Discrimination and Harassment Awareness Training

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Discrimination and Harassment Awareness Training

• Pittsburg State University

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Introduction

• Jamie Brooksher
• PSU Director of Equal Opportunity
• Associate General Counsel
• Russ Hall, room 218
• jbrooksh_at_pittstate.edu
• 620-235-4189
• http//www.pittstate.edu/office/eoaa/
• Investigate sexual harassment and discrimination
  claims, and do trainings, provide accommodations
  for students and employees with disabilities

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• DISCRIMINATION and HARASSMENT

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Introduction

• What do you think of when someone talks about
  discrimination?
• Do you think discrimination is common?

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PSUs Policy

• Pittsburg State University is committed to a
  policy of educational equity. Accordingly, the
  University admits students, grants financial aid
  and scholarships, conducts all educational
  programs, activities, and employment practices
  without regard to race, color, religion, sex,
  national origin, sexual orientation, age, marital
  status, ancestry or disabilities.

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Federal and State Laws

• Federal Laws
• Title VII
• U.S. Constitution
• Federal Executive Orders
• Equal Pay Act
• Americans with Disabilities Act
• Pregnancy Discrimination Act
• Title IX
• Age Discrimination in Employment Act
• Plus Others

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Federal and State Laws

• State Law
• Kansas Act Against Discrimination
• Kansas Age Discrimination In Employment Act
• Kansas Human Rights Commission

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What is discrimination?

• People discriminate every day, but not all
  discrimination is illegal.
• What is illegal discrimination?
• Protected classes.
• Race, color, religion, sex, national origin, age,
  marital status, ancestry or disabilities.
• Sexual orientation.

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Employment Discrimination

• The employee must show that an adverse employment
  action was motivated by the individuals
  protected class, rather than by a neutral reason,
  unrelated to the protected class.
• OR
• Harassment on the basis of the protected class
  that is so severe and pervasive that it changes
  the nature of the environment.

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Race and Color

• Examples
• A less qualified white employee is promoted over
  a more qualified black employee, because of his
  race.
• Several factory workers get together and hang a
  noose to insult a black worker.
• Black workers with dark skin who start a fight at
  work are punished but black workers with lighter
  skin who start a fight at work are not, because
  the supervisor prefers lighter skin.
• A black employees coworkers make daily racial
  jokes and use racist language when talking to the
  employee.

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Religion

• Examples
• A supervisor finds out one of her employees is
  Jewish and she doesnt like Jews, so she doesnt
  give the employee a good evaluation, even th0ugh
  the employee did a good job.
• A LDS workers co-workers repeatedly make
  derogatory comments about Mormons all being
  polygamists.
• A Muslim worker asks to take a vacation day for a
  Holy day and is denied by his supervisor because
  the supervisor doesnt think Muslims should be
  allowed to practice in the US.

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Sex and Marital Status

• Examples
• The employer requires female workers to wear an
  uncomfortable uniform, but male workers can wear
  normal office attire.
• A female employee applies for a promotion and a
  less qualified male employee is promoted instead.
• A supervisor doesnt offer plum work assignments
  that require traveling to married women with
  children.
• The women in the company are paid less than the
  men, even though they have the same
  qualifications and job duties.
• These are examples of sex discrimination only,
  not sexual harassment, which we will discuss
  later.

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National Origin and Ancestry

• Treating someone less favorably because he or she
  comes from a particular place, because of his or
  her ethnicity or accent, or because it is
  believed that he or she has a particular ethnic
  background.
• Examples
• An Arab-Americans coworkers regularly call him
  names like "camel jockey and "the local
  terrorist," and intentionally embarrass him in
  front of customers by claiming that he is
  incompetent.
• A Hispanic man with a few years of experience as
  a waiter, is hired at a restaurant and states a
  preference for a server position. Believing that
  Hispanic employees would be better suited for
  positions with limited public contact the manager
  offers Carlos a position in food preparation even
  though he is as well qualified to be a server.

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Age

• Persons who are over the age of 40 are in this
  protected class.
• Examples
• A 60 year old employee is fired and replaced with
  a 25 year old because the company wants young
  thinkers.
• A 49 year old woman is fired for something
  insignificant after working 9.5 of the 10 years
  needed to earn her pension.
• A well qualified 50 year old is overlooked for a
  promotion in favor of a 25 year old, less
  qualified individual because it is cheaper to
  promote the 25 year old.

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Sexual Orientation

• Not a federally protected class, but PSU has
  designated it as such.
• Examples
• A gay employee is repeatedly sent emails from
  co-workers with jokes about fags.
• A lesbian employee is fired from her job for
  surfing the internet while at work. Other
  non-homosexual employees surfed the internet and
  did not get fired. Her supervisor fired her
  because she doesnt want to work with a lesbian.
• A homosexual supervisor does not give a raise to
  the heterosexual employee in his division, but
  does give one to the other homosexual employee.
  Both employees had the same work performance.

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Disability

• Examples
• A supervisor does not provide an accommodation
  when the employee requests it.
• Co-workers make rude comments about an employees
  disability at work.
• A disabled employee is not offered an assignment
  that he is qualified for because the supervisor
  does not want to provide the necessary
  accommodation it would take for the employee to
  do the job.
• Well discuss accommodations later in the
  presentation.

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How to Respond to Discrimination

• If you are a supervisor
• You have a duty to report it ASAP.
• You have a duty to stop harassment.
• Document everything.
• If you are a victim or a co-worker of a victim
• Report the discrimination/harassment.
• If it is harassment, make it known it is not
  welcome.
• Document everything.

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Disability Accomodation

• A person with a disability
• has a mental or physical impairment which
  substantially limits one or more of such person's
  major life activities.
• has a record of such an impairment or
• is regarded as having such an impairment.
• "Major life activities" includes functions such
  as caring for one's self, performing manual
  tasks, walking, seeing, hearing, speaking,
  breathing, learning and working.
• The Equal Opportunity Office provides
  accommodations and makes the analysis of whether
  or not there is a disability.

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How to Respond to Disabilities

• If you are a supervisor
• Be cautious any time an employee mentions any
  kind of sickness or medical issue, even if you
  dont think it is a disability.
• Contact me at the Equal Opportunity office right
  away.
• If an employee requests any type of
  accommodation, direct them to the Equal
  Opportunity office.

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How to Respond to Disabilities

• If you have a disability or think you might have
  a disability
• Contact the EO office by phone, email or stopping
  by.
• All inquiries can remain confidential initially.
• See our webpage about disability accommodation
  http//www.pittstate.edu/office/eoaa/disability-se
  rvices.dot
• Ill meet with the employee/student to discuss
  what the disability is, then have the
  employee/student get documentation from their
  doctor.

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• SEXUAL HARASSMENT

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• What do you think of when you hear sexual
  harassment?

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Examples of Sexual Harassment

• A supervisor implies to an employee that the
  employee must sleep with him to keep a job
• An office clerk makes demeaning comments about
  female customers to his coworkers
• A manager is made uncomfortable by an employee
  who tells sexually explicit jokes
• A secretarys coworkers refer to her by sexist
  terms, like Hey baby.
• An employee send out a joke email with sexually
  explicit language.

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What is Sexual Harassment?

• Complicated definition.
• Two different kinds of sexual harassment.
• Basically
• Sexual harassment is UNWANTED, UNWELCOME
  attention directed toward a persons sexuality or
  sexual identity

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How is sexual harassment illegal?

• Federal Law
• State Law
• PSU policy
• Kansas Board of Regents Policy

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Pittsburg State University Policy

• Sexual discrimination in the form of sexual
  harassment, defined as the use of one's authority
  or power to coerce another into unwanted sexual
  relations or to punish another for his/her
  refusal, or the creation by a member of the
  University community of an intimidating, hostile,
  or offensive working education environment
  through repetitive verbal or physical conduct of
  a sexual nature, shall be a violation of
  Pittsburg State University's Affirmative Action
  Policy.

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Pittsburg State University Policy

• In other words
• Using your authority to
• Coerce someone into UNWANTED sexual relations or
• Punishing them for refusing to participate
• OR
• Creating with your repetitive actions an
  intimidating, hostile, or offensive environment.

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What are the consequences of sexual harassment?

• Federal and State Law
• Ordered to pay damages in a lawsuit that is
  public record.
• PSU
• Terminated from job at the worst, severe
  sanctions at the least.

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Two Kinds of Sexual Harassment

• Quid Pro Quo
• Use of ones authority or power to coerce another
  into unwanted sexual relations or to punish
  another for his/her refusal.
• Hostile Work Environment
• Creating an intimidating, hostile or offensive
  working or education environment through
  repetitive verbal or physical conduct- of a
  sexual nature.

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Quid Pro Quo

• Often seen on movies, like Disclosure with Demi
  Moore.
• A threat that an educational or employment
  decision may be affected by an unwillingness to
  tolerate or accept sexual attentions OR
• Submission to or rejection of such conduct is
  used as the basis for educational or employment
  decisions.
• Illegal whether the victim resists or submits

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Examples of Quid Pro Quo

• Sexual Bribery- soliciting sexual favor by
  promise of reward
• Promotions, raises, preferential use of
  equipment, valued assignment, favorable
  recommendation
• Threatened termination.
• Threatened or given
• Negative recommendations or references
• Negative performance evaluations
• Withholding promotions
• Disciplinary action

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Examples of Quid Pro Quo

• If you dont go out on a date with me, I wont
  let you go to that conference you want to go to
  this year.
• If you dont flirt with me I wont tell you about
  important meetings that you need to be at to
  succeed here.
• If you let me touch you inappropriately I will
  give you an A in this class.

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Hostile Work Environment

• Classic example in movie, North Country with
  Charlize Theron
• Conduct so pervasive it changes the nature of the
  environment
• Usually more than one occasion, but if severe
  enough, one occasion is sufficient

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Examples of Hostile Environment

• Seductive Behavior-unwanted, inappropriate and
  offensive sexual advances
• Repeated unwanted sexual invitations, insistent
  requests for dinner, drinks or dates, persistent
  letters, giving personal gifts, phone calls
• Gender Harassment- generalized sexist statements
  and behavior about women
• Insulting remarks, offensive graffiti, whistling
  at someone, cat calls, obscene jokes or humor
  about sex or women in general

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Examples of Hostile Environment

• Sexual Comments or Gestures- have sexual content
  or implications
• Remarks or questions about sexual life,
  simulating sexual acts, talking about ones own
  sex life, staring, elevator eyes, sexual teasing,
  sexual jokes
• Sexual Imposition- unwanted touching
• Including grabbing, hugging, feeling, kissing,
  patting, stroking, neck massage or sexual assault

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Examples of Hostile Environment

• Hey baby, you look good in that skirt.
• You got a boyfriend? Does he satisfy you?
• Women are all bitches when they are on diets.
• You need a real man.
• When is the last time you got laid?
• Giving a co-worker an unwanted, offensive
  shoulder rub when you walk by.
• Showing co-workers pornography.

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What to do if you experience sexual harassment

• First, tell the harasser to stop.
• Explain that the conduct or conversation is not
  welcome.
• Second, document the behavior.
• Write down who, what, where, when and how.
• Report the behavior to someone you feel
  comfortable telling, like your supervisor or the
  director of equal opportunity.
• DO NOT WORRY ABOUT RETALIATION!

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What to do if you experience sexual harassment

• Retaliation against persons who file a sexual
  harassment complaint is a violation of PSUs
  policy and the law
• If your supervisor does not address the problem,
  or if your supervisor is the harasser, report the
  incidents directly to the Director of Equal
  Opportunity.

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Discrimination Grievance Procedure

• A conscientious effort will be made to redress
  through this process and resolve difficulties at
  the lowest level possible.
• Whenever possible, however, students, employees
  and supervisors are encouraged to discuss freely
  any potential problems or misunderstandings with
  concerned parties as they arise in an effort to
  avoid the necessity of activating this Grievance
  Procedure.

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Discrimination Grievance Procedure

• Step A
• Contact the Director of Equal Opportunity to air
  your grievance. This discussion should include
  the specific alleged act(s) of discrimination and
  related incidents and the names of persons
  involved.
• If possible, the Director will then supply
  information concerning policies, procedures which
  will resolve the complaint or bring about a
  satisfactory understanding, such that further
  action is not required.

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Discrimination Grievance Procedure

• Step B
• If further investigation is in order, the
  grievant will be informed, and the Director of
  Equal Opportunity will conduct an informal
  investigation, discussing the problem with the
  involved parties.
• The grievant may be called upon during this
  process to meet with the Director of Equal
  Opportunity and and the individual(s) against
  whom the grievance is charged.
• Attempts will be made at this point to
  satisfactorily resolve the complaint.

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Discrimination Grievance Procedure

• Step C
• Failing resolution through Steps A and B, the
  Director of Equal Opportunity shall notify the
  grievant of investigation results.
• The grievant has the option of accepting said
  results or proceeding to the next step.

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Discrimination Grievance Procedure

• Step D
• The grievant then has 10 class days to submit to
  the Director of Equal Opportunity a written
  Request for Hearing giving full details of the
  alleged act(s) of discrimination.
• The Director of Equal Opportunity will offer
  assistance if needed in preparation of the
  Request, which will be presented to the
  Discrimination Grievance Committee.
• Every effort will be made to conduct a hearing at
  the earliest time, no more than 15 class days
  from the time of the request.

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Discrimination Grievance Procedure

• Step E
• The grievant and the individual(s) charged will
  be notified of the time and date of said hearing
  and will be given ample time to prepare a
  presentation, if they so choose.
• Either party may seek advice concerning the
  hearing from any person such as a faculty member,
  parent, department chairperson, and they may also
  be accompanied to the hearing by an advisor of
  their choice. The advisor(s) may speak if so
  desired.
• Either party may request removal of any one
  voting member of the committee by showing
  evidence of bias, in writing, to the Chairperson,
  two days prior to the time of the hearing. The
  consideration of the alleged biased member will
  be upheld if a majority of the committee supports
  the claim.
• The Director of Equal Opportunity will be present
  at all hearings, but will vote only in case of a
  deadlock.

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Discrimination Grievance Procedure

• Step F
• The Discrimination Grievance Committee will
  conduct an appropriate hearing to gather
  additional evidence pertaining to the issue. The
  Director of Equal Opportunity shall present
  background information, citing investigation
  findings and results. No other member of the
  committee shall be involved in the investigation
  of the incident.
• During the hearing, all parties shall have the
  opportunity to testify. Hearings are evaluations
  by members of the college community and are not
  legal courts. Cross examination is the
  prerogative of the grievant, the charged party,
  and the committee.
• The actual proceedings of the committee after
  these presentations, however, shall be closed and
  confidential. The Director of Equal Opportunity
  will give recommendations for solutions and will
  advise the committee of applicable laws and
  federal regulations.

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Discrimination Grievance Procedure

• Step G
• Within five (5) class days of the conclusion of
  the hearing, the committee will render a written
  decision concerning its findings, will make
  recommendations to the President for redress, if
  necessary, and will inform all involved parties
  of the same.

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Discrimination Grievance Procedure

• Step H
• If the recommendation(s) reached is acceptable,
  the grievant will notify the Director of Equal
  Opportunity of same, and the matter will be
  considered resolved.

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Discrimination Grievance Procedure

• Step I
• The grievant has the right to appeal the
  recommendation(s) of the Discrimination Grievance
  Committee to the President. Notification of this
  intent should be made to the Director of Equal
  Opportunity within five (5) class days of the
  committees option. The President shall receive
  the appealed case and will make the final ruling
  on campus. This decision will be communicated to
  all interested parties within five (5) class
  days.
• Provided the decision of the President is
  unacceptable to the grievant, he/she may appeal
  to the appropriate federal/state reviewing
  agencies and/or to the courts.

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Contact Information

• Jamie Brooksher
• PSU Director of Equal Opportunity
• Associate General Counsel
• Russ Hall, room 218
• jbrooksh_at_pittstate.edu
• 620-235-4189
• http//www.pittstate.edu/office/eoaa/