Transcript CA SHP Training
Harassment Prevention
Objectives
Understand why harassment prevention is important Define types of harassment and their consequences Recognize and prevent harassment Respond to harassment if it occurs Adhere to and enforce the Convergys’ policy against harassment Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Importance
It’s the right thing to do We value our employees and commit to an environment where we treat each other with respect, recognize excellence and challenge each individual to grow personally and professionally.
We value the unique combination of qualities and contributions that each individual brings to the workplace.
It’s the law It damages public image It’s costly Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Definition
Harassment
Any unwelcome verbal or physical conduct implicating a protected status (including race, color, creed, or other legally protected status) and may be viewed as harassment if such conduct has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Definition
Sexual Harassment
Unwelcome sexual advances and/or requests for sexual favors and/or other verbal or physical conduct of a sexual nature. Examples may include, but are not limited to, unwelcome conduct such as: flirtations, advances, verbal comments of a sexual nature, unnecessary touching of an individual, displays of sexually suggestive materials Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
What is Prohibited?
Race Color National origin
Citizenship
Religion Gender Sex Sexual orientation Age Marital status Pregnancy Disability Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Race, Color, and National Origin
Disparaging labels Jokes Stereotypes Comments regarding Accent or manner of speaking Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Religion
Comments regarding attire or practices Asking about religious affiliation Pressure to participate in religious events or holiday activities Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Gender, Sex, and Sexual Orientation
Jokes about someone looking masculine or feminine Stereotypes about gender Comments regarding sexual orientation Questions regarding HIV status Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Age
Jokes Comments Stereotypes linked to age Questions regarding retirement Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Marital Status and Pregnancy
Jokes Stereotypes Comments about being either single or married Comments regarding pregnancy or plans for pregnancy Efforts to not hire, not reinstate, or fire employee Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Disability
Comments regarding someone looking or acting disabled Remember, disabilities can be visible or not visible Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
What is Sexual Harassment?
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
What is Sexual Harassment?
Victim and/or harasser may be a woman or a man Victim does not have to be of the opposite sex Harasser can be Victim's supervisor Third-party client or vendor Supervisor in another area Co-worker Non-employee Victim does not have to be the person harassed but could be anyone affected by the offensive conduct It may occur without economic injury to or discharge of the victim Conduct must be unwelcome Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Quid Pro Quo
This for That Occurs when an individual's submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions affecting the individual or the individual's submission to such conduct is made a term or condition of employment. Threat of economic loss A single sexual advance may constitute harassment Courts have held employers strictly liable A subordinate who submits and then changes her or his mind and refuses can still bring quid pro quo sexual harassment charges Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Convergys Policy
Dating, request for dates and/or personal relationships between management and persons within their scope of influence are prohibited. In addition, the behavior defined above is prohibited between a Convergys employee and our clients’ employees.
Management is defined as all exempt positions to include Manager, Supervisor, Trainer, Director and above.
Scope of influence includes the ability to affect salary, promotional status, performance appraisal content, project assignment, etc. If you are unsure if you fall within the scope of influence of another person, contact human resources for clarification.
Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Advice For Supervisors
Should not date or have sex with people within their scope of influence Can never be sure if the behavior is welcome, because employees may feel pressure to keep their jobs Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Hostile Work Environment
Unwelcome verbal, visual, or physical conduct that unreasonably interferes with an employee’s work performance Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Hostile Work Environment
All employees can commit Employer is responsible for non-employees Failure to stop repetition may result in liability Supervisory even if no one knew Coworker if company knew or should have known Individual personally liable Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Examples of Sexual Harassment
Verbal comments regarding physical attributes Sexual jokes Sexual names Discussion of pornographic movies Discussions of fantasies or experiences Sexual comments Repeatedly asking someone out Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Visual Harassment
30% had disciplined employees for Internet use unrelated to work, and 20% had fired employees for same 18% had disciplined employees for sending excessive personal e-mails at work and/or using instant messaging for matters unrelated to work Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Third Party Harassment
Third Party Harassment is when an employee who is not the target of the harassment witnesses the visual, verbal or physical harassment Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Supervisor Behaviors
Supervisors are responsible for behavior at Work Business trips Holiday parties and picnics Happy hours after work ANY Company-sponsored or company-related function Text Messages FaceBook, etc Please see the Social Media Policy on the portal Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Retaliation
Dismissal Demotion or transfer Negative evaluation Changing tasks or assignments as a form of punishment Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Common Misperceptions
The person being harassed must complain If the victim asks you to do nothing, you are free to do nothing If the victim refuses to cooperate, you are free to do nothing If the victim engages in the same conduct, you cannot be liable If It’s happening in someone else’s department, it’s not your responsibility Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
What To Do If It Happens to You
Consider telling the offender that you are uncomfortable, and you want the behavior to stop Maintain a record of the incident, the meeting and any response to the request Who?
What happened? Did it happen more than once?
Where did the incident occur?
When did the incident occur?
How?
Any witnesses?
You may bypass dialogue and proceed directly to filing a formal written complaint Speak to or submit a statement in writing to the attention of your Manager or to a Human Resources or Employee Relations representative The Human Resources or Employee Relations representative will investigate and decide on the appropriate remedy Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Supervisor’s Response to a Complaint
Remain objective and neutral Assure complainant that company does not condone harassment and discrimination and will take appropriate action Inform Human Resources immediately Refrain from discussing the matter Assist in investigation and response if requested Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Tips
Put employee at ease Take every issue seriously Make it private Be considerate Listen to the issue Refer to Human Resources Refrain from discussing Do not agree that you will keep everything confidential Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Give the name and phone number Do not express an opinion Contact Human Resources as a follow-up Do not document in the employee’s file Assist if requested
HR’s Response To A Complaint
Interview accuser and accused Identify witnesses and documents Maintain confidentiality to the extent possible Take appropriate corrective action Take steps to prevent retaliation Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Remedies
Make the employees whole Prevent misconduct from recurring Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Employees Who Report Harassment
Losing Their Jobs Bad Evaluations Negative Job References Being Labeled a “Troublemaker” Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Convergys Responsibilities
Take steps to stop the harassment and prevent retaliation Ensure that disciplinary measures should be proportional to the seriousness of the offense Correct harassment that is clearly unwelcome regardless of whether a complaint is filed Ensure that its supervisors and managers understand their responsibilities Keep records of harassment complaints Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Supervisor’s Responsibility
Participate in harassment prevention training Know the harassment policy and complaint procedures Contribute to the maintenance of a harassment-free work environment Take a a visual and auditory inspection of workplace Contact Human Resources if you observe behavior you believe is harassing Monitor workplace to assure harassment has stopped and no retaliation Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Finally . . .
Would you be acting like this or saying this if you knew someone was watching?
Would you be acting this way if your significant other were standing next to you?
Is the flirtation, joking, or teasing you’re engaged in worth a six-figure lawsuit? Revised July 2013 Convergys Confidential & Proprietary
Convergys Confidential and Proprietary