individual's job performance or creates a hostile, intimidating or offensive work environment even though the harassment may not result in tangible or economic job consequences, that is, the person may not lose pay or a promotion. An occurrence may be severe or frequent. Employers, supervisors, coworkers, customers, or clients can create a hostile work environment.
Examples of behaviors that could result in an allegation of hostile work environment harassment include:
Flirtations, advances or propositions
Subtle pressure or repeated requests for sexual favors
demeaning sexual inquiries and vulgarities
offensive language
other verbal or physical conduct of sexual or degrading nature
sexually offensive, explicit or sexist signs, cartoons, calendars, literature or photographs
offensive and vulgar graffiti
comments, jokes and slurs of a sexual nature
inappropriate touching
The federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. The conduct must be sufficiently frequent or severe to create a hostile work environment or result in a “tangible employment action,” such as hiring, firing, promotion, or demotion.
Inappropriate
Touching
Jokes
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19. Hostile Work Environment
All employees can commit
Employer is responsible for non-employees
Failure to stop repetition may result in liability
Supervisory even if no one knew
Coworker if company knew or should have known
Individual personally liable
All employees can commit this type of harassment and an employer is responsible for non-employees as well. Single incidents may not be illegal, but failure to stop repetition may result in liability using the “reasonable victim standard.”
In some states, like California, a company is liable for supervisory harassment, even if no one knew, that a company is liable for coworker harassment, if company knew or should have known, and that individual harassers can be held personally liable.
Thus a prompt and effective internal remedy is the best way to avoid a legal claim.
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20. Examples of Sexual Harassment
Verbal comments regarding physical attributes
Sexual jokes
Sexual names
Discussion of pornographic movies
Discussions of fantasies or experiences
Sexual comments
Repeatedly asking someone out
Some examples of sexual harassment are verbal comments regarding physical attributes like “You have nice legs.” Sexual jokes. Sexual names like “baby,” “sweetheart,” “honey” and the discussion of pornographic movies.
Others are discussions of fantasies/experiences like “I had a dream about you last night”, sexual comments such as “If I said you had a beautiful body, would you hold it against me?” and repeatedly asking someone out
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21. Visual Harassment
30% had disciplined employees for Internet use unrelated to work, and 20% had fired employees for same
18% had disciplined employees for sending excessive personal s at work and/or using instant messaging for matters unrelated to work
A recent survey of Human Resources Managers in the US found that 30% had disciplined employees for Internet use unrelated to work, and 20% had fired employees for same and 18% had disciplined employees for sending excessive personal s at work and/or using instant messaging for matters unrelated to work.
Visual conduct that includes leering, making sexual gestures or displaying of sexually suggestive objects or pictures, cartoons or posters.
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22. Third Party Harassment
Third Party Harassment is when an employee who is not the target of the harassment witnesses the visual, verbal or physical harassment
Third Party Harassment is when an employee who is not the target of the harassment witnesses the visual, verbal or physical harassment.
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23. Supervisor Behaviors Supervisors are responsible for behavior at Work
Business trips
Holiday parties and picnics
Happy hours after work
ANY Company-sponsored or company-related function
Text Messages
FaceBook, etc
Please see the Social Media Policy on the portal
Remember, supervisors are supervisors 24/7 in regards to their employees. A supervisor is responsible for his or her behavior at work, on business trips, at holiday parties and picnics, happy hours after work, and ANY Company-sponsored or company-related function.
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24. Retaliation Dismissal Demotion or transfer Negative evaluation
Changing tasks or assignments as a form of punishment
Committing acts of Retaliation is not permitted. Retaliation, or ‘get even’ tactics, might include: The four tactics listed below are what one would do to retaliate against someone if tey feel they have been wronged
dismissal
demotion or transfer
negative evaluation
changing tasks/assignments as a form of punishment
Employee cannot be retaliated against for raising issue. Witness cannot be retaliated against for participating in investigation. Retaliation claims as dangerous as underlying discrimination/ harassment claim. If an employee has complained about harassment, adverse changes in working conditions may be viewed as retaliation.
No person shall threaten or imply that submission to, or rejection of, sexual advances will positively or negatively affect an employee’s employment, working conditions, performance evaluation, compensation, advancement opportunity, assigned duties, or any other aspect of the employment relationship. This policy confirms that submission to unwelcome advances never will constitute an actual condition of employment at Convergys, and any representation to the contrary is not to be relied upon. .
As a supervisor, you should monitor workplace to assure harassment has stopped and that there is no retaliation. If an employee has complained about harassment, adverse changes in working conditions may be viewed as retaliation.
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25. Common Misperceptions
The person being harassed must complain
If the victim asks you to do nothing, you are free to do nothing
If the victim refuses to cooperate, you are free to do nothing
If the victim engages in the same conduct, you cannot be liable
If It’s happening in someone else’s department, it’s not your responsibility
Here are some common misconceptions that you should be aware of.
The person being harassed must complain can I say ‘it can be observed and reported by another person’?
If the victim asks you to do nothing, you are free to do nothing say ‘Once a accusation has been made it MUST be reported’
If the victim refuses to cooperate, you are free to do nothing say ‘Once a accusation has been made it MUST be reported’
If the victim engages in the same conduct, you cannot be liable Not exactly sure what this means or maybe could be explained more clearly
If It’s happening in someone else’s department, it’s not your responsibility say ‘We have a responsibility to the safety of all of our employees so once a accusation has been made it MUST be reported’
In ALL cases the incident MUST be reported to HR and an investigation will begin
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26. What To Do If It Happens to You
Consider telling the offender that you are uncomfortable, and you want the behavior to stop
Maintain a record of the incident, the meeting and any response to the request
Who?
What happened? Did it happen more than once?
Where did the incident occur?
When did the incident occur?
How?
Any witnesses?
You may bypass dialogue and proceed directly to filing a formal written complaint
Speak to or submit a statement in writing to the attention of your Manager or to a Human Resources or Employee Relations representative
The Human Resources or Employee Relations representative will investigate and decide on the appropriate remedy
All employees of Convergys are to avoid behaviors that constitute harassment or sexual harassment or lead to a hostile work environment. Employees who believe they have been subjected to harassment or sexual harassment are encouraged to use the internal complaint procedure.
Consider telling the offender that you are uncomfortable, and you want the behavior to stop. Convergys encourages anyone who believes that (s)he is being harassed to personally discourage the person(s) involved from continuing the unwelcome conduct.
Maintain a record of the incident, the meeting and any response to the request.
Who?
What happened? Did it happen more than once?
Where did the incident occur?
When did the incident occur?
How?
Any witnesses?
You may bypass dialogue and proceed directly to filing a formal written complaint.
If a more formal complaint procedure is preferred, speak to or submit a statement in writing to the attention of your manager or to a human resources/employee relations representative.
The Human Resources/Employee Relations representative will investigate and decide on the appropriate remedy.
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27. Supervisor’s Response to a Complaint
Remain objective and neutral
Assure complainant that company does not condone harassment and discrimination and will take appropriate action
Inform Human Resources immediately
Refrain from discussing the matter
Assist in investigation and response if requested
When a harassment issue is brought to your attention, as a supervisor:
Remain objective and neutral
Assure complainant that company does not condone harassment and discrimination and will take appropriate action
Inform Human Resources immediately
Refrain from discussing the matter
Assist in investigation and response if requested
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28. Tips Give the name and phone number Put employee at ease
Do not express an opinion
Contact Human Resources as a follow-up
Do not document in the employee’s file
Assist if requested
Put employee at ease
Take every issue seriously
Make it private
Be considerate
Listen to the issue
Refer to Human Resources
Refrain from discussing
Do not agree that you will keep everything confidential
The employee who comes to you and says that he or she has been sexually harassed or treated inappropriately can be embarrassed and upset and possibly angry as well so here are some tips.
Put the employee at ease
Take every issue seriously.
Make sure the meeting is held in private; avoid interruptions.
Do not agree that you will keep everything confidential, just between you and the employee. You can promise the employee that the matter will be shared with only those people who have a business need to know. Be considerate. Make it clear that the person speaking with you has your undivided attention.
Listen to the issue; make him or her aware of the company policy and procedures for reporting; refer him or her immediately to Human Resources; offering to accompany the employee to Human Resources.
Refrain from discussing matter.
Give the name and phone number of the appropriate Human Resources contact to whom you will refer this person.
Do not express an opinion about the action the Company might take. Action depends upon a variety of factors. All possibilities will be discussed by Human Resources with the person who is bringing the mater to you.
Contact Human Resources yourself as a follow-up or if the individual does not go to Human Resources. The incident MUST be reported.
There should be NO harassment documentation in the employee’s file. All formal documentation will be done by Human Resources and kept in Human Resources.
Assist in the Investigation/Response if requested.
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29. HR’s Response To A Complaint
Interview accuser and accused
Identify witnesses and documents
Maintain confidentiality to the extent possible
Take appropriate corrective action
Take steps to prevent retaliation
After report of a complaint to HR, the investigation will start immediately. HR will
Interview accuser and accused
Identify witnesses and documents
Maintain confidentiality to the extent possible
Take appropriate corrective action
Take steps to prevent retaliation
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30. Remedies Make the employees whole Prevent misconduct from recurring
The remedies available to employees attempt to make the employees whole by restoring lost benefits and prevent misconduct from recurring. Specific Remedies could including monetary compensation including lost wages, damages, Attorneys’ fees. Thus is can be a substantial cost to the company and you personally.
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31. Employees Who Report Harassment
Losing Their Jobs
Bad Evaluations
Negative Job References
Being Labeled a “Troublemaker”
Employees who report harassment should never be in fear of
Losing Their Jobs
Bad Evaluations
Negative Job References
Being Labeled a “Troublemaker”
On the other hand, employees who DELIBERATELY make false claims of harassment or discrimination will be subject to disciplinary action, including termination of employment.
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32. Convergys Responsibilities
Take steps to stop the harassment and prevent retaliation
Ensure that disciplinary measures should be proportional to the seriousness of the offense
Correct harassment that is clearly unwelcome regardless of whether a complaint is filed
Ensure that its supervisors and managers understand their responsibilities
Keep records of harassment complaints
An employee who believes he/she has been a victim of sexual harassment or who otherwise is aware of harassment of any kind should report the incident immediately to his/her supervisor. In the event the supervisor is the subject of the complaint or if the employee is uncomfortable talking to his/her supervisor, the employee should report the incident to Human Resources.
How will Convergys correct harassment?
If Convergys determines that harassment occurred, it will take immediate measures to stop the harassment and ensure that it does not recur. Disciplinary measures will be proportional to the seriousness of the offense. Convergys also will correct the effects of the harassment by, for example, restoring leave taken because of the harassment and expunging negative evaluations in the employee's personnel file that arose from the harassment.
Convergys correct harassment that is clearly unwelcome regardless of whether a complaint is filed. For example, if there is graffiti in the workplace containing racial or sexual epithets, management will not wait for a complaint before erasing it.
Convergys will ensure that its supervisors and managers understand their responsibilities under the organization's anti-harassment policy and procedures.
Convergys will keep records of harassment complaints and check those records when a complaint of harassment is made to reveal any patterns of harassment by the same individuals.
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33. Supervisor’s Responsibility
Participate in harassment prevention training
Know the harassment policy and complaint procedures
Contribute to the maintenance of a harassment-free work environment
Take a a visual and auditory inspection of workplace
Contact Human Resources if you observe behavior you believe is harassing
Monitor workplace to assure harassment has stopped and no retaliation
It is the supervisor’s responsibility to contribute to the maintenance of a harassment-free work environment, and to make sure his or her employees act appropriately in the work place. This includes not only by fellow employees, but also by other persons with whom the company is affiliated and/or conducts business. You can do this by:
Participate in harassment prevention training which you are doing right now
Know the harassment policy and complaint procedures
Contribute to the maintenance of a harassment-free work environment
Take a a visual and auditory inspection of workplace
Contact Human Resources if you observe behavior you believe is harassing
Monitor workplace to assure harassment has stopped and no retaliation
Supervisors are expected to intervene and contact Human Resources if they observe behavior they believe is harassing or if allegations of such behavior are brought to their attention. Since a supervisor has the authority to make tangible employment decisions on behalf of the company, the supervisor has a responsibility for reporting any signs of harassment, and is liable if he or she neglects to report or acts appropriately on behalf of the company.
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34. Finally . . .
Would you be acting like this or saying this if you knew someone was watching?
Would you be acting this way if your significant other were standing next to you?
Is the flirtation, joking, or teasing you’re engaged in worth a six-figure lawsuit?
Harassers take a big gamble. They can face disciplinary action up to and including termination, individual liability, the possible destruction of their families, and bad publicity not only for themselves but Convergys. In order to avoid harassment claims, ask yourself the following:
Would you be acting like this or saying this if you knew someone was watching?
Would you be acting this way if your significant other were standing next to you?
Is the flirtation, joking, or teasing you’re engaged in worth a six-figure lawsuit?
If not, DON’T DO IT!!
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