Transcript Discrimination and Harassment Free Workplace

Discrimination and
Harassment Free Workplace
Oregon Department of Fish &
Wildlife
HR Policy 450 10
Discrimination and Harassment Free
Workplace
• The State of Oregon is committed to a
discrimination and harassment free work
environment.
• All employees are expected to conduct
themselves in a business-like and
professional manner and not engage in
discriminatory or harassing behavior.
Discrimination and Harassment Free
Workplace
• HR Policy 450 10, Discrimination and
Harassment Free Workplace, outlines
types of prohibited conduct and
procedures for reporting and investigating
prohibited conduct.
• All employees are expected to read HR
Policy 450 10, Discrimination and
Harassment Free Workplace. The policy
can be located on ODFW Inside or in HR
Policy Manuals.
Discrimination and Harassment Free
Workplace
• This power point presentation
provides additional information
about a discrimination and
harassment free workplace.
• If you have questions after
viewing this presentation and
reading the policy, please
contact your supervisor or your
Human Resource Analyst.
Discrimination and Harassment Free
Workplace
• Throughout the presentation
there will be questions,
scenarios and quizzes designed
to test your knowledge.
• See if you can answer the
questions before the slide
changes to reveal the answer.
Discrimination and Harassment Free
Workplace
• HR Policy 450 10 and this presentation cover
three types of illegal, prohibited behavior:
1. Discrimination,
2. Workplace harassment, and
3. Sexual harassment
• Discrimination and workplace harassment
are based upon an individual’s protected
class status.
Discrimination and Harassment Free
Workplace
Protected class status under federal
law includes:
• race, color and national origin;
• sex (includes pregnancy-related
conditions);
• religion;
• age (40 and older);
• disability;
Protected class status under federal law
includes (continued):
• a person who uses leave covered by the
Federal Family and Medical Leave Act;
• a person who uses Military Leave;
• a person who associates with a protected
class;
• a person who opposes unlawful employment
practices, files a complaint or testifies about
violations or possible violations; and
• any other protected class as defined by
federal law.
Discrimination and Harassment Free
Workplace
Protected class status under Oregon law
includes:
• All federally protected classes, plus:
• age (18 and older);
• physical or mental disability;
• injured worker;
• a person who uses leave covered by the
Oregon Family Leave Act;
Protected class status under Oregon law
includes (continued):
•
•
•
•
•
marital status and family relationships;
sexual orientation;
whistleblower;
expunged juvenile record; and
any other protected class as defined by state
law.
Discrimination and Harassment Free
Workplace
Discrimination is…
A supervisor or person in authority making
employment decisions related to hiring, firing,
transferring, promoting, demoting, benefits,
compensation, and other terms and conditions
of employment, because of an employee’s
protected class status.
Discrimination and Harassment Free
Workplace
Examples of discrimination include:
• A supervisor refusing to hire a well qualified
candidate because she is pregnant.
• Upon “discovering” an employee’s age, a
supervisor transfers a well qualified 45 year
old employee from the “teen unit” to the
“senior citizen unit.”
NOTE: The examples are assuming a Bonafide Occupational
Qualification (BFOQ) or other circumstances do not exist.
Discrimination and Harassment Free
Workplace
Workplace Harassment is…
Unwelcome, unwanted or offensive conduct
based on or because of an employee’s
protected class status.
Discrimination and Harassment Free
Workplace
Examples of workplace harassment include:
• An employee repeatedly addresses
coworkers with derogatory comments or
stereotypes related to their race or religion.
The employee calls a coworker wearing a
turban, “Towel Head,” calls a Hispanic
coworker, “Beaner,” and calls a Jewish
coworker “Cheap Skate.”
• An employee tries to get a coworker to
resign by spreading untrue, malicious gossip
about the coworker, because of the
coworker’s disability.
Discrimination and Harassment Free
Workplace
Sexual Harassment is…
Unwelcome, unwanted, or offensive sexual advances,
requests for sexual favors, and other verbal or physical
conduct of a sexual nature when:
•Submission to the conduct is made either explicitly or implicitly a
term or condition of the individual’s employment; or is used as a
basis for any employment decision (granting leave requests,
promotion, favorable performance appraisal, etc.); or
•The conduct is unwelcome, unwanted, or offensive and has the
purpose or effect of unreasonably interfering with an individual’s
work performance, or creating an intimidating, hostile or offensive
working environment.
Discrimination and Harassment Free
Workplace
Examples of sexual harassment include:
• A supervisor telling a subordinate employee
that if he/she accompanies the supervisor
for a weekend get-away, the supervisor
might be able to arrange for some paid time
off for the employee, or look into a
promotion for the employee.
• A person in authority threatening to discredit
a subordinate employee if they won’t attend
a party with them after work.
Discrimination and Harassment Free
Workplace
• Any employee believing they have
been subjected to discrimination,
workplace harassment or sexual
harassment should report that
behavior to their immediate
supervisor, another member of
management or the agency Human
Resource section.
• A complaint may be made verbally
or in writing.
Discrimination and Harassment Free
Workplace
Answer
•Discrimination
,workplace harassment
and sexual
Why
is
it
important
for
employees
to
harassment can cause:
report
discrimination, workplace
•Employees to be hurt emotionally
harassment
•Productivity to goand
downsexual harassment?
•Absenteeism to go up
•The work of the agency to be jeopardized
•Employees to be fearful of others
•Workplace morale to be reduced
•When management knows about the problem it can
be corrected.
•Discrimination, workplace harassment and sexual
harassment must be stopped!
Discrimination and Harassment Free
Workplace
Answer
Why
employee’s
•Fear
ofdo
losing
their job hesitate to report
discrimination,
•Fear
of retaliation workplace harassment and
sexual
harassment?
•Fear
of getting
someone into trouble
•Fear of disrupting the workplace
•Fear of being accused of having no sense of humor
•Fear of being embarrassed
•Fear of feeling like “less of a man/woman”
•Fear of not being believed. Discrimination and
harassment are generally subtle and inconspicuous.
Discrimination and Harassment Free
Workplace
Answer
•Set
an example
workplace
What
can of
a respectful
supervisor
dobehavior.
to help
•Have clear expectations that discrimination, workplace harassment
employees
feel
reporting
and
sexual harassment
aresafe
not tolerated.
•Have
a clear mechanism workplace
for reporting; including
the ability to
discrimination,
harassment
report to another member of management should the supervisor be
the
accused.
and
sexual harassment?
•Take immediate steps to stop inappropriate behavior or conduct as
it occurs or is reported.
•Guard against retaliation.
•Handle investigations as discretely and confidentially as possible.
•Be sensitive to the feelings of all involved. It is not easy for the
complainant, the accused or anyone participating in an
investigation.
Discrimination and Harassment Free
Workplace
• Once a complaint of discrimination,
workplace harassment or sexual harassment
is made, the agency must promptly
investigate the complaint.
• Complaints are taken seriously and are
confidential to the extent possible.
• Employees are expected to cooperate with
an investigation and keep information
regarding the investigation confidential.
Discrimination and Harassment Free
Workplace
Scenario: An employee reports
Answer
harassment to his/her supervisor and
says, “I
don’t
want
you
toand
dobeanything
•A supervisor
cannot
promise
to “just
listen
aware.”
about this. I just want you to listen and
•Once a supervisor receives a report of harassment or
be aware
of what
isobligation
going to
on.”
discrimination,
a supervisor
has an
take action.
•In fact, a supervisor has the responsibility to ensure the integrity
of the
workplace.
A supervisor
must exercise reasonable
care to
How
should
the supervisor
respond?
prevent and promptly correct any discrimination, workplace
harassment or sexual harassment they know about or should
know about.
Discrimination and Harassment Free
Workplace
Answer
Scenario: A supervisor receives a report
•Conduct
an investigation
discretely
and
quickly.
of sexual
harassment.
The
supervisor
•Caution all parties not to discuss the investigation.
has seen such reports divide a
•Direct employees back to work who are talking about
theworkforce.
accused or the complainant in regards to the report.
•Work to keep up morale in the office and ensure work
is being accomplished.
What
advice
would
you give
the in place
•Be
proactive.
Having
established
expectations
that
do not allowto
gossiping
and other non-productive
supervisor
help minimize
disruption or
to
destructive activities is a preventative measure a
the workplace?
supervisor
should take.
Discrimination and Harassment Free
Workplace
Answer
•An
employee
accused
of discrimination,
workplace
How
should
an agency
treat an
employee
harassment or sexual harassment should be treated
accused
of discrimination,
workplace
with
professionalism
and respect, as you
would any
employee.
harassment or sexual harassment?
•Just because an employee has been accused, does not
mean the employee is guilty.
•The accused employee has a chance to defend
him/herself and present information and witnesses.
•An agency must conduct a neutral investigation.
Conclusions should not be reached until the
investigation is complete.
Discrimination and Harassment Free
Workplace
Answer
Scenario:
An employee
filed
a report
•No.
An employee
will not be
disciplined
forof
harassment
her the
supervisor.
making
a reportwith
of what
employee After an
investigation
the agency did not agree
believes
is harassment.
that harassment
occurred.
Because
•Harassment
is a term
often used
for lack of a
harassment
was notwhat
found,
the employee
better
way to describe
an employee
worries
that
she will be disciplined.
feels
he/she
is experiencing.
•Sometimes an investigation will conclude
that
athe
particular
behavior
was not
harassment
Are
employee’s
worries
founded?
or discrimination but was inappropriate
workplace behavior.
Discrimination and Harassment Free
Workplace
•
•
•
The complainant and the accused will be notified
individually when an investigation is concluded.
They will be told if any part of the complaint is
substantiated. The complainant will not be told
specifics of any action taken against the accused.
Employees engaging in conduct in violation of this
policy may be subject to disciplinary action, up to
and including dismissal.
State temporary employees or volunteers engaging
in conduct in violation of this policy may be subject
to termination of their working or volunteer
relationship with the agency.
Discrimination and Harassment Free
Workplace
•
•
•
An employee who harasses another employee because
of their protected class status, or sexually harasses
another employee, while away from the workplace and
outside of working hours, may be subject to the
provisions of this policy if that conduct has a negative
impact on the environment at work and/or working
relationships and/or the employer’s business.
Even consensual relationships can impact the work
environment when one party decides they no longer
wish to participate.
Supervisor/subordinate relationships can also impact
the work environment because of actual or perceived
preferential treatment.
Discrimination and Harassment Free
Workplace
•
If a complaint involves the conduct of a contracted
employee or a contractor, management will address
the problem behavior with the contractor and require
prompt, appropriate action.
•
If a complaint involves the conduct of a client,
customer, or visitor, the agency should follow its own
internal procedures and take prompt, appropriate
action.
Discrimination and Harassment Free
Workplace
Scenario: A technician is contracted to
Answer
maintain
copytomachine.
•The
supervisorthe
hasoffice
an obligation
maintain theEach
time of
the
makes a service call
integrity
thetechnician
office environment.
thesupervisor
technician
tells
dirty
joke. back
Some
•The
should
directa the
employees
to
work.
employees can’t wait for the machine to
break
down,
just so is
they
can
hear the
•Even
though
the technician
not an
employee,
the
supervisor
should tell the technician to stop telling
latest joke.
dirty jokes.
•The supervisor should contact the company holding
though
no employees
have
theEven
contract
and report
the behavior and
request
complained,
what is the supervisor’s
prompt
corrective action.
responsibility?
Discrimination and Harassment Free
Workplace
•
•
•
Retaliating against employees who file complaints,
participate in investigations, or report observing
discrimination, workplace harassment or sexual
harassment is prohibited.
If an employee believes they have been retaliated
against, the employee should report the retaliatory
behavior to their supervisor, another manager, or the
agency Human Resource section, Executive Director
or chair.
Complaints of retaliation will be investigated
promptly.
Discrimination and Harassment Free
Workplace
Answer
Scenario: An investigation resulted in an
employee being disciplined for sexual
harassment.
The disciplined
employee
•Just as discrimination
and harassment
are
was
mad and
prohibited,
so isencouraged
retaliation. others to shun
those who participated in the
investigation. You have been asked to
•Refuse
to speak
participate
in retaliation
against
refuse to
to your
coworkers
who
your
coworkers.
The moralebehavior
of the staff
reported
the employee’s
tohas
the
already
been harmed. You do not want to
supervisor.
contribute to further problems.
What can you do?
•Report this behavior to management.
Discrimination and Harassment Free
Workplace
True
•Employment
actions
taken against
employees
that
Discrimination,
workplace
harassment
and
sexual
are
based on or
because
of anbehavior.
employee’s protected
harassment
can
be illegal
class status are illegal, violating federal and state
law.
True or False?
•Unwelcome, unwanted or offensive sexual
advances or requests for sexual favors which require
submission in exchange for employment action or
inaction are illegal, violating federal and state law.
Discrimination and Harassment Free
Workplace
Harassment is limited to exchanges
False
between men and women.
Harassment can
occur
between men and
True
or False?
women, women and women, and men and
men.
Discrimination and Harassment Free
Workplace
False
Only a supervisor/manager has the authority to
Only a member of management has the
discipline an employee for engaging in discrimination,
power to eliminate discrimination,
workplace harassment or sexual harassment.
workplace harassment and sexual
harassment in the workplace.
Employees at every level of the agency have the power
to prevent and eliminate discrimination, workplace
False? by:
harassment and True
sexual or
harassment
•Being a role model for appropriate workplace behavior;
•Not engaging in it; and
•Being comfortable enough to tell each other respectfully when they
have been offended.
Discrimination and Harassment Free
Workplace
False
•A
receiving
a report
of harassment
has an
Ifmanager
I tell my
manager
I am
being harassed
obligation
to keep can
the information
as confidential
my manager
guarantee
my nameas
possible.
will be kept out of it.
•Human Resources and specific members of
management mayTrue
need or
to have
some or all of the
False?
information from your report.
•In order for the accused to answer questions and
defend him/herself, he/she will need specifics.
•Witnesses will be given limited information.
Discrimination and Harassment Free
Workplace
True
Taking
a proactive
stance
to create
and maintain
a
Prevention
is the
most
effective
way to
respectful
work
environment is theworkplace
most effective
eliminate
discrimination,
way
to prevent discrimination,
workplace
harassment
harassment
and
sexual
harassment
in
and sexual harassment.
the workplace.
This can be accomplished by:
•Educating the workforce about discrimination, workplace
True
or False?
harassment and sexual
harassment;
•Having clear guidelines for reporting discrimination, workplace
harassment and sexual harassment; and
•Making it clear that that discrimination, workplace harassment
and sexual harassment are prohibited and retaliating against
someone for reporting is prohibited.
Discrimination and Harassment Free
Workplace
Together we must work
to create and maintain a
work environment that is
free from discrimination,
workplace harassment
and sexual harassment.
Questions?
Contact your supervisor or HR:
Jonathan Herman
Alida McNew
[email protected]
[email protected]
• High Desert Region
• Southwest Region
• Wildlife Division
•
•
•
Administrative Services
Division
I&E Division
ISD Division
Lisa McCune
[email protected]
•
Northeast Region
Mona Childress
Mona.Childress @state.or.us
• Northwest Region
• Fish Division