Sexual Harassment and Discrimination Prevention:

1. Sexual Harassment and Discrimination Prevention: ABC Organization, Inc. Presented by: John Smith And Jane Doe, Esq.

2. Caveats Concerning Training • This topic requires discussion of sexual and potentially offensive matters; this material is used to illustrate inappropriate behavior. • Different people in this session have different sensibilities. The training is not designed to make anyone feel uncomfortable. Please express yourself If you’re uncomfortable and we’ll address the matter.

3. Why We Train? • AB 1825 requires training for supervisors. • Who is a supervisor: Anyone having the authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, adjust their grievances and/or the ability to effectively recommend any of the above actions. • The best way to avoid harassment and discrimination is to educate the PIH community.

4. Warm-Up Questions • How many feel they do not need any training on this topic? • How many feel they have biases? • How many feel they have experienced/witnessed conduct that could be considered harassment?

5. Question: • What is sexual harassment? What are examples of behavior that might fall into this category?

6. Impact of Harassment and Discrimination • Lower morale • Decrease in productivity • Increase in absenteeism and turnover • Costly and unnecessary litigation

7. Prohibited Conduct Prohibited conduct under Title VII of the Civil Rights Act of 1964; California Fair Employment and Housing Act (FEHA); and PIH policy: • Discrimination • Harassment • Retaliation

8. Definitions • What is DISCRIMINATION? Discrimination occurs when an employee or applicant is treated differently than others, regarding the terms and conditions of the job AS A RESULT OF or because of their PROTECTED CHARACTERISTICS (OR CLASSIFICATION). • What is HARASSMENT? Unlawful harassment is any type of conduct that is directed at someone BECAUSE OF their personal traits or PROTECTED CHARACTERISTICS (OR CLASSIFICATION). Comments which relate to sexual conduct are considered to relate to sex, which is a protected classification.

9. Definitions (cont) • What is RETALIATION? Retaliation occurs when any employee engages in any legally protected activity, such as making a complaint or participating in an investigation, and suffers any negative job action AS A RESULT of their protected activity.

10. What are Protected Characteristics? • Race • Religious creed • Color • National origin (birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group) • Physical disability • Mental disability • Medical condition • Marital status • Sex • Age • Sexual Orientation

11. Sexual Harassment is: Any unwelcome conduct of a sexual nature which: • Is made a condition of employment or promotion (QUID PRO QUO SEXUAL HARASSMENT) OR • Is severe or pervasive enough to affect the person's work environment (HOSTILE ENVIRONMENT SEXUAL HARASSMENT)

12. What is “Quid Pro Quo” Sexual Harassment? • “This for that”. • Occurs when a supervisor either directly or indirectly makes submission to sexual conduct a condition of receiving or maintaining a job, job benefits, or for avoiding a negative job action. • Can include sexual propositions, sexual comments, or comments regarding an employee’s body. • Involves some kind of tangible job action such as increased workload or loss of job benefits or responsibilities.

13. What is “Hostile Environment” Sexual Harassment? Can occur if the following conditions are met: • Sexual behavior or other conduct based on any protected classification • Conduct that is UNWELCOME • Conduct so SEVERE OR PERVASIVE that it negatively changes the work environment for the complaining employee

14. What is “Unwelcome?” • Consent does not establish “welcomeness” • Racist remarks and epithets are presumed to be unwelcome • Conduct has to be both objectively and subjectively offensive (complaining employee was offended and any reasonable person would also be offended)

15. What is “Severe or Pervasive?” • Conduct is sufficiently severe or pervasive as to create a hostile, intimidating or abusive work environment or to unreasonably interfere with the work environment. • Standard is whether a “reasonable person” would find the conduct severe or pervasive. • Usually requires a showing of a pattern of offensive conduct. (However, there are occasions, especially with severe incidents, where a single incident may create a hostile environment.)

16. Who Is Held Liable? • MANAGERS • Can be held personally liable: If participated in unlawful harassment or substantially assisted or encouraged continued harassment. • Cannot be held personally liable: By their failure to remedy harassment situations (but they will be subject to discipline from employer)

17. Who Is Held Liable? (cont) • EMPLOYER • Is AUTOMATICALLY held liable for harassment by supervisor of subordinate employee (but the employer may be allowed a defense if it took appropriate preventative steps and the employee failed to notify the employer of the harassment) • Can be held liable for harassment from co-worker or third parties where employer knew or “should have known” about the harassment and failed to remedy the situation.

18. Harassment Danger Zones • Touching in the Workplace • Different people have different comfort levels with physical contact and our personal space. It is important to keep in mind how easily physical contact can be misinterpreted and unwelcome to another. No matter how innocently intended, touching can often seem suspect when retold after the fact in a complaint. Understanding your audience and their comfort level is the best way to prevent unwanted physical contact. • Internet and Electronic Communications. Jane Doe Esq. test: If you would not put it in a letter you would be willing to sign, DO NOT put it in an email.

19. Harassment Danger Zones • Workplace Romance. Examples of sexual harassment that can result from workplace romance: • Retaliation when one person ends the relationship • Unwanted and persistent sexual attention from the spurned party • Perceived or actual favoritism • Creating a hostile work environment by public displays of affection • Casting doubt on managerial decisions • Off-site Conduct, such as employer holiday parties; Business trips; Employer-sponsored events; Regular work-related social events (such as happy hour). Treat off-site or off-duty work-related events as an extension of the workplace.

20. Discussion Scenarios

21. Typical Responses to Harassment • Deny the impact of the event • Avoid the harasser/workplace • Tell the harasser to stop • Engage in joking to defuse the situation • Threaten to file a complaint or file a complaint Source: The New Jurisprudence of Sexual Harassment

22. What Rights Do I have if I Am Sexually Harassed or Discriminated Against? • The right to confront the harasser and state that the conduct is unwelcome. • The right to file a complaint with your supervisor; an investigation; and prompt, remedial action, if warranted. • The right to have the complaint and related information shared only with those who have a “need to know”. • The right to be free from retaliation.

23. What Do I Do if I am Accused of Sexual Harassment or Discrimination and What Rights Do I have? • Notify Human Resources immediately if you are accused of harassment or discrimination. • You have the right to be free from defamation and invasion of privacy. • You have the right to respond to the charges. • You have the right to all protections afforded by PIH Policy.

24. What are the Resources at PIH Regarding Sexual Harassment and Discrimination? • Policy against harassment and discrimination • Your supervisor • Human Resources Department

25. How Can Supervisors Assist in Eliminating Sexual Harassment? • Be a role model. You set the tone as to what behavior will be tolerated. • Do not allow sexist, stereotyped or sexual remarks. Suggest that the conduct may be unwelcome. • Inform employees as to the PIH Policy. • Don’t promise complainants absolute confidentiality. • Distribute to each employee DFEH’s sexual harassment information sheet. • Call HR promptly with any concerns.

26. Documenting Complaints • Names of individual(s) making allegations • Names of offending party or parties • Date of documentation • To whom allegations were first reported and when (other than yourself) • List of specific examples of harassment, discrimination, or retaliation, both towards the complaint or other employees • Names of possible witnesses

27. Documenting Complaints • Complainant’s perception of the impact of alleged harassment, discrimination, or retaliation. • Complainant’s perception of what will happen if alleged harassment continues. • Complainant’s suggestion of what would remedy the situation. • Attach all relevant documents (e.g., emails, photographs, complainant’s notes, etc.). Note: Do not include your personal opinions as to whether harassment, discrimination, or retaliation did or did not occur.

28. External Resources • California Department of Fair Employment and Housing (www.dfeh.ca.gov) (800) 884-1684 (800) 700-2320 TTY • U.S. Equal Employment Opportunity Commission (www.eeoc.gov)

29. Final Notes • Rarely is harassment “premeditated” • Exercise Vigilance • Questions and Answers