Transcript Slide 1
WHAT’S HAPPENING IN THE WORKPLACE • Harassment – particularly sexual harassment – is the fastest growing source of charges and lawsuits filed by employees. • Decisions hold employers strictly liable, if sexual harassment occurred. • The dollar size of judgments awarded in harassment lawsuits has skyrocketed. • Supervisors are named as individual defendants in lawsuits with more frequency. CAREERTECH’S NO TOLERANCE SEXUAL HARASSMENT POLICY • The Department regards sexual harassment of its employees as a very serious matter and prohibits it in the workplace by any person and in any form. It is each employee’s responsibility to use language that is respectful of others… • We do not tolerate any employee’s language or behavior, whether intentional or unintentional, that results in harassment, discrimination or creation of an offensive work environment for anyone because of his or her sex, race, religion, national origin, disability, age, veteran’s status or sexual orientation. WHAT IS “SEXUAL HARASSMENT”? There are two types of sexual harassment: • Quid Pro Quo – conditioning a job benefit or threatening adverse job consequences based on whether an employee submits to a request for sexual or romantic favors. Typically originating from a supervisor or someone who can carry out a promised benefit or threat. • Hostile Work Environment – examples include: unwelcome sexual advances, requests for sexual favors, and unwelcome verbal or physical conduct of a sexual nature, sexual innuendo, leering, comments about sexual exploits, pressure for dates, sexually explicit gestures, unwelcome touching and hugging, sexist jokes and cartoons, displaying pornography in the workplace, or inappropriate gifts. Hostile work environment claims can arise as a result of supervisor OR co-worker conduct. CAREERTECH PROHIBITS ALL HARASSMENT • Sexually harassing conduct includes, but is not limited to: – Unwelcome sexual flirtations, advances, or propositions. – Verbal or written abuse of a sexual nature, including suggestive jokes and innuendoes. – Explicit verbal comments about an individual’s body. – Sexually degrading words used to describe an individual’s body. – Sexually suggestive objects or pictures in the workplace. SCENARIO #1 • Barbara is wearing particularly tight and revealing clothing at work. Co-workers make jokes about how Barbara looks. Sometimes these comments occur in private or where other workers are present. SUPERVISORS’ RESPONSIBILTIES AND ROLE • Supervisors have an affirmative duty to maintain their workplace free from sexual harassment. This duty includes communicating this policy to employees and assuring them that they are not required to endure insulting, degrading, or exploitative sexual harassment. SCENARIO #2 • Your offices are undergoing major renovations, so contractors are frequently present for the remodeling work. During the past week, an employee of the drywall company has made a point to “hit on” Mary, a member of the office staff, every chance he gets. Mary has not complained, but you have observed this happening. SCENARIO #3 • Betty is supervised by John. They have been dating for several months. During the workday, Betty and John publicly flirt with each other. There is no question their relationship and flirting is entirely voluntary and welcomed. Today, another employee comes to you and complains that Betty was getting all the good work assignments and the easier projects, because of her relationship with John. EMPLOYEES ARE ASKED TO REPORT HARASSMENT Employee Action • Employees who believe they have been the subject of sexual harassment should report to the Grievance Manager in the Human Resources Division. The complaint will be investigated and the employee advised of the findings and conclusions. EMPLOYEES WHO REPORT HARASSMENT ARE PROTECTED AGAINST RETALIATION • In no way shall the Department or its employees discriminate or retaliate against any employee for making a report of sexual harassment. SCENARIO #4 • Diane does not work with you; however, instead of going to the supervisor she does work with, she informs you that David is “coming on” to Beth, her co-worker. David has been telling Beth off-color jokes and making sexual comments. Beth has told Diane this is extremely upsetting, but has not talked with anyone else. SCENARIO #5 • Sara tells you a co-worker, Doug, is telling her offensive jokes and making sexual comments. She tells you she has “wanted to get this off her chest”, but does not want any action taken, because both she and Doug are married, go to the same church, and it would be very embarrassing if this ever got out. SCENARIO #6 • Don and Catherine have worked together for a number of years. For the last six months, they have been dating. Today, Catherine tells you she broke up with Don last weekend, but he will not leave her alone. She wants you to do something about it. – What if Don is only bothering Catherine after work? – What if Don supervises Catherine? SCENARIO #7 • Linda is an employee you supervise. This afternoon, she informed you that Jack, a co-worker, has been asking her out, but she has refused. Jack has now begun sending her suggestive emails. The emails occur after work from Jack’s home computer to Linda’s home computer. SCENARIO #8 • Linda is an employee who works with you. She accidentally sent you an email messaging that was intended for Jack, which was full of sexual innuendos and a link to a “kinky” website. When you talk with Linda, she was embarrassed, but showed you that she and Jack regularly sent each other sexually-charged emails. She apologized that you received her message by accident, explains that she and Jack are just “kidding around”. QUESTIONS?