Health Services Department Harassment Prevention Training

1. Health Services DepartmentHarassment Prevention Training Concerning Sexual and Other Types of Harassment

2. What is Harassment?Write your ideas See p. 5

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.

4. Lack of Respect - unacceptable: p. 6 - bottom • …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 unacceptablein our work environment.

5. Objectivesp. 7 Understand: • County policies, State and Federal laws concerning workplace harassment; • Our protected rights in the workplace; • Your responsibilities to prevent harassment and discrimination; • Steps to take if you believe you are being harassed and/or discriminated against.

6. Are we protected from harassing behaviors & activities?

7. Federal laws & EEOC regulations State laws & regulations County policies and procedures Health Services employees are protected under: P. 9

8. Health Services employees are protected by: p. 10 County policies and procedures

9. County Anti Harassment Policiesp. 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

10. County Anti Harassment Policiesp. 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

11. Contra Costa County and the Health Services Department is committed to • Maintaininga 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

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 p. 10 Ref: Burlington Northern Santa Fe Railway v. White, 05-259

13. The County policy includes protection for All Sexual Orientations • Heterosexual, • Homosexual (lesbian, gay), • Transgender & • Bi-sexual • Protections embedded in state law p. 10

14. Health Services employees are also protected by: State laws & regulations p. 11

15. Fair Employment & Housing Act • California state legislation providing protection in our workplace See protections listed on page 11

16. California Fair Employment and Housing Act p.11 Defines harassment because of sex as: • Sexual harassment, or • Genderbasedharassment, or • Harassment based on pregnancy, childbirth, or related medical conditions.

17. California Fair Employment and Housing Regulationsp. 12 Define sexual harassment as: • Unwanted sexual advances, • Visual conduct: displaying sexually suggestive objects, • Verbal sexualadvances • Verbalabuseof a sexual nature • Physical conduct– touching, blocking • Making…retaliatory action after negative response to sexual advances.

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.

19. Health Services employees are also protected by: Federal laws & EEOC regulations p. 13

20. Federal Civil Rights Act of 1964 Title VIIp. 13 Prohibits employment discrimination due to an employee’s protected class of: Race, Color, Religion, Sex, National Origin, Age (40+), Disability or Genetic Information

21. 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. Effective: November 21, 2009.

22. How does it all fit together?

23. Work Environment - Key Federal, California, & County Harassment/ Discrimination Protections Genetic Info p. 15 Sex Age Sexual Orientation Standards Of Practice Medical Condition Color Ancestry Policies, MOU’sProcedures & Laws MaritalStatus Job Description & Specs. National Origin Disability Religion & Creed Gender Denial FMLA (if eligible) Religion Patient/Client State & County Race Federal

24. EEOC Guidelines for Title VII p. 17 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

25. Two types of workplace harassment 1. Quid Pro Quo – Sexual Harassment 2. Hostile Environment Harassment

26. Quid Pro Quo p. 18 • Latin term meaning ‘an exchange’. • In the workplace the exchange is between employees… • Individual suffers a job detriment for refusing …a sexual advance

27. Job Detriments include • Not receiving: • Employment or contract work • Promotion • Bonus (merit) payments p. 18

28. Job Detriments also include p. 18 • 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

29. Who Harasses Whom?P. 19 • Sexual harassment may occur in a varietyof 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.

30. Hostile Environment Harassment Unwelcome conduct creating an uncomfortable work environment for some employees. p. 21

31. Unwelcome Behavior Identifier p. 21 • Unwelcome Behavior identifiers: • Would a member of a protectedclass consider the harassment hostile & offensive? Factors considered: 1. Frequency & 2. Severity of the harassing conduct

32. Unwelcome Behavior Identifier p. 21 • 3. Whether harassing conduct is: • Physically threatening or humiliating. • Unwelcome • Unreasonably interfereswith an employee’s work performance or alters other condition of employment

33. Unwelcome Behavior Explained p. 22 Hostile environment harassment may be directed specifically at an employee, a group of employees; Or - Witnesses An employee(s) …may be subjected to harassment due to witnessingit

34. Hostile Environment Harassment Includes: • Sexually explicit talk or emails, • Sexually provocative images, • Comments on physicalattributes or • Unwelcome - inappropriate touching. p. 22

35. Workplace Harassment includes p. 22 • 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.

36. Reasonable Person Standard p. 23 • ‘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.’

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

38. Harassment You Decide Discussion p. 25 & 26

39. El Hakem v. BJY Electronics Mamdouh p. 26 el Hakem Manny Hank • Unsolicited nick name violated protected rights of race & national origin • = $60,000 in Title VII violations

40. Intent vs. Impactp. 27 • Value skills & talents of team • Imagine how other people feel • Thinkbefore acting or joking • ‘I didn’t mean anything by it’ is not a valid defense of harassing behavior. V I T

41. Unwelcome Behavior p. 27 Unwelcome behavior is: • Not Welcome • Not Solicited, and • Not Wanted By the offended person

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

43. Steps to take if you believe you are being harassed: p. 29

44. Employees who object to unwelcome behavior should: • Tell the person to stop: • Either in person, or • In writing Immediately And

45. 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

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.

47. . Can the employee appeal the HSD results? Yes - to the: • County Affirmative Action Office • The Merit Board • Union can support members at any stage p. 30

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

49. Conclusion

50. Its All A Matter of Respect Rarely will a person harass or discriminate against someone they value… either accidentally or deliberately. p. 32