Creating a Harassment-Free Workplace

1. Creating a Harassment-Free Workplace Thursday, September 20, 2pm – 4pm Friday, September 28, 9am – 11am

2. What Supervisors Need to Know Workplace Harassment

3. Session Objectives • You will be able to: • Understand the requirements of the law and company policy • Identify incidents of workplace harassment • Handle complaints and participate in investigations effectively • Take appropriate corrective action against incidents of harassment in your department

4. What You Need to Know • What harassment is and why it is a problem • Company policy against harassment • Procedures for dealing with harassment • How to investigate incidents and determine whether harassment has occurred • Proper action to stop harassment and correct its effects

5. Why You Should Be Concerned • Workplace harassment is a serious problem • Complaints are rising • Harassment takes many forms • Liability

6. What Is Harassment? • Harassment is unwelcome behavior directed at a member of a protected group • Harassment usually involves a pattern of behavior • Harassment is a form of illegal discrimination

7. Harassment and the Law • EEOC defines sexual harassment as sexual conduct that is: • Unwelcome • Harmful • Illegal

8. What Is Harassment? • Harassment is often blatant • Harassment can also be subtle • Behavior that may be short of illegal discrimination

9. What Harassment Is Not • Occasional teasing • Offhand comments • Isolated incidents that are not extremely serious

10. When Is It Harassment? • One extremely serious incident • Intimidating, hostile, offensive environment

11. When Is It Harassment? • Unreasonable interference with work performance • Negative affect on an individual’s employment opportunities

12. Who is this man?

13. Women accuse former Mrs. Baird's supervisor of rape 10:16 PM CDT on Wednesday, September 19, 2007 FORT WORTH - A Mrs. Baird's Bakery employee has come forward after she said shewas raped by her supervisor in a supply room at a plant in Fort Worth. The 48-year-old woman said she was raped by Duane Ford, who police said had helped the alleged victim get a job in the sanitation services division. In return, the victim said he wanted to have sex. "Sometime last fall, [he] expected her to reciprocate and return the favor, making sexual advances, which she again declined," said Lt. Dean Sullivan, Fort Worth Police Department. The victim told police she was raped twice and reported the incident it to both the police and the bakery in July. "The employee in question was suspended while the company conducted its own internal investigation," read a statement from Mrs. Baird's Bakery. "The employee was ultimately terminated after that investigation was completed." Ford worked for Mrs. Baird's for more than 22 years. He's charged with one count of sexual assault, but was also accused of raping another woman who identified herself as "B" in a civil lawsuit that was filed against the bakery in August. Police are still investigating the allegation. "Based on the fact that we've now had two victims come forward, there's certainly a possibility there may be other victims that exist," Sullivan said. After an ad was placed in a local newspaper by "B's" attorney, another alleged victim also was reported to come forward.

14. Who is this man?

15. Accuser Claims Thomas Used Foul Language By LARRY McSHANE Associated Press Writer NEW YORK Sep 18, 2007 (AP) A Madison Square Garden executive was ready to quit her high-salaried position and was nearly fired over her inability to handle work responsibilities in the months before she sued New York Knicks coach Isiah Thomas for sexual harassment, a top MSG official testified Wednesday. Steve Mills, MSG Sports president and CEO, was the first witness called as Thomas and MSG opened their defense in federal court against the charges made in a $10 million lawsuit by Anucha Browne Sanders. On Monday, jurors watched a videotaped deposition in which a mild-mannered Thomas said: "I never cursed at Miss Sanders. ... Now have I ever used curse words around her, yes, but at her? No.” … On the tape, Thomas also said that he would find it more offensive if a white male called a black female a "bitch," than if a black male used the same term when speaking to a black female. The airing of the deposition came during the second week of a trial that has exposed the Knicks one of the NBA's storied franchises to damaging allegations weeks before the start of training camp. The lawsuit has portrayed Madison Square Garden as more dysfunctional frat house than hallowed basketball arena.

16. Is this Sexual Harassment? • A female employee wears miniskirts • A female supervisor makes frequentcomments about a male employee’s physique • A male supervisor makes frequent comments about a male employee’s physique

17. Is This Sexual Harassment? • Two co-workers forward each other off-color jokes they receive in e-mails • An employee asks a co-worker out • Two co-workers develop a personalrelationship

18. Employer Liability • Preventing liability • Conduct of supervisors and managers • Conduct of co-workers • Conduct of non-employees

19. Harassment Policy • Where is our policy stated? • Familiarize yourself with the policy • Explain the policy to employees

20. HWH, Chisum Steel & We Stow Employee Handbook

21. We Pack Employee Handbook

22. Workplace Anti-Harassment Policy The purpose of the Workplace Anti-Harassment Policy is to insure that all employees of the Harper companies have the right to work in an environment that is free from all forms of discrimination and conduct that may be considered harassing, coercive or disruptive, including sexual harassment. This also includes, but is not limited to, harassment based on race, color, religion, sex, sexual orientation, national origin, citizenship, age, veteran status, disability, handicap, pregnancy, or marital status. Our company’s position is that harassment is a form of misconduct that undermines the integrity of the employment relationship. Harassment refers to behavior that to a reasonable employee is not welcome, that is personally offensive, that debilitates morale, and which therefore interferes with work effectiveness. No employee should be subject to harassment, either verbal or physical. Such behavior may result in disciplinary action, up to and including dismissal.

23. Workplace Anti-Harassment Policy - 2 • Responsibilities: • Supervisors and managers are responsible for creating an atmosphere in which harassment is not tolerated, taking immediate and appropriate action in response to any reported violation of this policy, and assuring that no reprisals are taken against either those who complain or corroborating witnesses. • Human Resources is responsible for formally notifying employees (including newly hired employees), supervisors, and management of the existence of this policy. • Human Resources, in conjunction with supervisors and managers, is responsible for providing guidance, investigating charges of impropriety, and recommending appropriate action. All claims will be thoroughly investigated.

24. Workplace Anti-Harassment Policy - 3 • Action • Employee: • Complaints of harassment should be brought to the attention of the employee’s supervisor. • If the alleged harasser is the employee’s supervisor, or if the employee does not feel comfortable addressing their concern with the supervisor, the employee should bypass the supervisor and take the complaint to the supervisor’s manager or Human Resources. • Supervisor: • After notification of any employee’s complaint, a supervisor will immediately contact the Human Resource department.

25. Workplace Anti-Harassment Policy - 4 • Human Resources: • After notification of the employee’s complaint, a confidential investigation will immediately be initiated to gather all the facts about the complaint. • After the investigation has been completed, a determination will be made by the appropriate management regarding resolution of the case. If warranted, disciplinary action will be taken, up to and including dismissal.

26. Workplace Anti-Harassment Policy - 4 Non-Retaliation: This policy also prohibits retaliation against employees who bring harassment charges or assist in investigating charges. Any employee bringing a harassment complaint or assisting in the investigation of such a complaint will not be adversely affected in terms and conditions of employment, nor discriminated against, or discharged because of the complaint or participation.

27. Harassment Policy • Enforce the policy strictly • Review the policy periodically and following any incidents

28. Harassment in the Workplace • Do you understand the information in the previous slides?

29. Verbal Harassment • Threats • Intimidation • Offensive language, slurs, or derogatory comments • Graffiti • Jokes • Circulating insulting stories or rumors about a person

30. Nonverbal Harassment • Staring • Standing over someone in an intimidating manner • Displaying or circulating offensive pictures, cartoons, or objects • Singling out members of protected groups for unfavorable treatment

31. Economic Harassment • Quid pro quo or economic harassment • Automatic liability • Tangible employment action must actually occur

32. Hostile Work Environment • Severe or pervasive conduct (or both) • Intimidating, hostile, or offensive displays

33. Handling Employee Complaints • Encourage reporting • Never ignore a complaint • Report complaints to your boss/and or designated person • Understand that employees are allowed to bypass the normal chain of command

34. Handling Employee Complaints • Strike a balance between the need for confidentiality and the need to investigate • Protect everyone’s rights

35. Dealing with Minor Incidents • Determine the exact nature of the incident • Take immediate action as appropriate • Counsel the alleged harasser informally • Reassure the victim • Consider referral to HR • Monitor the situation carefully

36. Participating in an Investigation • Is an investigation necessary? • How long will it take? • What intermediate measures may be necessary? • How should the investigation be conducted?

37. Questions During The Investigation • Questions to ask the person making the complaint

38. Questions During The Investigation • Questions to ask the alleged harasser • Questions to ask witnesses

39. Assessing Credibility • Plausibility • Demeanor • Motive to falsify • Corroboration • Past record

40. Has Harassment Occurred? • Making a determination • When no determination is possible • Filing a report • Informing the parties

41. Taking Corrective Action • Consult your manager and/or HR before taking action • Implement effective remedial measures • Balance competing concerns

42. Taking Corrective Action • Make certain the victim is not adversely affected • Stop the harassment and ensure that it does not recur

43. Taking Corrective Action • Intervene • Takeprompt action • Follow up to make sure the problem is solved

44. Your Role in Dealing with Harassment • Do you understand the information presented in the previous slides?

45. Diversity -Challenge and Opportunity • Recognize that the problem is likely to grow • Understand that harassment interferes with good work relationships • Encourage employees to recognize the benefits of diversity • Promote a fair and diverse workplace

46. Key Points to Remember • Illegal harassment is unwelcome behavior directed at a person because of race, color, religion, national or ethnic origin, age, or sex • No rude, insensitive, or abusive behavior should ever be tolerated • You play a critical role in identifying harassment, investigating incidents, taking corrective action, and enforcing company policy.