christian brothers services...4/14/2016 6 damages • injunctive relief • reinstatement • back...
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4/14/2016
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© 2016 Christian Brothers Services, Romeoville, IL. All Rights Reserved.No part of this presentation may be reproduced, stored in a retrieval system, or
transmitted by any means without the written permission of Christian Brothers Services.
Christian Brothers Services2016 Spring Webinar Series
April 14, 2016
Christian Brothers Risk Management Services
2016 SPRING WEBINAR SERIES
Recognizing & Preventing Harassment, Discrimination, Abusive Conduct &
Retaliation in the Workplace
Opening PrayerOpening PrayerCreator God, through your worldand people that surround us, we
pray that we may grow more awarethis day of your life giving presence.Open our minds and hearts to apply
the knowledge from today’s webinar for the good of all.
We ask these things in Jesus’ Name.Amen
Creator God, through your worldand people that surround us, we
pray that we may grow more awarethis day of your life giving presence.Open our minds and hearts to apply
the knowledge from today’s webinar for the good of all.
We ask these things in Jesus’ Name.Amen
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2016 SPRING WEBINAR SERIES
Recognizing & Preventing Harassment, Discrimination, Abusive Conduct & Retaliation
in the Workplace
Andrew KoponMember
Kopon Airdo, LLC
Maureen A. MurphyMember
Kopon Airdo, LLC
James SzekendiDirector, Human Resources
Sisters of the Holy Cross
To Receive Your Certificate of Compliance:• Provide the following information pertaining to each individual who participated in
this training program:– Name– Position– Organization– Email address– Mailing address– State where you work
• Forward information to Laura Hart:– [email protected]– 800.807.0100 ext. 3054– Christian Brothers Services
1205 Windham ParkwayRomeoville, IL 60446
New York Times – HEADLINES – March, 2016
Geoffrey Marcy to Resign From Berkeley Astronomy Department
Geoffrey Marcy, a professor at the University of California, Berkeley, which found he sexually harassed students.
Sexual Harassment Cases Tarnish Berkeley’s Image as a Center of Social Activism
Tyann Sorrell, a former executive assistant for the dean of the law school at the University of California, Berkeley. The dean stepped down after an inquiry
found he had forcefully hugged and kissed Ms. Sorrell.
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AGENDA Introduction – Title VII, verdicts, supervisor liability
Laws Governing Sexual Harassment
What is Sexual Harassment
Employer Responsibilities
Sexual Harassment Policy
Other Elements of a Prevention Program
Retaliation
Abusive Conduct/Bullying
Practical Pointers on Culture
Q&A, Workshop – Practical Examples
2016
EMPLOYMENT LAW MANUALKOPONAIRDO.COM
[email protected](Desiree Patillo)
EEOC StatisticsFY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FYI 2015
Receipts 7,944 7,809 7,571 7,256 6,862 6,822
% of Charges Filed By Males 16.20% 16.10% 17.80% 17.60% 17.50% 17.10%
Resolutions 8,959 9,195 8,924 7,758 7,037 7,289
Resolutions By Type
Settlements995 1,039 977 879 786 834
11.10% 11.30% 10.90% 11.30% 11.20% 11.40%
Withdrawal w/ Benefits
548 523 537 518 526 597
6.10% 5.70% 6.00% 6.70% 7.50% 8.20%
AdministrativeClosures
2,086 1,962 1,892 1,763 1,637 1,690
23.30% 21.30% 21.20% 22.70% 23.30% 23.20%
No Reasonable Cause
4,551 4,975 4,842 4,066 3,662 3,770
50.80% 54.10% 54.30% 52.40% 52.00% 51.70%
Reasonable Cause
779 696 676 532 426 398
8.70% 7.60% 7.60% 6.90% 6.10% 5.50%
SuccessfulConciliation
242 238 243 212 152 152
2.70% 2.60% 2.70% 2.70% 2.20% 2.10%
Unsuccessful Conciliation
537 458 433 320 274 246
6.00% 5.00% 4.90% 4.10% 3.90% 3.40%
Merit Resolution
2,322 2,258 2,190 1,929 1,738 1,829
25.90% 24.60% 24.50% 24.90% 24.70% 25.10%
Monetary Benefits (Millions)* $41.20 $45.10 $43.00 $44.60 $35.00 $46.00
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EEOC Statistics FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FYI 2015
Receipts 27,356 27,270 26,777 26,756 26,820 27,893
% of Charges Filed By Males 29,687 31,990 30,501 27,537 25,791 28,642
Resolutions 2,853 3,127 2,906 2,656 2,351 2,627
ResolutionsBy Type
Settlements9.60% 9.80% 9.50% 9.60% 9.10% 9.20%
1,652 1,648 1,652 1,725 1,667 1,860
Withdrawal w/ Benefits
5.60% 5.20% 5.40% 6.30% 6.50% 6.50%
5,607 5,844 5,132 4,777 4,877 5,258
AdministrativeClosures
18.90% 18.30% 16.80% 17.30% 18.90% 18.40%
17,316 19,696 19,331 17,144 15,977 17,866
No Reasonable Cause
58.30% 61.60% 63.40% 62.30% 61.90% 62.40%
2,259 1,675 1,480 1,235 919 1,031
Reasonable Cause
7.60% 5.20% 4.90% 4.50% 3.60% 3.60%
523 458 482 488 326 398
SuccessfulConciliation
1.80% 1.40% 1.60% 1.80% 1.30% 1.40%
1,736 1,217 998 747 593 633
Unsuccessful Conciliation
5.80% 3.80% 3.30% 2.70% 2.30% 2.20%
6,764 6,450 6,038 5,616 4,937 5,518
Merit Resolution22.80% 20.20% 19.80% 20.40% 19.10% 19.30%
$118.70 $118.50 $113.00 $129.10 $93.90 $125.50
MonetaryBenefits (Millions)*
27,356 27,270 26,777 26,756 26,820 27,893
STATISTICSFY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FYI 2015
Receipts 21,454 21,470 21,088 21,371 21,930 23,097
% of Charges Filed By Males
22,873 25,205 23,936 21,723 20,706 23,490
Resolutions
ResolutionsBy Type
2,080 2,361 2,199 1,999 1,765 2,028
Settlements9.10% 9.40% 9.20% 9.20% 8.50% 8.60%
1,221 1,281 1,259 1,347 1,300 1,448
Withdrawal w/ Benefits
5.30% 5.10% 5.30% 6.20% 6.30% 6.20%
4,032 4,379 3,712 3,421 3,708 4,047
AdministrativeClosures
17.60% 17.40% 15.50% 15.70% 17.90% 17.20%
13,873 16,025 15,764 14,119 13,335 15,223
No Reasonable Cause
60.70% 63.60% 65.90% 65.00% 64.40% 64.80%
1,667 1,159 1,002 837 598 744
Reasonable Cause
7.30% 4.60% 4.20% 3.90% 2.90% 3.20%
333 268 293 341 214 276
SuccessfulConciliation
1.50% 1.10% 1.20% 1.60% 1.00% 1.20%
1,334 891 709 496 384 468
Unsuccessful Conciliation
5.80% 3.50% 3.00% 2.30% 1.90% 2.00%
4,968 4,801 4,460 4,183 3,663 4,220
Merit Resolution
21.70% 19.00% 18.60% 19.30% 17.70% 18.00%
$86.50 $87.90 $82.10 $97.30 $68.20 $95.90
Monetary Benefits (Millions)*
21,454 21,470 21,088 21,371 21,930 23,097
Effective 1964
No discrimination against “protected classes”
15 or more employees
TITLE VII
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Race
Color
Sex
National origin
Religion
Pregnancy
Age
PROTECTED CLASSES
ADVERSE EMPLOYMENT DECISIONSbased on sexual harassment
Hiring Discipline Transfer Demotion Training Compensation/benefits Discharge Post job references
CIVIL RIGHTS ACT OF 1991
Right to a jury trial
Compensatory damages (emotional pain, mental anguish)
Punitive damages
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DAMAGES
• Injunctive relief• Reinstatement• Back pay• Front pay• Attorneys fees• Compensatory (cap)• Punitive (cap)
DAMAGES
Back pay Front pay Compensatory damages Punitive damages Caps on non-punitive damages Number of Employees Damages Cap
15 - 100 $50,000101 - 200 $100,000201 - 500 $200,000501 and more $300,000
THE ECONOMICS OF TITLE VII
Damages, plus
Attorneys’ fees and expenses for them.
Attorneys’ fees and expenses for you.
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ECONOMICS OF TITLE VII
FACT INTENSIVE INQUIRY
RECORDS – decision maker, employee, comparators
INTERVIEWS – decision maker, employee, witnesses,
POLICY REVIEWS ADMINISTRATIVE HEARING LITIGATION
EMPLOYER LIABILITY FOR HARASSMENT
Affirmative duty
Must be proactive
Policies in place and follow through
ANTI-HARASSMENT POLICY
Include a policy prohibiting all forms of harassment.
Provide a list of prohibited conduct, being sure to state that the list is non-exhaustive and that prohibited behavior is not limited to those examples.
Procedure for making complaints of harassment.
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POST JOB REFERENCES
Title VII protection - beware retaliation
Develop a policy Neutral reference Designate a point person Disclosing negative information - releases Criminal conduct
Sexual Harassment
LAWS GOVERNING SEXUAL HARASSMENT
Federal Law:Sexual harassment is a form of sex discrimination that violates Title VII: It is unlawful to harass a person (an applicant or employee) because of that person’s sex.
State and Local Law: Each state, and many counties and local municipalities have their own laws governing discrimination, including
sexual harassment.
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CALIFORNIA LAW
California’s Fair Employment and Housing Act defines harassment because of sex as including sexual harassment, gender harassment—harassment based on gender, gender identity, gender expression and transgender status ,harassment based on pregnancy, childbirth, breastfeeding, and related medical conditions.
SEXUAL HARASSMENT CAN OCCUR IN VARIOUS CIRCUMSTANCES
The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee, such as a client or customer of the employer.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
What is Sexual Harassment?
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SEXUAL HARASSMENT
Sexual harassment is defined under federal law as
Unwelcome sexual advances, requests for sexual favors,and other verbal or physical conduct of a sexual nature,when this conduct explicitly or implicitly affects anindividual’s employment, unreasonably interferes withan individual’s work performance, or creates anintimidating, hostile, or offensive work environment.
SEXUAL HARASSMENT (CONT’D)
FEHA defines sexual harassment as unwanted sexual advances; or visual, verbal or physical conduct of a sexual nature.
In California, specific things that constitute unlawful harassment are
• Offering employment benefits in exchange for sexual favors
• Making or threatening reprisals after a negative response to sexual advances
• Unpaid interns and volunteers are considered employees for purposes of harassment claims.
WHAT IS QUID PRO QUO HARASSMENT?
Occurs when a manager or supervisor conditions an employment benefit on an
employee’s submission to unwelcome sexual conduct.
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WHEN IS CONDUCT UNWELCOME?
Conduct is considered unwelcome if the individual did not request or invite it and considered the conduct to be undesirable or offensive.
An individual’s submission to the conduct or failure to complain does not always mean that the conduct was welcome.
WHAT CREATES A HOSTILE ENVIRONMENT?
Verbal Conduct:
• Making or using derogatory comments, epithets, slurs and jokes; telling sexual or dirty jokes; Verbal sexual advances or propositions
• Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations
• Spreading sexual rumors or talking about another’s sexual activity or performance; or harassment can include offensive remarks about a person’s sex, such as offensive comments to a woman about women in general.
MORE EXAMPLES
Visual Conduct:
• Leering, making sexual gestures, displaying of suggestive objects or pictures, cartoons, posters or other written materials; touching oneself sexually in front of others. Circulating or showing emails or other Internet communications of a sexual nature.
Physical Conduct:
• Touching, assault, impeding or blocking movements.
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EMPLOYER RESPONSIBILITIES
As the employer, you have an obligation to take all reasonable steps to prevent
discrimination and sexual harassment from occurring in the workplace.
How do you do that?
EMPLOYER RESPONSIBILITIES (CONT’D)
Employers must clearly
• Communicate to employees that sexual harassment will not be tolerated, and
• Demonstrate that sexual harassment is not tolerated
EMPLOYER RESPONSIBILITIES (CONT’D)
They can do so by
• Being observant for signs of sexual harassment;
• Having and implementing a lawful and effective program to prevent sexual harassment..
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BE OBSERVANT
DO NOT TOLERATE:
Unwanted jokes, gestures, comments and banter
Remember that each employee is different. What appears to be a harmless joke or innuendo to you
may actually be unwelcome to another.
Don't let outside appearances fool you. Outwardly, an employee may seem accepting of sexual
statements, jokes or innuendoes, but may, in reality, consider them unwelcome and offensive.
WARNING SIGNS OF SEXUAL HARASSMENT
• Refusing to work with, or asking not to work alone with, another employee
• Asking for a transfer or leaving employment for no apparent reason
• Missing work, being tardy, or reduced productivity, for no apparent reason
• Personal arguments between employees or employees and 3rd parties
ADDITIONAL WARNING SIGNS
• An employee suddenly, for no apparent reason, becomes uncommunicative or hard to work with.
• A dating or sexual relationship, or the appearance of a dating or sexual relationship between employees and/or employees and a 3rd party.
• Signs of hostility between employees and/or employees and 3rd parties who were once, or who are now, partners in a dating or sexual relationship.
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SUPERVISORY HARASSMENT
Supervisory harassment is very serious and must be taken seriously by the employer. There are not special rules or exemptions for high-level managers accused of harassment. All of the requirements described in this webinar apply to harassment complaints against the highest levels of management.
Program to Eliminate/Prevent Sexual Harassment in the Workplace
SEXUAL HARASSMENT POLICY
A lawful and effective program for preventing/eliminating sexual harassment must include a sexual harassment policy. This policy must be
• In writing - In California, if 10 percent or more of the workers in a given location speak a language other than English, the policy must be translated into that language(s)
• Circulated to all employees and, in California, to “future” employees
• Signed by all employees (signed acknowledgement))
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POLICY MUST INCLUDE
Definition of sexual harassmentA statement of the employer’s commitment to prohibiting sexual harassment that includes a description of the consequences of engaging in sexual harassment; that reporting is encouraged, that describes the reporting mechanism and that there will be no retaliation for reporting or participating in the investigation of a complaint of sexual harassment; and (In California) A list of all protected groups under the FEHA (see slide 25 above).
POLICY MUST INCLUDE (CONT’D)
Provisions to :
• fully inform employees of their rights
• fully and effectively investigate complaints of sexual harassment;
• take prompt and effective remediation action if harassment is proven.
POLICY MUST INCLUDE (CONT’D)
Employee’s rights:
To not be subjected to sexual harassment in the workplace
To be able to report sexual harassment to someone other than a direct supervisor and without fear of retaliation
To have his/her complaint of sexual harassment promptly and thoroughly investigated
To be informed of the results of the investigation and the action taken
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POLICY MUST INCLUDE (CONT’D)
Investigation requirements:
• Investigation must be immediate, thorough, objective and complete.
• A determination must be made and the results communicated to the complainant, the alleged harasser and, as appropriate, to all others directly concerned.
CHOOSING AN INVESTIGATOR
Identify individual to conduct investigation
• Unbiased: HR person or supervisor who does not work directly with the parties
• May not want to ask your attorney to investigate
SCOPE OF THE INVESTIGATION
• Make conclusions regarding veracity of the complaint
• Determine whether there was a policy violation
• Make recommendations regarding discipline or other corrective action
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WHAT IF THE VICTIM REQUESTS CONFIDENTIALITY?
Employer should take reasonable steps to investigate and respond to the complaint in a manner consistent with a request for confidentiality from an employee.
The Individual charged with investigating the allegations should discuss confidentiality standards.
However, in order to address the conduct, the alleged harasser will likely need to be told the identity of the complainant.
FIRST STEP OF INVESTIGATION
Interview complaining employee
• Complete lists of acts complained of
• Whether isolated incident or pattern
• Demeanor of employee
• Identify witnesses
• Corroborating evidence
• Ask employee what action they would like to see taken
INTERVIEWING WITNESSES
Anyone with information on the matter should be interviewed.
• Consider interviewing witnesses prior to interviewing accused – get a full picture
• Interview witnesses individually
• Maintain confidentiality to extent possible
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INTERVIEWING ACCUSED
• Confront with general allegations
• Note response to allegations
• Give accused opportunity to respond
• Extent and nature of interactions with complainant
• If denial of allegations, ask for facts suggesting motive for fabrication
GATHER ADDITIONAL EVIDENCE
Search for supporting documentation or otherevidence to corroborate allegations.
DOCUMENT DOCUMENTDOCUMENT!
Document each step of the investigation
• If you receive a complaint orally, draft a memo• Draft memos of interviews of each party and
witnesses
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MAKING CONCLUSIONS
Things to consider:
• Credibility of parties and witnesses
• Strength of evidence
• Factual conclusions
• Unresolved factual issues
• Whether violation of company policy occurred
DRAFT REPORT OF FINDINGS
• Factual findings regarding each issue
• Dates of interviews and other steps taken
• Critical information from interviews
• Focus on policy violations
• Actions taken
COMMUNICATE FINDINGS
Communicate Results of Investigation to:
The Complaining party
• The person accused of the harassment
• As appropriate, all others directly concerned
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PROMPT AND EFFECTIVE REMEDIATION
Prompt and effective remediation action includes:
• Appropriate action taken against the harasser.
• Communication of that action to the complainant.
• Steps taken to prevent further harassment.
• Appropriate action to remedy the complainant’s loss, if any.
DOCUMENT DISCIPLINARY ACTION
Document any and all disciplinary action and maintain in employee’s personnel file.
TYPES OF DISCIPLINE
• Apology
• Verbal reprimand
• Written reprimand
• Suspension
• Discharge
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DISCIPLINE
Factors to consider in determining appropriate discipline
• Egregiousness of conduct
• Prior complaints
• Prior discipline
• Prevent behavior from recurring
ALTERNATIVES TO DISCIPLINE
• Re‐circulating policies
• Separate complainant and accused
• Training for accused employee
• Training for all employees
• Employee Assistance Program
OTHER ELEMENTS OF A PROGRAM TO ELIMINATE SEXUAL HARASSMENT:
(In California) Post FEHA signage regarding sexual harassment (DFEH-162)
(In California) Distribute information to employees about sexual harassment—the DFEH pamphlet “Sexual Harassment is Forbidden by Law” (DFEH-185)
Provide sexual harassment training to employees; In California: Provide sexual harassment training to
supervisors
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Learning how to respond to sexual harassment is critically important in
fulfilling your obligation as a supervisor.
WHAT SUPERVISORS NEED TO KNOW
HOW SHOULD YOU RESPOND?
If an employee reports harassment to you, or you observe the harassment, you must immediately report the matter to your supervisor or to Human Resources.
HOW SHOULD YOU NOT RESPOND?
You should not make a finding on whether the complaint rises to the level of sexual harassment.
• You should not assume the situation was a one‐time occurrence and will remedy itself.
• You should not dissuade the individual from following through on the report.
• You should not retaliate or discipline an individual for bringing forth a complaint.
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WHAT IF THE VICTIM REQUESTS CONFIDENTIALITY?
You cannot and should not refrain from reporting to your supervisor or HR a complaint of sexual harassment reported to you because the employee requests confidentiality.
WHAT ABOUT RETALIATION?
Law protects victims, and those who report the alleged harassment, from retaliation.
RETALIATION
Employees have a right to file a complaint of sexual harassment with the EEOC, or the appropriate state or local human rights agency, even if the employer has a program, as described in this webinar, for preventing/eliminating harassment.
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RETALIATION (CONT’D)
It is unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII or, in California, for filing a complaint with, or otherwise participating in investigative activities conducted by the DFEH or the Commission.
RETALIATION (CONT’D)
Employers must take steps to prevent the alleged harasser or any one else from retaliating against the
victim or the person who reported the alleged harassment.
EMPLOYER LIABILITY FOR HARASSMENT
Employers are strictly liable for harassment by their supervisors or agents.
If the harasser is a non-management employee, the employer may avoid liability if the employer takes immediate and appropriate corrective action to stop the harassment once the employer learns about it.
The harasser can be held personally liable for damages.
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EMPLOYER LIABILITY (CONT’D)
In California, if harassment occurs, an employer may be liable even if management was not aware of the harassment.
An employer might avoid liability if the harasser is a non-management employee, the employer had no knowledge of the harassment, and there was a program to prevent harassment.
DAMAGES
A victim may be entitled to monetary damages even though no employment opportunity has been denied and there is
no actual loss of pay or benefits.
Back pay
Punitive Damages
Attorney’s fees
In California: Up to $150,000 in fines and/or damages for emotional distress from each employer or harasser
charged.
NON‐MONETARY REMEDIES:
Reinstatement/promotion
Training and changes in the policies or practices of the involved employer.
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The United States Supreme Court says an employer may avoid liability in certain circumstances if it can
demonstrate two things:
AVOIDING LIABILITY FOR CLAIMS OF SEXUAL HARASSMENT
HOW TO AVOID LIABILITY
It exercised reasonable care to prevent or to promptly correct any sexually harassing behavior in the workplace; and
The employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the
employer or failed to otherwise avoid harm.
Prevention of Abusive Conduct
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PREVENTION OF ABUSIVE CONDUCT
In California, “Abusive Conduct” is defined as the “conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.”
PREVENTION OF ABUSIVE CONDUCT
Abusive conduct may include:
• Repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets;
• Verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliation; or
• The gratuitous sabotage or undermining of a person’s work performance.
PREVENTION OF ABUSIVE CONDUCT
Theory of law: Abusive work environments are a growing epidemic throughout the nation. Such circumstances lead to low morale, reduced productivity, absenteeism, turnover and an increase in medical and workers’ compensation claims.
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SUPERVISORS’ RESPONSIBILITY
Supervisors have an obligation to report abusive conduct of which they become aware, as they would report harassment.
DUTY TO INVESTIGATE
Employers must investigate reports of abusive conduct as they would
investigate claims of harassment..
RECORDKEEPING REQUIREMENTS
Employers must retain all written training materials and copies of the certificates of
attendance. In the case of webinars, employers must also record all questions and
responses or guidance given..
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Sexual Harassment Quiz
TRUE OR FALSE
1. If an employee alleges sexual harassment by a supervisor, the employer is only liable if the victim made a complaint or if the employer should have been aware of the harassment.
2. An employee may establish a claim of sexual harassment if there is no offer of a workplace “benefit” to the employee, such as a raise or promotion.
3. An employee may establish a claim of sexual harassment if there is no adverse action to the employee, such as a demotion or discharge.
4. If an employee notices behavior that he or she believes could be sexual harassment, the employee should verify whether it is actually sexual harassment before making a report, so as not to damage anyone’s reputation with a false report.
TRUE OR FALSE
The following likely constitutes sexual harassment:
A. A supervisor makes a comment that a celebrity’s dress is “sexy” on one occasion, and a subordinate who overhears the comment is so offended that she has to go home from work for the day.
B. A subordinate employee is on a work trip with her supervisor, who tells her that she would be promoted at the company if she wore short skirts and agreed to share a hotel room with him.
C. An employee asks a mutual friend to set him up with a coworker; at work, the coworker asks him to dinner and a concert.
D. An male employee’s female coworker constantly tells their boss that he has a poor attitude and work product,
even though the employee has higher performance
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SCENARIO #1
Sam, a twenty year coach at the high school is known as a loyal and hardworking employee, although he is prone to crude behavior and off-color remarks. This behavior seems to have escalated since his recent divorce. His co-workers include men and women. After the recent end of the year picnic, several women, including teachers and support staff, complained about his offensive behavior during the event.
MULTIPLE CHOICE
A. If Sam’s co-workers did not complain before the picnic, there has been no risk to the school.
B. Sam’s behavior at the picnic should not create risk for the school because it was an off-site social event.
C. Sam’s behavior at the event may cost the school, but only if someone finds it offensive and complains.
D. Sam’s behavior at the picnic may lead to complaints by coworkers, but only if it is severe.
E. None of the above.
E. None of the above.
SCENARIO #2
While in her office, Mary frequently makes personal phone
calls to her friends. Her conversations are loud and often contain sexually explicit language. Her co-workers, who
stop by for office hours, cannot help but overhear her conversations.
• This is considered sexual harassment – true or false?
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SCENARIO #3
A male employee, Paul, and another male employee, Steve, are friendly acquaintances. After Steve goes through a breakup, he wants to socialize more with Paul. Steve is very affectionate and frequently hugs Paul or puts his arm around Paul. As they begin to socialize more, Steve starts calling Paul by pet names and stopping by his office for “man talk,” where he talks about sports or women, often explicitly. Paul doesn’t like being touched at work or the locker room talk.
SCENARIO #4
An employee, Ann, has always had high performance reviews. Another employee, Bob, was hired in the same position but another department. Ann and Bob ended up working many late nights together, and Bob made many sexual comments to Ann about her body and her appearance. Soon Bob began to write lewd comments to her in emails and find excuses to touch her suggestively. Ann’s work performance began to falter, and although she never reported Bob’s behavior, she frequently missed work or found excuses not to be on the same work outings. as Bob. Ann’s supervisor noticed that she was finding reasons not to be around Bob and that her performance was suffering. Ann’s supervisor asked Bob about it, who shrugged and said that Ann must be emotional and “going through PMS.”
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To Receive Your Certificate of Compliance:• Provide the following information pertaining to each individual who participated in
this training program:– Name– Position– Organization– Email address– Mailing address– State where you work
• Forward information to Laura Hart:– [email protected]– 800.807.0100 ext. 3054– Christian Brothers Services
1205 Windham ParkwayRomeoville, IL 60446
For Questions Regarding
Contact:
Recognizing & Preventing Harassment,Discrimination, Abusive Conduct
& Retaliation in the Workplace
Jeff Harrison [email protected]
800.807.0300 x 2543
For the link to the handouts from today’s webinar email:
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To sign up for any of our spring webinars:
cbservices.org/educationalresources.php
© 2016 Christian Brothers Services, Romeoville, IL. All Rights Reserved.No part of this presentation may be reproduced, stored in a retrieval system, or
transmitted by any means without the written permission of Christian Brothers Services.