Harassment-Free Workplace

Creating and Maintaining a Harassment-Free Workplace : 

Creating and Maintaining a Harassment-Free Workplace Multnomah County Library 2008 http://www.archive.org/details/bb_big_boss Kicsisup on deviantart.com

Trainers : 

Trainers Human Resources Leila Wrathall Mike Larsen Ellen Ullrick

Training Purpose : 

Training Purpose Take a stand against unprofessional and demeaning behaviors Promote a respectful workplace Ensure fair treatment Policy reminder Encourage and foster healthy communication

Multnomah County Policies : 

Multnomah County Policies Personnel Rule 3-10-020(E) – “Employees must relate to the public and other employees in a courteous, respectful and professional manner”

Multnomah County Policies : 

Personnel Rule 3-40 - Discrimination and Harassment Free Workplace Policy, Prohibited Conduct, Retaliation, and Reporting Poster from New South Wales anti-discrimination committee Multnomah County Policies

: 

Who’s responsible for ensuring the County is free from harassment? Personnel Rule 3-40-020 -“Every employee shares the responsibility for promptly bringing to the county's attention conduct that interferes with providing a work environment free of illegal discrimination and harassment.”

Where is harassment prohibited? : 

Where is harassment prohibited?

Consequences : 

Consequences Employees who violate these rules are subject to disciplinary action, up to and including discharge.

Slide 9: 

What is harassment?

Introductory Video : 

Introductory Video Source: www.eeac.org

“Quid Pro Quo” Harassment : 

“Quid Pro Quo” Harassment Getting, keeping or advancing in a job is made conditional on submission to the harassment or where harassment has some other adverse “tangible effect” on employment. Typically done by a Supervisor:

Quid Pro Quo Example : 

Quid Pro Quo Example Example: A supervisor warns a subordinate who resists sexist remarks that such actions could result in their probationary termination, if they continued to “rock the boat” Similar video example http://www.youtube.com/watch?v=vm_YewSqOy8&feature=related

Hostile Work Environment : 

Hostile Work Environment Verbal or physical conduct that is derogatory or shows hostility towards an employee Affects a term, condition, or privilege of employment Has the purpose or effect of creating an intimidating, hostile or offensive work environment

Hostile Work Environment Example : 

Hostile Work Environment Example Example: An employee from Egypt is subject to comments about being a terrorist and receives daily news email-clips from co-workers on the latest events in the Middle East.

Does intent matter? : 

Does intent matter? Harassment does not have to be intentional Harassment does not have to be “targeted” at an individual The victim can actually engage in some of the same conduct or behavior and still have a claim The conduct or behavior does not have to be “sexual” or “racial,” etc., in nature, if it is directed at someone because of membership in a protected class

Slide 17: 

NO! Does an employee have to say “stop” to be protected?

PSA : 

PSA And… it violates county policy!

What is retaliation? : 

What is retaliation? Personnel Rule 3-40-050 “The county will not tolerate retaliation against any individual who reports discrimination or harassment, testifies, assists, or participates in any manner in such an investigation, proceeding or hearing, regardless of the outcome of the harassment complaint.” Nylak on deviantart.com

Is this retaliation? : 

Is this retaliation? Example: Sylvia notices her manager Krista is wearing a new outfit. She thinks she saw it on the rack the last time she was at Target. Sylvia asks Krista if she bought it there. This upsets Krista, because she just spent a large amount of money on this outfit at Macy’s. Two months later, Sylvia finds herself in an interview for a promotion and Krista is on the interview panel. Sylvia interviewed well, but after the interviews are over Krista talks negatively about Sylvia and Sylvia doesn’t get the promotion.

Is this retaliation? : 

Is this retaliation? Example: George is on a Project Team of 6 people. During a team meeting, George discussed with his coworkers how his Project Team is not meeting its goals. Members of the Project Team heard from a third party what George said and they dropped him from the member list without telling him and didn’t invite him to any future meetings. http://l.yimg.com/www.flickr.com/images/spaceball.gif

Examples of Harassing Behaviors : 

Examples of Harassing Behaviors Displaying Derogatory Pictures or Items Sabotaging Work Using Crude and Offensive Language Continuing “Unwelcome” Behavior Threats Off-Color Jokes Unnecessary Touching Comments on Physical Attributes http://www.archive.org/details/UnwelcomeAff

What is not harassment? : 

What is not harassment? My supervisor expects me to perform my job My co-workers do not like me and are not friendly I am criticized because I am late, take too much vacation, or spend too much time on personal calls

Who can be harassed? Who can be a harasser? : 

Who can be harassed? Who can be a harasser? Harassed Co-Worker Supervisor Supervisee Bystanders of direct harassment Harasser Co-Worker (including members of the same protected class!) Supervisor Supervisee Non-Employees Anyone!

What if coworkers are engaging in questionable behavior, but no one seems to be offended? : 

What if coworkers are engaging in questionable behavior, but no one seems to be offended? Example: Jennifer, Sally and Sharon are all standing in front of a building watching a delivery guy unload boxes onto his cart to bring inside. Dylan overhears them saying something explicit about the delivery guy’s physique and the conversation feels uncomfortable to Dylan.

You receive an email that is offensive, but meant to be humorous (an off-color joke, sexually explicit, etc). What do you do? : 

You receive an email that is offensive, but meant to be humorous (an off-color joke, sexually explicit, etc). What do you do? Example: Greg and Marty are good friends. Greg sends Marty an email with a joke making fun of people of a certain religion. Marty thinks it’s so funny, he sends it on to everyone in the building.

The “What if they were here?” test : 

The “What if they were here?” test http://www.sxc.hu/pic/m/k/kl/klatham/801331_the_lineup.jpg

What about Romance at Work? : 

What about Romance at Work? Between co-workers Between supervisor and employee Photo: taylorconsultinginc.com

Can a Patron be the Harasser? What should you do? : 

Can a Patron be the Harasser? What should you do? Example: Bill, a regular patron, frequently cracks dirty jokes or makes suggestive comments toward Sue whenever he sees her working the desk. Photo:michellereneehawkins on Flickr Contact PIC, FSO, or Supervisor when patron behavior crosses the line

Do you have a “Special Friend?” : 

Do you have a “Special Friend?” Joe, a patron, likes to follow Jean around whenever he sees her shelving books. He frequently makes off-color comments that make her feel uncomfortable. He has asked her out on dates numerous times. She always declines. Be sure to keep a paper trail of repeated threatening behavior!

Intellectual Freedom vs. Harassment : 

Intellectual Freedom vs. Harassment When does a patron’s right to view offensive material, which we defend under principles of intellectual freedom, become harassment to others around him who are offended by what he’s viewing? Covered under click-through agreement and patron behavior rules. Photo: DougG on flickr

Click-through Agreement : 

Click-through Agreement

Patron Behavior Rules 5 & 6 : 

Patron Behavior Rules 5 & 6 Privacy screens are available for Internet computers. However, effectiveness of privacy screens is limited. Respect other's privacy by not attempting to observe or comment on what others are viewing. Remain sensitive to the fact that you are working in a public environment shared by people of all ages. Some locations require use of privacy screens by all users. In other locations, privacy screen use may be required at the discretion of the Person in Charge. Use a privacy screen if you are asked to do so. Stop viewing any site that creates a hostile environment for other library users and staff if a staff member asks you to stop.

Other potential harassment issues with patrons? : 

Other potential harassment issues with patrons?

How much Teasing is OK; When has it gone Too Far? : 

How much Teasing is OK; When has it gone Too Far? Example: Sheila, famous around the workplace for years as a Star Wars fan, has always been extremely good natured and is well-liked by her co-workers. About a year ago, she began using a cane. Several employees have taken to calling her Yoda. At first, she laughed along with the name, but lately, it seems these comments irritate her.

Group Exercises : 

Group Exercises http://blip.tv/file/649242/ Is it or Isn’t it

Group Exercise #1 : 

Group Exercise #1 Bjorn Anders and Elsa Engle are new employees who have just come to the United States from Sweden. Already, Bjorn is famous for his "Swedish" jokes, some of which are slightly off-color. Elsa tries to be a good sport, but she quickly tires of Bjorn making fun of her native country. When she hints around for Bjorn to knock it off, he tells her, "Hey, lighten up. I'm making fun of myself. If I'm a Swede and don't mind Swedish jokes, neither should you."

Group Exercise #2 : 

Group Exercise #2 Elena is Joan's supervisor. Due to a stringent deadline, Elena and Joan have had to work closely over the past three months and they have gradually developed romantic feelings for each other. They start dating. However, when word gets back to Human Resources, the Director is concerned about the impact this could have on work.

Group Exercise #3 : 

Group Exercise #3 John is a savvy veteran employee who has been to several harassment prevention workshops. When his group goes to happy hour together and he wants to tell a sexual joke, he always prefaces it with "I hope no one is offended by this . . ." and warns that he's about to tell a racy joke.

Group Exercise #4 : 

Group Exercise #4 Brenda and Sally are talking in Brenda’s cubicle. They are having a relatively loud casual conversation and discussing the upcoming weekend. Their conversation launches into a series of sexual joking which both are actively participating in. John is sitting in the cubicle next to Brenda and hears their conversation.

Group Exercise #5 : 

Group Exercise #5 Stuart is known as a friendly and outgoing person by those he works with. Karen is new to the team and is quiet and reserved. Occasionally Stuart will pat his team members on the back or shoulder as the pass in the hall. Karen is someone who does not appreciate physical contact with those outside of her immediate circle of friends. Photo:markbuchananlaw.com

Group Exercise #6 : 

Group Exercise #6 Patsy, a technical support staff, has very strong religious beliefs. She frequently brings up the topic of religion during break times and social gatherings. One day she asks Cindy about her beliefs. After finding out that Cindy does not participate in any religious practices she decides to buy Cindy a Bible. She later asks Cindy to come with her to a religious service. Cindy agrees to go because she knows how pushy Patsy can be about religion and Patsy is also the senior staff member on the team.

Group Exercise #7 : 

Group Exercise #7 Joe is always willing to take on any task. He is productive and able to get most of his assignments done on time. However, because he does not say no, sometimes he gets overwhelmed. His supervisor continues to ask Joe first to do new tasks and overlooks the other team members.

Group Exercise #8 : 

Group Exercise #8 Ralph views pornography on a computer in plain view of others. Nobody complains. Photo:Webjunction on Flickr

Group Exercise #9 : 

Group Exercise #9 Chet views Neo-Nazi propaganda on a computer in plain view of others. You are offended. What if you were/are Jewish? Photo:muffet on Flickr

Prevention and accountability : 

Prevention and accountability Don’t ignore harassment If you’re a victim, let the person know you don’t like the behavior and don’t want it repeated Be willing to accept constructive feedback about how your behavior affects others Report the conduct if it is repeated, or if it is particularly outrageous Document as much info as possible – time, date, place, witnesses, and the event that gave rise to the incident

Complaint reporting : 

Complaint reporting Multnomah County provides multiple avenues for reporting complaints: Supervisor or Manager Dept. HR Central HR EEO/Affirmative Action Office – Complaint Form

Employees should be aware that… : 

Employees should be aware that… Supervisors, managers, and the EEO/AA Officer are obligated to take action if they learn of a situation or event that appears to involve discrimination, harassment or retaliation based on a protected class. Photo: angelproductions

What happens when a complaint is filed? : 

What happens when a complaint is filed? Interview Investigation Confidential except as necessary Typically concluded within 90 days Findings submitted to Mgmt, HR, and EEO/AA Resolution Informal (between parties, or with Mgmt or HR assistance) Withdrawn (investigation may continue) Right to file external complaint with EEOC or BOLI

Things to remember : 

Things to remember Harassment or discrimination is a violation of policy Behavior that does meet the legal definition of harassment or discrimination can still be a violation of policy Treat everyone with mutual respect and professionalism Report unwanted and unwelcome behavior

Where do we go from here? : 

Where do we go from here? Continuous dialogue Hpfanatic17 on deviantart.com