preventing and addressing workplace harassment final › mo › ...preventing and addressing...
TRANSCRIPT
Preventing and Addressing Workplace HarassmentJune 20, 2018
Objectives
• Discuss the #MeToo movement • Review definitions of harassment and bullying • Discuss proactive steps to reduce the risk of sexual harassment and bullying in the workplace
• Give reasons why it is important to confront and stop harassment and bullying
• Discuss what to do if you receive a sexual harassment or bullying complaint
• Discuss appropriate corrective action scenarios
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EEOC Survey Results• 40% of women experienced specific sexually‐based behaviors, (e.g., unwanted sexual attention or sexual coercion)
• 90% of individuals who experience workplace harassment do not file a complaint
• Reasons for not filing a complaint include concerns over disbelief, inaction, retaliation, or damage to career
EEOC Select Taskforce on the Study of Harassment in the Workplace (2016)
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#MeToo
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#MeToo• Began as a hashtag on social media in October 2017 in the wake of the Weinstein allegations
• The phrase "Me too" had been used more than 200,000 times by October 15, and tweeted more than 500,000 times by October 16
• On Facebook, the hashtag was used by more than 4.7 million people in 12 million posts during its first 24 hours. Facebook reported that 45% of its users in the United States had a friend who had posted using the term
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Harvey Weinstein Is Fired After Sexual Harassment Reports
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Kevin Spacey scandal: A complete list of the 15 accusers
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Matt Lauer Fired By NBC Amid Sexual MisconductAllegations, Savannah Guthrie Announces on Air
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Senator Al Franken Resigning Amid Sexual Harassment Allegations
Time's Up
• Over 300 women in the film industry are now supporting "Time's Up," an initiative aimed at fighting sexual violence and harassment in the workplace through lobbying and providing funding for legal assistance
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Headlines From Corporate America
• “Harassment crisis builds at Fox News – Kisses, innuendo, propositions and fear of reprisals”
• “Uber Fires 20 Employees After Sexual Harassment Claim Investigation”
• “Silicon Valley Women Tell of Venture Capitalists’ Unwanted Advances”
• “Harassment Rate at National Park Service ‘Sobering,’ Leaders Say”
Two Types of Sexual Harassment • Quid Pro Quo Harassment
• Submission to or rejection of unwelcome conduct is linked explicitly or implicitly with a significant employment action
• "Hostile Environment" Harassment• Unwelcome sexual conduct unreasonably interferes with job performance or creates an intimidating, hostile or offensive working environment
Hostile Environment Harassment• Unwelcome conduct• Based on an individual’s membership in a protected class (i.e., sex, race, national origin, age, religion, disability)
• Unreasonably interferes with work performance or creates an intimidating, hostile, or offensive work environment
• Most common form of harassment
Workplace Bullying
• Repeated intentional, malicious, & abusive conduct
• Interferes with a person’s ability to do his/her work
• Substantial enough to cause physical and/or psychological harm and a reasonable person would find hostile or offensive
Difference Between Workplace Bullying and Illegal Discrimination & Harassment
• Workplace bullying is inappropriate and unacceptable behavior, but it is not prohibited by federal or MN state law
• While workplace bullying may result in a hostile work environment, it is not the same illegal hostile work environment created by, for example, the employer allowing racial slurs to go unchecked in the workplace
What is not bullying and harassment?
• Expressing differences of opinion or constructive feedback• Voicing a legitimate concern about an employees conduct• Reasonable management action, including decisions about:
• Job duties and work to be performed• Workloads and deadlines• Layoffs, transfers, promotions, reorganizations• Performance evaluation• Discipline, suspensions, or terminations
Important Facts• Harassment often occurs when there is a disparity of power• Factors to be considered are:
• The frequency of the harassing conduct, • Its severity, • Whether it is physically threatening and humiliating or merely offensive speech, and
• Whether it unreasonably interferes with the employee’s work performance
• What is “offensive” is judged by how you and reasonable persons view it ‐‐ not what the alleged offender intended.
When/Where Can Sexual Harassment Occur?• At work
• Individuals of the opposite sex and same sex• Managers, co‐workers, customers, clients• Third‐party sexual harassment
• Outside the workplace: • Annual meetings• Business trips• Holiday parties• Happy hour
• During or outside business hours
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Harassment Prevention
• Approach should be holistic, including:• Active and engaged leadership• Consistent and demonstrated accountability• Strong, comprehensive policies• Trusted and accessible complaint mechanisms• Regular, interactive, tailored training
Scenario 1
Ann and her supervisor hit it off at the company holiday party. For several weeks thereafter, they regularly slept together. Nobody at work knew, but Ann broke it off after a month. Shortly after she ended the relationship, she was demoted.
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Scenario 2Department supervisors Emily, John and Jim meet every morning before work. Emily dreads going because John and Jim always use vulgar language during the meetings. Although none of the language is directed at Emily and most of it is general, some of the language is gender‐specific, referring to women's bodies and promiscuity. Despite Emily's complaints to them, John and Jim continue to use vulgar language at the meetings.
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Scenario 3
Maggie yells and curses at her co‐worker, Paul, who has a cubicle next to hers. She makes fun of his clothes and the way he walks. She constantly criticizes his work performance in front of others and gossips to other employees about him.
Tone Begins at the Top• From very highest levels in organization• Foster organizational culture promoting respect and civility
• Establish a sense of urgency around prevention• Take visible role in communicating and reinforcing importance of diverse and inclusive workplace, free of harassment
• Commit to ensuring that harassment‐free culture is maintained
Essential Policies• Creating/Maintaining/Distributing Essential Policies
• Prohibiting harassment and identifying prohibited conduct
• Establishing reporting procedure for complaints and prohibiting retaliation
• Establishing a code of conduct
Additional Policies
• Dating policy• Definitely prohibit relationships between managers and subordinates
• Prohibit all dating?• Social media policy
• Prohibit management from “connecting” with subordinates?
Making Effective Use of Policies• Distribute and explain policies at time of hire
• Employee acknowledgment of receipt of personnel file
• Review policies annually to ensure they are current• Distribute and explain new/revised policies
• Employee acknowledgment of receipt of personnel file
• Consider need for translated policies?
Effective Reporting Procedure• Establish multiple avenues to report
• Don’t require employees to first discuss with their managers
• Hotline number and e‐mail address• Allow for anonymity when desired• HR on staff / outsourced agent
• Establish procedure for responding to complaints• Prohibit retaliation
Regular, Ongoing Training
Training for new hires Annual training for all employees – can be in person or web‐based Annual training for managers Maintain documentation of employee participation in training & personnel files
Handling Complaints• Acknowledge receipt• Strive for confidentiality but don’t overpromise• Identify who should handle (e.g., internal or external)• Timeline for response depends on the nature of the
complaint • Not every complaint requires extensive investigation• Ensure review/investigation is moving along at reasonable pace
Triggers of a Harassment Investigation
• An investigation should be commenced whenever a harassment complaint is made• Complaint need not be written or use “magic words”
• An investigation should also be commenced in the absence of a complaint if:• The employer becomes aware of information that creates a reasonable suspicion that harassment has occurred
Why Are Investigations Important?
• Employers have a duty to investigate • Limit the likelihood of lawsuits & damages• Improve employee morale• Prevent public relations nightmares
Key Features of Investigations
• Timeliness• Fairness• Thoroughness
How Not to Respond• Do not retaliate• All discrimination laws strictly prohibit retaliation.• Retaliation occurs when an employer takes a tangible
employment action against an employee because that employee previously engaged in a protected activity.
• What is protected activity?• Complaining about or opposing unlawful discrimination
• Participating in a discrimination or harassment investigation or legal proceeding
How Not to Respond (cont.)
• Be careful how you treat anyone who raises a concern or participates in an investigation to avoid the perception of retaliation:• Be inclusive • Treat them with courtesy, respect and fairness• Provide meaningful assignments• Share information needed to get work done• Evaluate them based on actual performance
Determining Appropriate Level of Discipline
• Corrective action should be prompt and based on the facts discovered during the course of the investigation
• Ensure that the level of discipline imposed will effectively prevent reoccurrence
• More serious, pervasive or repeated offenses require a greater level of discipline
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Types of Corrective Action
• Oral or written warning• Mandatory counseling or training • Demotion• Suspension • Termination• Apology by harasser or bully to complainant
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Scenario 4
Kathy repeatedly asks Dan out and Dan rejects her every time. It to the point where he avoids her at work and it impacts projects they are working on.
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Scenario 5Wendy works in the store room. One of the deliverymen from a local distributing company came in and said, "I am so happy that a woman finally works here." He then began asking very personal sexual questions and has been asking her out. Wendy never says she finds it unwelcome as she avoids conflict and knows he will eventfully leave to finish his route.
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Scenario 6Eric, production line manager, calls Kristi, one of the assembly line workers, “sweetie pie” in a group meeting in front of her co‐workers. Most of her co‐workers are men. He continues, saying that she makes lots of mistakes and is slower than everyone else, but she is “really cute.” He calls her into his office after the meeting and says if she will go out with him, he will give her a desk job and off the assembly line.
Scenario 7Damon, who manages the accounting department, sends mean spirited and condescending e‐mails to his employee, Tim. He blames him for the backlog in the department and often threatens to demote or fire him if the department does not meet its goals. He does not offer ideas or solutions and Tim is one of many who have accountability for department goals.
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