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February 9, 2017 Harassment Prevention and Awareness Training - El Camino College

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Michael Travis

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Transcript of February 9, 2017 Harassment Prevention and Awareness Training - El Camino College

Sexual Harassment Prevention
and Awareness Training

What is discrimination?

What behavior constitutes harassment?

What should you do when facing discrimination or harassment?
For Today's Training
Sexual Harassment Prevention and Awareness Training
Pinning a person to a wall

Blocking a passage

Grabbing, bumping, or pinching



Unsolicited touching or rubbing

Rape

Any other unwelcome physical contact
Leering

Sexual gestures

Displaying offensive material

Touching or rubbing in a suggestive manner
Give the person immediate attention

Be a good listener

No judgments of the accuser OR the accused

No discussion of pros/cons of reporting
Initial Contact with Complainant
Ask the person if they know about the Board policy

Assure them that retaliation is prohibited, and punished severely

Make notes: conduct alleged, times and dates, witnesses, other evidence, response to the conduct

Unlawful Employment Discrimination
What is Discrimination?
What Behavior Constitutes
Harassment?
Initial Contact with Complainant
Physical Conduct
Nonverbal Conduct
El Camino Community College Human Resources Department
Presented by Michael T. Travis, Esq.
Both Federal and California laws prohibit discrimination in the workplace based on an employee’s “protected characteristics”. Under California’s broad, pro-employee laws (perhaps the best in the US), “protected characteristics” mean: “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status,sex, age, or sexual orientation”.







“Disparate treatment” involves employer actions, e.g., promotion and termination, that single an employee because of a protected characteristic, e.g., only older workers are laid off or only males are promoted.





Then there is “harassment”, meaning harassing conduct such as slurs, touching, unwanted advances, intimidation, etc., because of the employee’s protected characteristic.






"Abusive Conduct"

AB 2053

Prohibits conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.





“Disparate impact” involves employer policies that have a disproportionate adverse effect on a protected characteristic group, e.g., a company policy of counting all absences and leaves against seniority that has a disproportionate adverse impact on women who have to take time off for pregnancy.
Presented By

Barrett Morris
Director of Diversity, Benefits, and Compliance

Michael T. Travis, Esq.
Parker & Covert LLP

July 11, 2014
Sexual Harassment Prevention Training is Required by Law...
Case Study
After four months of employment, plaintiff was fired and sued, asserting among other things that the writers’ use of sexually coarse and vulgar language and conduct, constituted harassment based on sex.
No Hostile Environment. Why?
Not directed at Plaintiff or any other specific female
Lyle v. Warner Brothers Television Productions
(2006) 38 Cal. 4th 264
Lyle v. Warner Brothers Television Productions
(2006) 38 Cal. 4th 264
Making offensive comments

Asking personal questions relating to sex or sexual activity
Verbal Conduct
Lyle v. Warner Brothers Television Productions
(2006) 38 Cal. 4th 264
Plaintiff was a comedy writers’ assistant who worked on the production of a popular television show called Friends.

The show revolved around a group of young, sexually active adults, featured adult-oriented sexual humor, and typically relied on sexual and anatomical language, innuendo, wordplay, and physical gestures to convey its humor
The writers regularly discussed their preferences in women and sex in general, including preferences for blonde women, a certain bra cup size, “get[ting] right to sex” and not “mess[ing] around with too much foreplay," and sexually graphic drawings of female anatomy during meetings. None of it was directed at plaintiff.
WHAT RESULT?
Not severe or pervasive

Sexual jokes, innuendos were a part of the workplace
So What are We Talking About?
Altering Conditions

Work or school performance suffers
Emotional or physical discomfort at work or school
Victim dreads coming to work or school
Look at the totality of the circumstances
From the perspective of the "reasonable man" or "reasonable woman"
Hostile Environment Harassment
What to Look For
Bonus Question
What is the first thing you should you do if you suspect discrimination or harassment is occurring?
Physical conduct
Nonverbal conduct
Verbal conduct
Electronic conduct
Abusive / Bullying conduct
Asking for dates or sexual contact

Telling sexual stories
Electronic Communications and Conduct
E-mail
Text messaging
Social Media
Blogs and websites
Test:
If you said it in person, would it be offensive?
Who Is Protected?
Faculty
Staff
Colleagues
Students
Public
Contractors
All groups have the right to a work and an educational environment free of harassment, discrimination, and bullying
What Should You Do When Facing Discrimination or Harassment?
Making a Report
Contact Jaynie Ishikawa in the Office of Staff and Student Diversity

(Mandatory)

Contact Campus Police if you need immediate assistance
Do Not Attempt to Conduct Your Own Investigation!
Filing a Discrimination Complaint
Discrimination and harassment are prohibited

Complaints of discrimination should be made in the Office of Staff and Student Diversity

Forms are available online
ALL COMPLAINTS WILL BE INVESTIGATED
Retaliation is Prohibited
All parties involved…accused, witnesses, cautioned against any conduct or statement that could be construed as retaliation against the complainant for filing the complaint.
Complaints alleging retaliation are treated in the same manner as complaints of harassment and discrimination.

Retaliation prohibited under same laws prohibiting harassment and discrimination

Office of Staff and Student Diversity
http://www.elcamino.edu/administration/hr/diversity/

Jaynie Ishikawa
jcishikawa@elcamino.edu
Extension 3813

Board Policies on Discrimination


http://www.elcamino.edu/administration/board/policies.asp

Dept. of Ed., Office for Civil Rights

http://www2.ed.gov/ocr

Dept. of Fair Employment & Housing (DFEH)

http://www.dfeh.ca.gov

What is Title IX?
Title IX prohibits any person at El Camino College from being:

Excluded from participation in,
Denied the benefits of, or
Subjected to discrimination with respect to

Any educational program or activity on the basis of sex/gender.

What can you do if you feel harassed?
Say you do not like it and ask the person to stop.

Tell your supervisor or Office of Staff and Student Diversity

If the conduct is repeated it can become a violation and the offender can be advised of this.
Keep a log or diary of the conduct, including dates, times, witnesses, direct quotes, and any documents or photographs.

Summary of Options for Addressing
Discrimination and Harassment
Speak directly to the harasser
Speak to your supervisor or Human
Resources



File a complaint with a law enforcement,
state, or federal agency
File a formal complaint with Human Resources
Please complete your
"Discrimination/Harassment in the Workplace Pre-Test"
Abusive Conduct & Bullying
Government Code 12950.1(g)(2):
May include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.
A single act does not constitute abusive conduct, unless especially severe and egregious.
What is Title IX?
Protections of Title IX go far beyond sports programs.
Title IX also prohibits harassment based on sex, sexual assault or rape, as these are legally considered forms of unlawful discrimination on the basis of gender.
What is Title IX?
How Title IX Works
Students
• Admissions
• Scholarships and
tuition assistance
• Courses and
other educational
activities
• Career guidance and
counseling activities
• Financial Aid
• Health and insurance
benefits
• Scholastic, intercollegiate,
club or intramural athletics
• Off-campus experiences/activities/Internships

Employees and Staff
• Selection
• Hiring
• Compensation
• Benefits
• Job assignments and
classification
• Promotions and
demotions
• Tenure
• Training
• Transfers
• Leave
• Layoffs
• Termination

Role of the Title IX
Coordinator
As a direct and indirect recipient of federal education funding, El Camino College is subject to Title IX, and must follow and enforce all Title IX rules and regulations.
Abusive Conduct & Bullying
Title IX
Title IX also proscribes “bullying” or unfair treatment on the basis failure to conform to gender stereotypes, sexual preference, or any kind of different treatment based on sex or gender. It can also protect pregnant and parenting students and employees, as well.
What should you do if someone tells you they feel like they are being harassed?
Does it matter if the person is a student, co-worker, or member of the public?
Do you have to do anything?
What if you notice someone else being harassed?
Think, Pair, and Share
Questions?
But it is also very important!
WHY?
Think, Pair, and Share
What are the Applicable Nondiscrimination Laws and Regulations?
What "Groups" are Protected?
Race
Gender
Color
Religious
Creed
National
Origin
Disability
Age
Sexual Orientation
Genetics
Title VII
Americans with Disabilities Act (ADA)
Fair Employment and Housing Act (FEHA)
Title IX
Education Code
District Selection Procedures

Exercise
What are some "protected classifications"?
Who is protected by nondiscrimination law?
Those in a "protected classification"

Those with perceived characteristics that would be protected

Those who are subjected to discrimination as a result of association with a person in a protected class
What are the Applicable Nondiscrimination Laws and Regulations?
Employment Discrimination includes:

Refusal to hire
Rejection from training programs
Discharge on from employment or training programs
Any decision affecting compensation, terms, conditions, privileges of employment

On the basis of a protected status
Full transcript