Empowering excellence.TheEA.org

Preventing LGBT DiscriminationAdvocates for Basic Legal Equality, Inc.

Legal Aid of Western Ohio, Inc.

Presented By: Bob Bethel, SPHR, SHRM-SCPSeptember 10, 2015

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Preventing LGBT Discrimination

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•Defining Harassment and Discrimination•Intent vs. Impact•Providing Respect and Dignity•Regulatory Changes•Same Sex Marriage Impact on Employers•Types of Potentially Offending Behavior•Questions

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What is the Difference between Harassment and

Discrimination?

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Protected Classes

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Title VII, Civil Rights Act of 1964 (as amended since) prohibits employment discrimination and retaliation

based upon:

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Legal vs. Illegal Discrimination

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Title VII did not explicitly

include harassment until:

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•1986: Supreme Court says sexual harassment is prohibited by Title VII even if there is no direct financial damage

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What is harassment? (short version)

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The EEOC defines it as:

•Behavior that is Unwelcome, and Offensive

•Behavior that creates an intimidating or hostile work environment

If you remember just one thing from this training,

remember the “Un”

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Intent vs. Impact

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•Intent is not relevant in determining whether or not a behavior is harassment.

•Impact of the behavior on the work environment is all that matters.

•The statement, "I didn't mean anything by it," is not a valid defense of harassing or discriminatory behavior.

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Providing Respect and Dignity

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Special Treatment? – NO!Respectful Treatment? – YES!

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Providing Respect and Dignity

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Providing Dignity while Respecting Religious Freedom

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Regulatory Changes

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Regulatory Changes

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Private Employer Policies

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•91% of Fortune 500 Companies prohibit discrimination based on sexual orientation•61% of Fortunate 500 companies prohibit discrimination based on gender identity

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Same Sex Marriage Impact on Employers

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Types of potentially offending behavior

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The Connection between Bullying and Harassment

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The Connection between Bullying and Harassment

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• Constant and Unfair Criticism

• Social Bantering and Teasing

• Yelling, Shouting, and Screaming

• Insults and Behind-the-Back Putdowns

• Malicious Gossiping

• Monopolizing Supplies and Resources

• Aggressive e-mails and notes

• Overt threats and aggression

Bullying is now being recognized as unlawful, even though it does not involve a protected class.

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Impact on the Recipient and the

Workplace

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Costs to the employer include turnover, higher health care costs, low productivity,

absenteeism, low morale and retaliation that may reach levels of aggressive and violent

behavior.Above all, workplace bullying can make it

impossible for employers to reach the goal of treating all employees with respect and

dignity.

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Preventing LGBT Discrimination

Summary

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Empowering excellence.TheEA.org

Questions? Comments?

1787 Indian Wood Circle, Suite A Maumee, OH 43537 Phone: 419-893-3000 1-800-882-7042 Fax: 419-893-3001

Bob Bethel, SPHR, SHRM-SCPbbethel@employersassociation.com

(419) 410-7535; (419) 893-3000