HARASSMENT 2014

Laws & Case History

Sexual Harassment is

Types of Harassment

Importance of Training

Who’sInvolved

Foundation Policy

Your Responsibilities

Harassment Basics

More Facts

The Importance of Harassment and Sexual Harassment Prevention Training

Harassment and Sexual Harassment undermines the employment relationship by creating an intimidating, hostile, or offensive work environment.

The Foundation does not tolerate any such conduct. Employees who violate this policy are subject to immediate and appropriate discipline, up to and including termination.

Harassment Basics

What is Harassment?Harassment is a form of unlawful discrimination that includes all types of physical or verbal conduct that shows hostility toward a person because of that person’s:

Sex;Color;Race;Religion;National origin;Age;Disability; orAny other “legally protected status”

Harassment Basics

A “legally protected status” is a personal characteristic (such as sex, race, etc.) that may not be used as a basis for any employment decision or other negative treatment in the workplace.

Harassment is prohibited whether it occurs in person, in writing, by telephone, e-mail, via the Internet, or through any other means of communication. Harassment can be physical, verbal or visual.

Harassment BasicsVerbal HarassmentExamples of prohibited verbal harassment include, but are not limited to:

Unwelcome comments; Jokes; Epithets; Threats; Insults; Name-calling; Negative stereotyping; and Any other words or conduct that demean, stigmatize,

intimidate, or single out a person because of his/her sex, race, color, religion, national origin, age disability, or other legally protected status.

Harassment BasicsPhysical/Visual HarassmentExamples of prohibited physical/visual harassment include, but are not limited to:

Unwelcome physical contact; Invading one’s physical space; Damaging one’s personal property; Offensive gestures; Possession or display of derogatory pictures or other

graphic materials; and Any other offensive or demeaning act directed at

someone because of his/her sex, race, color, religion, national origin, age disability, or other legally protected status.

The Rules: Laws and Case History

Title VII of the Civil Rights Act generally prohibits employers with 15 or more employees from discrimination in employment based on race, color, religion, sex, or national origin.

Courts have interpreted sexual harassment as a form of sex discrimination that is prohibited by Title VII.

The EEOC defines sexual harassment as sexual conduct that is unwelcome, harmful, and illegal.

Sexual Harassment is:

Unwelcome sexual advances. Requests for sexual favors. Other verbal or physical conduct of a sexual nature

that affects an individuals’ performance, unreasonably interferes with his/her work performance, or creates an intimidating, hostile or offensive work environment.

Types of Sexual Harassment Quid Pro Quo (Latin for “this for that” or “something for

something”)1. Has a tangible employment action against the victim.2. Involves monetary loss or change in job.

Hostile Work Environment1. Speech or conduct that is severe and/or pervasive

enough to create an abusive or hostile work environment

2. In addition to speech and/or conduct, covers explicit or suggestive items displayed in the workplace that interfere with job performance or that create an abusive or hostile work environment.

Who’s involved?

Those who commit: Employees at all levels; customers; members of the same sex.

Those who are targeted: Victims; Bystanders and; In some cases, witnesses who are affected by the

harassment.

More Facts The “Overly Sensitive” Victim

People have different values and standards, and some may be offended by behavior you think is proper. Always remember that your actions will affect different people differently. What one person might find humorous or harmless may be extremely offensive to another. If a coworker expresses discomfort with something you have said or done, never conclude that he/she is being overly sensitive. Apologize for your actions and immediately stop the behavior.

More Facts Harassment Away From WorkYour company’s prohibition against harassment applies to all activities and interactions related in any way to your employment, including but not limited to company-sponsored social events, holiday parties, training courses, business trips, etc., as well as all non-company events that could affect your relationship at work. Your interactions outside the office can have a direct effect on your comfort at work. Inappropriate behavior away from work can carry over into the working environment by making someone feel uncomfortable, upset or distracted from his/her job. You are expected to treat your coworkers appropriately and with respect regardless of whether you are at work, at an off-premises event related to work, or at a non-company event with coworkers.

More Facts E-mail/InternetThe company’s no-harassment policy applies to all e-mail and Internet activity conducted at work (including communications sent to and from work) and/or involving company-provided property. It is against company policy to access, download, view or sent inappropriate text or graphics in the workplace or using any company-provided property. Employees are also prohibited from forwarding, sending or sharing inappropriate electronic communications with other members of the workforce. Electronic communications sent to, from or within the workplace are never private. E-mail and Internet usage at work may be monitored at any time.

What’s the Foundation’s Policy? Harassment has no place at work. It is against our policy

and a violation of the law. It must be avoided and will not be tolerated by this Foundation. Any harassment, whether based on race, color, religion, sex, national origin, age (over 40), disability as defined by law, or any other class protected by law is prohibited.

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other offensive conduct that is either sexual in nature or directed at someone because of his or her gender. Sexual harassment undermines the employment relationship by creating an intimidating, hostile, or offensive work environment.

Foundation Policy (cont.) Harassment, whether sexual or based on the other

protected classes listed above, may take many forms including but not limited to:

Verbal Conduct - such as epithets, derogatory jokes or comments, name calling, innuendos, demeaning slurs, or unwanted sexual advances;

Visual Conduct - such as leering, derogatory and/or sexually-oriented posters, photography, cartoons, drawings, graffiti, electronic mail, or gestures;

Physical Conduct - such as assault, offensive touching, blocking of normal movement, or interfering with work; or

Threats or Demands - to submit to sexual requests as a condition of continued employment benefits.

Foundation Policy (cont.)

The Foundation does not tolerate any such conduct. Employees who violate this policy are subject to immediate and appropriate discipline, up to and including termination.

If you observe such conduct, or believe it has happened to you, tell the harasser the behavior is offensive and that you want it to stop. If you are unable to confront the harasser or are unsuccessful in convincing him or her to stop, immediately report the incident to management. Management will initiate a prompt, thorough investigation and will take remedial action, as appropriate.

Foundation Policy (cont.)

We encourage employees to report incidents directly to their immediate supervisor, but any employee who is concerned or apprehensive may instead report any incident to the Human Resources Manager or CEO.

Reports of alleged harassment are treated as discreetly and confidentially as possible. No employee is retaliated against for lodging a complaint with management under this policy. Any employee who believes he or she is being subjected to retaliation should promptly report this to one of the individuals listed above.

Your Responsibilities

Know and comply with our policy and procedure Report incidents that you experience directly or

witness Cooperate with investigations Support victims