Department of Human Resource Management

1. Department of Human Resource Management Employee Guide to Unlawful Harassment Prevention

2. Table of Contents • Introduction • Legal & Liability • Unlawful Harassment Policy R477-15 • Terms and Concepts • Unlawful Harassment Categories • Protected Classes • Adherence to Established Law, Rules & Standards

3. Table of ContentsContinued • How to tell if you are stepping over the line • Right to be free from Harassment • Reporting • Who to Call • Investigations

4. Introduction • Unlawful harassment is discriminatory conduct based on an individual’s protected class • And has the purpose or effect of unreasonably interfering with an individual’s work performance or • Creating an intimidating, hostile, or offensive work environment

5. Introduction (Continued) • Unlawful harassment will not be tolerated in state government. • Upon completion of this training you should understand: • Federal and state laws/policies that prohibit unlawful harassment. • What constitutes “unlawful Harassment”. • Your responsibility in preventing/reporting such behavior. • How to file a complaint without fear of retaliation.

6. Legal & Liability Standards

7. Title VII, 1964 Civil Rights Act This law prohibits employment discrimination based on: • Race • Color • Religion • Sex • National Origin

8. Americans with Disabilities Act • Prohibits discrimination on the basis of disability in all employment practices • Employer must make accommodation to known disability of qualified applicant or employee unless it imposes undue hardship

9. Age Discrimination in Employment Act of 1967 (ADEA) Protects employees or applicants 40 years of age or older: • Cannot discriminate based on age with respect to any term, condition or privilege of employment • No age preferences, limitations or specifications in job notice unless required by law

10. Civil Rights Act of 1991 Granted litigants broader remedies and privileges through litigation: • Right to jury trial • Punitive & compensatory damages

11. Utah Law • Utah Anti-Discrimination Act • Utah Anti-Discrimination and Labor Division (UALD) • Complaints can be filed with either UALD or EEOC

12. Governor’s Executive Order (2006) • Mandates the establishment of the DHRM rules and policies, and the content and attendance requirements for harassment prevention and awareness training.

13. DHRM Rule R477-15 -- Unlawful Harassment Policy and Procedure • Purpose • Policy • Retaliation • Complaint Procedure • Investigative Procedure • Records • Training

14. Terms & Concepts • Unlawful Harassment • Protected Activity • Protected Classes • Tangible Employment Action • Discrimination • Retaliation • BIAS & ISM’S--Attitudes • Gender Bias – Age Bias – Religious Bias – Racism – Sexism

15. Categories of Unlawful Harassment • Tangible Employment Action • Hostile Work Environment • Third-Party Unlawful Harassment

16. Protected Classes • Disability Discrimination • National Origin Discrimination • Race and Color Discrimination • Religious Discrimination • Age Discrimination in Employment Act • Gender/Sex Discrimination

17. Established Law, Rules & Standards • All state employees are required to adhere to the applicable principles of fairness, equality, integrity, consistency and merit principles in the application of the State’s Rules.

18. Do’s & Don’ts of Behavior • Unlawful harassing behavior can range from pressuring a co-worker or associate for a date, making inappropriate comments or telling inappropriate jokes, to an actual or attempted rape or sexual assault, etc.

19. Potential Unlawful Harassing Verbal Behavior • Referring to an adult as girl, hunk, doll, babe, honey • Whistling, cat calls, making sexual comments about a person’s body • Telling offensive jokes involving protected classes • Asking personal questions • Making fun of someone’s religion • Making comments about someone’s age • Telling lies, spreading rumors

20. Potential Unlawful Harassing Visual/Physical Behavior • Making fun or mimicking a protected class • Giving inappropriate “personal” gifts • Displaying offensive materials about a protected class • Giving a massage • Hanging around uninvited or stalking • Intentionally brushing against someone • Hugging, kissing, patting, stroking

21. How to tell if you are stepping over the line

22. INTENT VS. IMPACT

23. Intent vs. Impact • Is my intent the same as the impact? • Is my behavior welcome?

24. Right to be free from Unlawful Harassing Behavior • You have the right to be free of unlawful harassment in the workplace. At the same time, you have a responsibility to report it if it occurs.

25. Reporting Do • Be assertive • Provide a clear and emphatic objection every time the unwelcome conduct happens • Keep documentation • Identify a witness • Continue to report to work • Make an official complaint if the behavior does not stop!!!

26. Reporting • OR you may want to: Write a letter to the harasser and include: • A description of unwelcome behavior • Time the behavior occurred • Fact that you want it stopped • Warning that if it does not stop, you will take further action • Your signature and date

27. Reporting Don’ts • Don’t attempt to retaliate • Don’t make yourself guilty of insubordination • Don’t socially or emotionally isolate yourself

28. Who to Call If you feel you are being subjected to unlawful harassment you should: • Report it to any Supervisor, Manager or Director • DHRM • UALD, Labor Commission • EEOC (Federal)

29. Investigations • Preliminary review Upon receiving an allegation/complaint, management shall consult with HR and conduct a review. Supervisor will interview the complainant and the alleged harasser only. The name of the complainant should be kept confidential.

30. Investigations(Continued) • Formal: Shall be conducted under the direction of HR. A team of trained professionals will be appointed. Complaints are automatically considered formal when any of the following is present: • Touching • Behavior which “shocks” the public conscience • Existence of witnesses or other parties • Employee is represented by another party

31. Formal Investigations Continued • Complainant has special expectations • There is financial liability or lawsuit potential • Unwelcome behavior is long-term or repeat of previous violations • Special status of parties involved (e.g., clients, supervisors) • Parties from multiple departments

32. Formal Investigations Continued • Involves juveniles, clients, or board members • Allegations of reprisal or retaliation for filing claim has been made • Reason to believe a false claim has been filed

33. Confidentiality • Confidentiality shall be maintained at all times. The integrity of any investigation depends on strict adherence to the rules regarding protected information by all parties involved. Information is shared only as necessary for legitimate business reasons.

34. Retaliation DHRM Rules prohibit Retaliation. Employees need to know that they have protection against retaliation for exercising their right to complain or for testifying or assisting in an investigation hearing.

35. Records • Records established as a result of an investigation are not to be retained in employee personnel file. However, if a disciplinary action is taken as a result of the investigation, the discipline will become part of the employee’s file.