California Sexual Harassment Prevention Poker for Supervisors and Managers 1 Preventing, Identifying & Correcting Harassment in the Workplace Copyright.

Certificate of Attendance Acknowledgement Form 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 2011 HR Coach LLC All Rights Reserved 3

5 K♥

Name One. Civil Rights Act of 1866 (All men regardless of race have the right to buy property) Civil Rights Act of 1964 - Title VII ( race, color, religion, sex or national origin) Age Discrimination in Employment Act - 1967 Americans With Disabilities Act - 1990 Significant clarifications 1980 – Sexual Harassment is discrimination & illegal 1993 – Harassment based on discrimination is illegal Workplace must be FREE from harassment/EEOC enforces Title VII Uniformed Services Employment and Reemployment Rights Act (USERRA) – 2000 Copyright 2011 HR Coach LLC All Rights Reserved 6 K♥

According to the Equal Employment Opportunity Commission (EEOC) 2009, what do you think is the largest charge of discrimination and harassment in the United States? Copyright 2011 HR Coach LLC All Rights Reserved 7 8♣

Conduct is harassment if it is based on a legally protected status and It creates an intimidating or hostile work environment, or Unreasonably interferes with the individuals work, or adversely impacts the individuals employment opportunities. Conduct is harassment if it is based on a legally protected status and It creates an intimidating or hostile work environment, or Unreasonably interferes with the individuals work, or adversely impacts the individuals employment opportunities. Copyright 2011 HR Coach LLC All Rights Reserved 8 Q♥Q♥

The EEOC Guidelines state that employers are liable for the acts of those who work for them if they ___________ about the conduct and took no immediate, appropriate corrective action. Copyright 2011 HR Coach LLC All Rights Reserved 9 A♣ Fill in the Blank. knew or should have known

California Protected Categories (or perceived to be) Race Color Creed Religion Sex Gender identity Pregnancy Child birth National origin Ancestry Age Marital/domestic partner status Physical disability Mental disability HIV & Aids Medical condition (cancer and genetic characteristics) ) Vietnam era veteran status Sexual orientation Transgender status The employee's opposition to any violations of law, association with others protected by law, or any other consideration made unlawful by federal, state or local laws. Denial of Family Leave (PFL) Copyright 2011 HR Coach LLC All Rights Reserved 10

Employers with 50+ employees must train supervisors : - every 2 years - interactive - 2 or more hours - New supervisors 6 months Copyright 2011 HR Coach LLC All Rights Reserved 12 Module 1 – The Law 6♣6♣

Copyright 2011 HR Coach LLC All Rights Reserved 14 Assembly Bill 76 - Employers may be held liable for failing to protect their employees from harassment by anyone (vendor, student, employee, customer, etc.) in the course of their work. 10♥

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 2011 HR Coach LLC All Rights Reserved 15 one year KK

According to the DFEH and the EEOC, what are examples of some “remedies” that may be required by the company if they are found to have harassed or discriminated? 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 2011 HR Coach LLC All Rights Reserved 16 8♥

…a harasser can be personally sued in civil court, as well as their employer, after a complaint has been filed with the DFEH and a Right to Sue Notice has been issued. What is a Right to Sue Notice? 17 Remember… Module 1 – The Law 9♥9♥ Copyright 2011 HR Coach LLC All Rights Reserved

What are the effects of harassment at work?  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 2011 HR Coach LLC All Rights Reserved 20  Lawsuits  Financial settlements  Legal fees 6♥

What effect does harassment have on the victim? Individual  Psychological damage  Personal dignity  Self esteem  Feels powerless  Emotional well being  Professional development Individual  Psychological damage  Personal dignity  Self esteem  Feels powerless  Emotional well being  Professional development Copyright 2011 HR Coach LLC All Rights Reserved 21 2♠2♠

Effects of Harassment at Work Organizational  Negative publicity  Damage to the organization’s image  Damage to the organization’s reputation  Damage to the reputation and image of the entire management team Organizational  Negative publicity  Damage to the organization’s image  Damage to the organization’s reputation  Damage to the reputation and image of the entire management team Copyright 2011 HR Coach LLC All Rights Reserved 22

After years of law (and training), why do people still behave badly at work? I didn’t know that was inappropriate Everyone here does it I didn’t realize what I was doing Family culture I was just joking Nothing offends me Not held accountable Copyright 2011 HR Coach LLC All Rights Reserved 23 Q♣Q♣

Why Are Some Managers Reluctant to Coach Regarding Harassment? Copyright 2011 HR Coach LLC All Rights Reserved 25 It’s uncomfortable, they don’t know how, unsure of proper steps, worried about being accused themselves. 9♣9♣

Why do some employees hesitate to report harassment? It’s embarrassing! It’s humiliating! It’s risky! They are worried about their job! It’s embarrassing! It’s humiliating! It’s risky! They are worried about their job! Copyright 2011 HR Coach LLC All Rights Reserved 26 7♣7♣

Preventing harassment at work begins with a clearly written company policy. Copyright 2011 HR Coach LLC All Rights Reserved 28 How do we prevent harassment? How do we prevent harassment? Module 3 - Prevention 3♣

Harassment is illegal and will not be tolerated Alternative complaint process (to a senior manager or HR ) Disciplinary action against anyone who violates the policy Confidentiality Statement A definition of harassment Examples of inappropriate conduct Contact info to the CA DFEH and EEOC Investigation procedure Statement about anti- retaliation Copyright 2011 HR Coach LLC All Rights Reserved 29 Module 3 - Prevention

Why is training important? Training and education provides information that you may not have received before…and it gives you an awareness of the pain and indignity of harassment… and closes the door on harassers. Copyright 2011 HR Coach LLC All Rights Reserved 30 Module 3 - Prevention 22

 Direct contact with employees, first line of defense  Represent the employer  Legally obligated  Employers are strictly held liable for harassment by a supervisor  Legitimate power. Copyright 2011 HR Coach LLC All Rights Reserved 31 Module 1 – The Law 4♥

What does “Be Proactive” mean? Tending to initiate change rather than reacting to events. How do you do this when it comes to discrimination and harassment? Copyright 2011 HR Coach LLC All Rights Reserved 33 Module 3 - Prevention 3♠3♠

Assure employees that they will not experience retaliation for reporting harassment… and that e mployees that retaliate against individuals for making a complaint are subject to disciplinary actions. Copyright 2011 HR Coach LLC All Rights Reserved 34 Module 3 - Prevention J♣

You may have to “remind” employees about gossiping about someone’s love life. Why? Remind employees that gossiping about someone’s sexuality, relationship’s, or love life could be a form of sexual harassment. Copyright 2011 HR Coach LLC All Rights Reserved 35 Module 3 - Prevention

Be Self Aware. What jokes do you tell?What jokes do you laugh at? Copyright 2011 HR Coach LLC All Rights Reserved 36 Module 3 - Prevention Don’t say or do anything that might be construed as inappropriate.

Pay Attention to How Your Employees Dress Cleavage, tight fitting clothes, inappropriate graphics on t-shirts or tattoos, exposed underwear, etc., may be offensive to the average person in the average work place. Copyright 2011 HR Coach LLC All Rights Reserved 37 Module 3 - Prevention What should you do if you have an employee that is dressed inappropriately? 4♠4♠

Avoid any physical contact even adjusting clothing or putting your hand on or around a shoulder. Copyright 2011 HR Coach LLC All Rights Reserved 38 Module 3 - Prevention How do you feel about being touched at work? 5♠5♠

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. Copyright 2011 HR Coach LLC All Rights Reserved 42 Module 3 - Prevention 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? 6♠6♠

Personal Example  Set the tone for others to follow.  Be a positive example.  Demonstrate appropriate behaviors Copyright 2011 HR Coach LLC All Rights Reserved 43 Module 3 - Prevention What is the most effective thing you can do to stop inappropriate behavior? 7♠7♠

What are some tips for Coaching and Counseling? You see it happen… Criticize in private (Praise in public) Say, “that is not appropriate for work” Don’t judge Take the opportunity for a teaching moment Use authority if necessary Employee complains to you… Listen Feedback Get help from HR Let HR investigate If a warning is needed work with HR, follow up and re- enforce Copyright 2011 HR Coach LLC All Rights Reserved 44 Module 3 - Prevention 2♣2♣ 10 

Discrimination is the act of discriminating, or distinguishing differences the ability to make or perceive distinctions; perception; discernment Illegal Discrimination is partiality, or bias, in the treatment of a person or group, which is unfair, illegal, etc. Discrimination is the act of discriminating, or distinguishing differences the ability to make or perceive distinctions; perception; discernment Illegal Discrimination is partiality, or bias, in the treatment of a person or group, which is unfair, illegal, etc. Copyright 2011 HR Coach LLC All Rights Reserved 46 Module 4- Identifying QQ

 What does the term Quid Pro Quo mean?  Latin for “this for that”  Offering employment benefits in exchange for sexual favors Copyright 2011 HR Coach LLC All Rights Reserved 52 Module 4- Identifying 9♠9♠

Sexual comments including graphic comments about an individual’s body. Hazing or initiation aspects that have a sexual impact. Sexually degrading words used to describe an individual. Copyright 2011 HR Coach LLC All Rights Reserved 55 Module 4- Identifying

In some circumstances, the use of terms, such as “honey”, “doll”, “chick”, “sweetie”, “mamasita (little mama)” or “babe” may constitute sexual harassment. Copyright 2011 HR Coach LLC All Rights Reserved 59 Module 4- Identifying K♠K♠ Does anything bug you?

Sexual Harassment is: In terms of sexual harassment, what is a “Hostile Work Environment”? - Saying things that are sexual - Saying things related to sex Copyright 2011 HR Coach LLC All Rights Reserved 60 Module 4- Identifying A♠A♠

You are a supervisor with five years on the job. You have just completed this course on preventing harassment. You find the other supervisors continuously use obscenities and sexual jokes. Copyright 2011 HR Coach LLC All Rights Reserved 64 Module 4- Identifying 5♥5♥

You are the manager. Three men complain to you about sexually offensive comments and unwanted physical contact from other male co- workers. You are the manager. Three men complain to you about sexually offensive comments and unwanted physical contact from other male co- workers. Copyright 2011 HR Coach LLC All Rights Reserved 66 Module 4- Identifying A♥

You are the manager. One of your female employees submits her resignation. She tells you she is leaving the company because her male supervisor repeatedly tells demeaning sexual stories about a female co-worker and a female client and that he frequently makes sexual advances toward her (suggesting a threesome at one point) as well as regularly compliments her, telling her how beautiful she is –how wonderful her hair looks- how he loves the sexy outfit she is wearing- which makes her feel very uncomfortable. (There is no HR Department). You are the manager. One of your female employees submits her resignation. She tells you she is leaving the company because her male supervisor repeatedly tells demeaning sexual stories about a female co-worker and a female client and that he frequently makes sexual advances toward her (suggesting a threesome at one point) as well as regularly compliments her, telling her how beautiful she is –how wonderful her hair looks- how he loves the sexy outfit she is wearing- which makes her feel very uncomfortable. (There is no HR Department). Copyright 2011 HR Coach LLC All Rights Reserved 68 Module 4- Identifying 3♥3♥

Answer - Exercise 3 Sad but true, this is a real case. The Commission ruled that the employee quit her job because it was too demeaning to work there. Copyright 2011 HR Coach LLC All Rights Reserved 69 NO MORE Module 4- Identifying

She was awarded back pay and emotional distress damages. The employer also had to pay an administrative penalty. The organization was ordered to distribute a sexual harassment prevention policy, provide training and display all required posters prominently in the workplace. Copyright 2011 HR Coach LLC All Rights Reserved 70 NO MORE Module 4- Identifying

Although there are no specific laws in the US (there are in other countries) Public Displays of Affection can, in extreme cases, be considered sexual harassment. Although there are no specific laws in the US (there are in other countries) Public Displays of Affection can, in extreme cases, be considered sexual harassment. Copyright 2011 HR Coach LLC All Rights Reserved 72

Know and be prepared to explain your company policy. No one in the organization is exempt from the conditions of employment as set forth in the policy. Copyright 2011 HR Coach LLC All Rights Reserved 74 Module 5 - Correction 99

Investigate all complaints of harassment to find supporting facts. Give all accused of harassment an opportunity to respond. Copyright 2011 HR Coach LLC All Rights Reserved 76 Module 5 - Correction 77

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 2011 HR Coach LLC All Rights Reserved 77 Module 5 - Correction 66

Tell them what they did wrong. Tell them what they need to do to fix it. Tell them the consequences. Provide a timeframe for follow up and feedback. Always document. Copyright 2011 HR Coach LLC All Rights Reserved 78 Module 5 - Correction 55

Assure employees that complaints and the identities of the parties involved will be kept confidential but only to the extent that it is possible. All complaints of harassment must be investigated…no matter if the complainant wants you to take any action. Copyright 2011 HR Coach LLC All Rights Reserved 79 Module 5 - Correction 44

Cooperate fully with the investigation. Be honest. Don’t be defensive. Learn something about empathy. Recognize that different people see things differently. And remember, a simple apology for a misunderstanding, can go a long way. Copyright 2011 HR Coach LLC All Rights Reserved 80 Module 4- Identifying 2♥2♥

Question 2 Has the level of sexual harassment in your organization declined in the last 5 years?  Yes or  No? ----------------------------------------------------------------- Question 3 Everyone has a Voice What do you find offensive at work? Please use your worksheet to write down your answer. ------------------------------------------------------------------- Please be sure you have signed the training record. Please complete your certificate of completion. Please complete the training evaluation. Copyright 2011 HR Coach LLC All Rights Reserved 82

California Sexual Harassment Prevention Poker for Supervisors and Managers 1 Preventing, Identifying & Correcting Harassment in the Workplace Copyright.

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