Health Services Department

Harassment Prevention

Training

Concerning Sexual and Other Types of

Harassment

What is

Harassment?

Write your ideas

See p. 5

04/19/2023 3

Harassment Is…

.

Page 5

Employment discrimination, and becomes evident when:

the conduct has unreasonably interfered with another employee’s job performance through violation of their

‘protected’ rights.

Harassment is unwelcome conduct that violates an individual’s protected rights in the workplace.

04/19/2023 4

Lack of Respect - unacceptable:

…harassment and discrimination of any kind indicates lack of respect towards anyone with whom we come in contact during the course of our employment activities.

This behavior is unacceptable in our work environment.

p. 6 - bottom

04/19/2023 5

Objectives p. 7

Understand:1. County policies, State and Federal

laws concerning workplace harassment;

2. Our protected rights in the workplace;

3. Your responsibilities to prevent harassment and discrimination;

4. Steps to take if you believe you are being harassed and/or discriminated against.

04/19/2023 6

Are we protected from

harassing behaviors & activities?

Health Services employees are protected under:

County policies and procedures

State laws &

regulations

Federal laws & EEOC regulations

P. 9

Health Services employees are protected by:

County policies and procedures

p. 10

04/19/2023 9

County Anti Harassment Policies

p. 10

County employees are entitled to and will be provided with, a workplace environment which is free from harassment.

Ref: Notice of County Non-Discrimination and Anti-Harassment Policies

04/19/2023 10

County Anti Harassment Policies

p. 10

All employees are individually responsible for conducting themselves in ways that others are able to work in an atmosphere free of discrimination, harassment or intimidation.

Ref: Notice of County Non-Discrimination and Anti-Harassment Policies

04/19/2023 11

Contra Costa County and the Health Services Department is

committed to

Maintaining a work, service and program environment free of discrimination, harassment or intimidation.

Ensuring county employees promote a positive work environment.

Ref: Notice of County Non-Discrimination and Anti-Harassment Policies

p. 10

04/19/2023 12

You have the right to work in an environment that is:

Free of Retaliation for:

Reporting discrimination or harassment, and/or

Participating in an investigation of a discrimination claim.

Ref: County Non-Discrimination and Anti-Harassment Policies/ State of California

Ref: Burlington Northern Santa Fe Railway v. White, 05-259

p. 10

04/19/2023 13

The County policy includes protection for

All Sexual Orientations

Heterosexual, Homosexual (lesbian, gay), Transgender & Bi-sexual

Protections embedded in state law

p. 10

State laws &

regulations

Health Services employees are also protected by:

p. 11

04/19/2023 15

Fair Employment & Housing Act

California state legislation providing protection in our workplace

See protections listed on page 11

04/19/2023 16

California Fair Employment and Housing Act p.11

Defines harassment because of sex as:

Sexual harassment, or Gender based harassment, or Harassment based on

pregnancy, childbirth, or related medical conditions.

04/19/2023 17

California Fair Employment and Housing Regulations

p. 12

Define sexual harassment as: Unwanted sexual advances,

Visual conduct: displaying sexually suggestive objects,

Verbal sexual advances Verbal abuse of a sexual nature Physical conduct – touching, blocking Making…retaliatory action after

negative response to sexual advances.

04/19/2023 18

It is up to youP. 12

To clearly state when behaviors are unwelcome.

Request that your harasser stop,

Supervisor to ensure the behaviors are stopped.

Federal laws & EEOC

regulations

Health Services employees are also protected by:

p. 13

04/19/2023 20

Federal Civil Rights Act of 1964

Title VII p. 13

Prohibits employment discrimination due to an

employee’s protected class of:

Race, Color, Religion, Sex, National Origin, Age (40+),

Disability or Genetic Information

The Genetic Information Nondiscrimination Act of 2008 (GINA)

Not legal to discriminate against employees or applicants because of genetic information.

Genetic information includes information about individual's (or family member’s) genetic tests about any disease, disorder or condition.

04/19/2023 21

Effective: November 21, 2009.

04/19/2023 22

How does it all fit

together?

National Origin

Patient/Client

Policies, MOU’s

Procedures&

Laws

Job Description & Specs.

Standards Of

Practice

Age

Sexual Orientation

Gender

RaceReligion

Marital Status

Work Environment - Key Federal, California, & County Harassment/ Discrimination Protections

Color

Sex

Ancestry

Medical Condition

Denial FMLA (if eligible)

Religion &

Creed

Disability

FederalState & County

p. 15

Genetic Info

04/19/2023 24

EEOC Guidelines for Title VII

Harassment is any practice that targets an individual’s protected rights and:

Negatively affects his/her work performance, or

Undermines his/her sense of personal dignity.

Affects their continued employment status

p. 17

04/19/2023 25

Two types of workplace harassment

1. Quid Pro Quo – Sexual Harassment

2. Hostile Environment Harassment

04/19/2023 26

Quid Pro Quo p.

18

1. Latin term meaning ‘an exchange’.

In the workplace the exchange is between employees…

Individual suffers a job detriment for refusing …a sexual advance

04/19/2023 27

Job Detriments include

Not receiving: Employment or contract

work Promotion Bonus (merit) payments

p. 18

04/19/2023 28

Job Detriments also include

Being reassigned with significant changes in status;

A decision causing significant changes in benefits.

Because of refusing sexual advances.Discuss: Burlington Northern Santa Fe

Railway v. White, 05-259

p. 18

04/19/2023 29

Who Harasses Whom?P. 19

Sexual harassment may occur in a variety of circumstances:

From a person in ‘power’ … a supervisor

Peer to peer harassment, Subordinate harassment of a

supervisor, Men can be sexually harassed by

women, Same sex harassment .

Conclusion: Offenders can be supervisors, co-

workers, or non-employees.

04/19/2023 30

Hostile Environment Harassment

Unwelcome conduct creating an uncomfortable work environment for some employees.

p. 21

04/19/2023 31

Unwelcome Behavior Identifier

Unwelcome Behavior identifiers:• Would a member of a protected class

consider the harassment hostile & offensive?

p. 21

Factors considered:1. Frequency & 2. Severity of the harassing conduct

04/19/2023 32

3. Whether harassing conduct is: • Physically threatening or

humiliating.

• Unwelcome • Unreasonably interferes with an

employee’s work performance or alters other condition of employment

p. 21

Unwelcome Behavior Identifier

04/19/2023 33

Unwelcome Behavior Explained

p. 22

Hostile environment harassment may be directed specifically at an employee, a group of employees;

Or - WitnessesAn employee(s) …may be subjected to harassment due to witnessing it

04/19/2023 34

Hostile Environment Harassment

Includes:

Sexually explicit talk or emails, Sexually provocative images, Comments on physical

attributes or Unwelcome - inappropriate

touching.

p. 22

04/19/2023 35

Workplace Harassment includes

Posting material that belittles, shows hostility because of protected characteristics on Health Services’ or County premises,

or Circulating this type of material in the workplace by oral, written, electronic or graphic means.

p. 22

04/19/2023 36

Reasonable Person Standard

‘the harassment must be so severe or pervasive that it creates an abusive work environment that a reasonable victim ( someone in a protected class) would also find the environment to be abusive.’

p. 23

04/19/2023 37

How to determine if it is Harassment

Investigators look at the entire record: including the nature of the conduct, and the context in which the alleged incidents occurred.

p. 23

04/19/2023 38

Discussion p. 25 & 26

Harassment You Decide

04/19/2023 39

El Hakem v. BJY Electronics

Mamdouh

Manny

el Hakem

Hank

• Unsolicited nick name violated protected rights of race & national origin

= $60,000 in Title VII violations

p. 26

04/19/2023 40

Intent vs. Impact p. 27

Value skills & talents of team Imagine how other people

feel Think before acting or joking

‘I didn’t mean anything by it’ is not a valid defense of harassing behavior.

V

I

T

04/19/2023 41

Unwelcome Behavior

Unwelcome behavior is: Not Welcome Not Solicited, and Not WantedBy the offended person

p. 27

04/19/2023 42

Our Clients/Patients/Suppliers

Employees who deal directly with patients, the public or with personnel from other organizations:

Must always ensure that their own behavior is acceptable.

Are strongly encouraged to report incidents of unwelcome behavior by others.

p. 28

04/19/2023 43

Steps to take if you believe you

are being harassed:

p. 29

Employees who object to unwelcome behavior

should: Tell the person to stop:

Either in person, or In writing

Immediately

And

Employees who object to unwelcome behavior

should:1. Report the situation to

their supervisor or

2. Their supervisor’s supervisor,

And

3. Call Health Services Personnel at: (925) 957 - 5240

As soon as possible

04/19/2023 46

Complaint Processes

Complaint must be in writing and describe the behavior(s) and the person(s) involved.

See Toolkit in Appendix pp. 48 - 49 for :Key questions to help get organized, and the

Health Services complaint form.

04/19/2023 47

.

Yes - to the: County Affirmative Action

Office

The Merit Board

Union can support members at any stage

Can the employee appeal the HSD

results?p. 30

04/19/2023 48

What happens if they cannot resolve complaint within the

County?

Written complaints can also be sent to the:

California Department of Fair Employment & Housing, within 1 year

and/or Federal Government’s Equal

Employment Opportunity Commission

Within 180 - 300 days of incident

04/19/2023 49

Conclusion

04/19/2023 50

Rarely will a person harass or discriminate against someone

they value… either accidentally or deliberately.

Its All A Matter of Respect

p. 32

04/19/2023 51

Demonstrating consideration and

respect

Towards all those with whom we come in contact …Will create and maintain an environment that does not accept sexual and other types of workplace discrimination or harassment.