Preventing Harassment and Preventing Harassment and Discrimination In The Discrimination In The

WorkplaceWorkplace

The Workplace Environment

Employee’s Role At Work

• UPT Harassment/Discrimination Policy

Definition of Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.

Definition of Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.

Key Sexual Harassment Concepts

• Unwelcome behavior (Subtle or Direct)– Voluntary

• Smile, giggle about it, but drives home

– Unwelcome• Drives home and thinks, I hate this—it bothers me

Key Sexual Harassment Concepts

• Immediately unwelcome– Inappropriate touching– Vulgar, obscene jester, pinching, sexual

offensive email

• Gradually unwelcome– Joke + Comment + Staring = Complaint

– Or –

– Date request + request + request = Complaint

Environmental Sexual Harassment

• Verbal– Speak, Sounds, Grunts, Groans– Terms of endearment– Code Words (them)– Derogatory Comments– Jokes

• Physical (Touch only for a business reason)– Hugging, Pinching, Brushing, Wearing sexually suggestive

clothing– Displaying sexually suggestive objects or pictures (calendars)

• Visual – Leering, staring at body parts• Sexual innuendos – words, statements, looks, sucking,

comments

Methods of Harassment/Discrimination

• Personal Contact• In Writing• By Telephone• E-Mail• Intranet• Internet• Faxing explicit or

suggestive materials, including cartoons

Types of Sexual Harassment Filed

• Hostile

• Quid Pro Quo

• Third Party

Hostile Environment

• Offensive• Unwanted • Unsolicited comments

and/or behaviors of a sexual nature

Quid Pro Quo

• Request for sexual favors in exchange for favorable employment decisions

• Only takes ONE incident of QPQ to prove sexual harassment in court.

Third Party Harassment

• Company is responsible for harassment by and to third parties

• Avoid being in situations or locations where third party harassment is likely to occur.

Harassment/Discrimination

Who does this cover?

Harassment/Discrimination

Who does this cover?• Applicants• Employees/co-workers• Customers• Temporary Employees• Visitors• Independent Operators• Vendors

Discrimination

It’s illegal if based on any of the following:

• Gender• Age• Race• National Origin• Religion• Sexual Orientation• Disability• Pregnancy

The ‘Reasonable PersonReasonable Person’ Standard

Definition—unreasonable to the average person in the protected class. The reasonable person is a hypothetical individual whose view of things is consulted in the process of making decisions of law, i.e., "How would a reasonable person act under the circumstances"

All employees are obligated to report Harassment

Report any incidents of actual or perceived harassment

Reporting Sexual Harassment

Reporting Sexual Harassment

• Why does Sexual harassment often go unreported?

• What should you do if someone comes to you?

• Notify your Manager, Contact HUMAN RESOURCES through:

• Oral Communication• E-mail• Letter/Memo/Note• Any other reasonable

means

Reporting Harassment

Q:

What specific information do I need to include in my report of harassment or suspected harassment?

• Date and Times of incidents

• Names of all involved• Detailed factual

description of harassment

• Names of all who could corroborate or refute the allegations

Reporting Harassment

Q:

When do I need to make a report of harassment or suspected harassment?

• All employees are required to confidentially advise Human Resources immediately after you become aware of a report of harassment or discrimination

Investigating Harassment

• UPT has a defined procedure for investigating allegations and making determinations.

• There is no such thing as an “off the Record” or “unofficial” complaint.

• Alleged incidents of harassment or discrimination will be kept as confidential as practical.

• Discussion of any aspect of a charge or investigation with any other person is prohibited.

Determinations

• What can be the outcome?– Discipline action– Termination

Retaliation

• Any act of retaliation against any employee who reports or participates in an investigation is not tolerated.

• Anyone found to have retaliated against another person will be subject to discipline, up to and including discharge.

False Claims

• Anyone found to have intentionally falsified a claim of harassment, or who lodges a claim for malicious or improper reasons is subject to immediate discipline up to and including discharge.

Bottom Line

• You should ______________ each other.

• If you wouldn’t do it in front of your ___________ don’t do it!!

Bottom Line

• You should __RESPECT____________ each other.

• If you wouldn’t do it in front of your __MOTHER_________ don’t do it!!