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HR - Greater Hudson - MANAGERS Anti-Harassment

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Transcript of HR - Greater Hudson - MANAGERS Anti-Harassment

PREVENTING WORKPLACE HARASSMENT
Photo
Did Mary Manager do the right thing?
Always comply with your Anti-Harassment Policy.
10.
IN YOUR WORKPLACE FOR MANAGERS
Melissa Fleischer, Esq.
HR Learning Center LLC
www.hrlearningcenter.com
info@hrlearningcenter.com
914-417-1715
PREVENTING HARASSMENT
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
WHAT YOU NEED TO KNOW
LEGAL COMPLIANCE
POLICIES
TRAINING
1.
Comply with your heightened responsibilities as a Manager.
2.
Your actions can make you personally responsible under your state’s law.
3.
Don’t abuse your power as a manager to seek sexual favors.
4.
5.
Don’t have romantic relationships in the workplace.
6.
Same-Sex Harassment is Still Sexual Harassment.
Recognize that Workplace Harassment is Not Just “Sexual” Harassment.
7.
Be Aware of Harassment in the 21st Century: Virtual Harassment.
8.
9.
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
Keep harassment complaints confidential and Don’t retaliate against an employee for harassment complaints.
TOP 10 TIPS
For Preventing Harassment in your Workplace
Don’t meet with a subordinate alone with the door closed and don’t discipline a subordinate alone-have HR present.
RESPONSIBILITIES AS A MANAGER
Implement and enforce Anti-Harassment policy
Act as a role model and not engage in any activity in violation of Anti-Harassment Policy
Report any activity in violation of Policy
Keep complaints confidential
Not retaliate in any way
Required to:
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I am just a manager here, what does this have to do with me?
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The Workplace is
Not Your Home or a Bar

WORKPLACE BEHAVIOR
Be respectful

Do not make jokes about race, religion, national origin, disability, sexual orientation, sex, pregnancy, etc.

Do not make others feel uncomfortable

Do not have conversations about sex

Do not make mistake of thinking we are friends so it is “OK”

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REPORTING HARASSMENT
Investigate
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Respond
Report
Report any activity in violation of Policy
Employees Will Report Harassment Experience or Witness to Manager or HR
REPORT
Report to:
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CASE SCENARIO
HR calls you up and tells you to come see them at 3pm today
You show up and they tell you they are conducting an investigation into a claim that Susie made where she was uncomfortable about certain jokes employees like Rick and Jim had been making around her regarding her religion.
HR asks you whether you heard any of these jokes?
Can you say:
"Rick and Jim are my friends and I am not going to answer?"
No,
As a manager you have obligation to participate in any workplace investigation
Every employee has a right to work in a
harassment-free environment

Managers Have a
Heightened Responsibility
with regard to Harassment
Be a role model for their employees and not engage in any harassment themselves

Report any harassment they witness or become aware of
MANAGERS MUST:
TIP #1
Prevent Harassment in your Workplace
Managers
can be held personally liable

for harassment or discrimination under state law

You may have to
pay out of your own pocket
any damage award

Fed Ex Case

Manager who harassed Lebanese drivers by making racial comments held personally liable
for One Million Dollars
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
PREVENTION:
To prevent incidents from occurring.
Why Do We Need To Do
ANTI-HARASSMENT TRAINING?
Once managers know what is prohibited:
They will not engage in such behavior
Managers are held to a higher standard and are expected to be a role model for their employees

They will be more sensitive to issues that could lead to claims of harassment

© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
$34 Million
Mitsubishi Settlement

$61 Million
Fed Ex Case

$11.6 Million
Anucha Brown Saunders vs. Isiah Thomas and Madison Square Garden

$95 Million
against Aarons, Inc. in Illinois sexual harassment case

Large Damage Awards
PROTECTION
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© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
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LEGAL COMPLIANCE
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Age
Alienage
Color
Citizenship
Disability
Sex
Race
Religion
Sexual Orientation
Military Status
Marital Status
National Origin
Genetic Information
Victim of Domestic Violence
Nursing Mother
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PROHIBIT HARASSMENT?
Title VII-Prohibits Discrimination based upon:
FEDERAL LAW
Sex
Race
Color
National Origin
Religion
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Prohibits Discrimination Based upon:
NYS HUMAN RIGHTS LAW
Race
Color
Creed
Age 18+
Marital status
Sex
Religion
Sexual Orientation
Disability
Military Status
Alienage or Citizenship
National Origin
Genetic Predisposition
or CarrierStatus
or CarrierStatus
Harassment also Violates your Policy
Even if harassment does not rise to the level needed to prove a claim of harassment in a law suit, it may still violate your Anti-Harassment Policy.
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
What Federal Laws
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DISCLAIMER
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
This document has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific questions or issues that may impose additional obligations on you and your company under any applicable local, state or federal laws. The Seminar Handout is a sample only and is not to be used for any actual training. It is designed to be used by the County to evaluate HR Learning Center’s Training Materials. It is designed to provide accurate and authoritative information in regard to the subject matter covered. However, because of unanticipated changes in governing statutes and case law relating to the application of any information contained in this handout, the author, publisher, and any and all persons or entities involved in any way with the preparation, publication or distribution of this handout disclaim all responsibility for the legal effects or consequences of any document prepared or action taken in reliance upon information contained in this book. If legal advice or other expert assistance is required, please consult an attorney in your jurisdiction.
The material contained in this seminar handout is copyrighted proprietary material and it only for personal use on the day of training and reference only, and is not to be copied, distributed, shared with others or used for any other reason without the express written consent of HR Learning Center LLC.
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
TWO KINDS OF
Workplace Harassment
EXISTS WHEN THERE ARE :
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment

or

Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual
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Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature and:
Sexual Harassment
QUID PRO QUO
Such conduct has the:
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PURPOSE
EFFECT
OR
Of
unreasonably interfering
with an individual’s:
TIP #2
Legal Liability of Managers
PROTECTION:
What is a Protected Class?
WHAT IS HARASSMENT?
Not treating others with respect. Making them feel uncomfortable based on their “protected class”
PROHIBIT HARASSMENT?
What State Laws
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CASE SCENARIO
Jane and Jim are both co-workers who work for your bank.
Neither is a manager or supervisor.
If Jane asks Jim out for a drink and over to her apartment afterwards and implies that if he does not go, he may as
well look for a new job.
Is this harassment?
Should Jim be worried that he will be out of a job?
No
, Jim should not be worried he will lose job.
Jane is not his manager
and therefore, she does not have the power to fire him.
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PREVENTING WORKPLACE HARASSMENT
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Quid pro quo must involve a manager:
Only a manager can carry out the threat and actually fire or demote the individual
Might be hostile work environment
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Quid Pro Quo
This-For-That:
Sleep with me or you will be fired
Exchange of job, etc., for sexual favors
Can be a one-time event
TIP #3
Report Harassment you Experience or Witness Immediately
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Best Protection is to avoid circumstances in which an employee can claim you said
“sleep with me or you will be fired."
TIP #4
Don’t Meet With a Subordinate Alone in your Office and Don’t Discipline Without HR Present
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
Important to have HR present both as a witness and to prevent an employee from claiming harassment
TIP #5
Don't Have Romantic Relationships in the Office
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CASE SCENARIO
Sarah is from India and wears a Bindi on her forehead, a religious marking that Hindu’s wear.
Sam and Bob are constantly making fun of her for wearing this and making her feel uncomfortable with jokes, comments and text messages.
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CASE SCENARIO
Jane and Joe work together at your company.
Jane thinks Joe is cute and asks him on a date to go to Joe’s favorite restaurant. Joe says yes because he loves a free dinner and thinks Jane is pretty cute too.
Is this harassment?
If so, what kind?
Not harassment
because not unwelcome
Essential element of either type of harassment is unwelcomeness
If consensual and voluntary, then not unwelcome
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
CASE SCENARIO
Jim, the top VP at your organization likes to hit on young inexperienced employees.
A new employee, Sally, starts working as an administrative assistant at your organization. Jim comes on to Sally and tells Sally that if she does not sleep with him she will lose her job. Sally is afraid of losing her job so she sleeps with him. They have sex many times often at work.
Is this harassment?
If so, what kind?
It is quid pro quo harassment
Was Unwelcome
Consent was coerced
Actual case
Vincent vs. Meritor Savings
Sarah does not want to rock the boat and even though she attended our training and knows how to file a complaint with HR, she does not do so.
EXISTS WHEN THERE ARE :
Hostile Work Environment Harassment can be based on any protected class under federal, state or local law such as:
Sex
Race
Color
Marital Status
Disability
Age
National Origin
National Origin
Sexual Orientation
Religious Creed
© 2017 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
CASE SCENARIO
Few employees are sitting around talking after staff meeting. They make age-related jokes about upper management “Prehistoric, like dinosaurs” “We need to get some new young blood in here”
HR talks to you and your defense is:
“It was only a joke and we did not intend to offend anyone”
Is that a valid defense?
Intent is Irrelevant;
It is effect that matters
Courts use a reasonable person standard
If reasonable person who overheard jokes or saw e-mail or text would have been offended, that is enough to create hostile work environment harassment

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1
2
3
4
Demonstrating to all employees we take harassment complaints seriously and that we have zero-tolerance for harassment
Making it clear that there is no retaliation against any employee for filing complaint
Conducting a prompt, thorough and impartial investigation
Taking prompt, corrective action that can include discipline, up to and including, termination.
TRAINING
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No,
As a manager you have obligation to participate in any workplace investigation
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MANAGER'S DUTIES
Work performance

Or creating an intimidating, hostile or offensive working environment

UNLAWFUL HARASSMENT
Requirements for Actions to
CONSTITUTE HARASSMENT
CONDUCT MUST EITHER:
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Be unwelcome

Interfere with work performance

Create an intimidating, hostile or offensive environment
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CONDUCT MUST:
Requirements for Actions to
CONSTITUTE HARASSMENT
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How Can a Hostile Work Environment
BE CREATED?
Visually
Physically
Verbally
VERBAL:
PHYSICAL:
VISUAL:
Looking in a sexually suggestive way
E-Mail
Displaying off-color pictures or cartoons
Text messages
Computer graphics
Grabbing
Suggestive gestures
Touching of hands, hair
Continually asking for date
Off-color jokes
Sexual jokes
Innuendos
Voice mail
Don’t fail to recognize and respond if employees complain of same-sex harassment
TIP #6
Don’t Fail to Recognize that Same-Sex Harassment is Still Sexual Harassment
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EEOC v. Cheesecake Factory, Inc
EEOC charged that six male employees subjected to a hostile work environment by other male employees

The men suffered sexually abusive behavior

The EEOC claimed that Managers witnessed harassment and did nothing

Employees’ complaints to all levels of management were ignored

Cheesecake Factory agreed to pay
$345,000 to settle case
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Yahoo Same-Sex Harassment Case
Former female software engineer at Yahoo, Nan Shi
July 2014
Sued alleging sexual harassment
Former supervisor, Maria Zhang
Senior director of engineering at Yahoo
Shi alleged that her supervisor "coerced" her to have sex many times against her will
Manager promised Shi a "bright future" at Yahoo,
Manager also allegedly threatened that she could "take everything away from her“
Shi rejected the manager’s sexual advances
Alleged given poor performance reviews and worse work assignments

Federal Law
TIP #7
Recognize that Workplace Harassment is Not Just “Sexual” Harassment
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Race
Religion
Gender Identity
Sexual Orientation
National Origin
Genetic Information
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TYPES OF HWE HARASSMENT
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Fed Ex Case
Drivers were harassed by a Manager
Manager called them “terrorists”, “camel jockeys” and other racial epithets

Court held these comments created a hostile work environment based on race and national origin
Jury Awarded $61 Million to two FedEx drivers of Lebanese Descent
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Honda Dealership Case
Held: Hostile Work Environment based upon national origin and religion
Managers implied Indian and Muslim employee had participated in 9/11. Managers called him “Taliban” whenever they saw him

“Why don’t you go back where you came from since you believe what you believe”

Managers mocked his dietary needs and his need to pray during the workday.

Referred to him as an Arab even though he told them he was from India
Manager himself was personally liable and ordered to pay $1 Million Dollars to the drivers
Asking about personal life
Excluding from meetings or refusing to train
Spreading rumors
Use of derogatory or insulting terms
Treating women in an inferior manner
Stealing, vandalizing property
Ostracizing or segregating
Making disparaging comments
Intimidating
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That can Create a Hostile Work Environment
OTHER CONDUCT
Treating Any Employee In An Inferior Manner Based Upon the Employee’s Protected Class
Brett Favre
Louis C.K.
MATT LAUER
DUSTIN HOFFMAN
KEVIN SPACEY
DAVID LETTERMAN
Clarence Thomas
Al Gore
HARVEY WEINSTEIN
Conduct Must be:
"Severe & Pervasive"
Creating a
HOSTILE WORK ENVIRONMENT
Degree of Offensiveness
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Context
Frequency of Encounters
TIP #8
Be Aware of Harassment in the 21st Century:
Virtual Harassment
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CASE SCENARIO
Your employee Fran was at home one night and reported that her manager sent her numerous text messages requesting sex with her. He also sent her other text messages that were pretty much X-rated. She is upset and comes to you to complain.
What do you do?
Tell her you will report to HR and she should do the same.

It is Irrelevant that it happened after hours.

It is Irrelevant that it happened while manager and Fran were not at work.
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What do you do?
Is this conduct that violates your policy since it happened after work hours at night?

Is this conduct that violates your policy since the manager was not at work and Fran was not at work when it occurred?
?
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LA Fitness Case
3 managers drinking at bar sent her 11 text messages starting at 12:40am

Managers asked her for sex and told her they would like to perform various X-rated acts. Texts included highly sexual terms and slang
She reported it to management and HR and was ignored and ultimately fired

She sued in court in Oregon
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Hooters Texting Case
Fort Lauderdale, FL
Hooters waitress was sent by her manager numerous explicit text messages and photos

She sued Hooters for Sexual Harassment
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Famous Dave's Texting Case
Four Famous Dave’s waitresses received text messages from their supervisor asking for sexual favors

Sued Famous Dave’s for sexual harassment
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WWE Texting Case
West Virginia
Connecticut Case
Former World Wrestling Entertainment employee alleged she was sexually harassed by a married senior director

Alleged that director sent her late night text messages and phone calls
CASE SCENARIO
A group of your employees who are friends go out drinking to a bar after work.

Two male employees have a few too many and inappropriately touch a female employee. They also make sexually offensive and inappropriate comments to her.
Does your policy still apply?
Yes, your policies still apply:
Even if with friends, you are co-workers first and friends second
Still must comply with Anti-Harassment Policy
Actual case involving investment bankers at JP Morgan Chase
The two male investment bankers lost their jobs
She does not complain but someone else drinking with them complains.

Is this harassment since it did not happen at work, or at a company sponsored event?

It was just a group of friends having some beers after work. Do your policies still apply?
Where does Anti-Harassment
POLICY APPLY?
Applies everywhere you are doing your job or interacting with others in workplace including co-workers, managers, etc.

Applies even if interaction with others is virtual via text, e-mail or posted on social media

Holiday Parties

Business Trips

White Water Rafting Trip

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CASE SCENARIO
You go on-site to a client’s office for a business meeting.
While you are there, the client repeatedly makes sexual comments that make you feel uncomfortable.

He/She uses inappropriate language and attempts to kiss you. You are upset and leave.

What should you do?
Could this be harassment?
This person does not work for your organization so does HR have anything to do with this? What do you think?
CASE SCENARIO
Assume it was a great year for you this year, you had a huge holiday party at The Plaza with no spouses and lots of liquor.

Joe, one of your managers has a few too many and approached Sally an employee and inappropriately touched her rear end. He then made comments about how great she looked. He then went further and took her nametag off of her and purposely dropped it down her cleavage
Holiday Party Cases
Would this violate your Anti-Harassment Policy?

It happened at a party not at work?

Does your policy still apply?
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Harassment during Holiday Party
Manager approached an employee and inappropriately touched her rear end while commenting on how good she looked

He then went further and took her nametag off of her and purposely dropped it down her cleavage

The manager did not stop there but in fact constantly continued to pursue the employee throughout the entire party grabbing her and making inappropriate and offensive sexual comments towards her.
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EEOC v. Rose Casual Dining, L.P.,
Harassment during Holiday Party
Stathatos v. Gala Resources, LLC
Harassment during Holiday Party
Carver v. Waste Connections of TN, Inc.
Harassment during Holiday Party
Russ v. Van Scoyoc Associates, Inc.
During an office holiday party, one of the organization’s clients became aggressive toward a female employee

He touched and grabbed her repeatedly and then continued to go after her all night.

When the employee asked for help, she was teased and no one helped her.

The court held in response to her complaint for sexual harassment that these facts were sufficient to overcome defendant’s motion for summary judgment.
Employee alleged she was sexually harassed by her manager after a holiday party

They were back at that manager’s house and a group of employees were doing a gift exchange

She alleged that many of the gifts were of a sexual nature, including edible underwear and a blow-up doll
Several employees got very drunk during a holiday office party

After the party, some employees went to another bar to continue socializing

Supervisor made some sexually explicit and offensive remarks to a female employee telling her that he admired her breasts, that he wanted to have sex with her, that he wanted to perform oral sex upon her, and that she could make more money working at Hooters than at the company.”

She sued for sexual harassment and won
Who Can Create a
HOSTILE WORK ENVIRONMENT?
Supervisors
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Co-Workers
Vendors or Bank Customers
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CASE SCENARIO
A group of your employees who are friends go out drinking to a bar after work.

Two male employees have a few too many and inappropriately touch a female employee. They also make sexually offensive and inappropriate comments to her.
Does your policy still apply?
Yes, your policies still apply:
Even if with friends, you are co-workers first and friends second
Still must comply with Anti-Harassment Policy
Actual case involving investment bankers at JP Morgan Chase
The two male investment bankers lost their jobs
She does not complain but someone else drinking with them complains.

Is this harassment since it did not happen at work, or at a company sponsored event?

It was just a group of friends having some beers after work. Do your policies still apply?
CASE SCENARIO
Peggy feels she has been harassed by her co-workers. She tells her new manager, Mary Manageroftheyear, all of the things that have been happening.

She begs Mary not to tell HR and she tells Mary that she is only telling her this to get it off her chest but emphasizes that she does not want to file a formal complaint or do anything about it.

Mary understands how she feels. Mary agrees not to tell anyone.
No, Mary did not do the right thing.
Mary has legal obligation to report it to HR:
She cannot keep it to herself and not report it
Once Peggy states she has a complaint, even if Peggy does not want to file complaint, Mary must report it
Not Peggy’s decision anymore
Once employer knows, must investigate and stop harassment
Employer is Not liable for Harassment Between Co-Workers Unless it Knew or Should Have Known About the Conduct and Failed to Stop it.
Harassment Between Co-Workers
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Standards of Liability in
HARASSMENT CASES
Employer is Vicariously Liable for Sexual Harassment by Supervisor with Immediate (or Successively Higher) Authority over Employee.

Employer May Raise Affirmative Defense and Possibly Avoid Liability and Damages if Supervisor Does Not Take Any Tangible Employment Action Against Employee.

Employer is Always Liable When Supervisor Takes A Tangible Employment Action Against Employee, Such As Demotion or Firing.

Harassment By Supervisor
HOSTILE WORK ENVIRONMENT
Unwelcome sexual advances

Requests for sexual favors

Other verbal or physical conduct of a sexual nature
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
Hostile Work Environment sexual harassment exists when there are:
Employee's Unreasonable Failure to Take Advantage of
PREVENTATIVE MEASURES
Proof that employee unreasonably failed to use complaint procedure

Employer must clearly demonstrate no retaliation so employee does not avoid complaining due to reasonable fear of retaliation

If complaint procedure only allows employee to complain to immediate supervisor, employee may be able to show did not complain because of this.

Burden of proof is on employer to show that employee’s failure was unreasonable
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Policy must be distributed to all employees.

All employees must sign acknowledgment form that they received Policy.
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Having a Policy Alone is
NOT ENOUGH
Ensure that Managers Enforce Policy by:
Cannot Promise Complete Confidentiality

“Need to Know” Basis

Only People Involved in the Investigation Should Know Identity of Those Involved
TIP #9
Keep Harassment Complaints Confidential and Don’t Retaliate
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Retaliation is prohibited against anyone who:
DON'T RETALIATE
Files a complaint of unlawful harassment

Participates in an investigation

Any manager who retaliates against an employee for complaining about harassment/discrimination and/or participating in an investigation will be disciplined
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Must be blind to the fact that they filed a complaint against you

Any action you take after they complained could be alleged to be retaliatory
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Your Obligations as a Manager:
Employee Files Complaint
AGAINST YOU
Documenting performance issues when you did not do so before the complaint

Threatening an employee because they complained or cooperated in an investigation

Transferring an employee because they complained or cooperated in an investigation

Giving an employee a poor performance review because they complained or cooperated in an investigation

Failing to give a raise or bonus because an employee complained or cooperated in an investigation

Not speaking to an employee because they complained or cooperated in an investigation
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Examples of
RETALIATION
Complaint and Investigation Process
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TYPICAL PROCESS:
Conducts a prompt, thorough and impartial investigation

Keeps complaint confidential to extent possible

Interviews
What Does HR Do Once it Receives a
HARASSMENT COMPLAINT?
Complainant
Accused
Witnesses at work
Supervisors of Complainant and Accused
Any other witnesses
REASONABLE CARE
Employer's Duty to Exercise
Establish, publicize and enforce anti-harassment policies and complaint procedure

Provide sexual harassment training to supervisors so they understand their responsibilities under the employer’s anti-harassment policy

Advise all supervisors that they must report any complaints of harassment to proper people

Provide sexual harassment training to employees so they understand how to make a complaint

If employer becomes aware of harassment i.e. graffiti, it should eliminate it even if no complaint

Keep records of all harassment complaints
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Affirmative Defense to Claim of
SEXUAL HARASSMENT
Prove that employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior.


Prove that employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to avoid harm otherwise.
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
May Need to Review:
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DOCUMENTARY
EVIDENCE
Communicate it to complainant and accused
HR will issue a decision
Personnel files

Manager’s desk files

Internal memo, e-mails, voice mails

Expense reports or other relevant documents

Computer hard-drive
Take Prompt Corrective Action
Depends on the circumstances

May be discipline, up to and including termination

May involve disciplinary warning or additional training
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What is
PROMPT CORRECTIVE ACTION?
TIP #10
Comply with your
Anti-Harassment Policy
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Inclusion of:
Policy Includes
EVERYTHING
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Definition of Quid pro Quo and HWE

Examples of conduct that violates policy

To whom policy applies

Where it applies

To whom to complain

Confidentiality

No Retaliation

Apply Policies Consistently
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
Prevent discrimination, harassment and/or retaliation in the workplace

Do not discriminate, harass or retaliate against others

Report any discrimination, harassment or retaliation you observe in the workplace to HR

Participate, facilitate and cooperate with all investigations

Failure to comply with these duties, may result in disciplinary action, up to and including discharge
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
CONCLUSION
When in doubt contact HR

Both the law and your Policy prohibit Sexual and Unlawful Harassment

No retaliation for reporting harassment or participating in an investigation
Managers have an even higher responsibility to prevent unlawful harassment than regular employees
Bill Clinton
Herman CANE
PAULA DEAN
Hostile Work Environment
Employees?
Managers?
Both Employees & Managers?
Who Do You Think Can Engage in Quid Pro Quo Harassment?
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© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
What Do These People Have in Common?
Could this affect her rights later on?
Yes,
it could
.
Here Sarah is being
harassed
by Sam and Bob creating a hostile work environment based on her national origin and religion

She must report it
Once she does, company must conduct prompt, thorough investigation
Take prompt corrective action
To protect workplace so remains harassment free

Protection from large damage awards
Quid Pro Quo
Answer
Yes, this would violate your Anti-Harassment Policy:
Even though it happened at a party not at work your policy would still apply
Sally should report to HR
HR should conduct investigation and take prompt corrective action
Answer
Anti-Harassment Policy
applies to non-employees as well as to employees, co-workers, managers and supervisors.
Anti-Harassment Policy
applies to clients, customers, vendors and others who come into your workplace.
Melissa Fleischer, Esq.
HR Learning Center LLC
914-417-1715
HRLearningCenter.com

Presented By:
QUESTIONS OR
COMMENTS?

Age Discrimination in Employment Act (“ADEA”)
Prohibits discrimination based upon
Age
Americans with Disabilities Act (“ADA/ADAAA”)
Prohibits discrimination based upon:
Disability
USERRA
Military Status
GINA

Prohibits discrimination based upon:
Genetic Information
Title VII-Prohibits Discrimination based upon:
FOR EMPLOYEES AND APPLICANTS WITH FEDERAL LAW
Sex
Race
Color
National Origin
Religion
Age Discrimination in Employment Act (“ADEA”)
Prohibits discrimination based upon:
Age
Americans with Disabilities Act (“ADA/ADAAA”)
Prohibits discrimination based upon::
Disability
USERRA
- Prohibits discrimination based upon
Military Status
GINA
Genetic Information
Your Supervisor
Any member of Management
HR
HR Director
Whistleblower Contact
Transgender Status
Gender dysphoria
Gender Identity
Prohibits Harassment based upon the following protected classes:
Westchester County
Race
Color
Religion
Ehnicity
Age
Familial status
Marital Status
Sexual Orientation
Disability
National Origin
Domestic violence
Gender
Alienage or citizenship
status
PROHIBIT HARASSMENT?
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Sexual abuse
What County Laws
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Do not abuse your power as a manager by requesting sexual favors or a romantic relationship.
This could be quid pro quo harassment
CASE SCENARIO
Susie is working as a teller in the Tarrytown branch. A customer walks up to her and starts hitting on her. He tells her she is very pretty. He asks her if she would go on a date with him. He then starts telling her intimate things he would like to happen sexually on that date
Answer
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
What Should Susie do?

This is just a customer of the bank
It is not an employee or manager
Should she report to HR or just ignore it?

What do you think?
?
REPORT TO HR
Anti-Harassment Policy applies to:
Non-employees as well as to
Employees
Co-workers
Managers/supervisors
Anti-Harassment Policy applies to:
Clients
Customers of the bank
Vendors
Others who come into your workplace
Harassment happens more frequently virtually than face to face

Virtual harassment also violates the bank’s anti-harassment policy
Employment Laws that Affect
Employees
Quid Pro Quo
Hostile Work Environment
Prompt Corrective Action
Retaliation
Your Policy
Conclusion
AGENDA
Only a Manager
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
Prohibits discrimination based upon:
Ultimately fired after complaining
Prohibits discrimination based upon:
Prohibits discrimination based upon
Did Mary Manager do the right thing?
Answer
CONFIDENTIAL AND PRIVILEGED INFORMATION
PROTECTED BY COPYRIGHT

© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
Part of your job duties
Cooperate in any discrimination, harassment or retaliation investigation
Cooperate in any Harassment Investigation
RESPOND
Same-sex harassment still constitutes sexual harassment.

It is still prohibited by the law and your policy.
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
Greater
Hudson Bank Anti-Harassment Policy
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
OBJECTIVE
Employees should be able to work and learn in a safe, yet stimulating atmosphere
Creating a work environment in which people are free from discrimination, harassment and retaliation
All employees and directors are covered by and are expected to comply with this policy and to take appropriate measures to ensure that prohibited conduct does not occur
No tolerance for:
Discrimination

Harassment

Retaliation
Appropriate disciplinary action will be taken against any employee or director who violates this policy

Disciplinary action may include verbal or written reprimand, suspension or termination of employment, depending on the circumstances.
Discrimination
Harassment
Sexual Harassment
Any employee that has experienced, witnessed or learned about unlawful harassment should report it as outlined in this policy
Greater Hudson Bank, in compliance with all applicable federal, state and local laws and regulations, enforces this policy in accordance with the following definitions and guidelines:
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
It is the policy of the Bank and its employees to comply with all applicable laws which prohibit discrimination because of a person’s actual or perceived:
Religion
Creed
Age
Sex
Race
National Origin
Ethnicity or ancestry
Citizenship
Pregnancy
Color
Alienage
Sexual orientation
Gender identity or expression
Military or veteran status
Disability
Marital status
Genetic information
Because of any other characteristic protected by federal, state, or local law, regulation or ordinance
Status as a victim of domestic violence
Family status
The Bank is an
Equal Opportunity Employer
At any time, any individual who feels
this policy has been violated should
immediately contact Human Resources
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
Greater Hudson Bank prohibits harassment of any kind, of any employee based on actual or perceived:
Religion
Creed
Age
Sex
Race
National Origin
Ethnicity or ancestry
Citizenship
Pregnancy
Color
Alienage
Sexual orientation
Gender identity or expression
Military or veteran status
Disability
Marital status
Genetic information
Because of any other characteristic protected by federal, state, or local law, regulation or ordinance
Status as a victim of domestic abuse
Family status
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
has the purpose or effect of creating an intimidating, hostile, or offensive working environment; or

has the purpose or effect of unreasonably interfering with an individual’s work performance; or

otherwise adversely affects an individual’s employment opportunities.
Examples of sexual harassment include:
Unwelcome sexual advances
Request for sexual favors
Obscene gestures
Displaying sexually graphic magazines, calendars, posters, or Internet sites
Sending sexually explicit e-mail, voice-mail, or other electronic transmissions,
Other verbal, non-verbal or physical conduct of a sexual nature
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It is unlawful and against the Bank’s policy to retaliate against an employee for making a sexual harassment complaint or for cooperating in an investigation

Information resulting from complaints filed under this procedure will be kept confidential by the Bank to the extent possible

Retaliation is also grounds for disciplinary action up to and including termination
Report the matter immediately to:
Greater Hudson Bank prohibits harassment of any kind, of any employee based on actual or perceived race, color, religion, creed, age, pregnancy, national origin, ethnicity or ancestry, citizenship, alienage, marital status, family status, sexual orientation, gender identity or expression, military or veteran status, disability, status as a victim of domestic violence, genetic information or predisposing genetic characteristics, or because of any other characteristic protected by federal, state, or local law, regulation or ordinance.
Unlawful Harassment
The Bank will promptly and thoroughly investigate the facts and circumstances of any claim of perceived harassment. Anyone, regardless of position or title, whom the Bank determines has engaged in unlawful harassment of any kind, will be subject to discipline up to and including being asked to leave the Bank.
Harassment Policy (cont.):
No one will be subject to, and the Bank prohibits, any form of discipline or retaliation for reporting incidents of unlawful harassment, pursuing any such claim, or cooperating in the investigation of such reports.
No Retaliation
Your Supervisor
Any member of management
HR
HR Director
Whistleblower Contact
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Complaint Process
Greater Hudson Bank will handle all complaints swiftly and confidentially to the extent possible in light of the need to take appropriate corrective action. Lodging a complaint will in no way be used against the employee or director or have an adverse impact on the individual’s employment or director status. Because of the damaging nature of harassment to the victims and to the entire workforce, employees or directors are strongly urged to use this procedure.
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
Complaint Procedure
Greater Hudson Bank has established the following procedure for reporting instances of alleged harassment, discrimination or retaliation.
An individual who feels harassed, discriminated or retaliated against should immediately report the matter to their supervisor, Human Resources or any other member of management with whom they feel comfortable or in the case that Human Resources is the target of the complaint, the Whistleblower Contact, William Mooney, office phone 914-948-3671 or email wmooney@westchester.org.

After receiving the report of alleged violations of this policy, the Bank will promptly conduct an investigation.

During the investigation, the HR Director or other appropriate investigator may interview the complainant, the respondent and any witnesses regarding the alleged conduct.

If it is determined that harassment or discrimination in violation of this policy has occurred, the HR Director or if applicable the Whistleblower Contact, William Mooney, will recommend appropriate disciplinary action.

If the investigation is inconclusive or if it is determined that there has been no violation of policy but potentially problematic conduct may have occurred, the HR Director or if applicable Whistleblower Contact, William Mooney, may recommend appropriate preventive action.
1.
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All reports will be promptly and thoroughly investigated
While it is not easy to define what harassment is, examples include verbal (including improper joking or teasing) or physical conduct that denigrates or shows hostility or aversion towards an individual because of these protected attributes, and that
has the purpose or effect of creating an intimidating, hostile or offensive working environment as defined by law, or

has the purpose or effect of unreasonably interfering with an individual’s work performance, or

otherwise adversely affects an individual’s employment opportunities
Harassment Policy:
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
For the known physical or mental limitations of a qualified applicant or employee
unless doing so would result in an undue hardship on the Bank

Arising out of an individual’s sincerely held religious beliefs or practices
This policy applies to all Bank activities:
Recruitment
Hiring (or failure to hire)
Compensation
Assignment
Training
Promotion
Transfer
Performance evaluation
Discipline
Discharge
The bank will make reasonable accommodations:
Harassment creates an offensive and unpleasant working environment by anyone, whether it be supervisors, other employees or customers
Consists of verbiage of a sexual nature, unwelcome sexual materials or even unwelcome physical contact as a regular part of the work environment
© 2018 HR LEARNING CENTER LLC ALL RIGHTS RESERVED
It is the Bank’s policy to prohibit harassment of any employee by a manager, supervisor, employee, client or visitor on the basis of sex or gender
Two types of sexual harassment:
Submission to harassment is used as the basis for employment decisions: Employee benefits such as raises, promotions and better working hours are directly linked to compliance with sexual advances
Quid Pro Quo
Hostile Work Environment
All employees should report any instances of unlawful harassment, whether the harassment is directed toward you or another employee and whether committed by a supervisor, fellow employee, or non-employee. Anyone who feels that he or she has been subjected to conduct which violates this policy, or anyone who witnesses conduct that they believe violates this policy, should immediately report the matter to their supervisor, Human Resources or any other member of management with whom they feel comfortable. All reports will be promptly and thoroughly investigated.
Harassment Policy (cont.):
Full transcript