1. JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy. 1 Addressing Workplace Harassment Employer’s Responsibilities Anne Hirsh - JAN Jeffrey Daniels, Ph.D. – WVU Dexter R. Brooks - EEOC January 12, 2016

2. Addressing Workplace Harassment Overview  Definitions & Prevalence  Employer Responsibility  Employee Actions  Resources  Questions 2

3. Addressing Workplace Harassment What is workplace harassment Harassment is any unwelcome verbal or physical conduct based on one of the protected bases (disability) that is so objectively offensive as to alter the conditions of the victim's employment. This standard is met when  The conduct culminates in a tangible employment action, or  The conduct was sufficiently severe or pervasive to create a hostile work environment 3

4. Addressing Workplace Harassment What is NOT workplace harassment?  However, the anti-discrimination statutes are not a general civility code. Thus federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. Rather, the conduct must be so objectively offensive as to alter the conditions of the individual’s employment. The conditions of employment are altered only if the harassment culminated in a tangible employment action or was sufficiently severe or pervasive to create a hostile work environment. 4

5. Addressing Workplace Harassment What are other names people sometimes use when describing workplace harassment?  Bullying  Violence  Mobbing  Workplace aggression  Workplace hostility  Psychological violence These words do not always mean the behavior is a violation of the law! 5

6. Addressing Workplace Harassment How prevalent is workplace harassment?  In a 2015 study of 17,524 workers in the US, 8.1% reported being harassed in the past 12 months  EEOC 2014 complaint data shows that harassment accounts for 47% of complaints filed in federal sector and 30% of charges filed in the private sector.  2014 Workplace Bullying Institute - U.S. Workplace Bullying Survey  27% of Americans have suffered abusive conduct at work  21% have witnessed it  72% are aware that workplace bullying happens 6

7. Addressing Workplace Harassment Research related to workplace harassment  Several studies have been conducted using the EEOC database – the National EEOC/Americans with Disabilities Act research project  In general, studies find that between 9% and 13% of all complaints are about workplace harassment  A study in the UK found that 43% of adults with intellectual disabilities reported being bullied within the previous three months 7

8. Addressing Workplace Harassment Research related to workplace harassment  In response to the prevalence of harassment in the workplace, EEOC established a taskforce to study harassment and find recommendations for addressing harassment. The taskforce is active and more information can be found at http://www.eeoc.gov/eeoc/task_force/harassment/i ndex.cfm http://www.eeoc.gov/eeoc/task_force/harassment/i ndex.cfm 8

9. Addressing Workplace Harassment What is the cost to employers who do not stop workplace harassment? Research by Workplace Bullying Institute http://www.workplacebullying.org/wbiresearch/wbi-archive/  Productivity and employee turnover 2003 Report of Workplace Bullying and Trauma Institute  37% of targeted individuals fired or involuntarily terminated  33% of targeted individuals quit  17% of targeted individuals transfer to another position  Cost of litigation – two examples  Cleaning Authority of Plainfield to Pay $15,000 to Resolve EEOC Disability Suit Cleaning Authority of Plainfield to Pay $15,000 to Resolve EEOC Disability Suit  Wal-Mart to Pay $150,000 to Settle EEOC Age and Disability Discrimination Suit Wal-Mart to Pay $150,000 to Settle EEOC Age and Disability Discrimination Suit 9

10. Addressing Workplace Harassment Are people with disabilities at increased risk to be victims of workplace harassment?  Research is mixed - Some studies of children in schools suggests an increased risk of bullying; however, other research shows comparable levels as non-disabled peers  Complaint data indicates that people with disabilities file harassment complaints at a higher rate than other populations 10

11. Addressing Workplace Harassment What can an employer do to prevent workplace harassment?  The best response to workplace harassment is prevention  Develop and publish anti-harassment policy with procedures to allow employees to report harassment early (this should be separate from filing an EEO complaint)  Clearly communicate to all employees that harassment will not be tolerated  Educate and train all employees on the policy and standards of conduct  Clearly explain the consequences for violating company policy 11

12. Addressing Workplace Harassment What can an employer do to prevent workplace harassment?  More presence from management  Disability awareness training  Allow support person at meetings, counselings, when appropriate  Develop workplace mentor program  Modify supervisory methods  Anonymous tip phone line or other method of informing 12

13. Addressing Workplace Harassment What should an employer do when they are aware of harassment in the workplace?  Document words  Document behaviors  Address alleged offender  Follow policy and procedure  Help victim recover 13

14. Addressing Workplace Harassment What can an employee do if he or she is being harassed in the workplace?  Document words/language  Document behaviors  Review company policy  Report harassment to supervisor or appropriate person  If appropriate, address harassment with the harasser 14

15. Addressing Workplace Harassment What if the harassment is coming from a supervisor?  Emphasis on informal-moving-to-formal resolution with a superior of the supervisor  An appropriate anti-harassment policy should have multiple avenues to raise harassment concerns including outside of an employee’s supervisory chain 15

16. Addressing Workplace Harassment What should an employee do if they fear violence in the workplace?  REPORT immediately – to a trusted supervisor; if there is a real threat, police may need to be involved  Most employers, and in particular federal agencies, have policies for addressing workplace violence which should be utilized 16

17. Addressing Workplace Harassment Resources  EEOC Definition of Harassment in the Workplace EEOC Definition of Harassment in the Workplace  EEOC Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors EEOC Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors  EEOC Select Task Force on the Study of Harassment in the Workplace EEOC Select Task Force on the Study of Harassment in the Workplace  Cleaning Authority of Plainfield to Pay $15,000 to Resolve EEOC Disability Suit Cleaning Authority of Plainfield to Pay $15,000 to Resolve EEOC Disability Suit  Wal-Mart to Pay $150,000 to Settle EEOC Age and Disability Discrimination Suit Wal-Mart to Pay $150,000 to Settle EEOC Age and Disability Discrimination Suit 17

18. Addressing Workplace Harassment Resources  Workplace Bullying Institute Workplace Bullying Institute  2014 WBI U.S. Workplace Bullying Survey 2014 WBI U.S. Workplace Bullying Survey  2003 WBI U.S. Workplace Bulling Survey 2003 WBI U.S. Workplace Bulling Survey  WA State Dept of Labor & Industries Resources on Stopping Workplace Bullying WA State Dept of Labor & Industries Resources on Stopping Workplace Bullying  JAN Document Addressing Workplace Harassment: Employer’s Responsibilities JAN Document Addressing Workplace Harassment: Employer’s Responsibilities  JAN Document Employees Experiencing Workplace Harassment JAN Document Employees Experiencing Workplace Harassment 18

19. Addressing Workplace Harassment Questions 19

20. Addressing Workplace Harassment Contact  (800)526-7234 (V) & (877)781-9403 (TTY)  www.AskJAN.org & jan@askjan.org 20