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🔒 🔒 🔒 [Audiobook] Human Resources | Managing Workplace Harassment
Ever wondered how workplace harassment can silently erode the fabric of your daily professional life? In this episode, we promise to uncover the multifaceted nature of harassment, from physical and verbal misconduct to emotional abuse, and its alarming prevalence based on gender, race, religion, and disability. We'll take you through real-life examples that illustrate these discriminatory practices, shedding light on the indispensable role of the EEOC in enforcement and the critical importance of reporting incidents before they escalate.
Witness the subtle yet harmful impact of verbal harassment through scenarios like Hal's inappropriate behavior towards women and the necessary human resources intervention. Understand how constant criticism, ordering, and blaming can deteriorate employee well-being. We discuss the importance of recognizing and preventing sexual harassment, highlighting how even seemingly innocuous jokes or gestures can create a toxic work environment. Hear direct accounts from employee webinars that illustrate the collective acknowledgment of the need for greater awareness and stringent adherence to anti-harassment policies.
Discover how companies like ours are taking concrete steps to create and implement effective anti-harassment programs. Follow Casey and Jill as they update company policies to include cyberbullying and ensure compliance with federal and state regulations. Learn about the processes for thorough documentation and reporting mechanisms, guided by Steve's commitment to promoting zero-tolerance awareness. Join Hope and David in developing comprehensive response procedures that ensure every complaint is investigated and monitored, complete with accessible education and training for all employees. This episode is a comprehensive guide to fostering a safer, more respectful workplace for everyone.
Sign up for our self-paced courses or instructor-led workshops at www.ht-a.solutions
Sign up for our self-paced courses or instructor-led workshops at www.ht-a.solutions
Sign up for our self-paced courses or instructor-led workshops at www.ht-a.solutions
Managing Workplace Harassment. Module 1. Getting Started. Welcome to the Managing Workplace Harassment course. You may say not in my office or not our team, but workplace harassment is an increasing issue in many organizations today. It can come in the form of a slap, a phrase, an email or reassignment of duties. Harassment is not okay and it is illegal. Harassment needs to be reported so that the company can handle the issue properly and remediate any future problems. Module 2. Discrimination. Let's first define discrimination. Most dictionaries list several definitions, but when used in the workplace connotation it means to have a prejudicial outlook or action toward others in the organization. Workplace discrimination is illegal and there are many civil rights regulations that are focused on discrimination in the workplace. These regulations are enforced by the EEOC.
Speaker 1:Harassment is considered a form of discrimination toward an individual or group of employees and prospective employees. There are many forms of discrimination, including Gender, race, religion, disability. Gender discrimination is described as actions against another person due to the victim's gender identity or sexual orientation. This type of discrimination is a violation of Title VII of the US Civil Rights Act. The EEOC receives over a thousand gender discrimination charges every year. Gender discrimination does not necessarily have to be an action. It can be any derogatory comment that is based on gender or sexual ideas. Many changes and inclusions have been added in recent years to include several types of violations. Just a few examples of gender discrimination include refusal of promotion due to the fact the applicant is gay or straight. Firing an employee because they are transgender or in transition. Harassing an employee due to the employee's sexual, gender or identity. Withholding benefits to an employee due to sexual orientation. Gender discrimination can be perpetrated by any employee or even a customer or vendor toward any employee of the organization.
Speaker 1:Racial discrimination occurs when an applicant or employee is treated unfavorably due to their race, skin tone or other personal characteristics related to a specific race. Discrimination can also occur if someone is treated negatively due to the race of their spouse. Race discrimination is not always white against black. It can also occur among people of the same race. It is commonly known that racial discrimination is illegal, but what is not well known is that racial discrimination refers to any actions verbal or physical, even emotional that create a hostile workplace. Racial discrimination also refers to the segregation of a specific race to an area of the organization isolating them from the rest of company, etc. Any sort of differential compensation and benefits due to race or appearance of race is also illegal by US law.
Speaker 1:Religious discrimination in the workplace is a very current subject in the US. The expansion of diversity in the country leads to an expansion of diversity within the workplace. All religions have their own practices and requirements, including hygiene rules, clothing restrictions and dietary needs. Discriminating against an employee due to these reasons is illegal and punishable by the EEOC. Title VII prohibits the negative or hostile treatment of anyone due to their religious beliefs or the religious beliefs of those with whom an employee associates spouse, friends or family. Employers are prohibited from segregating employees, placing them in no-contact positions due to their religious beliefs. In fact, an employer cannot restrict the religious practices of an employee unless the organization can show a true hardship for allowing the activity employee, unless the organization can show a true hardship for allowing the activity.
Speaker 1:Disability discrimination is prohibited in the US according to Title VII. Disability discrimination can present itself in a number of ways and can create a hostile workplace for the applicants or employees that have physical, emotional or any certifiable disability. This type of discrimination does not just pertain to long-term or permanent disabilities. It can also include negative actions toward those with perceived disabilities or short-term disabilities. Not only do the regulations include any behaviors that create a hostile workplace, such as demotions, segregation or withholding of benefits due a disability, but employers are also required to provide accommodation within reason for the employee's disability. This can include regular breaks due to health requirements or providing an interpreter, such as sign language provider.
Speaker 1:Jenny is the new employee experience manager at the local amphitheater. She oversees the employee morale and the working environment that is provided. Ella, her assistant, has been tasked with creating the posters educating the employees on harassment in the workplace. The two discuss what needs to be included in this display. Ella has several ideas already and suggests that the poster include the definition and examples of religion and race discrimination. These are very current issues and need to be clearly addressed. Jenny agrees and suggests that the poster also include gender discrimination with up-to-date definitions. Also, they decide disability discrimination needs to be included. Jenny also suggests that the EEOC regulations and laws be cited at the bottom of the poster for reference purposes. This will also establish credibility of the information.
Speaker 1:Module 3. Physical Physical harassment. What does that mean? Isn't that assault? Not necessarily Physical harassment is any physical movement or threat of action that is directed in a negative way toward others.
Speaker 1:Physical harassment is coercion, bullying or scaring another person into a certain behavior. Physical harassment can also include unwanted touching. We have all been taught since a young age that hitting is not okay, but in the adult world, what constitutes hitting? To bring one's hand or an object into contact with another person quickly and with force, to strike, slap or punch. This is considered assault. This is never okay in the workplace, whether in jest or as harassment. Hitting or striking an employee is an attempt to gain control over that employee. It is also against any anti-harassment workplace policies. This behavior needs to be reported immediately, as it often can escalate into more hostile actions on the part of the aggressor.
Speaker 1:Threatening behavior is a more difficult term to define and it may mean different things to different people. This is the reason most workplace harassment policies define it as any action or behavior that causes fear of injury or harm. This type of behavior is controlling and aggressive. Threatening an employee with physical harm could include Raising an open hand as if to slap, looming over another person Don't let me catch you outside of work Type of phrases. Threatening behavior is just as damaging as any other type of harassment in the workplace. Air punching or acting like one is going to slap another are threatening gestures that are meant to scare or bully another person and are considered physical harassment. Physical actions that are meant to intimidate or coerce another person should be reported immediately.
Speaker 1:Destroying property is never acceptable behavior, especially in the workplace. The destruction of a co-worker's property falls into the physical harassment category. Destruction of property is a focused and angry behavior that is often directed toward a specific person. When the aggressor cannot openly attack the victim, they may resort to the destruction of the victim's property. The harassment causes much undue duress to the victim, not to mention the cost of replacing these items. It causes the victim and others around them to feel unsafe and on edge, leading to a hostile workplace with little trust between team members. Criminally, this is considered vandalism and carries a charge and fine. This type of behavior needs to be reported immediately, as it often escalates into more severe actions. The company may be able to assist the aggressor in obtaining assistance and the victim in replacing the items that were lost.
Speaker 1:When speaking of physical harassment, one does not always consider homicide. Workplace homicide is the most extreme example of physical harassment. Homicide in the workplace is not common but needs to be addressed. Personality conflicts, disciplinary actions and discrimination against other employees are often the reasons why workplace physical violence can escalate to murder. Many times the aggressor is described as hard to work with, verbally abusive to certain people, etc. Behaviors such as these would have been reasons to initially report the aggressor. When an employee is driven to commit homicide, the zero-tolerance policy needs to be reviewed. Warning signs should have been reported to proper management. This would have allowed the employer the opportunity to attempt a de-escalation of the situation.
Speaker 1:The team is attending a harassment seminar. Jerry and Mike are attending the presentation on physical harassment. They are sure that they are already knowledgeable in this subject and are just wasting their time. The speaker begins the presentation with the different types of physical harassment hitting, threatening behaviors, etc. He then spoke about destruction of property, which neither Jerry nor Mike had ever considered. Mike says I didn't think about destroying someone's property, but I guess some people are aggressors with negative behaviors. Jerry agreed that this was a new one to him. Also, when the speaker covered workplace homicide, everyone became much more serious. No one ever thinks that harassment and bullying would end up in a homicide at work. It made everyone think about their own workplace cultures and how the company has a zero-tolerance policy for harassment. Hopefully things would not escalate to an extremely violent act, such as homicide, module 4.
Speaker 1:Verbal Verbal harassment is toxic and can create an uncomfortable work environment, whether in a private setting, between two people or in a large group. Verbal harassment is bullying and an attempt to gain control over the victim. Behaviors like yelling, spreading rumors and verbally abusing others has no place in any organization, and all companies should have a zero-tolerance policy that address these types of behaviors. Reporting verbal harassment needs to occur immediately. A conversation becomes a disagreement, which turns into a debate, and soon the manager is yelling at the assistant in the middle of the room. This is not an unheard-of situation and when it happens, everyone in earshot cringes. Yelling and screaming are forms of verbal harassment. It isn't necessarily illegal, but it is harassment nonetheless, and it is unwelcomed by everyone, not just the victim of the incident. Raising one's voice is usually not necessary in the workplace. Screaming and yelling at another employee is meant to belittle that person, call attention to the situation and is essentially adult bullying. This behavior is considered harassment and creates a hostile workplace.
Speaker 1:Verbal harassment is not always yelling at employees. It can also come in the form of constant criticisms and insults focused on specific individuals. Aggressors that behave in this manner are usually trying to compensate for their own shortcomings or are attempting to control others and their behaviors. Insulting others is not constructive criticism. It is unwanted and will not produce positive results. Constant criticisms and insults tear down the victims of this harassment, causing them undue stress. This type of behavior needs to be addressed by human resources. You are stupid. Women are not as smart as men. Accounting by human resources. You are stupid. Women are not as smart as men. Accounting does not know what they are doing.
Speaker 1:Asking someone else to do something is not uncommon. Usually, the request is accompanied with a please and a thank you, but when the asking or requesting becomes rude and impolite, it is considered ordering. Giving another employee orders is not polite or positive. It is demeaning to the receiver of the message. When done repeatedly, it can escalate into verbal harassment. This behavior is usually elicited in an attempt to exert power or control over the victim. It is meant to belittle the other employee. Ordering others creates a negative workplace and is a violation of any anti-harassment policy.
Speaker 1:Blaming others repeatedly can also be considered verbal harassment. It is negative and a way of demeaning others, creating an unhealthy work environment. Blaming others does not always have to involve actual responsibility for a mistake. It can be a way to cast the victim in a negative light. This is another way to appear more important than the victim. Some examples include it's the new guy's fault that nothing goes right anymore. Why does the IT team always cost us the bid? Janice is always too forward. She is a detriment to the team.
Speaker 1:Shirley and Jamie have a new team member whose name is Hal. Hal is very smart and has a lot of experience, but Hal is verbally harassing to everyone else on the team. Shirley and Jamie decide to report Hal in hopes of getting him some guidance or coaching on his behavior. Jamie has had Hal yell at her when the order didn't arrive. He then blamed her and Shirley for the issue. Shirley remembers when Hal was ordering her to go get a more copier paper and told her she was too slow to just forget it. Human Resources investigated the reports and revealed that Hal was verbally harassing all women in the office. When confronted, he acknowledged his behavior and enrolled in the harassment education that the company offered, module 5.
Speaker 1:Sexual Sexual harassment is any unwanted verbal, physical or even cyber contact or advancement of a sexual nature. Any incidents that make another person uncomfortable are unacceptable, especially in the workplace. Sexual harassment can affect more than just the victim. Witnesses can also be affected by the harassment. Unlike workplace bullying, sexual harassment can result from just one uncomfortable incident.
Speaker 1:Sexual harassment includes any unwanted or unsolicited contact or touch Period. This includes hugging, groping, kissing, grabbing, poking, etc. Etc. Any unwanted physical touch. Simply put, when a person says no, that means no and all contact should cease. Unwanted touching is a violation of the Title VII regulations and should be reported immediately. It is in the best interest of the organization to stress the need for the employees to abstain from touching. Touching can cause a hostile work environment, especially when others may construe it as inappropriate, especially in the business setting. Examples include hugs, hair strokes, pats on the leg, strokes of the arm.
Speaker 1:Sexual harassment also includes gestures or motions that could be construed as sexual Even without words. The gestures alone can create a hostile workplace. This behavior can make everyone in the workplace uncomfortable, not just the victim of the harassment. The employees need to be informed that this behavior will not be tolerated, as the employer has a responsibility to provide a safe and healthy workplace for everyone. Some of the gestures that are being included in this category are Thrusting the hips forward, kissy lips, obscene gestures with the tongue, gestures, pretending to perform sex acts, actions simulating, trapping or cornering another person.
Speaker 1:Sexual harassment also includes photos of nude, semi-nude and compromising position people. Gone are the days of a garage with a calendar of sexy women. In this day and age, it is well known that these pictures objectify women. Sexual harassment includes pictures of anyone any sex, not just women. Women can be just as guilty as men. These types of photos have been proven to create a hostile work environment for many groups, not just women. Some religious groups find sexual photos extremely offensive. Pornography has no place in the workplace. Sexual photos are inappropriate for sharing in any form, including Hard copy, as in photos or magazines, email and internet links, website on mobile devices such as smartphones and iPads.
Speaker 1:There are many different social groups within a company or organization. Within these groups there are many subjects of conversation, including those that are not work-related. Jokes and other humor must be appropriate for the workplace. Jokes containing sexual innuendos, foul language and references to sexual acts are offensive to many employees and are considered sexual harassment. Many of the excuses or defenses used by these violators include the victim just doesn't know how to joke around. The victim simply did not understand the humor in the joke. The victim is out to get the aggressor. These excuses are not acceptable at any time. These events need to be reported immediately.
Speaker 1:The company is requiring all employees to complete the sexual harassment webinar. The three accounting employees, steve, samantha and Tori, are completing the course simultaneously. They exchange comments and opinions while listening to the speaker. The webinar covers the definitions of unwanted touches, inappropriate gestures, etc. Steve comments to the others that he didn't know that gestures to someone could be sexual harassment. Later in the webinar, the speaker covers subjects such as inappropriate photos and jokes. Tori instantly gasped as says I will never tell another dirty joke in the restroom again. She was unaware that this could be sexual harassment to someone. Samantha giggles and agrees. After the webinar is completed and the forms completed, the three co-workers gather to discuss. They all admitted that they learned something from the webinar and are going to be more aware in the future.
Speaker 1:Module 6. Psychological Psychological harassment, sometimes referred to as mobbing, is the term that is used to reference actions and behaviors targeting another person, usually intending to force the person out of the workplace. Psychological harassment can include various hostile actions, words or acts meant to belittle another person, gestures that are meant to damage another person's reputation, isolating or ignoring another person with the goal of causing them discomfort. The isolating of another employee is a form of psychological harassment. An employee is isolated or ignored, intentionally stationed away from the rest of the team, kept out of the loop of information and often not spoken to at all by the aggressor. This is demeaning, discrediting and sometimes unnerving for the victim. This is an attack on the personal relations of the victim and can also affect their reputation in the workplace. Isolating produces an extremely hostile workplace. Examples of isolating harassment Unreturned emails and voicemails. Conversations stop upon entering the room. Contributions go unheard despite speaking at an audible volume, relocation of workstation away from team or co-workers.
Speaker 1:Discrediting is defined as actions or words that criticize the victim and their performance, frequent critiques of the victim's private life and other actions that are meant to discredit the victim in the workplace. Diminishing the person's talents and abilities is harmful to their mental state. Often the aggressor will use statements such as the following Gotcha and another mistake. I am watching you, just waiting for you to make a mistake. You can't be expected to do a good job, just give up now. I shouldn't have expected anything from someone like you.
Speaker 1:Another example of psychological harassment is the disparaging of another employee or co-worker. Disparaging is the tarnishing of another person's reputation. Examples of this would be starting and spreading false rumors about another person in the office, assignment of simple tasks in relation to the victim's talents to give the illusion of decreased capabilities, etc. Any aggressive act that minimalizes the victim's ethics, morals or work talents. Speaking in a derogatory manner about a co-worker is considered harassment.
Speaker 1:Bad mouthing, making snide comments, etc. Are all behaviors that tear down a victim's confidence, self-esteem and self-worth. It is like the old saying goes if you do not have anything nice to say, do not say anything at all. If you do not have anything nice to say, do not say anything at all. Contesting is defined as opposing an action, decision or statement as wrong. Another way to define it is as an objection or opposition In the workplace. Contesting the ideas or statements of a specific employee every time they speak up is considered hostile and negative. Focusing this negativity at someone is harmful to the victim in that it raises their stress levels, lowers their self-esteem and makes the workplace unhealthy. Because of the negative effects of these behaviors, zero-tolerance policies consider contesting a form of harassment.
Speaker 1:Phil has been observing some of the activities of the office. He is not pleased with some of his co-workers' behaviors. He went to Callie in Human Resources and asked for the anti-harassment policies. Callie asked him if she could be of assistance. He said that they could work on this together and hopefully improve the workplace culture. First he told her about how some of the guys are not accepting of the women. The men are contesting all suggestions of the women as being substandard. Phil then explained that he didn't feel comfortable with the discrediting of the women and their expertise. When the men are in small groups, he feels that the isolation of the women is unfair and creating a negative workplace culture. Callie explains to Phil that these are all examples of psychological harassment of these ladies. She told him that it was not covered in the current policy but that it needed to be addressed immediately. She told him that she appreciated his coming forward and that, even though he was not the focus of the behaviors, she knew it affected him anyway.
Speaker 1:Module 7. Cyberbullying. Cyberbullying is unfortunately a new problem in the workplace. Bullying and harassment that once occurred in person is now finding its place into the day-to-day workplace via the internet and other electronic devices. Harassment via electronic devices is just as illegal and non-compliant as punching, screaming and other types of harassment. This type of hostile environment needs to be identified and reported to human resources immediately.
Speaker 1:Emailing in masses or as a send-all email is a good way to reach a large number of the company's employees very quickly. This is often used in our everyday tasks to contact the entire team or department. But when a mass email makes an employee feel ashamed, belittled or demeaned, this is considered cyberbullying. Sending emails containing racial slurs, gender off-color and discriminating jokes is illegal and hurts others. Using the email system to harass and demean is not the intended purpose of the system. What is an example of a humiliating email? Ethnic joke sent around the department? Party announcement containing a racial slur, health benefits information with wording that is derogatory terminology for gender alternatives, altered pictures of a co-worker sent as a joke.
Speaker 1:Harassment does not always occur in person. Oftentimes it comes in the form of an email. An email that is disrespectful, rude or insulting is also considered harassment. Harassment via email is as damaging as verbal harassment. It is meant to control or demean the receiver and creates a hostile workplace. These emails usually are repeated and only focused on specific individuals. These emails need to be reported immediately.
Speaker 1:Harassing emails are different than an ill-worded email. When ideas and directions are given via email. Sometimes there is a misinterpretation of the tone of the wording. This can cause a pleasant email to be received as angry. This is not a description of a harassing email. This writer is just in need of coaching on the wording of emails. Harassing emails are written to harm. Their intentions are to cause distress, not to instruct or assist or assist.
Speaker 1:Emailing lies and other forms of negative information concerning a certain person or group is also considered cyberbullying and workplace harassment. Most companies and organizations have internet policies against this type of behavior. Zero-tolerance harassment policies do not allow for any lies or negative emails to be sent about others. Some examples are gossip, rumors, accusations, lies and other untruths, edited or doctored pictures of others. Employers have a responsibility to maintain a safe and healthy workplace for everyone. This includes having a well-designed anti-harassment program that monitors the employee's internet use. According to federal law, the emails that are sent via the company's email system are property of the company and not the sender's or the recipient's. This gives the company the right and responsibility to monitor all emails when necessary. Monitoring possible acts of harassment would be deemed necessary. The company's monitoring policy includes the following Explicit expectations for the use of the internet and email. Detailed explanation of the no expectation of privacy. Define and list examples of harassment via emails. Clearly express the consequences for all violations.
Speaker 1:Casey is reviewing the anti-harassment program at the company. He is noticing that it is outdated and in need of some revisions. It does not have any mention of internet harassment. He calls the HR manager, jill. He reports that the program does not have a cyberbullying section. He advises that this section be added and that he will submit the outline for her approval on Friday. Casey designs the cyberbullying section of the program. It includes definitions and examples of sending mass emails that are harmful and sending harassing emails. He makes sure that he includes specifics also for sending falsehoods to others about the victim. When he emails the draft to Jill, she responds with the latest information on the IT's monitoring processes for the internet usage of the employees. Casey thinks that this should be added to the draft and resends it to Jill for her approval. She approved the draft and asks Casey to publish the program. Additions Module 8.
Speaker 1:Employer Responsibility. The employer or organization has the responsibility to understand all federal and state regulations regarding workplace harassment. These regulations require a written policy, processes for investigations, record-keeping policies and zero-tolerance programs. These programs and policies need to be designed, implemented and monitored for their effectiveness and efficiency. The organization also needs to look to ways to remediate possible harassment in the future. Analyzing areas at risk of harassment and addressing these risks is also a responsibility of the employer and the organization. These policies need to be implemented from the top executive and down. All employees must embrace zero tolerance for harassment in the workplace.
Speaker 1:It is critical for an organization to fully understand the regulations concerning workplace harassment. Failure to do so can result in violations that result in fines, imprisonment, added scrutiny, bad press, loss of sales and on and on. Some of these regulations are amended and changed frequently. The consequences that the EEOC have in place for violations are extreme and can even result in thousands of dollars in fines, along with extreme scrutiny in the future. Here are just a few of the regulations Title VII of the Civil Rights Act of 1964. Pregnancy Discrimination Act and the Equal Pay Act of 1963. Title I of the Americans with Disabilities Act of 1990. Section 102 and 103 of the Civil Rights Act of 1991. Section 102 and 103 of the Civil Rights Act of 1991.
Speaker 1:Documentation and record-keeping are a requirement for a successful anti-tolerance program. All information and data collected in relation to complaints, employee education and remediation is required to be recorded accurately and kept on file. These records may be used in the future for any investigations, assessments of employee education effectiveness, remediation programs, etc. The importance of accuracy is critical. The company needs to have processes in place for gathering information during each process of the program. In addition to the actual documentation, there also needs to be processes to audit these measures and monitor the documentation processes on a regular basis.
Speaker 1:The purpose of an investigation is to determine if harassment has occurred. All complaints need to be taken seriously and investigated. Not addressing each complaint is illegal and will indicate to the employees that the company does not value the zero-tolerance policy as a workplace requirement. Investigating harassment complaints requires confidentiality as much as possible, fairness and impartiality to all involved. That they be conducted promptly and completely. That the focus be on the facts of the complaint.
Speaker 1:All employers have a basic responsibility to provide a safe and healthy work environment for all employees. Providing everyone with a zero-tolerance environment involves several processes and procedures that prevent harassment from starting. Along with the reporting process, the company also needs to provide training and education on difficult situations and management techniques. Diversity, training and education for all employees. Well-designed anti-harassment program implemented and continually improving, identifying high-risk areas and implementing processes and policies. Steve has recently been made the assistant to the human resources manager. It is his job to oversee the anti-workplace harassment program. Steve has been studying the employer's responsibilities. He realized that there are many different laws, both federal and state regulations.
Speaker 1:When the first harassment complaint was filed, steve was ready. Elsa called the harassment hotline and reported that her supervisor had said some inappropriate things to her. Last Tuesday Steve took her report and filled out the proper documentation. He then informed her of the processes that would be taking place during the investigation. Steve then followed all the company's processes for the investigation. Two weeks later Steve decided to hang up some zero-tolerance posters around the building. This was documented and recorded. Like the investigation was Module 9. Stopping Harassment Before it Happens.
Speaker 1:Employers have a responsibility to stop any harassment from starting in the first place. There are many ways that an organization can make its position on workplace harassment and the consequences for violating the policies and processes that support this position. The workplace harassment policies must also be in accordance with all state and federal regulations and statutes, or a company could face possible disciplinary actions from the government. Organizations are required in many cases to design a written anti-harassment policy. This policy needs to be clear in its statement of zero tolerance of any bullying and harassment within the company. It should include examples of the particular types of harassments covered. Many employers opt to include the consequences for any violations to ensure the seriousness of the situation is understood by all.
Speaker 1:Designing the policy is critical, but a zero tolerance work environment is a living and growing program. This is not a one-time task that will just roll over every year. It should include monitoring processes, educational programs and reporting processes. This work harassment policy needs to be maintained regularly. Simply designing an all-encompassing zero tolerance policy is not the key to success. Harassment regulations are quickly changing and to ensure the organization is in compliance, the policy needs to be reviewed at least yearly. This review process will address any changing state or federal requirements. The policy itself needs to have processes in place to regularly review the policy, its contents and the educational program. These processes will audit and collect data as to the effectiveness of the anti-harassment program. With this data, any changes or revisions can be made and the information dispersed to the employees.
Speaker 1:The education for all employees that is based on workplace harassment policies needs to occur on a regular basis. It also needs to be offered to all newly hired employees. Everyone should be given copies of the policies and also know where to find them, online and in human resources. All education needs to be documented and recorded for completion. The harassment laws are fluid and changing, as seen in recent years. When the laws are revised, employees need to be informed and educated on the changes. Educational updates can come in the form of webinar, email information, etc. These updates need to also be documented and recorded for completion.
Speaker 1:One important section that needs to be included in the workplace anti-harassment policies are the consequences for all infractions and violations of the policy and all federal and state regulations and laws. This needs to be used in the training and education of all employees. By emphasizing the consequences of violating the policies, the company will emphasize its zero-tolerance policy. These consequences can be incorporated in the written policies and or be stated on the workplace displays. In education, there are different types of consequences that can be covered, including civil and criminal penalties, termination of employment, loss of professional licenses, loss of reputation in the industry for the person in the company.
Speaker 1:The human resources team that was tasked with the anti-harassment program is starting to meet and plan the program. By addressing this need, the company will be able to stop harassment before it occurs. Steve, as the leader, states that he will be heading up the development of the policies and procedures that will make up the zero tolerance program. He has designed a process in which the policies will be updated yearly to ensure accuracy. He tells the team that this is not the only part of designing this project. Steve assigns Troy the tasks of designing the educational procedures for use in training the employees on the zero tolerance program. Steve will need Sarah's assistance in gathering all the necessary information and ensuring that all training is documented and recorded Before the team adjourns. Melissa points out that they also need to highlight the consequences for any violations. Steve agrees and adds that to the design plans Troy also will cover the consequences in his educational procedures.
Speaker 1:Module 10. Reporting Harassment. Reporting forms of harassment is a way to hold accountable the perpetrator as well as deter others from engaging in such behavior. It may, in turn, encourage others who have been victimized to step forward. Reporting incidents of harassment can be the first step to improving workplace culture as soon as possible.
Speaker 1:Any incident of harassment needs to be reported While the details of the incident are fresh in everyone's minds. The incident needs to be documented, witnesses need to be identified and statements retrieved. But this cannot begin until the victim reports the harassment. Not reporting the aggressor is only condoning the behavior and incurring stress and abuse on others. The company should have multiple ways for employees to report any harassment claims, such as a hotline email, employee representative, etc. Information is then communicated to the human resources department immediately. To properly investigate the incident, the Human Resources representative needs the following information who, what, when, where and witnesses.
Speaker 1:One of the most important processes of the reporting and investigation of harassment is the documentation. The information collected from the victim and from the investigation is critical to ensure proper results. According to the company's anti-harassment policies, this requires the detailed recording of all information and data that is related to the incident. Policies should include detailed processes for documenting and recording the information collected. This information should include the names of all parties involved in the specific incident, the names of all witnesses to the incident in the specific incident, the names of all witnesses to the incident, the details of the incident, what was said, what was done, etc. The location, time and date of the incident, behaviors or any additional details that may be pertinent.
Speaker 1:The Equal Employment Opportunity Commission, or EEOC, is the federal agency that is tasked with the equal opportunity for everyone to seek and obtain work in a safe and healthy workplace. This department enforces all discrimination and harassment regulations for the United States. These regulations generally apply to any businesses that employs at least 15 or more people. This is the reason why understanding and following these regulations is critical. Almost all companies are at risk of substantial penalties if there are any violations whatsoever. Not only does this agency investigate and enforce these regulations, it also provides leadership and guidance through the complicated laws that are fluid and changing, sometimes on a yearly basis. The EEOC provides information, educational materials and brochures in many different languages.
Speaker 1:Filing a harassment lawsuit differs from state to state and this information is in no way to be considered legal advice. This section is meant as a generality and to give an overview of the processes and requirements. Many states require that all other options are completed before the option of lawsuits can be addressed. Here are some of the steps that are recommended in most cases when the incident has occurred write down and document all information. Review and follow all company policies and zero tolerance program requirements. Report the incident immediately to the supervisor or human resource department. File a complaint with the EEOC. File a civil suit.
Speaker 1:Shirley is considering filing a harassment lawsuit against her company. She calls a lawyer friend, john. John has asked her to document the incidents fully and then review the company policies. Shirley checks with the policy and follows all its recommendations and requirements. She reported the incidents to Human Resources and waited for the investigation. Shirley did not hear anything more from the company and the harassment continued. John checked in with Shirley only to find that the situation had not improved and none of her attempts to remediate her situation worked. He recommended that she file a complaint with the EEOC and submit all of her documentation. Then she can file a civil suit against the company as a last resort.
Speaker 1:Module 11. Handling Harassment Complaints. An employee of the company has been harassed in the building. The victim wishes to report the incident. What happens next is very important and should be outlined in the workplace harassment policies.
Speaker 1:The processes for handling these events is as important as the information itself. The anti-harassment policies need to include specific processes and procedures for the handling of a complaint from the moment the incident is first reported. The processes need to include all aspects of the data collection requirements and any necessary information required to complete the investigation. Organizations must establish clear and detailed processes and procedures by which all harassment claims will be handled. These policies will be in writing and available to all employees in the organization. These processes need to be clear and easy to follow for all employees. Zero-tolerance processes for the handling of complaints need to include many different tasks to collect the necessary data for a thorough review and determination of possible action. These are just a few of the steps that are required when investigations will be conducted and the processes that are required the responsibilities of the people involved in the case victim, human resources department, witnesses, supervisor, etc. Necessary information, documentation required and data that will be collected. Determination of time frames and processes.
Speaker 1:It is not just important to design a comprehensive anti-harassment program. These processes and policies must also be communicated to all employees of the organization, from the top executive to the newest hire. Every employee must be educated and understand that the company has zero tolerance for harassment. These policies must be in writing and accessible to all employees. Written copies of the anti-harassment policies and procedures must be published in all the languages that are commonly used by the employees. It should also be in a syntax that is easily understood by all. This written program will be posted in the Human Resources Office, given to all new hires and available on the company website. These processes need to be covered during the reporting process. After the program has been designed, it needs to be implemented and all the employees educated on the policies and procedures that are in place. The education and training of the employees needs to be led by the top management and executives to reinforce the fact that this policy is all-encompassing. These training sessions need to deliver at the time of hire and be repeated on a regular basis to ensure the vision of the company is well understood. These educational presentations are required and documentation of completion should be included in the personnel files. Training sessions need to describe the prohibited actions of harassment and any behaviors that may escalate to harassment in the workplace.
Speaker 1:Explain the laws and regulations, including the anti-retaliation laws. Detail the complaint processes and procedures that should be followed in case of any incident. Clearly explain all consequences for any violations of the policies and procedures for all employees, no exceptions. The EEOC defines retaliation as any adverse action that is taken as the result of a complaint being filed against another employee In layman's terms, no revenge for a complaint being filed. There are strict and enforced federal regulations against any type of retaliation. Employees should feel free to report any type of violations of the zero-tolerance policy. These regulations also protect any witnesses to the incident. Some of the actions that are considered retaliatory are threat or reassignment of duties, removing of responsibilities, making false statements to co-workers, superiors, media or government agency Added scrutiny to attendance, work performance or activities Requiring re-verification or re-certification in specialty areas.
Speaker 1:Hope and David are on the workplace harassment team. They have decided to design a step-by-step handbook for how to handle the incoming harassment complaints. They include all the steps, from the information that is collected, how it is collected and the investigation that may or may not be necessary. They also had processes to monitor these steps for effectiveness and to publish the steps for the company's use. David included that the steps need to be translated to Spanish also. Hope assigned David the task of planning the training and educational sessions that the employees will be required to attend. While she began researching the necessary retaliation education, each one of them completed their tasks and submitted them for approval. Within the week the program was up and running, the hotline was operational and the employees were receiving their training, module 12.
Speaker 1:Wrapping up Although this workshop is coming to a close, we hope that your journey to understanding managing workplace harassment is just beginning. We wish you the best of luck on the rest of your travels. Words from the wise Michael Crichton Harassment is about power, the undue exercise of power of a superior over a subordinate. Anonymous Cyber bullies can hide behind a mask of anonymity online and do not need direct physical access to their victims to do unimaginable harm. Mia Yamanuchi Self-respect by definition is a confidence and pride in knowing that your behavior is both honorable and dignified. Respect yourself by respecting others.
