Workplace Harassment Training For Supervisors - Fisher Phillips
Workplace Harassment Training for Supervisors April 24, 2018 Presented by: Timothy H. Scott, Esq. Phone: (504) 529-3834 Email: tscott@fisherphillips.com fisherphillips.com
In the News fisherphillips.com
Why the Time for Smart Employment Practices is NOW 94% of the world’s lawsuits are in the United States Almost 13 lawsuits are filed every minute of every working day Public Relations – Social Media fisherphillips.com 504-529-3834
Why Should You Care? Liability ‒ You (supervisors) may be personally liable ‒ Employer may be liable Unhappy employees are unproductive employees Legal claims will impact business fisherphillips.com 504-529-3834
Nonemployees Liability may even extend to acts either by or against nonemployees ‒ Like who? o Customers/clients o Vendors o Independent Contractors fisherphillips.com 504-529-3834
Remedies Remedies are what the winner may receive in a lawsuit for harassment: 1. 2. 3. 4. 5. 6. fisherphillips.com Lost wages (past and future) Reinstatement Emotional distress Punitive damages Attorneys’ fees Court orders (e.g., transfers, training, etc.) 504-529-3834
Disturbing Trends In the last 10 years Title VII filings have increased by 700% The average jury verdict in a sexual harassment case is nearly 400,000 Employer’s lose in front of juries 70% of the time Supervisors are personally sued in discrimination cases 90% of the time The average punitive damages awarded in employment cases 2.7 Million fisherphillips.com 504-529-3834
What is Unlawful Harassment? fisherphillips.com
Prohibited Harassment Defined What makes harassment unlawful? PROTECTED Conduct based on a category fisherphillips.com 504-529-3834
Protected Categories Race/Color National Origin Ancestry Sex/Gender Sexual Orientation Pregnancy Citizenship Status Marital Status Age Religion Disability Medical Condition Whistleblower Military Service fisherphillips.com 504-529-3834
Hostile Working Environment Most harassment cases involve claims of hostile working environment, which is: Unwelcome behavior; Offensive to the reasonable man or woman; Severe or pervasive; and Alters working conditions to create an abusive working environment fisherphillips.com 504-529-3834
Hostile Working Environment Due to the challenges associated with disproving harassment claims, most employers have a zero tolerance policy fisherphillips.com 504-529-3834
Hostile Working Environment A or B? Having a zero tolerance policy means the employer has a policy that: A. Tolerates no unlawful harassment or B. Tolerates no conduct that might be construed as unlawful harassment fisherphillips.com 504-529-3834
Four Categories of Harassing Behavior The law puts harassing behavior into four categories: Verbal harassment Physical harassment Visual harassment Sexual favors fisherphillips.com 504-529-3834
Verbal Harassment Examples of verbal sexual harassment? 1. Intimate nicknames, “son,” “sweetie” 2. Dirty or off-color jokes 3. Discussing sexual topics 4. Flirting / sexual advances 5. Boasting of sexual conquests 6. Intimate questions regarding sex life fisherphillips.com 7. Excessive compliments 8. Sexual innuendo 9. Whistling, cat-calls, etc. 10. Sexual profanity 11. Harassing voicemails 12. Repeated advances 504-529-3834
Verbal Harassment Examples of verbal harassment based on other protected categories? 1. 2. 3. 4. Slurs and insults Ethnic jokes Name calling Mocking cultural behavior fisherphillips.com 5. Criticizing political beliefs 6. Threatening comments 7. Derogatory references 504-529-3834
Visual Harassment Examples of physical sexual harassment? 1. Hugging and kissing 2. Touching hair, body, or clothing 3. Massaging fisherphillips.com 4. Leaning over, cornering, slapping, pinching, or punching someone 5. Exposing oneself 504-529-3834
Visual Harassment Examples of visual sexual harassment? 1. Posters, pin-ups, calendars, etc. 2. Magazines 3. Emails 4. Websites fisherphillips.com 5. Screensavers 6. Obscene gestures 7. Elevator eyes 504-529-3834
Sexual Favors Also known as quid pro quo sexual harassment What does quid pro quo mean? This That for fisherphillips.com 504-529-3834
Fraternization – Is it okay? Supervisors – cannot date subordinate employees ‒ If something develops, let the Human Resources Manager know. Coworkers – relationships are generally okay provided that they do not disrupt work environment. Key – Consent ‒ Awareness ‒ “Love” Contracts fisherphillips.com 504-529-3834
Responding to Complaints and Correcting Harassment fisherphillips.com
Responding to Complaints Even when an employee requests no action, the employer must respond Even when there is no “formal complaint,” the employer must investigate Even when an employee makes “offthe-record” reports, the employer must respond Just witnessing the conduct is enough to require a response by the employer fisherphillips.com 504-529-3834
Responding to Complaints Investigations of complaints vary, but they tend to include the following: Document the Complaint Consider possible leave(s) of absence Document accounts of witnesses Get the alleged harasser’s story Take action to prevent future conduct Communicate action taken fisherphillips.com 504-529-3834
Responding to Complaints Do Not Do Any of the Following: Conduct an investigation without guidance Instruct complainant to “work it out” with the harasser Promise complete confidentiality Dismiss a complaint without looking into it Tell the complainant to consult a lawyer or the government Dissuade a complainant from coming forward Suggest any form of retaliation fisherphillips.com 504-529-3834
Supervisor Training: Responding to Harassment If you become aware of the questionable behavior and even if there is no complaint you: fisherphillips.com Must take immediate and corrective action Inform the Human Resources Manager or the Director of Operations at (985) 220-1410 Document action taken Communicate action taken to the affected employee, explain what he or she should do if the problem should occur Advise employees of their rights to use the EEO complaint process 504-529-3834
Cost to the Organization The need for employees to be “off the job” Investigation of the sexual harassment complaint Depositions Trial Low productivity due to diversion of focus Negative impact on other managers, employees, and witnesses Adverse publicity about the organization fisherphillips.com 504-529-3834
Retaliation fisherphillips.com
Retaliation Retaliation is forbidden by law ‒ An employee who reports harassment or discrimination may not be retaliated against in any fashion ‒ An employee may not be questioned or criticized for bypassing the “chain of command” when reporting harassment fisherphillips.com 504-529-3834
Examples of Retaliation Termination Selective discipline Assignment of less favorable work Failing to award a deserved promotion Layoff out of order Ostracism or shunning fisherphillips.com 504-529-3834
Watch Your Conduct Review and understand Employee Handbook Always use good judgment. Ask yourself: Would I do or say this if: o My spouse, child or parents were present or would find out about it? o I were being recorded? o A minority employee were present? If the answer is NO, then don’t say or do it! fisherphillips.com 504-529-3834
Final Questions Presented by: Timothy H. Scott, Esq. Phone: (504) 529-3834 Email: tscott@fisherphillips.com fisherphillips.com 504-529-3834
Verbal Harassment Examples of verbal sexual harassment? 1. Intimate nicknames, "son," "sweetie" 2. Dirty or off-color jokes 3. Discussing sexual topics 4. Flirting / sexual advances 5. Boasting of sexual conquests 6. Intimate questions regarding sex life 7. Excessive compliments 8. Sexual innuendo 9. Whistling, cat-calls, etc. 10 .
Labrador's Harassment-Free Workplace Policy will be followed. An individual seeking to resolve issues of harassment or violence in the workplace should contact the Harassment-Free Workplace Manager (1.888-729-7690 or 729-2497) or complete a harassment complaint form and forward it to the Harassment-Free Workplace Division.
This training was developed in response to the Governor’s Executive Order. Its purpose is to help supervisors and managers build and maintain respectful and harassment-free work environments. Training is vital for supervisors and managers because they represent the first line of defense in preventing sexual harassment in the workplace.
2019 Group Harassment Training 4 fisherphillips.com SB 1343 (New!) - Sexual Harassment Prevention Training "AB 1825" training previously required employers with 50 or more employees to provide sexual harassment prevention training for supervisors. SB 1343 now expands this to smaller employers of five or more employees and requires
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Employee-Level Harassment Prevention Training Kit Contents 1. Employee HPT SB1343 PPT 2. DFEH Sexual Harassment Handout 3. DFEH Workplace Discrimination Poster / Handout 4. DFEH Transgender Poster / Handout 5. Harassment Prevention Training Roster, Quiz and Certificate 6. Harassment Prevention Training Quiz Answer Key 7. DFEH Sample EEO Policy 8.
USCG SHP: Sexual Harassment Prevention 1 Introduction to Sexual Harassment Prevention Sexual harassment can create a hostile workplace, which, in turn, keeps us from performing at our best. Your fellow Coast Guard members and others where you work may need your help in preventing and responding to sexual harassment.
2 UNESCAP – Prevention of workplace harassment, sexual harassment and abuse of authority HRMS/SDTU July 2006 Please complete the training programme at your earliest convenienceand submit either a copy of the printed certificate to HRMS/SDTU or send a pdf-copy to raabe@un.org, so that we can add it to your official status file.
recognize common examples of harassment and abusive conduct in the workplace. 2. Describe w ho harassment and abusive conduct affects workers. 3. Identify trategies of s the employer, supervisors, and co-workers in preventing and addressing wrongful conduct. 4. Describe ptions for workers experiencing o sexual harassment or abusive conduct at work.
