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[Audiobook] Human Resources | Workplace Harassment
Learn how to create a safer, more inclusive workplace by mastering the art of preventing harassment. In this episode, we promise to equip you with the necessary tools to recognize and address harassment, making your work environment more respectful and secure. Dive into essential federal laws, including Title VII of the Civil Rights Act and the Americans with Disabilities Act, and understand how they protect you and your colleagues. Through Nina's compelling story, we'll explore the personal impact of harassment and the importance of strong company policies.
Ensuring a respectful work environment is more than just having a policy in place; it requires active implementation and ongoing education. We'll share practical strategies for employers, from creating comprehensive anti-harassment policies to making sure every employee understands them through various training methods. Confidentiality and up-to-date policies are paramount, as illustrated by the example from the United States Department of Agriculture. Management's role in fostering a respectful workplace is crucial, and we'll outline their broader responsibilities in maintaining this environment.
Handling harassment allegations can be daunting, but we break down the process step-by-step for both the accuser and the accused. Discover the essential information needed for filing a claim with the EEOC, and the emotional and procedural steps involved. Learn about the benefits of online reporting and how companies should conduct investigations and take corrective actions. Through real-world examples like Coral confronting Malcolm over misconduct, and Cheo's mediation case, we provide you with practical insights into resolving these challenging situations. Finally, we emphasize that education is an ongoing journey, leaving you with inspiring quotes from notable figures to keep you motivated.
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
Workplace Harassment Module 1. Getting Started. Welcome to the Workplace Harassment Workshop. Workplace harassment can be based on a variety of factors that differ from one person to another, such as race, sex and disability. This course will give you the tools necessary to recognize harassment in the workplace, as well as understand your rights and responsibilities under the law. It will also touch on safety in the workplace, which is, in and of itself, important in any organization. Three main actions that constitute harassment 1. When someone is doing something to you to make you uneasy. 2. When someone is saying something to you to make you feel uneasy. 3. When someone knowingly puts your life at risk in some way Module 2. The Background Experiencing uncomfortable situations in the workplace may be more than an offense against an individual.
Speaker 1:It can be a crime committed against the law. It is very important for everyone to understand the laws that protect and promote a safe and healthy workplace. Unfortunately, even with laws in place, various forms of harassment still occur in businesses across the world, so it is necessary for the policy makers of those companies to create programs that educate their employees on how to identify harassment and apply anti-harassment policies. Workplace bullying is a recently coined phrase. It has only been 30 years, since the effects of workplace harassment have been discussed openly. Companies have policies in place to safeguard their employees from it. Although rules are structured to support and protect their employees, companies are faced with harassment cases on a regular basis, costing them not only the loss of employees but a financial loss, costing them not only the loss of employees but a financial loss. The law Several federal laws have been enacted to not only protect against harassment but discrimination as a whole.
Speaker 1:Title VII of the Civil Rights Act of 1964 was enacted so employers could not legally hire, promote or fire someone due to their race, religion, sex, national origin or color. This act is enforced to companies that have 15 or more employees. Not only does it refer to current employees, but also job candidates. Laws imposed by the Equal Employment Opportunity Commission, eeoc, protect an individual or group from another's violation of those laws. Victims have the right to file a complaint with the EEOC or pursue other legal actions. The Age Discrimination and Employment Act of 1967, adea, went into effect so employers could not legally hire, promote or fire someone based on their age. This act and its accompanying amendments apply to employers with 20 or more employees and are enforced by the EEOC, since this act makes it illegal to discriminate against an individual in the workplace simply because of their age. It is equally illegal to harass them because of their age. When a person or group is in violation of this law, the individual being discriminated against or harassed must plead their case to the EEOC. They have 180 days to file a complaint. There are a great number of cases filed each year, so EEOC must determine if the case meets its criteria, then add it to its caseload and aggressively pursue a resolution. If not, the individual may request a right-to-sue letter from the EEOC and take further actions in federal court to have their case heard.
Speaker 1:An employee covered under the Americans with Disabilities Act, ada, reserves the right to work for an employer under accommodations reasonable to their disability. In addition, the employer is prohibited from discriminating against the employee because of their disability. This means the employer cannot base hiring, firing or compensation decisions on the nature of one's disability. Employers are also not allowed to discriminate against the employee due to their associations or relationships outside of work, such as disabled people support group. If an employee is a victim of such discrimination, they may be entitled to back wages and the amount of attorney fees paid.
Speaker 1:Genetic Information Nondiscrimination Act of of 2008. This act may be unfamiliar to some, but still carries as much weight as better-known laws. It states that people cannot be unfairly treated in the workplace because of their genetic makeup. In other words, they cannot be discriminated against or harassed because of a predisposition to a disease, whether based on the history of their family or an actual genetic test. Title I of this act prohibits health insurance companies from using this information to deny coverage to the employee, while Title II is designed to protect employees from being discriminated against in the process of hiring, terminating, promoting, etc. In the event that one breaks this law, the one being discriminated against can take the same recourse steps as they would in other Act violations, that is, present their case to the EEOC or hire an attorney to represent them in court over the matter.
Speaker 1:Unlawful harassment. Harassment becomes unlawful when the harassment becomes a prerequisite for continued employment. Harassment becomes unlawful when the harassment is severe enough to make attending work unbearable. Harassment becomes unlawful if your salary or status change.
Speaker 1:Nina was struggling at work with a co-worker who seemed to take every opportunity to be rude to her. She constantly made comments about Nina's outfits, the style of her hair and the quality of her work. Nina was discussing this situation, with her mother trying to work out what the best course of action would be. Nina's mother said maybe you're just oversensitive. When I worked at ABC company in the 80s, my female co -workers often made snide comments to one another. We just learned to put up with it, as awful as it was. Nina explained mom, things have changed a lot since you worked for that company. I cannot continue listening to her comments. I'm so stressed I don't even want to go to work. When I am there, I find it hard to concentrate. The quality of my work has suffered because of this. I've made up my mind. Nina said Tomorrow I'm going to speak to someone from HR and see what can be done. Nina's mother agreed I'm proud of you for taking charge of this situation.
Speaker 1:Module 3. Developing an anti-harassment policy. To tell employees that the company does not tolerate harassment is not enough. It's important for the business to outline a specific policy that defines harassment. It must explain what can happen as a result of displaying such actions, as well as what one can do if they believe they have been victimized. Applying these policies will help create a healthy workplace for the individuals involved in the incident and the company in general. Establishing an effective anti-harassment policy is not only beneficial to individual employees, but to the company as a whole. It can do the following Lessen the liability load of a company in terms of being able to use reasonable care as a defense. It can do the following Lessen the liability load of a company in terms of being able to use reasonable care as a defense if litigation arises.
Speaker 1:Discourage harassing behaviors before they become out of control. Clarify any confusion regarding certain behaviors. Promote a positive company image to the public. Help produce a high morale among employees with regard to reduced occurrences of harassment. Provide consistent, fair treatment to all employees.
Speaker 1:In order for an anti-harassment policy to be effective, it must be comprehensive and thorough. It should consist of the following elements Clearly explained policy written for the reader. Prohibited conduct based on race, age, sex, religion, etc. Must be spelled out in easy-to-understand terms. This should be in compliance with all local laws. It should also assure employees that they would not be legally retaliated against if they complain of harassment or serve as a witness to an investigation for another. Detailed definition of the rights and responsibilities of the employer and of the employees with regard to harassment. For example, employer will put an end to harassment before it is in violation of federal law, or employees must report any and all incidences of harassment before they become extreme.
Speaker 1:Outline the process for complaints. Explain how the internal complaint system works. Ensure this process promotes prompt, fair investigations and efficient corrective action if it is determined that harassment has in fact taken place. Some companies have implemented an ethics hotline reporting tool. It eliminates paperwork and guarantees the correct flow of information submitted by an employee, such as isitecom. Assure employees that their confidentiality is protected when complaints are made. The policy should be posted in a public place for all employees to see.
Speaker 1:Employees should receive training on the policy, a hard copy as a resource and made aware of any updates of the policy as they occur. Title VII of the Civil Rights Act of 1964 encourages the establishment of anti-harassment policies as it is a necessary business practice. Employers should clearly communicate to their employees that any type of harassment will not be tolerated. Employees should be provided with a copy of the company's anti-harassment policy and the procedures for resolving complaints. The Society for Human Resource Management provides online services that can help create an employee handbook. This document should be updated periodically and redistributed to everyone To ensure understanding of the rights and responsibilities associated with anti-harassment. Companies may want to provide some type of training internet-based, one-on-one or classroom sessions. One company suggests using the following as an annual plan to ensure all employee training is up-to-date. Although their approach is internet-based, it fundamentally covers all the steps to train employees and can be implemented as a hard copy 1.
Speaker 1:Introduction of the policy from upper management or HR. Just a few words about the policy itself and its benefit to the company. 2. Everyone receives a hard copy or has access to a web-based document. 3. Provide interactive training that includes periodic quizzes to determine quantitative learning outcomes. 4. Employees must prove their understanding of the content by engaging in an activity such as test quiz Can be online. 5. Employees should be well-versed on the complaint process and documentation procedures. 6. The investigation process should be clearly defined. Who do you turn to? Their contact information? What documentation must be filed?
Speaker 1:Your organization's anti-harassment policy is only as good as the people who develop practice and uphold it. This is why it is important for the management team of the company to make sure the entire staff thoroughly understands it. How can this happen? First, employers must provide their workers with a manual or some type of written material that plainly describes the policy, its definition, what it means for the workers, how they can promote it. What they should do if they are victimized by harassment is one of the more important aspects. Secondly, by understanding the diverse learning abilities amongst the employees.
Speaker 1:The policy content must be delivered in various ways. Examples mentioned earlier hard copies, digital copies, face-to-face trainings or one-on-one meetings. If you can add a fun aspect to it, perhaps by having employees write the policies or offer a prize for the best artistic interpretation of a specific aspect of the policy. Third, there should be signs posted throughout the office, in places such as the break room or copy center, so the policy is reinforced without employees consciously thinking about it. Lastly, change happens, laws change and these changes should be shared with everyone who is part of the company. Whether this is done through a mass email, a continuing education course or an updated version of the manual, the management team must find the most efficient way to inform workers of the new rules that have been set in place. This will not only help safeguard employers against discrepancies in the future, but it can also help everyone to fight to eliminate current issues of harassment or potential harassment.
Speaker 1:Creating a model policy can be a conundrum. On one hand, it is said that if a company follows the guidelines set in the elements of an anti-harassment policy section of this course, it is taking reasonable care to ensure the safety of its employees. On the other hand, even if the company implements a policy based on the EEOC's rules, it could still be at risk of being accused of not taking reasonable care. For example, if the company has a comprehensive policy and an adequate complaint procedure but does not follow through with the investigation of a complaint, it could be said that the organization did not exercise reasonable care in preventing the harassment. Then again, if the company does not have a formal policy but sufficiently investigates a case, it could be within its legal responsibility. The best way to understand a formal policy but sufficiently investigates a case, it could be within its legal responsibility. The best way to understand a model policy is to determine whether it has any deficiencies. If there are obvious state and federal loopholes within the policy, be sure to correct those. It may also be wise to consult a harassment attorney to review and make suggestions to improve your policy.
Speaker 1:Charles met with his boss, monica, to prepare for the training on their company's anti-harass your policy. Charles met with his boss, monica, to prepare for the training on their company's anti-harassment policy. Charles presented an array of colorful and comprehensive charts, handouts and a list of speaking points. He made sure all different learning styles would be taken into consideration. He told Monica the policy is clearly explained and is in compliance with the state and federal laws. The rights and responsibilities of employer and employee are outlined. I'll be posting our anti-harassment policy in a public place and I'll update staff on our policy as any changes occur. Also, all employees will be in attendance. Monica smiled this is great. Charles, do you have anything on confidentiality? It's important that all employees know that their confidentiality is protected when complaints are made. Charles put this statement in bold on the materials and went over confidentiality in detail during the training Module.
Speaker 1:4. Policies in the Workplace. Anti-harassment policies in the workplace should be broad and written in easy-to-understand terms. They should be circulated to everyone who is required to operate under the rights and responsibilities of them. Regardless of the position one holds at their workplace, all employees have one thing in common the need to be safe. It is the responsibility of management and the company as a whole to ensure the workplace is safe with regard to morale and physical safety. When determining what is necessary for a healthy workplace, an employer must consider the following have a firm grasp on why a healthy workplace is beneficial for employees and their families, the company and the community. Clearly define the responsibilities for ensuring a safe and healthy workplace. Design a detailed system for implementing a safe work environment. Understand the laws and regulations that govern your business. Address violations and take corrective action. Encourage employees to give their input about how to create and maintain a safe and healthy environment.
Speaker 1:Because harassment can be exhibited in a wide variety of ways, there should be different anti-harassment policy statements that explain the company's stance on non-tolerance for each of them. Here is the anti-harassment policy statement, followed by the United States Department of Agriculture, food Safety and Inspection Service. This policy reaffirms FSIS commitment to deliver program services in work environments that are harassment-free and respectful to its employees and customers. Harassment is a concern for everyone and we share responsibility to maintain a harassment-free workplace. Supervisors and employees must create and maintain a work environment where everyone is treated professionally and with dignity and respect. Fsis strictly prohibits the use or abuse of official authority or position to intimidate, coerce or harass.
Speaker 1:Harassment is a form of discrimination which may be based on a prohibited basis of race, color, national origin, gender, religion, age, 40 and over, mental or physical disability, political affiliation or belief, sexual orientation and marital or family status. It is any objectionable verbal or physical conduct, comment or display which demeans, disparages, aggravates, intimidates or causes humiliation or embarrassment to another person. It is conduct which serves no legitimate work purpose and is a reasonably known unwelcome offense. Harassment may Create an intimidating, hostile or offensive work environment, cause unreasonable interference with an individual's work performance. Otherwise affect an individual's employment opportunities. Refer to the following FSIS issuances for policy or guidance.
Speaker 1:Fsis Notice on Sexual Harassment Policy Statement. Fsis Notice on Workplace Violence Policy Statement. Fsis Directive 4735.4, reporting Assault, harassment, interference, intimidation or Threat. This notice does not limit the supervisor's right to manage effectively in the workplace. For example, nondiscriminatory assignment of work, operational reviews, performance reviews, coaching and disciplinary measures that a supervisor takes for valid reasons do not constitute harassment in the workplace. However, these actions must remain respectful. Harassment is not limited to the included party's perceptions. Anyone who is offended by the inappropriate behavior is affected.
Speaker 1:Managers and supervisors must be proactive in preventing harassment and ensuring a discrimination-free workplace. Managers and supervisors are subject to receive disciplinary or adverse action for tolerating harassment and failing to take appropriate and immediate action on reports of harassment. All employees have a personal responsibility to create and maintain a workplace that is harassment-free by refraining from discriminatory or harassing behavior. Employees should immediately address and resolve incidents of harassment at the lowest possible level. Employees experiencing harassment should document such incidents and, where practical, make their objections immediately known to the harasser or appropriate supervisory or management official. If you witness incidents of harassment, you should bring the incidents to the attention of or management official. If you witness incidents of harassment, you should bring the incidents to the attention of an appropriate official. If an informal attempt at resolution fails or is impractical, an employee may seek relief from harassment based on one or more of the prohibited bases by contacting an EEO counselor within 45 days of the alleged incidents. Report all other allegations of harassment to your supervisor or to the Workplace Violence Prevention and Response Program at 888-894-6217.
Speaker 1:Fsis has a zero-tolerance policy on reprisal and retaliation directed against any individual who participates in civil rights and EEO. This includes filing a complaint, testifying or participating in an investigation. Fsis takes all allegations seriously, investigates objectively and, if substantiated, uses appropriate corrective action. Post this notice in prominent locations at all FSIS-controlled work sites as a continual reminder that harassment is not tolerated or condoned in the workplace. All employees, including contractors, fsis-regulated industry personnel and others performing official work for the agency must fully support this policy. Remember everyone has a right to work in a harassment-free environment. Commit to ensuring that every employee and customer is treated professionally, equitably and with dignity and respect.
Speaker 1:When one thinks of an anti-harassment policy in the workplace, the first thing that comes to mind may be what the company is required to do in order to protect its employees from harassment. But the fact is, an anti-harassment policy is only effective when the employer and the employees play an active role in upholding it. The rights and responsibilities of employees include having a clear understanding of the policy itself and making sure there is full knowledge of employees rights and responsibilities within the policy. Attending all trainings outlined in the policy. Avoid conducting any behavior that is prohibited by the policy. Informing the proper authority of any hostile conduct seen committed upon others. Informing the proper authority of any hostile conduct committed toward you. Fully cooperating in the event of an inquiry or investigation. It is understood that the employer holds many responsibilities when it comes to enforcing anti-harassment policies. In fact, the employer is ultimately responsible for making sure the company and employees abide by them. The rights and responsibilities for employers include promote a workplace free of harassment by developing the anti-harassment policy in compliance with state and federal laws. Distribute the policy to each employee annually. The employer must also allow for periodic training on policy updates, as well as ensuring their understanding of the policy.
Speaker 1:Appropriately respond to violations of the policy in a timely manner. Keep a written record of, and securely protect reports made and actions taken to address breaches of the policy. Carla frowned as she sat her desk and she sighed as she became lost in thought. Fareed stopped as he saw the upset. Look on Carla's face. Hey, carla, is everything okay? Carla said it's just Vivian. Again, every time I talk to her she's spreading some rumor about someone. The worst part is I feel like there's nothing I can do about it. Fareed said that's harassment. If we tell our boss about it, he'll respond to the situation in a timely fashion. How do you know that's what's going to happen? Fareed pointed to the side wall. The office just put up a flyer about our anti-harassment policy. It goes over what to do when things like this happen. They told their boss that afternoon and in a short period of time, appropriate action was taken in response to the allegation.
Speaker 1:Module 5. Proper procedures in the workplace In order for the process to go as smoothly as possible and for the problem to be resolved as quickly as possible, it is vital that all involved follow the proper procedures, whether you are the person who is being harassed or the person accused of harassing someone else. Whether physical, verbal or psychological, harassment is a very uncomfortable situation for the victimized individual. At first it may even feel like nothing can be done to ease the pain experienced, but when one is able to separate from the emotional aspect of it, a resolution can be in plain sight. The first thing to do if you are being harassed is to tell the harasser to stop because what they are doing is wrong. In some cases, when the person is informed of their behavior, they may understand that what they are doing is inappropriate and take the necessary steps to rectify the situation. In addition to verbally telling the harasser to stop, it is important to consult with the proper authority, such as supervisor, human resources manager, so they can document the incident and make sure all other points outlined within the policy are being followed. You may also want to keep written documentation of the incident and make sure all other points outlined within the policy are being followed. You may also want to keep written documentation of the incident for your own records.
Speaker 1:According to the EEOC website, the following information will be requested when you file a claim your name, address, email and telephone number. The name, address, email and telephone number of the employer or employment agency or union you want to file your charge against. The number of employees employed there, if known, a short description of the actions you believe were discriminatory. For example, you were fired, demoted, harassed when the discriminatory actions took place. Why you believe you were discriminated against for example, because of your race, color, religion, sex, including pregnancy, gender identity and sexual orientation, national origin, age, 40 or older, disability, genetic information or retaliation. Your signature If you submit your claim by mail, don't forget to sign your letter. If you don't sign it, the EEOC cannot investigate it. Your letter will be reviewed and if more information is needed, the EEOC cannot investigate it. Your letter will be reviewed and if more information is needed, the EEOC will contact you to gather that information.
Speaker 1:Being accused of harassment might simply be a misunderstanding. Harassment accusations can be very stressful and may cause the accused to immediately go into defensive mode. While this may feel like the right thing to do at the time, in the end it will not be productive. Ignoring the situation will not make it go away. So the best way to deal with it is to face it head on. Just as the accuser has the right to consult with the proper authorities, the accused does as well. This will be the opportunity for them to explain their side of the story and, if it is determined that the accused is innocent, put an end to the matter. However, if the accused is found to be guilty, the appropriate steps will be taken to discipline the offender and protect the victim.
Speaker 1:If you believe that you have been falsely accused of workplace harassment, remain calm. If you are accused of workplace harassment, remain calm and listen to what your accuser is saying. Do not confront your accuser. Keep your thoughts to yourself. Your words may be misconstrued. Write down what you need to say. Document your account of what is said to have happened. Go to your direct supervisor. Recount what has happened, bringing with you whatever notes you have prepared. Garner support. Were there any witnesses to the alleged event? Ask them to come forward and to write their account of the events. Obtain legal advice if necessary.
Speaker 1:Note the victim of harassment does not necessarily have to be the person being harassed. Anyone affected by the behavior is considered a victim. To remove some of the discomfort of reporting a harassment incident. Some companies have implemented online reporting options. Victims of harassment may be unsure who to contact. Perhaps they've lost their employee handbook or cannot find the contact number. An online electronic reporting option can be offered as an option to all employees and can reduce their exposure to potentially embarrassing conversations. More reports will be filed and fewer cases will be lost to difficult discussions and lost documentation. With an online option, there is no need to fill out papers that can be potentially lost or misplaced. In the case of reporting harassment by a supervisor, the online report goes directly to HR, so no manager or supervisor is aware of the report until all information has been collected and an actual case filed. To ensure an understanding of the program, training videos can be offered and to ensure all employees understand the process, there should be quizzes in place with a passing grade indicating they read and now understood how to submit the required information.
Speaker 1:Before a formal investigation is conducted, additional information about the matter may be required to help determine if the action is in fact considered harassment. All parties involved will be interviewed to decide whether or not an immediate implementation of corrective action is in order to protect the alleged victim from further harassment After the initial inquiry, written reports and a verbal account of the situation are gathered, the Human Resources Department will designate someone to decide if that information is enough to make a decision of corrective action or if further investigation is necessary. If further investigation is necessary, it must be done so in a swift manner that does not show favoritism to either party. The outcome of a harassment case depends on several factors the company's official policy with regard to corrective action. The nature of the incident. The punishment of a crime must be dealt according to the degree of the crime. In other words, if an individual has an isolated case of using a racial slur, termination of employment would not be the appropriate response.
Speaker 1:The alleged perpetrator's conduct history. Some examples of proper corrective action methods are as follows In very mild cases of harassment, such as occasionally using harassing language, it may be sufficient to have a conversation with the perpetrator explaining why it is inappropriate and instruct them to refrain from that language in the future. If several employees have engaged in what would be considered non-severe conduct but other employees are unsure how to respond to, additional anti-harassment policy, training may be required. If an employee engages in severe behaviors that include verbal, physical, psychological or intimidating harassment, the perpetrator and victim should be separated. This can be done by transferring the perpetrator to another department site, etc. The victim could also be the one transferred, but only if they request it. In cases of extreme harassment, actions such as demotion, suspension or termination could be necessary.
Speaker 1:James and Sarah were recently in a heated disagreement, which led to James making inappropriate comments about Sarah Feeling uncomfortable and victimized. From this disagreement, sarah knew that she had to consult with the proper authority to document this incident. She approached Sam, the HR representative in their office, and discussed the matter with him. Sam listened and informed Sarah of the proper procedures that are done to file a claim, including gathering personal information about Sarah. A description of the incident and why she believed she was being discriminated against. About Sarah. A description of the incident and why she believed she was being discriminated against. After this initial consultation, james was informed about what was happening and began to worry. He did not think that he was harassing Sarah, but knew he had to remain calm. He could not become defensive or ignore the situation. Rather, he had to face the situation head on. James began to write down what he believed happened, to have his documentation for when he would speak with HR. This way, they were both able to explain their sides of the story.
Speaker 1:Module 6. False Allegations being falsely accused of anything can be taxing on one's emotions. The best way to confront false allegations is to go through the correct chain of command in order to plead your case and bring peace and justice back to your reputation in the workplace. One might consider that the most direct method of dealing with a case of being falsely accused is to confront the individual who made the accusation. However, in the workplace, this may not be appropriate or productive. Confronting the individual may be construed as being hostile, which could potentially lead to disciplinary actions against the individual who is innocent. To begin with, it is best to discuss the matter with your supervisor, manager or even human resources in a calm, informative manner. If the incident was reported following proper procedure, according to the company's anti-harassment policy, the accused would eventually be approached to offer their recollection of the events. So, rather than waiting, the accused should declare their innocence to the proper authority.
Speaker 1:Strict adherence to confidentiality is crucial in the case of an actual or perceived harassment situation. The highest degree of confidentiality possible is necessary in order to properly conduct the investigation, protect the parties involved and maintain control over the entire situation. One thing that is important to remember is that, although every possible measure will be taken, it is not possible to promise complete confidentiality. In order to conduct a proper investigation, some details of the case must be exposed to key people who are involved in the investigation, but it is reasonable to ensure the parties involved that everything will be done to prevent non-crucial personnel from having access to the case file While a situation is under investigation or even when corrective action must be implemented. A harassment case is, in many ways, always going to be an active case. The human resources manager or designated personnel is responsible for investigating inquiries and making sure the necessary information is gathered and that all company procedures are being followed. The work environment should be closely monitored. Company managers and or directors are in charge of making sure their office complies with the policy. This is especially necessary following a policy violation to ensure no further violations or retaliations occur.
Speaker 1:Retaliation At the federal level. Employees who complain about workplace discrimination or harassment, either internally or to an outside body, like the Equal Employment Opportunity Commission, eeoc, are protected under federal law as long as the complaint was made in good faith. This is true even if the claim turns out to be unfounded. If your role in the situation is to cooperate in an investigation as a witness, you are protected from retaliation by the EEOC At the company level. All companies prohibit retaliation for reporting or being involved in the investigation of harassment, but unfortunately this law does not prevent it from happening. In fact, it is such a common occurrence that organizations have instituted an anti-retaliation policy. This policy clearly states that retaliating against someone who has reported an incident or cooperated with the authorities to investigate a case is prohibited by law and spells out the corrective actions that will be taken if one is guilty of retaliation law. And spells out the corrective actions that will be taken if one is guilty of retaliation.
Speaker 1:The right to appeal a decision is a benefit of living in a democratic society. If a person is not satisfied with the ruling of a harassment case, they may want to take the case a step further by seeking mediation. If the employee feels like mediation has not justly come to a decision, a court trial may be the next option. The employee must consider company, state and federal laws when deciding to appeal a ruling, but generally they can appeal to the next higher court as long just cause exists. Jean was devastated. She was being falsely accused of harassing another individual in their office and it was taxing on her emotions. Jean did not want to come across as hostile by confronting this individual, so she returned to the human resource office to chat with May, the HR representative. May explained that it is an active and confidential case and that they will make sure they gather all of the information from both sides. May continued to say that the best way to confront any allegation was to go through the correct chain of command in which Jean could plead her case and be given the opportunity to declare her innocence with proper authority. With this information from May, jean felt some relief. She was glad that this case would be confidential and that non-crucial personnel would be prevented from having access to the case file. She knew she would be able to explain her side of the story to fight this false allegation.
Speaker 1:Module 7. Types of harassment. We are perhaps most familiar with the terms racial and sexual harassment, but there are many forms of harassment. The following are just a few Physical, actual or threatened assault, including hitting, tripping, kicking, punching or unwanted touching, malicious or insulting gestures. Verbal Unwelcome remarks, jokes, innuendos or taunts, causing offense or embarrassment. Name-calling, swearing, bullying, expressing or insinuating threats, incessant teasing, wolf-whistling or spreading rumors, psychological Shunning or ostracizing, stalking, staring, gesturing, preventing someone from joining in an activity, hiding, damaging or taking another's property, displaying objectionable materials, graffiti or pictures. Intimidation Use of physical or organizational power to coerce a person to perform a particular action or to instill a feeling of humiliation or intimidation.
Speaker 1:Religious An outward disrespect of religious beliefs. Not allowing a day off for specific religious holidays. Sexual orientation Bisexual, heterosexual, homosexual, asexual, etc. Persons may be subject to comments. A heterosexual woman may be harassed for being a mechanic subject to comments. A heterosexual woman may be harassed for being a mechanic.
Speaker 1:Cyberbullying Any type of harassment via the internet. Categorizing harassment will not lessen the effects of it, but it may be easier to recall and report more specific types of harassment. Keeping personal notes and documentation of the details of what you are experiencing will serve as reference points that you might not otherwise be able to recall when needed. To understand more about each specific type of workplace harassment, visit any number of sites such as iCitecom or TheBalanceCareerscom. The following is a brief overview of religious discrimination in the workplace. For complete details, refer to the Civil Rights Act of 1964.
Speaker 1:Religious discrimination is the outward disrespect of an employee's religious beliefs or practices or of their non-belief. Workplace religious discrimination is prohibited by law. Moral beliefs that are not necessarily religious are also protected by law. However, political, social and economic preferences are not considered religious beliefs, therefore not protected by law. When an employer treats an employee's badly due to considered religious beliefs, therefore not protected by law, when an employer treats an employee's badly due to their religious beliefs or practices or requires them to attend or keeps them from attending religious ceremonies, it is a form of workplace harassment. According to the Civil Rights Act of 1964, employers cannot hire or fire employees based on religious belief, nor can they alter terms of employment, such as promotions, job transfers, assignments, etc. Based on religion. Any attire not listed in the workplace dress code but required by an employee's religious beliefs must be permitted. Time off, including paid holidays, and general flexibility in the employee's schedule must be allotted for religious practice. However, religious accommodation is not required if it interferes with legitimate business interests and causes undue hardship to the employer, such as violating workplace safety protocol, infringing on the rights of other employees or adding extra costs to the workplace budget.
Speaker 1:The ability to identify harassment may not be as easy as it sounds. There are obvious forms of harassment, for example, if a person is making racial slurs or homophobic remarks. Other times it may not be as obvious, but still considered a form of harassment. The motive behind a statement is the determining factor of whether or not it is harassment. For example, the statement you look great today can be a compliment if a co-worker with whom you feel comfortable makes it. On the other hand, if it is made by a co-worker with whom you generally do not feel comfortable or you do not really know, it could make you uneasy, which could signify harassment. Three main actions that constitute harassment when someone is doing something to you to make you uneasy. When someone is saying something to you to make you feel uneasy. When someone knowingly puts your life at risk in some way. There may be times when you become aggravated by the actions of those around you. Their actions may result in you having a bad day. But what really constitutes workplace harassment? Before making a claim, read ahead to determine if your next move is a chat with upper management or HR or perhaps a face-to-face discussion with that co-worker.
Speaker 1:Do not confuse being managed with being harassed. Employees have specific duties to perform, usually within a specific time frame. Managers have a duty to ensure the workplace is run efficiently. You and a co-worker disagree. The disagreement may become heated, unless there is a continuous barrage of accusations and insults that last longer than the particular argument. This does not constitute harassment. An employee's level of personal accountability determines how well they handle stress. If you're unable to deal with the stress personally, the reasons behind it may need to be investigated. Necessary organizational changes may be uncomfortable, but do not constitute harassment. Witnessing what you consider harassment may just be a consensual relationship between coworkers. A friendly pat on the back is acceptable in the workplace.
Speaker 1:Although you may question the intention of the incident, it will likely be assessed against a reasonable workplace standard. Before any action or investigation is considered, be sure to familiarize yourself with your organization's workplace harassment policy. Ask yourself was the behavior directed at me? Was it improper for the workplace? What was happening at the time of the incident? Is this a repeat occurrence? Is my co-worker a friend outside of work? Do I feel threatened? Are there any outside stressors that could be putting me on edge? How did the incident leave me feeling? Have I done my due diligence by asking that this behavior stop? Have I received an apology from my coworker? Asking yourself these questions may help you determine what your next step will be. Maintain your composure and let your self-confidence override any self-doubt. If you have concerns, take action.
Speaker 1:Coral walked into the sales meeting late. A hush fell over the room. What's going on? She asked. Monica pulled Coral aside and explained there are photos of you being shared on our internal email. They are a bit odd. Coral knew exactly who was sending them. She went directly to that person and told him to immediately take them down. It's just a bit of fun. You look good on a tiger's body, malcolm said. Coral asked once more this behavior is unprofessional and I do not want to be associated with it. Please remove them or I will be lodging a complaint with HR. Malcolm questioned her. And what will you tell them? That your co-worker was poking fun at you? Grow up, coral. I will explain that this is psychological harassment. Malcolm refused. He didn't see the harm in a photoshopped picture of his co-worker. Coral submitted a claim of harassment against Malcolm via the company's new online reporting system, module 8.
Speaker 1:Sexual Harassment An estimated 80% of women and less than 20% of men in the United States report experiencing sexual harassment in the workplace. Sexual harassment is against the law and may have lasting negative effects on the lives of those involved and can be detrimental to the success of any company involved in a case. Before any laws were in place to protect them, women suffered silently through the era of slavery and domestic servitude. Societal views at the time depicted these women as having loose morals and left them to take care of themselves. In such cases, by offering advice like learn to deter these advances and don't act in such a way as to attract attention to yourself or to seduce men. Even today, those who are self-employed or work for employers who have fewer than 15 employees lack certain protections, but state laws are ever-changing and improving.
Speaker 1:Although sexual harassment has been an issue since the dawn of time, it was only 40 years ago that the term sexual harassment was coined. Unlike other offenses of harassment, sexual harassment is of a more sensitive nature, and victims are less likely to make claims of this nature as they do not want to draw attention to it. In 1990, the EEOC issued guidance on current issues of sexual harassment with the purpose of defining it, evaluating evidence, determining whether a work environment is hostile, holding employers liable for sexual harassment by supervisors, and evaluating preventative and remedial action taken in response to claims of sexual harassment. As of June 2020, an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act. In recent years, attention to high-profile cases have spurned movements like hashtag MeToo and brought the issue of sexual harassment to the forefront of media through documentaries and interviews motivating people to come forward and make changes. Laws protecting against sexual harassment have come a long way over the last century, but have a considerable way to go before there is a globalized sense of equality and justice.
Speaker 1:It is sexual harassment when one person's conduct interferes with another person's work performance or an intimidating, hostile or offensive work environment is created by this conduct. Examples of sexual harassment Unwelcome touching, requests for sexual favors, comments, jokes or innuendos related to sex, blatant, unsolicited requests for sex, prying into an individual's private life, exhibiting sexual material, continued, unwanted invitations for a date, staring or stalking, sexually based insults, distasteful communication. What is not sexual harassment? Mutual sexual attraction, behavior based on friendship, consensual, reciprocated interaction. There are three elements of an act that define a case of sexual harassment 1. The act is unsolicited or undesirable. 2. The act is sexual in nature or is directly related to gender. 3. The act can occur within a relationship of authority, for example, a supervisor over a subordinate, or in a relationship of equal authority, one subordinate over another subordinate, or in a relationship of equal authority, one subordinate over another subordinate. Some people may view sexual harassment as unwanted touching or blatant requests for sex, but there are more subtle behaviors that are also considered sexual harassment Staring at another in a manner that is sexually suggestive, making offensive comments about someone else's looks, body parts or clothing, intentionally brushing up against another, displaying sexual pictures in a public setting, sending emails with sexual content.
Speaker 1:The effects of sexual harassment can be devastating and far-reaching. Effects are not limited to the following, but this offers a summation of potential consequences Negative mood, alcohol abuse, increased self-doubt, decreased self-esteem. Recovering from an incident of sexual harassment may prove to be a challenge in the days, weeks, even months ahead. Due to the deeply personal effects of it, the steps to recovery may not be as obvious as with other offenses of harassment. Workplaces must make the victim a priority by creating a sense of normalcy, but also by being aware that the deeply rooted effects can manifest in any number of ways. Learning to trust and feel a part of the team may take the victim some time, making the transition to a normal work environment less predictable. There should be no expectation of a specific timetable for recovery. There will need to be a delicate balance of normal routine and sensitivity to potential off days.
Speaker 1:Meg agreed to go out with Joe, another employee, when he asked her out for coffee. Afterwards Meg declined a second date. Over the next week, when Meg walked to the break room, she felt like Joe was following her. He continually asked about her personal life outside work, especially focusing on whether or not she was seeing anyone romantically. Meg asked Joe to stop, but he did not change his behavior. Meg was afraid to tell her boss, as she'd seen him joking around with Joe and she suspected that the two were close friends. When Joe asked her out a third time, meg looked at her company's anti-harassment policy. She told her human resources manager about the situation with Joe and together she and the human resources manager talked to Joe's boss, who addressed the allegation in a direct and professional manner.
Speaker 1:Module 9. Mediation. Mediation is just as its name implies. It is when a non-biased third party from inside or outside the company is introduced to the case and charged with helping the two parties involved come to the middle ground of a resolution. Webster Dictionary defines mediation as an action in mediating between parties as to effect an agreement or reconciliation. There can be several benefits to this method of conflict resolution Easy to institute. The mediation session. Less expensive in terms of financial and time management resources. Also lessens employee stress. Considered to give an affirmative outcome for both parties. Seeks to re-establish positive relationships between the parties.
Speaker 1:Some employees do not feel that their employer is acting justly, so they opt to reach out to the EEOC and attend a mediation sponsored by the organization. The purpose of mediation is to just explain your case to the middleman, not convince them that you are right. The EEOC in turn aims to relay this information to the employer, so the employer and employee come to an amicable conclusion. The mediation is attended by a representative of the employer, such as attorney or human resources, as well as the employee and the mediator. The employee may also want to bring an attorney for legal support or a friend for moral support. Usually, by the end of the mediation, a compromise has been reached and a settlement enforced. If the employee does not agree with the decision, they may request an investigation, in which case the EEOC will assign an investigator to look into the details of the case. This investigation can take several months.
Speaker 1:Determining whether mediation is the best method of conflict resolution for a particular case is up to the employer and employees. Some instances can be resolved informally in a short period. In other situations, the parties cannot amicably agree on a resolution, so mediation may be a more effective way to remedy the situation. Use the following as a guide for determining whether mediation is necessary. If the only other alternative is taking the case to court, mediation may be the answer.
Speaker 1:Implementing mediation is a six-stage process. First, contact with the parties involved. The goal at this stage is for the mediator to explain their role in the process, listen to each side of the story and build rapport with the parties. Listening to the perspectives of each person will also allow the mediator to develop potential strategies to be used during the mediation. Gather information the mediator will consult with a representative of the company, such as human resource personnel, union leader, etc. To get a better understanding of the conflict and other options that can assist with resolution.
Speaker 1:Groom the parties for mediation. Grooming the parties for the mediation does not mean telling them what to say, but rather coaching them on the guidelines or ground rules for behaving in an ethical manner and encouraging a successful outcome Meeting the mediator, accused and alleged victim. Discuss confidentiality boundaries and propose an agenda Outcome. This is a very critical stage of the process. Mediation strives to salvage or re-establish relationships between employees, but it is up to the parties involved to ultimately help make this happen. The employees will have the opportunity to express what they would like to see happen. If a compromise is reached, this may be the resolution to the issue. Otherwise, further legal action may be necessary.
Speaker 1:Follow-up plan. Before the mediation session has ended, a follow-up plan must be established. This plan will answer questions such as who is going to monitor changes in the work environment? What do the parties need in order to get back to a sense of normalcy? What resources are there in the case of a resolution breakdown?
Speaker 1:In some instances, even after inquiries and investigations, a case may not be properly solved. The individual who believes they were wronged may try to appeal the decision to no avail. When that is the case, one must know that they have other options for resolving the matter. Appeals the right to appeal a decision is a benefit of living in a democratic society. If a person is not satisfied with the ruling of a harassment case, they may want to take the case a step further by seeking mediation. If the employee feels like mediation has not justly come to a decision, a court trial may be the next option. The employee must consider company, state and federal laws when deciding to appeal a ruling, but generally they can appeal to the next higher court as long as just cause exists.
Speaker 1:Union grievance procedures. Labor unions are organizations that represent workers in many industries. Their purpose is to negotiate wages, benefits, disputes, etc. On behalf of their members. According to research from 2019, as many as 14 million employees belong to a labor union. The specific grievance procedures to be utilized by employees may vary according to the union, but the method generally consists of three steps 1. The grievant must provide a written account of the complaint to the proper authority within the specified period. 2. The decision-maker must take the necessary actions in order to come to a decision about how the complaint should be handled. 3. The proper authority must supply the grievant with a written response of their decision.
Speaker 1:Bethany frowned and crossed her arms as she sat across from the human resources manager, marta. Marta asked her what's wrong, bethany? Bethany said at first I was relieved that the harassment case was going to mediation after it wasn't handled properly. Now I can't stop thinking about what might go wrong at the mediation. Marta handed Bethany a clean, crisp printout. This might help. It's a list of what to expect at EEOC mediation. Marta added you can also always bring someone for support. Do you have a lawyer? Bethany said no, but I do have a close friend who used to work in a labor union. Could I bring her Absolutely? Marta said In fact, it's written right there on the list I gave you. Bethany went to the mediation with her friend, confident and self-assured that the issue would be addressed fairly.
Speaker 1:Module 10. Conflict Resolution Module 10. Conflict Resolution Processes of conflict resolution generally include negotiation, mediation and diplomacy. In this module we will look at how to resolve the situation and how to decide the consequences.
Speaker 1:Resolving issues of harassment is not an exact science. Conflict resolution must be handled on a case-by-case basis. The overall goal of resolving an issue of harassment is to do so in a prompt, just manner. Within the company that the harassment took place, there is a formal process for reporting and investigating the matter and for reprimanding all offenders. However, sometimes this may not be enough to appease both parties, so voluntary mediation outside the organization may be necessary. While state and federal law require companies to exercise due process when dealing with such situations, it is ultimately up to the two sides involved to resolve the situation by encouraging a fair decision. In the case of sexual, racial or any type of harassment, it may be natural to want to automatically sympathize and empathize with the alleged victim, but this is not the fair or legal thing to do. The individuals in charge of investigating the allegation must maintain an impartial viewpoint and look at the facts of the case objectively and not allow their emotions to prevail. Clarify what actually happened Through mediation. A resolution has been determined.
Speaker 1:Coworker A has been found to have unlawfully done this to co-worker B. Decide where to go from here. Establish a goal that both sides agree on. Co-worker A will move to another department. Discuss the goals to gain clarification. Do both parties understand what changes will occur and what the consequences of those changes may be? Co-worker B has shuffled their work schedule so as not to have to engage with Coworker A. Discuss the potential outcomes or issues of these goals. Determine what flexibility there may need to be in these goals. Every second Friday, the two will begin and end their shifts at the same time due to productivity demands.
Speaker 1:Agree upon a solution to any barriers to the situation. The involved parties agree to be accountable for their actions henceforth. The parties agree to stay a distance from one another and will not acknowledge one another. The people involved must put themselves in the shoes of the other and get a feel for where each is coming from. It is easy to want to argue one's own point because in the forefront of their mind they feel there is no way they could be wrong. But when they step out of the situation and look at it from the other party's perspective, they may see how they could be wrong. Alternatively, this could allow them to reinforce acceptance of their behavior. Essentially, they agree to disagree.
Speaker 1:Deciding the consequence of an illegal act is the duty of the authority of the company, generally the human resources manager. The mission is to determine the appropriate punishment for the crime committed. In some cases it may be a verbal reprimand, while in others an individual may be terminated from employment, just as the overall process of investigating an incident of harassment. When deciding on the resolution, the authority must decide quickly on a reasonable sentence. Cheo went to talk to Mary, the company's human resource manager. A new supervisor had come on staff and within a week the supervisor had put a written reprimand in Cheo's file. Cheo said I have worked at this company for 15 years. I've never had so much as a complaint about my work. I told the supervisor that I wanted the letter redacted and he said no. Mary listened and then said how can I help? Cheo said I want the supervisor that I wanted the letter redacted and he said no. Mary listened and then said how can I help? Cheo said I want the supervisor to take the letter out of my file. Mary said that isn't an option at this stage. However, you should consider mediation as a next step. Together they went to talk to his supervisor, as they needed him to agree to the mediation in order to move forward.
Speaker 1:Module 11. The Aftermath. Your experience of workplace harassment has been resolved. You are ready to return to a sense of normalcy. However, the road to recovery after any challenging life event can be long and arduous. You may experience a sense of relief that the situation has been rectified, but there may also be some unpleasant effects that infiltrate your daily routine. In fact, some studies have shown that the lasting effects of workplace harassment can impact your mental and physical health. Make yourself the priority. Practice a healthy, well-balanced lifestyle. Now is a good time to begin new routines. A routine can offer a sense of balance and control to your life. Sleep, diet and exercise routines are all beneficial at any time in your life, but especially when recovering from a traumatic event.
Speaker 1:One of the first steps to moving beyond the effects of harassment is to make sure you have followed all of the company's policies for reporting and resolving the issue. It is difficult to feel like justice is served if it has not been pursued. Following through with this process will ensure a smoother transition back to the workplace. Most importantly, forgive and forget. Forgiveness is important for your overall health. If you struggle with forgiveness, take a look at this article published by Psychology Today that discusses the steps to forgiveness. Sometimes it is easier said than done, but the fact is, unless you learn to forgive, you may always be bound to the incident. Forgetting is an option, but forgiveness is necessary.
Speaker 1:Even though designated personnel within the company are assigned to monitor the process of addressing the harassment issue after its conclusion, the people involved should monitor the situation to some extent. The accused should be mindful of how they interact with others to avoid a repeat of the situation. The victim should remain mindful that, no matter how ready and willing you are to move on, you cannot change anyone but yourself. Unless you feel certain that your superiors at work are able to handle the monitoring of the situation, you may not feel comfortable returning to the same job. Perhaps now is a time to re-evaluate your job choice and consider a career change.
Speaker 1:Before one can actually learn from a mistake, they must understand what the mistake was and admit that it happened, own it, apologize, reframe it. Think of it as an opportunity to learn, analyze it. What was my intention? What went wrong? When did it go wrong? Why did it go wrong? Practice the lesson you learned, make the changes necessary to not let this happen again, review progress, perhaps even engage an accountability partner If the offense was intentional. The offender must understand that those actions are hurtful, inappropriate and not tolerated in the workplace. If they are unable to understand or are unwilling to enroll in sensitivity training, their position at work may be in jeopardy. They may not consider the disciplinary action they were dealt for their actions as severe, but if their inappropriate behavior continues, they may be faced with dire consequences. There is even a lot to be learned from situations that were not intentional.
Speaker 1:Being vigilant in one's interactions with others can help avoid ambiguous circumstances that may or may not be considered harassment, sensitivity or diversity. Training may be required or even requested by the company to prove their due diligence in a harassment case. If you won the lottery, you would want to surround yourself with people who love and support you. The same rule applies when you've experienced a bad time in your life. The people who love and support you will help you move on. Surround yourself with those people. This may mean taking a break from certain acquaintances, but that's okay. You need to consider your feelings first, no one else's. If you feel there is no one you can rely on, then reach out. If you had a physical illness, you would seek medical advice and follow a regime of prescribed medicine. A counselor can offer you a similar experience and reduce your recovery time. Because workplace harassment is such a widespread issue, there may be support groups to join. It isn't necessary or healthy to suffer in silence. Be proactive and put the steps in place that will buffer a painful experience.
Speaker 1:Something wasn't working, either in the workplace itself or in your relationship with a co-worker. The situation has been brought to the attention of whoever can implement the necessary changes. You've had some difficult conversations and now you have choices to make. Do you stay at your job, make a lateral move or leave the company altogether? Don't get caught up in it. From this point onward, new ways of interaction, methods of work or policy changes will make things different and, hopefully, better. Have faith in the fact that you did the right thing by dealing head-on with a situation that was impacting you in a negative manner. Be grateful that you live in a time when the opportunity for workplace change is available.
Speaker 1:If you chose not to, or feel like you are not able to, move forward, what now, as forgiving and forgetting is easier said than done, so is letting go and moving forward. Staying stuck is a choice and in some instances it's understandable. You might be thinking enough with change. I liked my life and job the way it was. The truth of the matter is that things have changed and you must move along with it. The battle you face now is with yourself. You control your thoughts, not the other way around.
Speaker 1:Marissa walked back into her office. She was nervous about returning to work. After being found guilty of harassment, she had even considered not coming back into her office. She was nervous about returning to work. After being found guilty of harassment, she had even considered not coming back into the workplace. However, she knew that avoiding the situation in this case would not help. Marissa decided to go to the break room for coffee and she couldn't believe it. Greta, the person she was accused of harassing, was the first person she saw. Marissa wasn't sure what to do. Then she remembered what the mediator had said Forgive and forget. She simply said good morning, greta. Greta smiled and looked relieved Good morning to you too, marissa. As Greta passed by, she added welcome back. Marissa. Smiled to herself. She guessed she wasn't the only one who had decided to forgive and forget. Smiled to herself she guessed she wasn't the only one who had decided to forgive and forget.
Speaker 1:Module 12. Wrapping Up. Although this workshop is ending, we hope that your journey to improve your knowledge of workplace harassment is just beginning. We wish you the best of luck on the rest of your travels. Words from the wise John F Kennedy One man can make a difference and every man should try. Napoleon Hill. Victory is always possible for the person who refuses to stop fighting. Dr Martin Luther King Jr. We must learn to live together as brothers or perish together as fools.
