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Copyright 2007 Success Skills Coaching, LLC 1 Copyright 2008 John Baumann All Rights Reserved. Proactive Prevention Harassment Elimination O perations Risk Management Human Resources Officers Supervisors Safety Employees Law

Webinar Harassment

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Harassment is a Workplace Culture. This is the problem and contains the Solution.

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Page 1: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC1

Copyright 2008 John Baumann All Rights Reserved.

Proactive Prevention

Harassment Elimination

Operations Risk Management

Human Resources

Officers

Supervisors

Safety

Employees

Law

Page 2: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC2

Copyright 2008 John Baumann All Rights Reserved.

Company Growth• 1996: 6 plants - 100 salary – 600 hourly• 2009: 15 plants – 300 salary – 1,200 hourly

in or near Detroit (2), Gary, Cleveland, Indianapolis, Louisville (2), Cincinnati, Dayton, Nashville (2), Decatur, Jackson, Raleigh, and Charlotte

• A Diverse Workforce – various religions, races, and national origins – women working on the plant floor

• Also 5 plants in Mexico and 3 in Canada

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Page 3: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC3

Copyright 2008 John Baumann All Rights Reserved.

Employment-related Lawsuits

• 1994 – 1998: 6 plants - 8 lawsuits filed (2 per year)1999 – 2009: 15 plants - ? lawsuits filed

ZERO ZILTCH NONE

SAVINGS: Typical settlement - $60K to 100KTypical defense attorney fees - $60K to

$100KTOTAL SAVINGS: Assuming 2 suits/yr. over 10 years

$2,400,000 to $4,000,000 SAVED

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Page 4: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC4

Copyright 2008 John Baumann All Rights Reserved.

Examples of Non-Value Added Effort

Employment Related Lawsuits/ EEOC Charges

Fight and Win all lawsuits to chill bogus claims from being asserted

Settle (with confidentiality agreements)

Proactive Harassment Prevention Program – What is it? Why?

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Page 5: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC5

Copyright 2008 John Baumann All Rights Reserved.

Discriminatory Harassment Prevention Program• Phase I - Reword policy to

clearly, concisely and in plain wording address

• Phase II - Train all managers and supervisors in the policy

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Page 6: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC6

Copyright 2008 John Baumann All Rights Reserved.

EEO POLICY:

The Company has a policy of hiring and promoting individuals who best meet the requirements of available positions and who have the best potential for advancement. It is our policy to provide Equal Employment Opportunity in full compliance with the law.

In keeping with this policy, applicants for employment are recruited, hired, selected for training, transferred, promoted, laid off, demoted and discharged without regard to their race, color, religion, gender (sex), national origin, age, disability or veteran status.

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Page 7: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC7

Copyright 2008 John Baumann All Rights Reserved.

Anti-harassment Policy: While it is not easy to define precisely what discriminatory harassment is, it includes any conduct which (a) is based on an individual’s race, color, religion, gender (sex), national origin, age, disability, or veteran status and (b) has the effect of (i) interfering with an individual’s work performance or (ii) creating a hostile work environment.

Examples include (a) repeated verbal abuse, (b) written material that shows hostility towards an individual or (c) inappropriate jokes or slurs.

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Page 8: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC8

Copyright 2008 John Baumann All Rights Reserved.

Anti-harassment Policy:

Sexual harassment is one form of discriminatory harassment. It is not an occasional compliment of a socially acceptable nature. Sexual harassment is unsolicited or unwelcome sexual overtures or conduct, either verbal or physical.

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Page 9: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC9

Copyright 2008 John Baumann All Rights Reserved.

Company Commitment:

Any employee found to have engaged in unlawful discrimination or discriminatory harassment, including sexual harassment, will be subject to disciplinary action, up to and including, immediate termination.

It is the policy of this Company (1) to take any allegations of unlawful discrimination and discriminatory harassment seriously and (2) to investigate and (3) respond to any proof of misconduct (4) with appropriate remedial or disciplinary action.

The Company will take steps to protect employees filing complaints or assisting in the investigation from intimidation and retaliation.

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Page 10: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC10

Copyright 2008 John Baumann All Rights Reserved.

REPORTING PROCEDURE:

• EMPLOYEES SHOULD REPORT ANY CONDUCT WHICH VIOLATES THIS POLICY TO LOCAL MANAGEMENT AND ANY LOCAL HUMAN RESOURCES PERSONNEL.

• IF A SATISFACTORY RESPONSE HAS NOT BEEN RECEIVED WITHIN TWO WORKDAYS OF THE COMPLAINT, IMMEDIATELY CONTACT HUMAN RESOURCES AND THE CODE COMPLIANCE OFFICER AT 1-800-___-____.

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Page 11: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC11

Copyright 2008 John Baumann All Rights Reserved.

Discriminatory Harassment Prevention Program

• Phase III - Address the employees directly

• Phase IV - Train the supervisors to communicate the policy with a checklist

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Page 12: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC12

Copyright 2008 John Baumann All Rights Reserved.

SUPERVISOR COMMUNICATION OFANTI-DISCRIMINATION/HARASSMENT POLICY

CHECKLIST

1. I provided a copy of the policy to each employee.

2. I read the statement of the Company’s EEO policy.

3. Examples of discriminatory harassment were discussed. Sexual harassment was discussed.

4. I informed all employees that any employee found to have engaged in discrimination/harassment will be subject to disciplinary action

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Page 13: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC13

Copyright 2008 John Baumann All Rights Reserved.

SUPERVISOR COMMUNICATION OFANTI-DISCRIMINATION/HARASSMENT POLICY

CHECKLIST

6. I informed each employee that the Company will take steps to protect employees filing complaints or assisting in the investigation

7. I read aloud to each employee the last Paragraph in ALL CAPS

8. I asked if anyone had any questions and wrote down all questions in order to provide a response after talking to HR and Legal.

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Page 14: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC14

Copyright 2008 John Baumann All Rights Reserved.

Discriminatory Harassment Prevention Program

• Phase V - Train supervisors how to handle complaints - guidelines

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Page 15: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC15

Copyright 2008 John Baumann All Rights Reserved.

CONFIDENTIAL GUIDELINES FOR COMPLAINT OF DISCRIMINATION

OR HARASSMENT • Put the complaining employee in an

secure location and have that person write out a detailed statement.

• Ask your follow-up questions (who, where, when, how, who saw, why, etc.). Have him/her add to their statement.

• Provide a copy of the anti-discrimination/ anti-discriminatory harassment policy.

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Page 16: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC16

Copyright 2008 John Baumann All Rights Reserved.

CONFIDENTIAL GUIDELINES FOR COMPLAINT OF DISCRIMINATION OR

HARASSMENT • Put witnesses identified in an empty room, one at

a time, and instruct the identified witness to write out a detailed statement after you provide a brief description of the situation.

• Ask your follow-up questions. Have them add to their statement.

• Provide to each a copy of the anti-discrimination/ anti-discriminatory harassment policy.

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Page 17: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC17

Copyright 2008 John Baumann All Rights Reserved.

CONFIDENTIAL GUIDELINES FOR COMPLAINT OF DISCRIMINATION

OR HARASSMENT • Put accused in an empty room and instruct

him/her to write out a detailed statement after you state, “we have heard that the following occurred: ______________________, and we want your side of the story.”

• Ask your follow-up questions. Have the accused add to their statement.

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Page 18: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC18

Copyright 2008 John Baumann All Rights Reserved.

CONFIDENTIAL GUIDELINES FOR COMPLAINT OF DISCRIMINATION

OR HARASSMENT

• Provide a copy of the anti-discrimination/ anti-discriminatory harassment policy to the accused.

• Go over the policy including the retaliation prohibition.

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Page 19: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC19

Copyright 2008 John Baumann All Rights Reserved.

CONFIDENTIAL GUIDELINES FOR COMPLAINT OF DISCRIMINATION

OR HARASSMENT

• If there is some indication that the complaint is proper, suspend the accused immediately pending further investigation.

• Ask the accused to immediately leave and ask him/her to call to make an appointment with the Manager the next day.

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Page 20: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC20

Copyright 2008 John Baumann All Rights Reserved.

Discriminatory Harassment Prevention Program

• Phase VI - Convince the supervisors that it is in their best interest to address before anyone complains

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Page 21: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC21

Copyright 2008 John Baumann All Rights Reserved.

PHASE VI: TOP 10 REASONS WHY IT IS IN YOUR BEST INTEREST TO INTERVENE

EARLY10. You have to – it is your job to do so – you could

be disciplined if you don’t. 11. When you do so – it will positively affect your

performance review.8. You (the Company) made a commitment to do

so in the policy.7. Lowers conversion costs – litigation is very

expensive – wastes resources.6. Being proactive prevents issues from

festering – saves you from later hassles.

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Page 22: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC22

Copyright 2008 John Baumann All Rights Reserved.

TOP 10 REASONS WHY IT IS IN YOUR BEST INTEREST TO INTERVENE EARLY

5. Consistent (proactive) responses help defeat game players.

4. You never want to testify in court as a witness.

3. You never want to be a defendant.2. We all want our workplace to be as

pleasant a place as possible.1. It is the right thing to do.

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Page 23: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC23

Copyright 2008 John Baumann All Rights Reserved.

Discriminatory Harassment Prevention Program

• Phase VI - Convince the supervisors that it is in their best interest to address before anyone complains

• Phase VII - Have a corporate culture where discriminatory harassment is not tolerated by anyone at any level – all employees involved

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Page 24: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC24

Copyright 2008 John Baumann All Rights Reserved.

Cost Effective? - DefinitelyLower Outside Counsel BillsEliminate/reduce payout of settlements Lower Turnover/Absenteeism

(Reduce training costs)Retain Quality Employees

Humanistic? - You tell meNo Harassment

(or Immediately and properly addressed)

Corporate Culture: Appreciation & Respect

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Page 25: Webinar Harassment

Copyright 2007 Success Skills Coaching, LLC25

Copyright 2008 John Baumann All Rights Reserved.

Employment-related Lawsuits

• 1994 – 1998: 6 plants - 8 lawsuits filed (2 per year)1999 – 2009: 15 plants - ? lawsuits filed

ZERO ZILTCH NONE

SAVINGS: Typical settlement - $60K to 100KTypical defense attorney fees - $60K to

$100KTOTAL SAVINGS: Assuming 2 suits/yr. over 10 years

$2,400,000 to $4,000,000 SAVED

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