Avoiding Harassment:It’s all about Respect in the Workplace!

Anti-Harassment and Anti-Discrimination

All employees have the right to work in an environment free of illegal harassment.

Whose responsibility is it to maintain respectful workplace? Source Target Observers Persons in positions of authority

Protected Classifications Sex Sexual orientation Gender identity Age Race, Color Disability National Origin Religion, Creed Military veteran status

Marshalltown’s Policy It is the policy of the City of Marshalltown, Iowa to prohibit harassment and

to maintain a professional and quality working environment for all employees.

Every employee and supervisor is responsible for eliminating harassment

Report within 5 days to Supervisor, Department Director, City Administrator

Human Resources and Department Director notified; Immediate investigation

As confidential as possible

No retaliation

Discipline up to and including termination

Why is Respect so important? No one wants to work in an environment where he/she feels

uncomfortable or harassed Opposite of a Respectful workplace == workplace of

discrimination and discomfort Not only harmful, but illegal. Law guarantees all employees a workplace free from

discrimination and harassment

FOUR MAIN REASONS YOU SHOULD BE RESPECTFUL IN THE WORKPLACE

Job Satisfaction – No one likes to come to work when they are being harassed or witness harassment.

Job Productivity – When there is harassment in the workplace, obviously employees are not being productive and getting their work done.

Job Security: - As a potential harasser – it could cost you your job! At a minimum you will be disciplined on some level and could be terminated.

Entanglement in legal matters – Harassment can lead to lawsuits, and everyone suffers – the alleged harasser, the victim, and other employees who may be called into court proceedings as witnesses. It is extremely unpleasant!

THE LAWDefinition of Sexual Harassment and Other Unlawful Harassment

The Equal Employment Opportunity Commission defines sexual harassment as:

Any unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature when:

Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual’s employment

Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual

Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment

QUID PRO QUO HARASSMENT

“This for That” Only occurs between person in position of

authority and a subordinate

EXAMPLES OF PROHIBITED CONDUCT(not all inclusive list)

Spoken or written comments relating to a person’s sex or other protected characteristic, including off color jokes

Any unwelcome advance or contact of a sexual nature

Sexually oriented comments about a person’s body or behavior

Showing or displaying pornographic or sexually explicit objects, or illustrations in the workplace or while performing duties for the employer

Leering, stares, gestures

Touching someone – brushes, pats, grabbing, shoulder rubs, hugs

Excessive attention – love letters, texts, emails, calls, gifts

HOSTILE ENVIRONMENT SEXUAL HARASSMENT

Unwelcome

Sex-based conduct

Offensive (both personal and objective)

Severe or pervasive

AND

Behavior that has the purpose or effect of:

Unreasonably interfering with an individual’s work performance

OR

Creating an abusive working environment that’s intimidating, hostile or offensive

WHAT IS UNWELCOME? Not wanted What about silence? What about joining in?

Take the “Grandma Test” before you say or do anything:

Would I say this to my Grandma?

If it’s not about Business it’s none of your Business!

WHAT DOES OFFENSIVE MEAN? Would a Reasonable Person be Offended?

“But I didn’t mean that….I was only joking….I didn’t mean to hurt his/her feelings.”

Intent doesn’t matter!

SEVERE OR PERVASIVE ELEMENT HOW MUCH IS TOO MUCH?

Hostile Environment – Pervasive Conduct A pattern of repeated conduct is usually required Elements of:

How severe is the behavior?

How often does it occur?

MUST BE LINKED TO WORK The behavior has the purpose or effect of:

Unreasonable interference with an individual’s work performance

OR Create an abusive working environment that is

intimidating, hostile or offensive

NOT HARASSMENT

Insisting that people be at work on time and perform duties

Insisting people meet performance expectations.

WHO CAN MAKE A COMPLAINT?

Male harasser/Female complainant Female harasser/Male complainant Male harasser/Male complainant Female harasser/Female complainant Vendors, customers, citizens

REPORTING PROCEDURE

Employees may either: Report to Supervisor/Manager of their

area Human Resources City Administrator

REPORTS AND COMPLAINTS

EVERYONE has responsibility to report all concerns about potential harassment to Human Resources

Source Target Observers Persons in position of authority

REPORTS WILL BE:

Kept as confidential as possible Investigated promptly Action, if appropriate, will be taken No retaliation

WHERE CAN YOU FIND POLICY?

Sexual Harassment policy is on the City webpage and Employee Intranet

Materials from this presentation will be available electronically from HR

Copies of policies available in HR Part of new employee orientation: policy

provided and training

LIABILITIES The City and individuals can be held liable! Supervisors can be personally liable for engaging in

harassing behavior Supervisors can be personally liable for failing to take

action when knew or should have known harassment was occurring.

Individuals may have to obtain own attorney and pay for damages

EXAMPLE 1

Nathan, Michelle and Tina are co-workers who often hang out together. Tina wanders by Nathan’s office and sees Michelle in there. Michelle motions to Tina to come in and close the door. Nathan then shows her an off-color email he received from a friend. Michelle laughs hysterically and tells Nathan has a sick mind, just like hers. Tina says nothing and walks out.

QUESTIONS

Is this sexual harassment? Why or why not? Can it be sexual harassment if one woman is

offended but another is not? Has Tina conveyed to Michelle or Nathan that

she finds this material offensive? What risks is Nathan taking by receiving and

showing off color emails?

EXAMPLE 2

Ann was hired as the first female on the engineering construction crew. After only six months on the job she resigned. During her exit interview with an HR representative, she explained that she could no longer put up with the sexual comments the crew made about women in general. She said the foreman once told her “Boys will be boys. You have to learn to live with it.”

Is this a case of sexual harassment?

WHICH ANSWER IS CORRECT?

A. No because the comments were not made about her or to her.

B. No. None of the crew touched her or asked for sexual favors.

C. It may be.

CONCLUSION

No Discrimination

Respectful Workplace

Productive happy

employees

Productive Workplace

No Harassment