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Harassment&Discrimination Training

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Tommy Adams

on 1 April 2016

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Transcript of Harassment&Discrimination Training

Discrimination & Harassment Prevention
Work Environment
Envirotech, Inc. is committed to a discrimination and harassment free work environment.

All employees are expected to conduct themselves in a business-like, professional manner and not engage in discriminatory or harassing behavior.
GOAL!
Together, we must work to create and maintain a work environment that is free from discrimination, workplace harassment and sexual harassment.

Thank you!
Behavior
There are three types of illegal, prohibited behavior:

1. Discrimination,

2. Workplace harassment, and

3. Sexual harassment

Discrimination and workplace harassment are based upon an individual’s protected class status.

Discrimination:
A supervisor or person in authority making employment decisions related to hiring, firing, transferring, promoting, demoting, benefits, compensation, and other terms and conditions of employment, because of an employee’s protected class status.

Protected Classes Include:
race, color and national origin
sex (includes pregnancy-related conditions)
religion
age (40 and older)
disability
a person who uses leave covered by the Federal Family and Medical Leave Act
Protected class status under NM law also includes:
All federally protected classes, plus:

physical or mental disability
injured worker
marital status and family relationships
sexual orientation
whistle blower
expunged juvenile record
any other protected class as defined by state law.

a person who uses Military Leave
a person who associates with a protected class
a person who opposes unlawful employment practices, files a complaint or testifies about violations or possible violations
any other protected class as defined by federal law.

What Should You Do?
Report the behavior to immediate supervisor or the Human Resources Manager. If necessary, you may also report the behavior to another member of management.
A complaint may be made verbally or in writing.
Unwelcome, unwanted, or offensive sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

1. Submission to the conduct is made either explicitly or implicitly a term or condition of the individual’s employment; or is used as a basis for any employment decision (granting leave requests, promotion, favorable performance appraisal, etc.); or

2. The conduct is unwelcome, unwanted, or offensive and has the purpose or effect of unreasonably interfering with an individual’s work performance, or creating an intimidating, hostile or offensive working environment.

Sexual Harassment:
Examples:

Unwelcome, unwanted or offensive conduct based on or because of an employee’s protected class status.
Workplace Harassment:
Examples:
Examples:
Why is it important to report?
Discrimination ,workplace harassment and sexual harassment can cause:

Employees to be hurt emotionally
Productivity to go down
Absenteeism to go up
The work of the agency to be jeopardized
Employees to be fearful of others
Workplace morale to be reduced.

When management knows about the problem, it can be corrected.
Discrimination, workplace harassment and sexual harassment are not tolerated at Envirotech
Why do employees hesitate to report discrimination, workplace harassment and sexual harassment?
Fear of losing their job
Fear of retaliation
Fear of getting someone into trouble
Fear of disrupting the workplace
Fear of being accused of having no sense of humor
Fear of being embarrassed
Fear of feeling like “less of a man/woman”
Fear of not being believed.

Discrimination and harassment are generally subtle and inconspicuous.
Confidentiality
Once a complaint of discrimination, workplace harassment or sexual harassment is made the company must promptly investigate the complaint.

Complaints are taken seriously and are confidential to the extent possible.

Employees are expected to cooperate with an investigation and keep information regarding the investigation confidential.

Scenario: An employee filed a report of harassment with her supervisor. After an investigation, Human Resources did not agree that harassment occurred. Because harassment was not found, the employee worries that she will be disciplined.
Are the employee’s worries founded?
An employee will not be disciplined for making a report of what the employee believes is harassment.

Sometimes an investigation will conclude that a particular behavior was not harassment or discrimination but was inappropriate workplace behavior.

No
Harassment is a term often used for lack of a better way to describe what an employee feels he/she is experiencing.
Policy
The complainant and the accused will be notified individually when an investigation is concluded. They will be told if any part of the complaint is substantiated. The complainant will not be told specifics of any action taken against the accused.

Employees engaging in conduct in violation of this policy may be subject to disciplinary action, up to and including termination of employment.

Temporary employees, vendors or clients engaging in conduct in violation of this policy may be subject to termination of their working relationship with Envirotech.

Policy
An employee who harasses another employee because of their protected class status, or sexually harasses another employee, while away from the workplace and outside of working hours, may be subject to the provisions of this policy if that conduct has a negative impact on the environment at work and/or working relationships and/or Envirotech’s business.

Even consensual relationships can impact the work environment when one party decides they no longer wish to participate.

Supervisor/employee relationships can also impact the work environment because of actual or perceived preferential treatment.

If a complaint involves the conduct of a contracted employee or a contractor, management will address the problem behavior with the contractor and require prompt, appropriate action.

If a complaint involves the conduct of a client, customer, or visitor, the company will follow its own internal procedures and take prompt, appropriate action.

Policy
Retaliation
Retaliating against employees who file complaints, participate in investigations, or report observing discrimination, workplace harassment or sexual harassment is prohibited.

If an employee believes they have been retaliated against, the employee should report the retaliatory behavior to their supervisor, the Human Resources Manager or if necessary, another member of management.

Complaints of retaliation will be investigated promptly.

Scenario: An investigation resulted in an employee being disciplined for sexual harassment. The disciplined employee was mad and encouraged others to shun those who participated in the investigation. You have been asked to refuse to speak to your coworkers who reported the employee’s behavior to the supervisor.

What can you do?

Just as discrimination and harassment are prohibited, so is retaliation.

Refuse to participate in retaliation against your coworkers. The morale of the staff has already been harmed. You do not want to contribute to further problems.

Report this behavior to management.

True or False

Discrimination, workplace harassment and sexual harassment can be illegal behavior.

Employment actions taken against employees that are based on or because of an employee’s protected class status are illegal, violating federal and state law.

Unwelcome, unwanted or offensive sexual advances or requests for sexual favors which require submission in exchange for employment action or inaction are illegal, violating federal and state law.

True
Harassment is limited to exchanges between men and women.

True or False
False

Harassment can occur between men and women, women and women, and men and men.

Only a member of management has the power to eliminate discrimination, workplace harassment and sexual harassment in the workplace.
True or False:
False
Only a supervisor/manager has the authority to discipline an employee for engaging in discrimination, workplace harassment or sexual harassment.

Employees at every level of the company have the power to prevent and eliminate discrimination, workplace harassment and sexual harassment by:

Being a role model for appropriate workplace behavior,

Not engaging in it, and

Being comfortable enough to tell each other respectfully when they have been offended.

True or False:
If I tell my manager I am being harassed, my manager can guarantee my name will be kept out of it.

False
A manager receiving a report of harassment has an obligation to keep the information as confidential as possible.

Human Resources and specific members of management may need to have some or all of the information from your report.

In order for the accused to answer questions and defend him/herself, he/she will need specifics.

Witnesses will be given limited information.

True or False:
Prevention is the most effective way to eliminate discrimination, workplace harassment and sexual harassment in the workplace.

True
Taking a proactive stance to create and maintain a respectful work environment is the most effective way to prevent discrimination, workplace harassment and sexual harassment.

This can be accomplished by:

Educating the workforce about discrimination, workplace harassment and sexual harassment,

Having clear guidelines for reporting discrimination, workplace harassment and sexual harassment, and

Making it clear that that discrimination, workplace harassment and sexual harassment are prohibited and retaliating against someone for reporting is prohibited.
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