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Wismettac Asian Foods

AB1825 (1hr.)
by

Jinna Baik

on 22 September 2016

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Transcript of Wismettac Asian Foods

WISMETTAC
ASIAN FOODS
Workplace Harassment

Prevention

Training

Listen
Maintain a respectful work environment
WHY BE CONCERNED?
You will learn...
YOUR ROLE IS TO...
STATISTICS
Total employment discrimination complaints filed with CA’s DFEH in 2015: 16,285
(
32%
were sexual harassment complaints)
500
people from
92
companies
Statistics
54%
of the people had experienced some type of sexual harassment in the work place

27%
of them were harassed by a fellow co-worker

17%
were harassed by a superior

12%
were threatened with dismissal if they did not comply

79%
of those who reported were female and
21%
were male

66.6%
of the people surveyed were not aware of a sexual harassment policy and
33.4%
said they were aware.
Discrimination and Sexual Harassment
Overview and discussion of the law, not legal advice!
Engaging in prohibited behavior will result in discipline including termination of employment
As an employee, I am permitted to make jokes about sex:

During my breaks and meal periods

At the workplace before I start my shift

At the workplace after I complete my shift

Never

When an employee asks me to tell a good joke

UNWANTED
and
UNWELCOME
sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature that is:

made explicitly or implicitly a
condition of employment
;
used as the basis for
employment decisions
; or
unreasonably interferes with work performance or creates an
intimidating
,
hostile or offensive work environment

WHAT IS
SEXUAL HARASSMENT
?
TYPES OF DISCRIMINATION
UNDER FEDERAL LAW
Prohibits discrimination based on:
race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status
HARASSMENT BECAUSE OF SEX
The harassing behavior was because of the
victim’s sex or gender
Disparate treatment
Disparate impact
Harassment: sexual harassment and harassment
Retaliation
Failure to provide a reasonable accommodation
UNDER CALIFORNIA LAW
Title VII of the Civil Rights Act of 1964 (Title VII)
Prohibits discrimination based on:
sex, race, color, religion and national origin
California Fair Employment and Housing Act (FEHA)
Players
Regular & Temporary
Independent Contractor
Job Applicants
Interns
Who's Protected?
Harasser
Supervisors

Employees:
Regular & Temporary

Contractors


Vendors

Applicants

Clients/Customers

Men or Women
Who's Liable?
Employers are
strictly liable
for damages an employee incurs as a result of a
supervisor/agent's
sexual harassment

Employers are liable for a non-supervisory employee’s harassment only if the employer
knew or should have known
of the harassing conduct and failed to take immediate and appropriate corrective action
Those receiving services from
an independent contractor
Employers
Employees
Employees who harass another person in the workplace can be
personally liable
too so long as there’s an employment relationship between the two people
Agents of an employer: Supervisors
Directly targeted individuals/groups
Bystanders
Witnesses
Where Can Harassment Occur?
Types and Forms of
Sexual Harassment
Quid Pro Quo
Hiring decisions
Pay increase
Promotion
Work assignments
Performance evaluations
Retention
Situations where submission to or rejection of
unwelcome conduct of a sexual nature

is made a condition of:
Verbal
Visual
Leering
Staring (elevator eyes)
Making sexual gestures
Displaying sexually suggestive or explicit objects, pictures, cartoons, graffiti, posters, emails, calendars, text messages
Physical
Unwelcome touching
Kissing
Hugging
Grabbing
Impeding or blocking movement
Any physical interference with normal work or movement
Sexual gestures
Assault
Stalking
"This for That"
Hostile

Work Environment Elements
Unwelcome
or
Unwanted
Foul or obscene language
Derogatory comments
Gender-specific slurs
Explicit discussions about sexual activities or behavior
Comments about other people’s attributes
Sexual advances
Sexual propositions: asking out
Sexual innuendos
Spreading rumors about another person’s sexual activities/conduct and/or partners
Sexual jokes
Written
Suggestive, obscene or propositioning letters, notes, invitations, phone calls, emails, texts, tweets
Displaying pictures in writing
Other conduct
Whistling or cat calls
Sex-tinged or gender specific pranks and practical jokes
Holding company functions in an inappropriate environment like a strip club
Inviting inappropriate guests (like strippers) to employer-sponsored functions
Actual or threatened reprisal
after a negative response to sexual advances
** The intentions of the harasser are irrelevant!!
A company’s policies are only as good as the supervisors who implement them:

Treat others with
RESPECT
and
PROFESSIONALISM
regardless of rank/title/position
Golden Key Rules to Work By
Employers must take all reasonable steps to prevent harassment from
occurring:

Harassment policy
Harassment training
Preventive Measures
KEY
Policy against
Harassment and Discrimination
Step 2: Explain the Process
Assure that complaints are taken seriously
Complaints cannot be ignored
Cannot promise complete confidentiality
Reassure – “
Need to know
” only
Response will be prompt
Step 3: Promptly Report
Immediately report complaints to HR
Do not confront accused
Do not preview the complaint with others
Fully cooperate with HR
Supervisor’s Role
Avoid conduct that may lead to liability for you and the company

Serve as a role model for other employees

Be sensitive to the potential effects of power disparity

Be mindful that
your actions matter more than your intentions

Abide by appropriate workplace behavior (even at off-site business functions: parties, business trips and other business-related social events)

Be discreet
Step 4: Enforce the
No-Retaliation
Rule
Remain neutral
Consult with HR before making changes affecting complainant
Be on alert for signs of retaliation from others, including accused
Step 1: Look & listen, Don't Judge
Keep an eye out
Take all complaints seriously
Listen carefully
Don't pre-judge complaints
What is Retaliation?
No Retaliation
Retaliation

=

the most commonly filed EEOC claim!
Retaliation claims are on the rise…
Protected Activity
:
- Making in a complaint or
- Participating investigation of unlawful harassment
A plaintiff can prevail on a retaliation claim even if the underlying claim (e.g. harassment) fails!!
Taking adverse action against an employee for engaging in “
protected activity


** A single act shall not constitute abusive conduct, unless especially severe
Examples of Abusive Conduct
Anti-Bullying Law and Policy
Repeated infliction of verbal abuse:
- Derogatory remarks
- Insults
- Epithets
Threatening, intimidating or humiliating verbal or physical conduct
Sabotage
Undermining of a person’s work performance
Bullying
Hostile
and
offensive
behavior with malice that is unrelated to an employer’s legitimate business interests
Abusive

Conduct
Workplace Bullying
Unwelcome behavior that humiliates or intimidates employees and co-workers
Some forms of bullying are illegal:
Assault and battery
Retaliation
Discrimination and harassment
based on protected characteristics
Defamation
Many states, including California, have introduced
workplace anti-bullying legislation
Forms of Bullying
Hostility
Unacceptable behavior:

Shouting, yelling, spiteful remarks or “fighting words”

Pounding on tables, slamming doors, stomping, kicking or breaking things

Giving others the “silent treatment” or refusing to communicate or cooperate

Staring disdainfully or threateningly at co-workers

Otherwise expressing anger in an intimidating or threatening way

Targeting a co-workers for mistreatment:

Humiliation
Harassment
Isolation
Combativeness
Violence
Abuse
By supervisors/other decision-makers:

Retaliation
Unrealistic expectations
Unfair rules
Arbitrary decisions
Improper motives
Abuse of Power
False accusations
Defamation
Stealing credit
Withholding information/ resources
Otherwise setting up a co-worker to fail
Deception & Sabotage
What can you do about Workplace Bullying?
How Bullying Affects People:
High stress; post-traumatic stress disorder
How Bullying Affects Organizations:
Cost of replacing staff
Recognize person who is being bullied
Consequences of Harassment
Abusive Conduct
&
Jinna Baik
ER Specialist
jinna.baik@wismettacusa.com
562.977.2515
Treating the person differently or less favorable, for some reason
DISCRIMINATION...
California
and
Federal
law protect certain classes of people from discrimination
PROTECTED CHARACTERISTICS
** A single act shall not constitute abusive conduct, unless especially severe
If someone is being harassed...
Tell your supervisor or HR:
DO NOT ASSUME MANAGEMENT KNOWS
Let the harasser know his/her behavior is/can be perceived as harassment
If someone is offending you...
Don't assume that person knows you are offended
Harassers can be:
- Frequently flirty
- Overly friendly
- Spreading rumors
stop
Tell them to
Who is Affected?
S
Q
U
I
D
S


Stop
and
think
about what you are about to say or do
Q

Question
yourself "is it worth it?"
U

Understand
the other person's feelings
I

Imagine
the consequences
D

Determine
the best course of action
Hostile
Work Environment
Work:
office, meeting rooms, break rooms, parking lots
The Company has adopted and maintains strict enforcement of its policy against unlawful harassment. Unlawful harassment is harassment that creates a work environment that is hostile, offensive, or intimidating to an employee and is made that way on the basis of his/her
age, sex, gender, gender identity, gender expression, race, color, religion, ancestry, national origin, physical/mental disability, medical condition, veteran/military status, marital status, genetic information, pregnancy, breastfeeding or sexual orientation.
Any employee observing or subjected to conduct he/she believes is in violation of this policy committed by another employee, manager, client, agent, vendor or any third party must
promptly and fully report the facts of the incident and the names of the individuals involved to their supervisor
. The supervisor will report the complaint to the HR Manager for further investigation.
All reports will be
promptly investigated and kept as confidential as possible
. The complainant will be informed of the outcome of the investigation and what corrective action will be taken, if any. The Company
will not retaliate against employees who make good faith complaints
, and the Company will make every effort to deter and correct conduct in violation of this policy... discrimination, harassment or retaliatory conduct will not be tolerated and may subject you to
disciplinary action, up to and including suspension/termination.
Complaining employee must have
reasonable, good-faith belief
that the conduct is unlawful
Would I do or say this if...
My spouse/significant other, child or parents were present or would find out about it?
Types of Sexual Harassment
Prevent Sexual Harassment
Company’s Anti-harassment Policy
Legal Rights and Responsibilities
Retaliation
Abusive Conduct: Bullying
Respectful Workplace Behavior
Learn
Participate
Ask questions
Interact and enjoy!
Total employment discrimination complaints filed with the EEOC in 2015: 89,385
(
30%
were sexual harassment complaints)
Comply with company policies
Comply with the law
Equal Employment Opportunity Commission (
EEOC
) enforces protections under Title VII
EEOC and courts view sexual harassment as a form of
unlawful
sex discrimination prohibited by Title VII
Dept. of Fair Employment and Housing (
DFEH
) enforces the law
Includes
same sex harassment
Does
NOT
have to be motivated by sexual desire
A form of
UNLAWFUL
discrimination
Cell phone/text messaging
Online:
social media, emails, blogs, chat rooms
Company-sponsored activities
:

holiday parties, sake events, golf tournaments, dinners (welcoming/farewell parties) or lunches, business trips
Victim need not have been the target but must have perceived the harassment
Situations where unwelcome conduct of a sexual nature creates a
hostile, offensive

or

intimidating

work environment or unreasonably interferes with an employee’s job performance
Severe

or
Pervasive
Severe =
nature
of the conduct itself
Pervasive =
frequency
of the conduct
Point of view
Objective
– reasonable person
Subjective
– complainant/victim
Treat the employee who complained about discrimination or harassment the same as every other employee
Management cannot legally “punish” or “get even” because of a claim.
Supervisory employees who engage in unlawful retaliation
will be disciplined
Ensure that your conduct is
fair in fact

and
fair in appearance
Workers not being productive
Customers not getting proper care
Short-staffed due to staff calling out because they are afraid
Costly investigations
Financial problems due to absence
Reduced self-esteem
Sleeping disturbances
Increased depression/self-blame
Digestive problems
Other physical conditions
Don't forget to sign the roster & certification!
I were being recorded?
I want my behavior or comments to be heard in a Court of Law?
IF THE ANSWER IS 'NO', THEN DON'T SAY OR DO IT!!!

Adverse Actions
:
Termination, discipline, demotion, denial of promotion/pay raise, layoff, reduced work schedule, denial of time off request, transfer, exclusion from meetings/trainings in which the employee used to be included and/or should be included or other unwelcome treatment
In 2015, retaliation charges accounted for
44.5%
of charges filed with the EEOC, up from 42.8% in 2014.
In CA, retaliation claims were
48.5%
of all charges filed, up from 40.7% 5 years ago
In 2015, the EEOC collected over
$173.5M
in monetary benefits for retaliation victims, up from $140.5 in 2014

Realize that you are not the problem
Report it to supervisor/HR
Do not single out coworkers
Be positive and friendly
Be a good role model
Work as a team
Low productivity
Low retention
Low employee morale
Full transcript