Equal Employment Opportunity (EEO)

1. Equal Employment Opportunity (EEO) Workplace Harassment Prevention

2. Harassment FreeWorkplace Doesn’t everyone like to work in a place where colleagues respect each other, have fun, and reach their optimal level of teamwork and productivity? Practice of considerate, respectful attitudes towards co-workers will create a workplace free of harassment.

3. Equal Employment Opportunity (EEO)

4. What is EEO? Federal Equal Employment Opportunity (EEO) is a combination of laws that prohibit discrimination in employment.

5. Anti-Discrimination Laws • Title VII of the Civil Rights Act of 1964 as amended (Title VII) • Equal Pay Act of 1963 (EPA) • Age Discrimination in Employment Act of 1967 (ADEA) • Sections 501 and 505 of the Rehabilitation Act of 1973 • Title I and Title V of the Americans with Disabilities Act of 1990 (ADA)

6. Laws Prohibit Discrimination In: • Hiring and firing • Compensation or classification of employees • Transfer, promotion, layoff, or recall • Job advertisements • Recruitment • Competency testing • Training programs • Fringe benefits • Pay, retirement plans, and disability leave or other terms and conditions of employment.

7. More Prohibited Discriminatory Practices Employment Decisions based on: • Veteran Status • Citizenship • Pregnancy or related medical conditions • Stereotypes or assumptions about the abilities, traits or performances of certain individuals • Political Affiliation

8. Title VII of the Civil Rights Act of 1964 (as amended) Defines “protected classes” from discrimination in employment, which include: • Race • Color • Religion • National Origin • Sex (including pregnancy) • Age • Disability

9. Additional Protections Many circuit courts & city ordinances have also recognized sexual orientation / preference as a protected class with respect to employment.

10. What is Discrimination? • Discrimination is treating people different because they are members of a certain group. • Discrimination is an action, not just an attitude. • A person can have a prejudiced idea without engaging in actions that discriminate on the basis of that image or prejudice. • For example, someone might have a mental image of doctors as being male (a sexist attitude-none of us is free from some of these ideas!) but still go to female doctors.

11. Unlawful Discrimination May occur in an employment setting when an individual is treated differently because he or she is a member of a protected class. For example: The manager who discriminates unlawfully against older workers when he lays off people because of their age. Age (over 40) is a protected category under federal law.

12. Age Discrimination in Employment Act of 1967 (ADEA) • protects individuals who are 40 years of age or older

13. By contrast, consider a supervisor who dislikes people who wear stripes. The stripes look silly to this supervisor and she assumes that people who wear them are “silly”. She therefore does not assign important tasks to people who wear stripes. This supervisor is, in fact, discriminating. Wearing stripes is not indicative of being a member of a protected class. The discrimination, though unfair, is not illegal. This might be an example of a supervisor in need of training instead.

14. Title I and Title V of the Americans with Disabilities Act of 1990 (ADA); Amended Jan 1, 2009 (ADAAA) • Defines Disability: an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment • Prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments

15. EEOC Charges Statistics for charges filed with the EEOC for harassment or other forms of discrimination: (The sum of these percentages exceeds 100% because some charges claimed discrimination on multiple grounds. Source - http://www.eeoc.gov/stats/charges.html)

16. Workplace Harassment Prevention So…How Can We Be Better?

17. CHCS PolicyPage 5 of Employee Handbook – • Defines Sexual Harassment • Sets guidelines • Outlines procedures to follow

18. Legal Terms Describing Harassment

19. Workplace Harassment Unwelcome verbal or physical conduct based on race, color, religion, sex (whether or not of a sexual nature and including same-gender harassment and gender identity harassment), national origin, age (40 and over), disability (mental or physical), sexual orientation, or retaliation (sometimes collectively referred to as “legally protected characteristics”) constitutes harassment when: • The conduct is sufficiently severe or pervasive to create a hostile work environment; or • A supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (for example, demotion, termination, failure to promote, etc.).

20. What is unwelcome conduct? The employee did not solicit or invite the conduct and the employee regarded the conduct as unwelcome

21. Sexual Harassment is NOT… a consensual relationship between two adults. The relationship does have the potential to become sexual harassment ifone in the couple terminates the relationship, but the other continues to contact the former without his/her consent. Recent studies found that approximately half of all employees have engaged in a romantic relationship with a co-worker. Keep in mind: A substantial number of sexual harassment complaints start with employee dating. Ogletree Deakins Employment Law Authority newsletter, Feb/March 2007

22. Quid pro quo(Latin - This for That) Refers to the type of sexual harassment that involves threatening to exchange or exchanging a tangible work benefit, such as a raise in pay or the chance to be promoted, for sexual favors or some other action. www.shrm.org

23. Hostile Work Environment Occurs when unwelcome comments or conduct based on • sex, • race or • other legally protected characteristics unreasonably interferes with an employee’s work performance or creates an • intimidating, • hostile or • offensive work environment.

24. Who Does It? Anyone in the workplace might commit this type of harassment – a management official, co- worker, or non-employee, such as a contractor, vendor or guest. The victim can be anyone affected by the conduct, not just the individual at whom the offensive conduct is directed.

25. Examples that May Create Sexual Hostile Environment Harassment • Leering, i.e., staring in a sexually suggestive manner • Making offensive remarks about looks, clothing, body parts • Touching in a way that may make an employee feel uncomfortable, such as patting, pinching or intentional brushing against another’s body • Telling sexual or lewd jokes, hanging sexual posters, making sexual gestures, etc. • Sending, forwarding or soliciting sexually suggestive letters, notes, emails, or images

26. Actions Which May Result in Hostile Environment Harassment • Use of racially derogatory words, phrases, epithets • Demonstrations of a racial or ethnic nature such as a use of gestures, pictures or drawings which would offend a particular racial or ethnic group • Comments about an individual’s skin color or other racial/ethnic characteristics • Making disparaging remarks about an individual’s gender that are not sexual in nature • Negative comments about an employee’s religious beliefs (or lack of religious beliefs) • Expressing negative stereotypes regarding an employee’s birthplace or ancestry • Negative comments regarding an employee’s age when referring to employees 40 and over • Derogatory or intimidating references to an employee’s mental or physical impairment

27. It’s Often About Power… • Workplace harassment is sometimes a result of power & control. • Harassment that results in a tangible employment action occurs when a management official’s harassing conduct results in some significant change in an employee’s employment status (e.g., hiring, firing, promotion, failure to promote, demotion, formal discipline, such as suspension, undesirable reassignment, or a significant change in benefits, a compensation decision, or a work assignment). Only individuals with supervisory or managerial responsibility can commit this type of harassment.

28. What is NOT Harassment? • Federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. • Rather, the conduct must be so objectively offensive as to alter the conditions of the individual’s employment. • The conditions of employment are altered only if the harassment culminates in a tangible employmentaction or is sufficiently severe or pervasive to create a hostile work environment.

29. So WHY Does it Occur? One possible reason for increased incidents of harassment in the workplace is that work is the most common place for busy people to meet and make social contacts . . . We often spend more time at work than at home!

30. Myth: Harassment will stop if a person just ignores it. Fact: Harassers often believe that if a person ignores harassing behavior, he or she likes it. The lack of response is seen as approval or encouragement. Studies show that in most cases when harassment is ignored, it continues and often gets worse. Myths About Harassment

31. Myth: Most people enjoy sexual attention at work and school. Teasing and flirting make work fun. Fact: Not necessarily. One person’s teasing may be another’s sexual harassment. Some people may be angry and embarrassed. Myths About Harassment

32. NO Myth: If women (or men) would just say “no”, sexual harassment would stop. Fact:“No” sometimes works, but often, some men and women still believe that “No” really means “Yes”, and the person who is being harassed approves of the behavior. As a result, continued harassment may be “justified” if they ignore protests from the victim. Myths About Harassment

33. Myth: If females watched the way they dressed, there would not be a problem with sexual harassment. Fact: Sexual harassment can happen to anyone no matter how they dress. Remember, harassment typically has more to do with power than with sexual attractiveness or appearance. A particular way of dressing is not permission to touch or otherwise harass. Myths About Harassment

34. Case studies Actual cases are seldom clear-cut. Some situations may not appear as harassment at first glance. Here are some examples.

35. A workplace romantic affair is broken off. The male continues to pursue the female. The female goes to the supervisor, who refuses to "get in the middle" and tells her to work it out on her own. In this instance, the supervisor, the pursuer and the organization all could be liable for sexual harassment.

36. Female employees make sexual comments and use offensive language when a male enters the room to get coffee. The male's supervisor suggests he ignore the comments and get coffee before coming into the office. Sexual harassment could be charged against the women because they are creating a hostile work environment, as well as against the supervisor and the organization because no attempt was made to correct the situation.

37. Sally works as a secretary for a small company. Many of her male co-workers and some of her female co-workers enjoy engaging in flirtatious horseplay and sexual banter in the office. They often swap stories about their sexual exploits and even grab at each other’s body parts. Sally is very offended by this conduct; however, she does not communicate this to anyone and, at times, she joins in herself simply to get along with these co-workers. Could this be sexual harassment?

38. Reduce the Risk of Harassment Cases

39. Reduce the Risk... Avoid inappropriate behavior at work: • jokes, insults • unwelcome bodily contact - patting, touching, or rubbing, hugging Avoid dating people with whom you work (e.g. subordinates or supervisor): • “After I said ‘no’ my manager…” • “I felt like I had to say ‘yes’.” Most importantly, always treat others the way you want to be treated!

40. If You Are a Victim of ANY Form of Harassment. . . • If you feel uncomfortable with a co-worker’s advances, jokes, etc, be honest/direct with them – let them know – if you are uncomfortable telling them, at a minimum, contact HR. • Use clear, concrete terms – JUST SAY “NO” • Involve another person, if necessary • Document every instance • Involve supervisor if the behavior continues or repeats • Call the HR department • Follow the guidelines set by CHCS policy

41. Human Resources Director or HR Team Leader Immediate Supervisor (you may choose not to report to supervisor if they are the perceived harasser) Next higher level of management President/CEO ALL Potential Violations Must Be Reported

42. Retaliation is StrictlyPROHIBITED

43. What is Retaliation? • Any action intended to inflict emotional or physical harm or inconvenience on an employee, that is taken by another employee. • This includes harassment and sexual harassment, disciplinary measures, discrimination, reprimand, threats, and criticism.

44. Consequences of Being a Harasser • You may be subject to disciplinary action. • You could lose your job. • You could be held legally liable if sexual harassment is confirmed.

45. Calls to HR are FREE • Supervisors DO NOT have the authority to investigate sexual or other harassment complaints, but they do have an obligation to report any instance of harassment to Human Resources. • It is EVERYONE’S responsibility to inform HR of allegations of sexual or other harassment. • RETALIATION for reporting an allegation of harassment or participating with HR in an investigation will not be tolerated

46. RESPECT & PROFESSIONALISM • The key to all interpersonal behavior in the workplace is "respect". • If your behavior is respectful of all colleagues, at all times, you will reduce the risk of becoming a victim or being an unknowing perpetrator of work-place harassment.  • Conduct yourself in a professional manner at all times.