Harassment and Discrimination in the Workplace

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Harassment and Discrimination in the Workplace

• Harassment and Discrimination Prevention
• University of Regina

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Topics To Be Covered

• The Legislation and Historical Context for
  Policies
• Definitions and Examples
• The Effects of Harassment and Discrimination
• Handling Harassment Discrimination in the
  Workplace

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Why Is This An Important Topic?

• Harassment/discrimination are against the law
• Workplaces are required to have policies
• Diverse working communities
• Need to understand and respect each other
• Harassment and discrimination adversely affect
  individuals and workgroups

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How Does Harassment Occur?

• Stereotypes, prejudice
• Fear or feelings of inferiority
• Power and attempts to control others
• Cultural differences and life experiences
  including attitudes, values or perceptions

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Historical Context

• 1960s Civil rights and the womens movement
• Changes in cultural expectations and practices
  change laws
• Laws change what is acceptable and what is not
• 1970s - workplaces started to develop sexual
  harassment policies
• U of R policy since 1984
• Ongoing change and development of policies
• Legal cases and Human Rights Commission Decisions
  continue to change the practices and what is
  acceptable and what is not
• The definitions of what is harassment and how it
  should be dealt with continue to change

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Legislative Context

• Legislation requires that workplaces have
  policies based on Human Rights Legislation
• Charter of Rights and Freedoms
• Saskatchewan Human Rights Code
• Saskatchewan Occupational Health and Safety Act
• Canadian Criminal Code
• Changing legislation Quebec

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Prohibited Grounds

• Race, Colour, Nationality, Ancestry, Place of
  origin
• Creed, Religion
• Sex, Sexual orientation, Gender
• Family status, Marital status
• Disability
• Receipt of public assistance
• (Sask. Human Rights Code)
• Physical size, age or weight
• (Occupational Health and Safety Act)

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Definition of Harassment

• Behaviour, words, actions, communication or
  practices that
• A reasonable person would find humiliating or
  intimidating
• Constitute a threat to the health or safety of an
  individual
• Are unwanted and unwelcome

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Understanding Harassing Behaviour

• Behaviour can be subtle and hard to define
• A continuum of behaviour from mild to
  severe
• Are usually ongoing or a series of actions
• Can be based on the prohibited grounds
• Responsibility to convey unwelcome
• Harassment is an issue of power

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Examples of Harassing Behaviour

• Verbal
• Labels, sarcasm
• Vexatious taunts, jokes or innuendoes
• Verbal threats or intimidation, or abuse
• Lying, gossiping, ignoring, back stabbing
• Visual
• Display of offensive or derogatory material
• Gestures
• Eye rolling, mimicking, staring, leering
• Physical
• Invading personal space, unwanted touching,
  assault
• Attitudes
• That are condescending, patronizing or rude

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Examples of Sexual Harassment

• Persistent and unwanted flirting, requests for
  dates
• Unwanted gifts, phone calls, love letters, email
  notes
• Sexual jokes, innuendoes or teasing, display of
  pornographic material, gay jokes
• Gender based comments e.g. about sex life or
  body parts
• Staring, leering or gesturing
• Unwanted touching, patting, rubbing against or
  pinching
• Stalking, rape and other explicit sexual
  aggression
• Quid Pro Quo

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Definition of Discrimination

• Discrimination includes behaviour, actions or
  laws that
• Make an unjust distinction in the treatment of
  different categories of people specifically based
  on the prohibited grounds of Human Rights
  Legislation
• Impose burdens, obligations or disadvantages or
• Deny opportunities to an individual or a group of
  individuals
• Is often based on prejudice, ignorance, fear or
  stereotypes

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Personal Harassment

• Personal harassment is not based on the
  prohibited grounds
• Many harassment policies are now including
  personal harassment
• Includes behaviours such as
• Innuendoes, insults and put-downs
• Inconsistent compliance with rules
• Exclusion or withholding information
• Yelling, screaming, swearing, name calling
• Verbal threats, bullying
• Blaming someone else for mistakes that are not
  theirs
• Repeated criticism

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Harassment/Discrimination Are Not

• Appropriate direction of the work force
• Appropriate disciplinary action
• Practices required or permitted by law
• Relationships of mutual consent in which there is
  no conflict of interests
• Mutual interactions such as a hug between friends

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Personal Effects of Harassment

• Emotional
• Anger, depression, anxiety, stress, shock, fear,
  feeling of powerless, demoralized, frustration,
  humiliation, confusions, denial
• Disrupts relationships
• Feeling dismissed or discounted, loss of trust
• Physical
• Sleep disturbances, headaches, fatigue, stomach
  aches, eating disorders
• Personal
• Self doubt loss of trust, affects self esteem
• Social and economic

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Workplace Effects of Harassment

• Reduced productivity high staff turnover
• Job satisfaction and job performance decrease
• Unresolved conflict and gossip
• Absenteeism and illness
• Low staff morale
• Hostile Environment
• A lack of trust and safety

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Employer Responsibility

• Prevent harassment - Human Rights Commissions
  expect prevention, not just responding to
  complaints
• Create awareness
• Take complaints seriously
• Ensure a fair and timely process
• Are responsible for what happens in the workplace

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Responsibility of Managers and Supervisors

• Be knowledgeable about harassment and
  discrimination issues
• Be aware of the signs that harassment might be
  happening
• Stop inappropriate behaviour of any kind before
  it becomes harassment
• Model appropriate behaviour
• Coach employees about appropriate behaviour
• Can be held liable for harassment that is not
  dealt with

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Complaint Procedures

• Say No
• Let the person know the behaviour is unwanted and
  unacceptable
• Document what is happening - Take notes
• Seek assistance
• There are various options for resolution
• Complaints will be taken seriously
• Consultations are confidential
• Retaliation and malicious complaints will be
  dealt with

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Key Concepts in Dealing with Harassment

• Standards of reasonableness
• Impact versus intent
• Balance of probabilities
• Most harassment involves an abuse of power
• The process must be fair and impartial towards
  both complainant and respondent

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STOP Inappropriate Behaviour

• Source - the person who initiates the behaviour
• Target - the person to whom the behaviour is
  directed
• Observer - the bystander to the inappropriate
  behaviour
• Person in authority
• Mediation services, Winnipeg, Mb.

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Source

• If you have reason to think your action offends
  others, stop the behaviour
• Speak to the person if you notice they are
  reacting negatively
• Be aware of others body language and reactions
  to your behaviour
• If you think you have offended someone discuss
  the matter directly with them
• Listen to their response
• Take responsibility for your behaviour

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Target

• Tell the source that their behaviour is offensive
  and ask them to stop
• Either at the time of the incident or set another
  time
• Clearly describe what about the behaviour
  offended you and how it affected you
• If the behaviour continues, document the
  incidents and report it to someone in authority
• If the behaviour is serious report the incident
  to the appropriate person in the organization
• Seek advice and support in how to talk to the
  source

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Observer

• You have the responsibility to call attention to
  the behaviour
• Silence is consent - there is no such thing as
  an innocent bystander
• Become educated about harassment, discrimination
  and diversity
• Refuse to participate
• Support those who are being
• harassed

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Person With Authority

• Can be held liable for harassment that is not
  dealt with along with the organization
• Be knowledgeable
• Address inappropriate behaviour immediately
• When inappropriate behaviour is reported, take
  the situation seriously
• Provide options for resolution
• If nothing is done, the target sees the
  supervisor as supporting the behaviour and the
  source sees the behaviour as acceptable

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Four Important Questions

• Do I take part equally in the behaviour?
• Do I encourage the behaviour or return it - is it
  welcome?
• Would I approve if someone behaved like this with
  my child, parent, spouse or partner?
• Would I want this behaviour reported to family
  members or written about in the local newspaper?

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Assessing Humour

• Does it single out a vulnerable group?
• Does it promote prejudice?
• Who's having fun at whose expense?
• Does it reinforce a negative stereotype?
• From Out of Bounds Workshop, National Sport
  Centre, Calgary

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Conclusion

• The University of Regina seeks to create an
  environment free of harassment and discrimination
• We all have a responsibility to conduct ourselves
  in a manner that allows each person the rights of
  dignity and respect

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Email Jokes?

• Jane is an outgoing person in the office. She
  likes to joke and have fun with the other staff.
  One day Jane sends to all the office staff an
  email attachment with a series of jokes and
  comments which are gender derogatory to males.
• Is this sexual harassment? What can other people
  in the office do?

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More Jokes and Phone Calls

• It becomes a regular occurrence for Jane to send
  out the gender derogatory jokes and jokes with
  sexual connotations. No only that, but Jane
  makes personal phone calls during office hours
  and tells some of these jokes over the phone in a
  voice loud enough that it disturbs other people
  in the office.
• Is this sexual harassment? What can other members
  of the office do about it?

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Workplace

• Joan works part time as a receptionist in a busy
  doctors office. Frequently when she comes to
  work, one of the other receptionists makes
  mistakes in her filing and blames Joan. This
  person is gossiping about Joan, and once or twice
  has yelled at her in front of patients when she
  answered the telephone.
• What is happening to Joan? How do you think it
  is affecting her?

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Professor Student

• A male professor and a female graduate student
  are discussing a possible thesis topic in his
  office. He asks for her home phone number. She
  wonders why he needs it but decides that it is
  best not to question him and gives it to him. He
  then asks her a series of personal questions
  Does she live alone?Is she married? Does she have
  children? How will she balance school and family
  responsibilities?
• Is this harassment? What about personal
  relationships with professors and students?

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Breaking up

• A male student, John and a female faculty member
  Dr. Smith, have been dating for a year. During
  that time, he has been a student in one of her
  classes. The student wants to stop seeing the
  professor. He tries to breakup but she doesnt
  want to. Dr. Smith threatens to make a
  harassment complaint against John and threatens
  that he will not advance in his program if he
  breaks up with her. After John has said he wants
  to breakup, Dr. Smith writes him a series of
  nasty email letters and puts them on his car.
• Who is harassing who? What if it had been Dr.
  Smith who wanted to break up?

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Romantic relationship problems

• Last year, Jane and Dr. Smith has a romantic
  relationship that lasted for 6 months. This
  year, Jane began a graduate program in Dr.
  Smiths department. Dr. Smith is responsible for
  assigning teaching assistantships to graduate
  students in his department. One of the criteria
  is academic achievement. Jane and a fellow
  graduate student, John, have equally impressive
  academic standing. Dr. Smith must choose between
  Jane and John for the last available
  assistantship. John is aware that Jane and Dr.
  Smith had a previous romantic relationship.

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Romantic Relationship 2

• John has told Dr. Smith that if he does not
  assign the assistantship to him, he will file a
  sexual harassment complaint, arguing that Jane is
  being given special favours based on her
  relationship with Dr. Smith. Jane has told Dr.
  Smith that is he does not assign the
  assistantship to her that she will file a sexual
  harassment complaint. Based on retaliation
  against her for ending the relationship.
• What should Dr. Smith do?

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Fun on the Weekend

• George is a manager who invites some staff
  members to his cottage for a staff bar-b-q.
  George starts to make sexual innuendos and jokes
  about sexual matters throughout the evening. As
  the evening wears on and most members have gone
  home, things get a little carried away and George
  and three of his staff end up skinny dipping in
  the hot tub he has rented for the occasion.
• The next week George finds that he is the subject
  of a sexual harassment complaint.

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Jokes

• John and our other men who have worked together
  for 20 years traditionally shoot the breeze in
  the common lunchroom for their department.
  Usually their conversations include racial jokes.
  All the men think they are funny and all
  willingly participate in the discussion.
• Is there any problem with this? What about if a
  new person joins the crew and the new person
  finds the jokes offensive or is a member of the
  ethnic group they are joking about?

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Being One of the Guys

• Jack is always commenting to John and other
  co-workers about how sexy Johns wife is. Jack
  asks John person questions about his sex life.
  John does not like the comments or questions but
  he is too embarrassed to complain. He mentioned
  his discomfort to one of his co-workers and was
  told that if he complains, the others wouldnt
  see him as one of the guys anymore.
• Is John being sexually harassed?

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What Is Happening?

• Martha has recently transferred to a new position
  as an administrative assistant. She enjoys her
  new job, works hard and at first things are going
  well, then Dr. K, her boss, blames Martha for
  forgetting to copy some material that Dr. K
  states she provided her. Martha is sure she did
  not receive the material. Another time Dr. K
  yells at her in a staff meeting. Another time Dr.
  K. publicly threatens that Martha will not pass
  her probationary period unless she improves her
  work standards. Martha is becoming more and more
  upset each day.
• What is happening here?

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Student Pressure

• John is a young faculty member, in his first
  teaching position. He notices that a female
  student from his psychology class seems to be
  stopping frequently after class to ask questions.
  She starts coming around to his office at the
  end of the day, when he is about to go home. Her
  conversations turn from questions about the
  course to her personal life and problems. John is
  not interested in a personal relationship with
  the student but does not know what to do.
• Is this sexual harassment? What should John do?
  What if John was attracted to the student? What
  if John was a teaching assistant?

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Comments in class

• Joan is a first year student. In her history
  class, the professor frequently makes comments
  which she finds derogatory regarding people from
  the country her grandparents came from. He also
  uses crude language and gestures when talking
  about this country. Joan feels very
  uncomfortable but she does not want to say
  anything.
• Is this harassment and/or discrimination? What
  could she do?

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The Teaching Assistant

• A female undergraduate student goes to the
  teaching assistant for her class for help with an
  assignment. Subsequently, he singles her out for
  attention in class. He waits after class to talk
  to her about her work. He suggests that they go
  for coffee and talk about the course. He tells
  her that he is new in Regina and that he is very
  lonely. The student is uncomfortable and
  experiences the attention as sexual pressure.
  She is afraid that if she complains, he will make
  her life miserable in class.
• Is this harassment? Is it consensual?

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The art history paper

• Jane is distraught because she has received a
  failing grade on her art history paper. The
  professor has commented on the paper that Janes
  interpretations were too restrictive and that he
  had advised her against this approach. Jane had
  been uncomfortable in the class all semester,
  because the professor used sexual terms and
  referred to sexual images. Jane found these
  comments offensive,but did not feel able to
  discuss this with him.
• Has Jane been sexually harassed? Is this academic
  freedom