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Anti-harassment Anti-discrimination

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on 5 February 2014

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Transcript of Anti-harassment Anti-discrimination

Anti-Harassment & Anti-Discrimination
Required Training for all Employees

Training Objectives
Increased awareness about sexual harassment and discrimination in the workplace.
Explain Contrax' policy prohibiting sexual harassment and discrimination.
Prevent sexual harassment and discrimination from occurring.
Provide guidelines for addressing sexual harassment and discrimination.
General Information
To be harassed the behavior must be unwanted or unwelcomed.
Typically, the personal engaging in harassing behavior is often in a position of power, influence, or authority over the individual toward whom the conduct is directed.
Questionable conduct is more likely harassment if it is repeated.
Sexual harassment can occur between people of the same sex even though neither is sexually attracted to the same sex.
Contrax Policy on Sexual Harassment
Contrax is committed to providing a professional work environment.
Consensual Relationships
Consensual relationships in the workplace require caution. Relationships that begin as consensual may end up being perceived as having been coerced. This is especially true between supervisors and subordinates.

Employees romantically involved who are in a subordinate-supervisor workplace relationship must immediately report it to their manager or Human Resources.
Contrax encourages employees to bring questions or concerns about any type of perceived discrimination or harassment int he workplace to the attention of their immediate manager or Human Resources.
Complaint Procedure
Quiz Continued...
Behaviors that qualify as sexual harassment can range from lewd remarks or gestures, unwanted sexual attention and jokes of a sexual nature to stalking and sexual assault.

Inappropriate physical contact is:
Purposeful touching or cornering,
Forceful neck massages,
Intentional and repeated brushing against someone.
Sexual Harassment: Hostile Work Environment

Repeated and derogatory remarks about any protected class.
Repeated unwelcomed sexual attention, comments, and questions regarding an individual's sexuality or sex life.
Inappropriate jokes, comments, or stories.
Inappropriate images/photos displayed.
Additional examples: Hostile Work Environment
Sexual Harassment: Third Party
Sexual harassment can also occur to a third party not directly involved in the inappropriate discussions or touching.
Another individual may feel uncomfortable and thereby subject to sexual harassment just by overhearing or being around inappropriate discussions or touching, overhearing inappropriate jokes or comments.
Warning Signs
There will be no discrimination or retaliation against any individual who files a good faith complaint, even if the investigation produces insufficient evidence to support the complaint.
There will be no discrimination or retaliation against any individual who participates in the investigation of a complaint.
All employees are expected to be truthful and forthcoming with information relevant to the investigation.
Any employee who believes that he or she is being harassed or discriminated against by an employee of Contrax should promptly report the incident to their manager.

If an employee is not comfortable talking to their manager, the complaint should be reported to Human Resources.
All complaints will be taken seriously and investigated fully.
Contrax will conduct the investigation confidentially.
All employees involved in the investigation are not permitted to discuss the investigation.
After an investigation has been conducted and if sexual harassment or discrimination is found, the offending employee may be:
Demoted
Moved to anther location/department
Formally warned/counseled
Placed on probation
Retrained on the subject
Terminated
Anyone found to be engaging in unlawful discrimination or retaliation against someone complaining of harassment will be subject to disciplinary action, which may include termination of employment.
Disciplinary action, including termination of employee, will also be taken against those who make false or frivolous accusations.
What is harassment?
Harassment = Discrimination
What is Sexual Harassment?
Requests for sexual favors in exchange for preferential treatment as well as workplace conditions that create a hostile environment for persons of either gender constitute sexual harassment.
There are 2 types of Sexual Harassment:
1. Hostile Work Environment
2. Quid Pro Quo
Sexual Harassment: Hostile Work Environment
Sexual harassment is any behavior that is offensive to a reasonable person involving sexual overtures or conduct.
Can be physical or verbal
The behavior is unwelcomed
Such conduct has the purpose or effect of reasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
In the employment and legal context, harassment is defined as conduct or actions based on race, religion, sex, national origin, age, disability, genetic information, military membership or veteran status, severe or pervasive enough to create a hostile, abusive, or intimidating work environment for a reasonable person.
Sexual Harassment: Quid Pro Quo
Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment.
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual.
Being asked to respond sexually with the direct or indirect implication that the person's work condition will improve if compliance is given or punished if not.
Examples of Sexual Harassment: Quid Pro Quo
Suggestion by supervisor/manager that sexual involvement with him/her would improve the employee's chance for a promotion or continuation of employment.

Example: "going out with me could influence my decision in promoting you to the management position that you are interested in.'
Behaviors from Managers/Co-workers...

Hostility between coworkers
Lack of friendship amongst co-workers
Complaints regarding the actions of the opposite sexes
Employees who act defensively or angrily toward the opposite sex
Avoided glances or murmurs when the opposite sex walks past them
Job loss if sexual advances are not met
Appropriate Behaviors
Contrax is committed to providing a professional work environment.

We expect all of our employees to uphold the Contrax values in all of their conversations and actvities.
Compliments pertaining to one's work performance.
Lunch or dinner meetings that are voluntary and pertain to work.
Harassment is a form of discrimination that violates federal law.
Sexual harassment is a violation of both state and federal laws.
Employment discrimination is illegal under Title VII of the Civil Rights Act which prohibits employment decisions based on race, sex or gender, color, national origin, religion, age or other other statuses.
It is illegal to discriminate on the basis of gender.
Contrax strictly prohibits discriminatory and harassing practices, including sexual harassment, racial or sexual discrimination.

Any harassment or discrimination, whether verbal, physical, or environmental is unacceptable and will not be tolerated, whether it occurs at the workplace or at work-sponsored events.
This policy applies whether related to conduct toward other Contrax employees or toward someone who is not directly related to Contrax, such as a customer or vendor.
Employees may raise concerns without fear of reprisal or retaliation.
Complaints will be kept confidential as much as possible - only involved parties and Executive Management will be communicated with.

Complaint Procedures
Complaint Procedures
Investigation
Disciplinary Actions
Disciplinary Actions
8) Contrax' sexual harassment policy only applies to Contrax employees.
False: The policy applies to Contrax employees but also applies to all relationships in the work environment, including customers and vendors. Employees are not permitted to sexually harass third parties and Contrax prohibits third parties, such as customers, sexually harassing employees.
9) Employees are expected to be truthful when making a complaint of sexual harassment or discrimination or when asked about an incident during an investigation.
True: All employees, whether the person complaining, the accused as a witness, must be honest and forthcoming during an investigation. Contrax will conduct all investigations with discretion.
10) Sexual harassment can also occur to a third party not directly involved in the inappropriate sexual discussions or behavior.
True: As a witness to inappropriate sexual or discriminating workplace behavior, another employee may be uncomfortable and thereby subject to harassment.
Please sign your acknowledgement form to confirm you have received this training. Please send the signed form to Human Resources for safe keeping.
5) Sexual harassment can occur when both the harasser and victim are the same sex even if neither party is sexually attracted to members of the his/her gender.
True: Sexual harassment does not only occur between persons of the opposite sex. Sex harassment does not depend on whether either party is motivated by sexual attraction to others of the same gender. A heterosexual female may sexual harass another female if the conduct is unwelcomed, sexual nature and adversely affects the employment status or environment of the victim.
True: Even though instances of sexual harassment most often involves a power differential, it is not necessary for the harasser to have more power or authority than the victim. A staff member can create a hostile environment for his/her supervisor.
7) If you believe you have been sexually harassed, you need to personally confront the harasser to give him/her a chance to correct the behavior before reporting the conduct to management or Human Resources.
False: There is no requirement that a person who has been harassed personally confront the harasser with objections to the conduct. Concerns should be immediately reported to management or Human Resources.
Quiz Continued...
A Short Quiz: True or False
1) Sexual harassment means pursuing someone in a sexual way?
True - Sexual harassment is any unwanted act or behavior that is sexual in nature that negatively affects the recipients work environment. However, if the conduct is not sexual in nature, it may be another form of harassment or discrimination (i.e., race, color, religion, national origin, age, disability, sexual orientation, or any protected activity under anti-discrimination statues).
2) Contrax' policy against sexual harassment only addresses instances of unwanted sexual attention that takes place on Contrax premises.
False - Contrax is not the only place where sexual harassment can take place. It can occur anywhere. Contrax policy applies to the behavior of it's employees whenever and wherever their conduct negatively impacts the working environment.
3) Sexual harassment must persist over a long period of time to be considered actionable.
False - a single incident can be considered sexual harassment. Harassment can occur in only one incident as can hostile environment sexual harassment if the single incident is severe enough, however repeated actions are more likely to be considered harassment.
4) A consensual sexual relationship between two people cannot be deemed sexual harassment.
False - the issue is not one of consent. The issue is whether the advances are welcomed. One may consent and yet not welcome the advances. In situations involving two people of unequal status, a subordinate may be unable to refuse sexual advances due to fear of retaliation.
6) Sexual harassment can be perpetrated by a subordinate against his or her supervisor.
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