HARASSMENT IN THE WORKPLACE

Demetria R. Johnson, MHRM, CPPSeptember 2010

I. The law against harassment

II. Harassment in the workplace

III. Form of harassment

IV. Harassment defined

V. Reporting harassment

VI. Q&A

Training Agenda

It is illegal to harass an employee because of race, color, religion, sex (including pregnancy), national origin, age, disability or genetic information

Harassment can take the form of slurs, graffiti, offensive or derogatory comments, or other verbal or physical conduct. Sexual harassment (including unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature) is also unlawful. Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, this type of behavior can create an offensive work environment, which can be classified as harassment if other circumstances support the victims statement.

Harassment is illegal if it is so frequent or severe that it creates a hostile or offensive work environment or if it results in an adverse employment decision…

~ U.S. Equal Employment Opportunity Commission

The Law

Takes on many forms

Jokes and derogatory comments, pictures,

physical, and/or unfavorable treatment

The Employer & Employee (harasser) are liable

Creates a hostile or offensive work environment

Creating a Culture for an Harassment Free

workplace

Harassment in the Workplace

AgeDisabilityNational OriginRace & ColorReligionPregnancySexSexual Harassment

Form of Harassment

Who do you believe can subject an employee to harassment?

Harassment

Any employee/Or agent of the Company

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Is harassment limited to the workplace?

NO

Harassment outside of the workplace may also be illegal if there is a link with the workplace. For example, if a supervisor harasses an employee while driving the employee to a meeting

Harassment

Sexual Harassment• Unwelcomed sexual advances

• Request for sexual favors

• Verbal or physical harassment of

sexual nature

• Threatening or subjecting sexual

favors as part of ones job or work

assignments

Sex based harassment and discrimination can occur with

• Job assignments

• Promotions

• Training

• Hiring

• Lay-offs

• Or other negative employment practice

As a result of someone's sex/gender or association with a particular sex/gender

Sex Harassment

As an extension to sex and sexual harassment, Pregnancy harassment can take place in the form of

• Jokes and comments

• Job assignments

• Training, and

• Employment

Pregnancy harassment is also considered to be discriminatory

Pregnancy Harassment

Harassing a person or treating them different because of their

• Religious beliefs

• Married to someone of a certain religious belief

• Religious practice or religious dress/grooming

Is harassment and discriminatory

Harassment occurs when someone makes jokes or derogatory comments about a person’s religious beliefs

Religion Harassment

Harassment in this form can occur when a person is harassed because

• They are from another country

• Their ethnicity, or

• They appear to be from a certain ethnic background

• The appear to be from another country

National Origin/Race/Color

Employees with disabilities can be victims of harassment, if harassed as a result of

• A Disability

• A Prior disability, or

• Is believed to have a physical or mental impairment

Disability Harassment

Age related harassment includes offensive remarks about a person’s age

• Age harassment can also be interpreted as discrimination

• This form of harassment and/or discrimination is protected by ADEA

The federal protection covers individuals over the age of 40; however younger employee can become victims of age harassment and/or discrimination

Age Harassment

Reporting Harassment

There are a number of way

to handle/report incidents

of harassment:

• Informal process – address

the individual

• Bring the issue to your

immediate supervisor’s

attention

• Formal Complaint Process –

notify Human Resources

If you believe you have been a victim of harassment you should:

• Immediately write down the date and time of incident, the individuals involved and what took place.

• If you’re comfortable - talk to the individual(s) and express your concerns regarding their behavior

• Report the incident to your immediate supervisor

• If the complaint is not resolved and harassment continues or worsens the incident(s) must be reported to Human Resources

The formal complaint process is more extensive and may involve a broad investigation process to include possible legal action/involvement with the

parties involved

Reporting Harassment

Any QuestionsQuestionsQuestionsQuestions

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