Preventing Harassment and Discrimination In The Workplace

1
Preventing Harassment and Discrimination In The
Workplace
2
The Workplace Environment
3
Employees Role At Work

• UPT Harassment/Discrimination Policy

4
Definition of Sexual Harassment

• Unwelcome sexual advances, requests for sexual
  favors, and other verbal or physical conduct of a
  sexual nature constitutes sexual harassment when
  submission to or rejection of this conduct
  explicitly or implicitly affects an individuals
  employment, unreasonably interferes with an
  individuals work performance or creates an
  intimidating, hostile or offensive work
  environment.

5
Definition of Sexual Harassment
Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a
sexual nature constitutes sexual harassment when
submission to or rejection of this conduct
explicitly or implicitly affects an individuals
employment, unreasonably interferes with an
individuals work performance or creates an
intimidating, hostile or offensive work
environment.
6
Key Sexual Harassment Concepts

• Unwelcome behavior (Subtle or Direct)
• Voluntary
• Smile, giggle about it, but drives home
• Unwelcome
• Drives home and thinks, I hate thisit bothers me

7
Key Sexual Harassment Concepts

• Immediately unwelcome
• Inappropriate touching
• Vulgar, obscene jester, pinching, sexual
  offensive email
• Gradually unwelcome
• Joke Comment Staring Complaint
• Or
• Date request request request Complaint

8
Environmental Sexual Harassment

• Verbal
• Speak, Sounds, Grunts, Groans
• Terms of endearment
• Code Words (them)
• Derogatory Comments
• Jokes
• Physical (Touch only for a business reason)
• Hugging, Pinching, Brushing, Wearing sexually
  suggestive clothing
• Displaying sexually suggestive objects or
  pictures (calendars)
• Visual Leering, staring at body parts
• Sexual innuendos words, statements, looks,
  sucking, comments

9
Methods of Harassment/Discrimination

• Personal Contact
• In Writing
• By Telephone
• E-Mail
• Intranet
• Internet
• Faxing explicit or suggestive materials,
  including cartoons

10
Types of Sexual Harassment Filed

• Hostile
• Quid Pro Quo
• Third Party

11
Hostile Environment

• Offensive
• Unwanted
• Unsolicited comments and/or behaviors of a sexual
  nature

12
Quid Pro Quo

• Request for sexual favors in exchange for
  favorable employment decisions
• Only takes ONE incident of QPQ to prove sexual
  harassment in court.

13
Third Party Harassment

• Company is responsible for harassment by and to
  third parties
• Avoid being in situations or locations where
  third party harassment is likely to occur.

14
Harassment/Discrimination

• Who does this cover?

15
Harassment/Discrimination

• Who does this cover?
• Applicants
• Employees/co-workers
• Customers
• Temporary Employees
• Visitors
• Independent Operators
• Vendors

16
Discrimination

• Its illegal if based on any of the following
• Gender
• Age
• Race
• National Origin
• Religion
• Sexual Orientation
• Disability
• Pregnancy

17
The Reasonable Person Standard
Definitionunreasonable to the average person in
the protected class. The reasonable person is a
hypothetical individual whose view of things is
consulted in the process of making decisions of
law, i.e., "How would a reasonable person act
under the circumstances"
18
Reporting Sexual Harassment

• All employees are obligated to report Harassment
• Report any incidents of actual or perceived
  harassment

19
Reporting Sexual Harassment

• Why does Sexual harassment often go unreported?
• What should you do if someone comes to you?

• Notify your Manager, Contact HUMAN RESOURCES
  through
• Oral Communication
• E-mail
• Letter/Memo/Note
• Any other reasonable means

20
Reporting Harassment

• Q
• What specific information do I need to include in
  my report of harassment or suspected harassment?

• Date and Times of incidents
• Names of all involved
• Detailed factual description of harassment
• Names of all who could corroborate or refute the
  allegations

21
Reporting Harassment

• Q
• When do I need to make a report of harassment or
  suspected harassment?

• All employees are required to confidentially
  advise Human Resources immediately after you
  become aware of a report of harassment or
  discrimination

22
Investigating Harassment

• UPT has a defined procedure for investigating
  allegations and making determinations.
• There is no such thing as an off the Record or
  unofficial complaint.
• Alleged incidents of harassment or discrimination
  will be kept as confidential as practical.
• Discussion of any aspect of a charge or
  investigation with any other person is prohibited.

23
Determinations

• What can be the outcome?
• Discipline action
• Termination

24
Retaliation

• Any act of retaliation against any employee who
  reports or participates in an investigation is
  not tolerated.
• Anyone found to have retaliated against another
  person will be subject to discipline, up to and
  including discharge.

25
False Claims

• Anyone found to have intentionally falsified a
  claim of harassment, or who lodges a claim for
  malicious or improper reasons is subject to
  immediate discipline up to and including
  discharge.

26
Bottom Line

• You should ______________ each other.
• If you wouldnt do it in front of your
  ___________ dont do it!!

27
Bottom Line

• You should __RESPECT____________ each other.
• If you wouldnt do it in front of your
  __MOTHER_________ dont do it!!