Preventing Unlawful HarassmentDiscrimination amp Retaliation

in the Workplace

October 22 2009

Christian Brothers ServicesRisk Management

2009 FALL WEBINAR SERIES

Opening PrayerOpening PrayerCreator God through your worldand people that surround us we

pray that we may grow more awarethis day of your life giving presenceOpen our minds and hearts to apply

the knowledge from todayrsquos webconference for the good of all We

ask these things in Jesusrsquo NameAmen

Creator God through your worldCreator God through your worldand people that surround us weand people that surround us we

pray that we may grow more awarepray that we may grow more awarethis day of your life giving presencethis day of your life giving presenceOpen our minds and hearts to applyOpen our minds and hearts to apply

the knowledge from todaythe knowledge from todayrsquorsquos webs webconference for the good of all Weconference for the good of all We

ask these things in Jesusask these things in Jesusrsquorsquo NameNameAmenAmen

Jennifer Branchbull Employment Partner at

Andrews Lagasse Branch amp Bell LLP

bull Practicing employment law for 12 years

bull Regularly defends employers in harassment discrimination and retaliation suits

bull Regularly counsels and trains employers to avoid litigation

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

Sexual Harassment Training Laws

Sexual Harassment The EEOC Data

40-70 of women and 10-20 of men have experienced sexual harassment in the workplace

Approx 12500 sexual harassment cases are filed each year the number has been declining for last 10 years

The number of sexual harassment complaints filed by men has increased in the last 10 years (16 of claims)

Approx 26500 retaliation charges are filed each year the number has doubled in last 10 years

Approx 17400 disability discrimination charges are filed each year the number is increasing each year

Consequences of Harassment

Low employee morale

Absenteeism

High turnover

Stigma

Legal costs

Monetary damages

Employer

Individual Harasser

Remedies for Victims of Harassment

bull Wage Lossbull Emotional distressbull Out-of-pocket expensesbull ReinstatementHiringPromotionbull Reasonable Accommodationbull Other court ordersbull Attorney feesbull Costs of suitbull Punitive damages

Prerequisites to a Civil Suit

Internal Complaint

Administrative complaint filed with EEOC (federal) andor state agency (DFEH in CA) prior to filing civil suit

Administrative complaint must be filed within 1 year of alleged harassment

Civil suit must be filed within Fed 90 days of ldquoright to sue letterrdquo CA 1 year of ldquoright to sue letterrdquo

EDUCATION

Harassment and Discrimination is Prohibited Under

bull Federal Lawndash Title VII of the Civil Rights Act of 1964ndash Americans with Disabilities Act (ADA)ndash Age Discrimination in Employment Act (ADEA)

bull State Lawndash CA Fair Employment and Housing Act (FEHA)

bull Most Employersrsquo Policies

The Law What is Unlawful Harassment

bull ldquounwelcome or unwanted conduct related to a protected characteristicor of a sexual naturerdquo

What is meant by the termsunwelcome and unwanted

bull ldquoUnwelcomerdquo and ldquounwantedrdquo is determined not by what the harasser intends but by what the victim perceives

bull The victim need not express that the conduct is unwelcome or unwanted

bull Conduct can be unwelcome even if the victim appears to consent

Protected ClassesCharacteristics

bull Race

bull Religious Creed

bull Color

bull National Origin

bull Ancestry

bull Age 40 or older

bull GenderSex

bull Marital Status

bull Sexual Orientation

bull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditions

bull Workersrsquo comp status

bull Veteran status

Two Types of Sexual Harassment

1) ldquoQuid Pro Quordquo

2) Hostile Work Environment

ldquoQuid Pro Quordquo

Requests for sexual favors are linked to a grant or denial of tangible job benefits(promotion favorable performance review etc)

Implied threat that if the employee refuses the sexual advance a negative employment action will occur (termination demotion poor performance review etc)

Hostile Work Environment

Conduct is sufficiently severe or pervasive so as to alter the conditions of employment

No tangible employment action required

Involves conduct that creates a hostile or offensive working environment such that employees are uncomfortable and canrsquot perform their job

What Constitutes Severe or Pervasive Harassment

Factors to consider Whether there is physical contact or a mere

offensive utterance

Frequency of conduct

Its severity

Whether it actually interferes with an employeersquos work performance

Who Can Commit Harassment Anyone

Harassers can be male or female

Harassers can be supervisors or co-workers

Harassers can be persons outside the organization (ie anyone regularly visiting the workplace)

Could YOU be LiableAny employee who engages in harassment may be

held PERSONALLY LIABLE for monetary damages

Harassment by Supervisors

bull Strict liability for employers

bull Rationale the supervisor acts on behalf of the employer

bull No defense available except to show alleged conduct did not occur or it does not constitute harassment

Harassment by Coworkers or Others

The Employer is liable if a supervisor knew of the harassment or should have known of the harassment and failed to stop it

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Race

bull Religious Creed

bull Color

bull National Origin

bull Ancestry

bull Age 40 or older

bull GenderSex

bull Marital Status

bull Sexual Orientation

bull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditions

bull Workersrsquo comp status

bull Veteran status

What is an Adverse Employment Action

Material change in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

Termination

Demotion

Decrease in salary

Increased workload

Failure to promote

Refusal of overtime Diminished

responsibilities Undeserved negative

performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy Prohibiting Harassment Discrimination amp Retaliation

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 Whether conduct is unwelcome or unwanted is determined by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by hisher supervisor but never reports it to management the employee cannot bring legal action against the employer

3 An employer and the harasser may be held liable for unwelcome sexual advances made outside the workplace

4 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 One instance of sexual touching is enough to support a claim of sexual harassment

6 In order to constitute quid pro quo sexual harassment a request for sexual favors must be explicit and direct

7 The employer can be liable if the vendor who regularly delivers office supplies sexually harasses one of the employees

8 Giving an undeserved poor performance evaluation to an employee after the employee reports harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcalls

ndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquoor ldquosweetheartrdquo

ndash Making derogatory comments epithets or slurs

ndash Discussions about sexual topics or personal anatomy

ndash Telling or e-mailing jokes or stories related to one of the protected categories (ie sexual racial etc)

ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too close

ndash Making sexual gestures

ndash Physically blocking someonersquos path

ndash Following someone around

ndash Giving unwanted romantic cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and down

ndash Staring at someone

ndash Displaying offensive items or photos

ndash Distributing or displaying sexual photographs cartoons drawings e-mails or other materials

ndash e-mailing jokes or stories relating to one of the protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distribution

ndash Compelling evidence

ndash Can always be retrieved

Harassment Scenario 1

Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Employer be liable for wrongful discharge

ndash Can the Employer be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Employer be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5

Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Employer handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

Jennifer Branchbull Employment Partner at

Andrews Lagasse Branch amp Bell LLP

bull Practicing employment law for 12 years

bull Regularly defends employers in harassment discrimination and retaliation suits

bull Regularly counsels and trains employers to avoid litigation

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

Sexual Harassment Training Laws

Sexual Harassment The EEOC Data

40-70 of women and 10-20 of men have experienced sexual harassment in the workplace

Approx 12500 sexual harassment cases are filed each year the number has been declining for last 10 years

The number of sexual harassment complaints filed by men has increased in the last 10 years (16 of claims)

Approx 26500 retaliation charges are filed each year the number has doubled in last 10 years

Approx 17400 disability discrimination charges are filed each year the number is increasing each year

Consequences of Harassment

Low employee morale

Absenteeism

High turnover

Stigma

Legal costs

Monetary damages

Employer

Individual Harasser

Remedies for Victims of Harassment

bull Wage Lossbull Emotional distressbull Out-of-pocket expensesbull ReinstatementHiringPromotionbull Reasonable Accommodationbull Other court ordersbull Attorney feesbull Costs of suitbull Punitive damages

Prerequisites to a Civil Suit

Internal Complaint

Administrative complaint filed with EEOC (federal) andor state agency (DFEH in CA) prior to filing civil suit

Administrative complaint must be filed within 1 year of alleged harassment

Civil suit must be filed within Fed 90 days of ldquoright to sue letterrdquo CA 1 year of ldquoright to sue letterrdquo

EDUCATION

Harassment and Discrimination is Prohibited Under

bull Federal Lawndash Title VII of the Civil Rights Act of 1964ndash Americans with Disabilities Act (ADA)ndash Age Discrimination in Employment Act (ADEA)

bull State Lawndash CA Fair Employment and Housing Act (FEHA)

bull Most Employersrsquo Policies

The Law What is Unlawful Harassment

bull ldquounwelcome or unwanted conduct related to a protected characteristicor of a sexual naturerdquo

What is meant by the termsunwelcome and unwanted

bull ldquoUnwelcomerdquo and ldquounwantedrdquo is determined not by what the harasser intends but by what the victim perceives

bull The victim need not express that the conduct is unwelcome or unwanted

bull Conduct can be unwelcome even if the victim appears to consent

Protected ClassesCharacteristics

bull Race

bull Religious Creed

bull Color

bull National Origin

bull Ancestry

bull Age 40 or older

bull GenderSex

bull Marital Status

bull Sexual Orientation

bull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditions

bull Workersrsquo comp status

bull Veteran status

Two Types of Sexual Harassment

1) ldquoQuid Pro Quordquo

2) Hostile Work Environment

ldquoQuid Pro Quordquo

Requests for sexual favors are linked to a grant or denial of tangible job benefits(promotion favorable performance review etc)

Implied threat that if the employee refuses the sexual advance a negative employment action will occur (termination demotion poor performance review etc)

Hostile Work Environment

Conduct is sufficiently severe or pervasive so as to alter the conditions of employment

No tangible employment action required

Involves conduct that creates a hostile or offensive working environment such that employees are uncomfortable and canrsquot perform their job

What Constitutes Severe or Pervasive Harassment

Factors to consider Whether there is physical contact or a mere

offensive utterance

Frequency of conduct

Its severity

Whether it actually interferes with an employeersquos work performance

Who Can Commit Harassment Anyone

Harassers can be male or female

Harassers can be supervisors or co-workers

Harassers can be persons outside the organization (ie anyone regularly visiting the workplace)

Could YOU be LiableAny employee who engages in harassment may be

held PERSONALLY LIABLE for monetary damages

Harassment by Supervisors

bull Strict liability for employers

bull Rationale the supervisor acts on behalf of the employer

bull No defense available except to show alleged conduct did not occur or it does not constitute harassment

Harassment by Coworkers or Others

The Employer is liable if a supervisor knew of the harassment or should have known of the harassment and failed to stop it

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Race

bull Religious Creed

bull Color

bull National Origin

bull Ancestry

bull Age 40 or older

bull GenderSex

bull Marital Status

bull Sexual Orientation

bull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditions

bull Workersrsquo comp status

bull Veteran status

What is an Adverse Employment Action

Material change in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

Termination

Demotion

Decrease in salary

Increased workload

Failure to promote

Refusal of overtime Diminished

responsibilities Undeserved negative

performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy Prohibiting Harassment Discrimination amp Retaliation

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 Whether conduct is unwelcome or unwanted is determined by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by hisher supervisor but never reports it to management the employee cannot bring legal action against the employer

3 An employer and the harasser may be held liable for unwelcome sexual advances made outside the workplace

4 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 One instance of sexual touching is enough to support a claim of sexual harassment

6 In order to constitute quid pro quo sexual harassment a request for sexual favors must be explicit and direct

7 The employer can be liable if the vendor who regularly delivers office supplies sexually harasses one of the employees

8 Giving an undeserved poor performance evaluation to an employee after the employee reports harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcalls

ndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquoor ldquosweetheartrdquo

ndash Making derogatory comments epithets or slurs

ndash Discussions about sexual topics or personal anatomy

ndash Telling or e-mailing jokes or stories related to one of the protected categories (ie sexual racial etc)

ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too close

ndash Making sexual gestures

ndash Physically blocking someonersquos path

ndash Following someone around

ndash Giving unwanted romantic cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and down

ndash Staring at someone

ndash Displaying offensive items or photos

ndash Distributing or displaying sexual photographs cartoons drawings e-mails or other materials

ndash e-mailing jokes or stories relating to one of the protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distribution

ndash Compelling evidence

ndash Can always be retrieved

Harassment Scenario 1

Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Employer be liable for wrongful discharge

ndash Can the Employer be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Employer be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5

Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Employer handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

Sexual Harassment The EEOC Data

40-70 of women and 10-20 of men have experienced sexual harassment in the workplace

Approx 12500 sexual harassment cases are filed each year the number has been declining for last 10 years

The number of sexual harassment complaints filed by men has increased in the last 10 years (16 of claims)

Approx 26500 retaliation charges are filed each year the number has doubled in last 10 years

Approx 17400 disability discrimination charges are filed each year the number is increasing each year

Consequences of Harassment

Low employee morale

Absenteeism

High turnover

Stigma

Legal costs

Monetary damages

Employer

Individual Harasser

Remedies for Victims of Harassment

bull Wage Lossbull Emotional distressbull Out-of-pocket expensesbull ReinstatementHiringPromotionbull Reasonable Accommodationbull Other court ordersbull Attorney feesbull Costs of suitbull Punitive damages

Prerequisites to a Civil Suit

Internal Complaint

Administrative complaint filed with EEOC (federal) andor state agency (DFEH in CA) prior to filing civil suit

Administrative complaint must be filed within 1 year of alleged harassment

Civil suit must be filed within Fed 90 days of ldquoright to sue letterrdquo CA 1 year of ldquoright to sue letterrdquo

EDUCATION

Harassment and Discrimination is Prohibited Under

bull Federal Lawndash Title VII of the Civil Rights Act of 1964ndash Americans with Disabilities Act (ADA)ndash Age Discrimination in Employment Act (ADEA)

bull State Lawndash CA Fair Employment and Housing Act (FEHA)

bull Most Employersrsquo Policies

The Law What is Unlawful Harassment

bull ldquounwelcome or unwanted conduct related to a protected characteristicor of a sexual naturerdquo

What is meant by the termsunwelcome and unwanted

bull ldquoUnwelcomerdquo and ldquounwantedrdquo is determined not by what the harasser intends but by what the victim perceives

bull The victim need not express that the conduct is unwelcome or unwanted

bull Conduct can be unwelcome even if the victim appears to consent

Protected ClassesCharacteristics

bull Race

bull Religious Creed

bull Color

bull National Origin

bull Ancestry

bull Age 40 or older

bull GenderSex

bull Marital Status

bull Sexual Orientation

bull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditions

bull Workersrsquo comp status

bull Veteran status

Two Types of Sexual Harassment

1) ldquoQuid Pro Quordquo

2) Hostile Work Environment

ldquoQuid Pro Quordquo

Requests for sexual favors are linked to a grant or denial of tangible job benefits(promotion favorable performance review etc)

Implied threat that if the employee refuses the sexual advance a negative employment action will occur (termination demotion poor performance review etc)

Hostile Work Environment

Conduct is sufficiently severe or pervasive so as to alter the conditions of employment

No tangible employment action required

Involves conduct that creates a hostile or offensive working environment such that employees are uncomfortable and canrsquot perform their job

What Constitutes Severe or Pervasive Harassment

Factors to consider Whether there is physical contact or a mere

offensive utterance

Frequency of conduct

Its severity

Whether it actually interferes with an employeersquos work performance

Who Can Commit Harassment Anyone

Harassers can be male or female

Harassers can be supervisors or co-workers

Harassers can be persons outside the organization (ie anyone regularly visiting the workplace)

Could YOU be LiableAny employee who engages in harassment may be

held PERSONALLY LIABLE for monetary damages

Harassment by Supervisors

bull Strict liability for employers

bull Rationale the supervisor acts on behalf of the employer

bull No defense available except to show alleged conduct did not occur or it does not constitute harassment

Harassment by Coworkers or Others

The Employer is liable if a supervisor knew of the harassment or should have known of the harassment and failed to stop it

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Race

bull Religious Creed

bull Color

bull National Origin

bull Ancestry

bull Age 40 or older

bull GenderSex

bull Marital Status

bull Sexual Orientation

bull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditions

bull Workersrsquo comp status

bull Veteran status

What is an Adverse Employment Action

Material change in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

Termination

Demotion

Decrease in salary

Increased workload

Failure to promote

Refusal of overtime Diminished

responsibilities Undeserved negative

performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy Prohibiting Harassment Discrimination amp Retaliation

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 Whether conduct is unwelcome or unwanted is determined by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by hisher supervisor but never reports it to management the employee cannot bring legal action against the employer

3 An employer and the harasser may be held liable for unwelcome sexual advances made outside the workplace

4 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 One instance of sexual touching is enough to support a claim of sexual harassment

6 In order to constitute quid pro quo sexual harassment a request for sexual favors must be explicit and direct

7 The employer can be liable if the vendor who regularly delivers office supplies sexually harasses one of the employees

8 Giving an undeserved poor performance evaluation to an employee after the employee reports harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcalls

ndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquoor ldquosweetheartrdquo

ndash Making derogatory comments epithets or slurs

ndash Discussions about sexual topics or personal anatomy

ndash Telling or e-mailing jokes or stories related to one of the protected categories (ie sexual racial etc)

ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too close

ndash Making sexual gestures

ndash Physically blocking someonersquos path

ndash Following someone around

ndash Giving unwanted romantic cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and down

ndash Staring at someone

ndash Displaying offensive items or photos

ndash Distributing or displaying sexual photographs cartoons drawings e-mails or other materials

ndash e-mailing jokes or stories relating to one of the protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distribution

ndash Compelling evidence

ndash Can always be retrieved

Harassment Scenario 1

Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Employer be liable for wrongful discharge

ndash Can the Employer be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Employer be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5

Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Employer handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

Prerequisites to a Civil Suit

Internal Complaint

Administrative complaint filed with EEOC (federal) andor state agency (DFEH in CA) prior to filing civil suit

Administrative complaint must be filed within 1 year of alleged harassment

Civil suit must be filed within Fed 90 days of ldquoright to sue letterrdquo CA 1 year of ldquoright to sue letterrdquo

EDUCATION

Harassment and Discrimination is Prohibited Under

bull Federal Lawndash Title VII of the Civil Rights Act of 1964ndash Americans with Disabilities Act (ADA)ndash Age Discrimination in Employment Act (ADEA)

bull State Lawndash CA Fair Employment and Housing Act (FEHA)

bull Most Employersrsquo Policies

The Law What is Unlawful Harassment

bull ldquounwelcome or unwanted conduct related to a protected characteristicor of a sexual naturerdquo

What is meant by the termsunwelcome and unwanted

bull ldquoUnwelcomerdquo and ldquounwantedrdquo is determined not by what the harasser intends but by what the victim perceives

bull The victim need not express that the conduct is unwelcome or unwanted

bull Conduct can be unwelcome even if the victim appears to consent

Protected ClassesCharacteristics

bull Race

bull Religious Creed

bull Color

bull National Origin

bull Ancestry

bull Age 40 or older

bull GenderSex

bull Marital Status

bull Sexual Orientation

bull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditions

bull Workersrsquo comp status

bull Veteran status

Two Types of Sexual Harassment

1) ldquoQuid Pro Quordquo

2) Hostile Work Environment

ldquoQuid Pro Quordquo

Requests for sexual favors are linked to a grant or denial of tangible job benefits(promotion favorable performance review etc)

Implied threat that if the employee refuses the sexual advance a negative employment action will occur (termination demotion poor performance review etc)

Hostile Work Environment

Conduct is sufficiently severe or pervasive so as to alter the conditions of employment

No tangible employment action required

Involves conduct that creates a hostile or offensive working environment such that employees are uncomfortable and canrsquot perform their job

What Constitutes Severe or Pervasive Harassment

Factors to consider Whether there is physical contact or a mere

offensive utterance

Frequency of conduct

Its severity

Whether it actually interferes with an employeersquos work performance

Who Can Commit Harassment Anyone

Harassers can be male or female

Harassers can be supervisors or co-workers

Harassers can be persons outside the organization (ie anyone regularly visiting the workplace)

Could YOU be LiableAny employee who engages in harassment may be

held PERSONALLY LIABLE for monetary damages

Harassment by Supervisors

bull Strict liability for employers

bull Rationale the supervisor acts on behalf of the employer

bull No defense available except to show alleged conduct did not occur or it does not constitute harassment

Harassment by Coworkers or Others

The Employer is liable if a supervisor knew of the harassment or should have known of the harassment and failed to stop it

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Race

bull Religious Creed

bull Color

bull National Origin

bull Ancestry

bull Age 40 or older

bull GenderSex

bull Marital Status

bull Sexual Orientation

bull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditions

bull Workersrsquo comp status

bull Veteran status

What is an Adverse Employment Action

Material change in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

Termination

Demotion

Decrease in salary

Increased workload

Failure to promote

Refusal of overtime Diminished

responsibilities Undeserved negative

performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy Prohibiting Harassment Discrimination amp Retaliation

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 Whether conduct is unwelcome or unwanted is determined by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by hisher supervisor but never reports it to management the employee cannot bring legal action against the employer

3 An employer and the harasser may be held liable for unwelcome sexual advances made outside the workplace

4 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 One instance of sexual touching is enough to support a claim of sexual harassment

6 In order to constitute quid pro quo sexual harassment a request for sexual favors must be explicit and direct

7 The employer can be liable if the vendor who regularly delivers office supplies sexually harasses one of the employees

8 Giving an undeserved poor performance evaluation to an employee after the employee reports harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcalls

ndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquoor ldquosweetheartrdquo

ndash Making derogatory comments epithets or slurs

ndash Discussions about sexual topics or personal anatomy

ndash Telling or e-mailing jokes or stories related to one of the protected categories (ie sexual racial etc)

ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too close

ndash Making sexual gestures

ndash Physically blocking someonersquos path

ndash Following someone around

ndash Giving unwanted romantic cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and down

ndash Staring at someone

ndash Displaying offensive items or photos

ndash Distributing or displaying sexual photographs cartoons drawings e-mails or other materials

ndash e-mailing jokes or stories relating to one of the protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distribution

ndash Compelling evidence

ndash Can always be retrieved

Harassment Scenario 1

Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Employer be liable for wrongful discharge

ndash Can the Employer be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Employer be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5

Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Employer handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

The Law What is Unlawful Harassment

bull ldquounwelcome or unwanted conduct related to a protected characteristicor of a sexual naturerdquo

What is meant by the termsunwelcome and unwanted

bull ldquoUnwelcomerdquo and ldquounwantedrdquo is determined not by what the harasser intends but by what the victim perceives

bull The victim need not express that the conduct is unwelcome or unwanted

bull Conduct can be unwelcome even if the victim appears to consent

Protected ClassesCharacteristics

bull Race

bull Religious Creed

bull Color

bull National Origin

bull Ancestry

bull Age 40 or older

bull GenderSex

bull Marital Status

bull Sexual Orientation

bull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditions

bull Workersrsquo comp status

bull Veteran status

Two Types of Sexual Harassment

1) ldquoQuid Pro Quordquo

2) Hostile Work Environment

ldquoQuid Pro Quordquo

Requests for sexual favors are linked to a grant or denial of tangible job benefits(promotion favorable performance review etc)

Implied threat that if the employee refuses the sexual advance a negative employment action will occur (termination demotion poor performance review etc)

Hostile Work Environment

Conduct is sufficiently severe or pervasive so as to alter the conditions of employment

No tangible employment action required

Involves conduct that creates a hostile or offensive working environment such that employees are uncomfortable and canrsquot perform their job

What Constitutes Severe or Pervasive Harassment

Factors to consider Whether there is physical contact or a mere

offensive utterance

Frequency of conduct

Its severity

Whether it actually interferes with an employeersquos work performance

Who Can Commit Harassment Anyone

Harassers can be male or female

Harassers can be supervisors or co-workers

Harassers can be persons outside the organization (ie anyone regularly visiting the workplace)

Could YOU be LiableAny employee who engages in harassment may be

held PERSONALLY LIABLE for monetary damages

Harassment by Supervisors

bull Strict liability for employers

bull Rationale the supervisor acts on behalf of the employer

bull No defense available except to show alleged conduct did not occur or it does not constitute harassment

Harassment by Coworkers or Others

The Employer is liable if a supervisor knew of the harassment or should have known of the harassment and failed to stop it

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Race

bull Religious Creed

bull Color

bull National Origin

bull Ancestry

bull Age 40 or older

bull GenderSex

bull Marital Status

bull Sexual Orientation

bull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditions

bull Workersrsquo comp status

bull Veteran status

What is an Adverse Employment Action

Material change in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

Termination

Demotion

Decrease in salary

Increased workload

Failure to promote

Refusal of overtime Diminished

responsibilities Undeserved negative

performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy Prohibiting Harassment Discrimination amp Retaliation

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 Whether conduct is unwelcome or unwanted is determined by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by hisher supervisor but never reports it to management the employee cannot bring legal action against the employer

3 An employer and the harasser may be held liable for unwelcome sexual advances made outside the workplace

4 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 One instance of sexual touching is enough to support a claim of sexual harassment

6 In order to constitute quid pro quo sexual harassment a request for sexual favors must be explicit and direct

7 The employer can be liable if the vendor who regularly delivers office supplies sexually harasses one of the employees

8 Giving an undeserved poor performance evaluation to an employee after the employee reports harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcalls

ndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquoor ldquosweetheartrdquo

ndash Making derogatory comments epithets or slurs

ndash Discussions about sexual topics or personal anatomy

ndash Telling or e-mailing jokes or stories related to one of the protected categories (ie sexual racial etc)

ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too close

ndash Making sexual gestures

ndash Physically blocking someonersquos path

ndash Following someone around

ndash Giving unwanted romantic cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and down

ndash Staring at someone

ndash Displaying offensive items or photos

ndash Distributing or displaying sexual photographs cartoons drawings e-mails or other materials

ndash e-mailing jokes or stories relating to one of the protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distribution

ndash Compelling evidence

ndash Can always be retrieved

Harassment Scenario 1

Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Employer be liable for wrongful discharge

ndash Can the Employer be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Employer be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5

Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Employer handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

Two Types of Sexual Harassment

1) ldquoQuid Pro Quordquo

2) Hostile Work Environment

ldquoQuid Pro Quordquo

Requests for sexual favors are linked to a grant or denial of tangible job benefits(promotion favorable performance review etc)

Implied threat that if the employee refuses the sexual advance a negative employment action will occur (termination demotion poor performance review etc)

Hostile Work Environment

Conduct is sufficiently severe or pervasive so as to alter the conditions of employment

No tangible employment action required

Involves conduct that creates a hostile or offensive working environment such that employees are uncomfortable and canrsquot perform their job

What Constitutes Severe or Pervasive Harassment

Factors to consider Whether there is physical contact or a mere

offensive utterance

Frequency of conduct

Its severity

Whether it actually interferes with an employeersquos work performance

Who Can Commit Harassment Anyone

Harassers can be male or female

Harassers can be supervisors or co-workers

Harassers can be persons outside the organization (ie anyone regularly visiting the workplace)

Could YOU be LiableAny employee who engages in harassment may be

held PERSONALLY LIABLE for monetary damages

Harassment by Supervisors

bull Strict liability for employers

bull Rationale the supervisor acts on behalf of the employer

bull No defense available except to show alleged conduct did not occur or it does not constitute harassment

Harassment by Coworkers or Others

The Employer is liable if a supervisor knew of the harassment or should have known of the harassment and failed to stop it

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Race

bull Religious Creed

bull Color

bull National Origin

bull Ancestry

bull Age 40 or older

bull GenderSex

bull Marital Status

bull Sexual Orientation

bull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditions

bull Workersrsquo comp status

bull Veteran status

What is an Adverse Employment Action

Material change in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

Termination

Demotion

Decrease in salary

Increased workload

Failure to promote

Refusal of overtime Diminished

responsibilities Undeserved negative

performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy Prohibiting Harassment Discrimination amp Retaliation

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 Whether conduct is unwelcome or unwanted is determined by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by hisher supervisor but never reports it to management the employee cannot bring legal action against the employer

3 An employer and the harasser may be held liable for unwelcome sexual advances made outside the workplace

4 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 One instance of sexual touching is enough to support a claim of sexual harassment

6 In order to constitute quid pro quo sexual harassment a request for sexual favors must be explicit and direct

7 The employer can be liable if the vendor who regularly delivers office supplies sexually harasses one of the employees

8 Giving an undeserved poor performance evaluation to an employee after the employee reports harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcalls

ndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquoor ldquosweetheartrdquo

ndash Making derogatory comments epithets or slurs

ndash Discussions about sexual topics or personal anatomy

ndash Telling or e-mailing jokes or stories related to one of the protected categories (ie sexual racial etc)

ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too close

ndash Making sexual gestures

ndash Physically blocking someonersquos path

ndash Following someone around

ndash Giving unwanted romantic cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and down

ndash Staring at someone

ndash Displaying offensive items or photos

ndash Distributing or displaying sexual photographs cartoons drawings e-mails or other materials

ndash e-mailing jokes or stories relating to one of the protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distribution

ndash Compelling evidence

ndash Can always be retrieved

Harassment Scenario 1

Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Employer be liable for wrongful discharge

ndash Can the Employer be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Employer be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5

Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Employer handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

What Constitutes Severe or Pervasive Harassment

Factors to consider Whether there is physical contact or a mere

offensive utterance

Frequency of conduct

Its severity

Whether it actually interferes with an employeersquos work performance

Who Can Commit Harassment Anyone

Harassers can be male or female

Harassers can be supervisors or co-workers

Harassers can be persons outside the organization (ie anyone regularly visiting the workplace)

Could YOU be LiableAny employee who engages in harassment may be

held PERSONALLY LIABLE for monetary damages

Harassment by Supervisors

bull Strict liability for employers

bull Rationale the supervisor acts on behalf of the employer

bull No defense available except to show alleged conduct did not occur or it does not constitute harassment

Harassment by Coworkers or Others

The Employer is liable if a supervisor knew of the harassment or should have known of the harassment and failed to stop it

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Race

bull Religious Creed

bull Color

bull National Origin

bull Ancestry

bull Age 40 or older

bull GenderSex

bull Marital Status

bull Sexual Orientation

bull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditions

bull Workersrsquo comp status

bull Veteran status

What is an Adverse Employment Action

Material change in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

Termination

Demotion

Decrease in salary

Increased workload

Failure to promote

Refusal of overtime Diminished

responsibilities Undeserved negative

performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy Prohibiting Harassment Discrimination amp Retaliation

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 Whether conduct is unwelcome or unwanted is determined by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by hisher supervisor but never reports it to management the employee cannot bring legal action against the employer

3 An employer and the harasser may be held liable for unwelcome sexual advances made outside the workplace

4 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 One instance of sexual touching is enough to support a claim of sexual harassment

6 In order to constitute quid pro quo sexual harassment a request for sexual favors must be explicit and direct

7 The employer can be liable if the vendor who regularly delivers office supplies sexually harasses one of the employees

8 Giving an undeserved poor performance evaluation to an employee after the employee reports harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcalls

ndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquoor ldquosweetheartrdquo

ndash Making derogatory comments epithets or slurs

ndash Discussions about sexual topics or personal anatomy

ndash Telling or e-mailing jokes or stories related to one of the protected categories (ie sexual racial etc)

ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too close

ndash Making sexual gestures

ndash Physically blocking someonersquos path

ndash Following someone around

ndash Giving unwanted romantic cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and down

ndash Staring at someone

ndash Displaying offensive items or photos

ndash Distributing or displaying sexual photographs cartoons drawings e-mails or other materials

ndash e-mailing jokes or stories relating to one of the protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distribution

ndash Compelling evidence

ndash Can always be retrieved

Harassment Scenario 1

Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Employer be liable for wrongful discharge

ndash Can the Employer be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Employer be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5

Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Employer handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

Harassment by Supervisors

bull Strict liability for employers

bull Rationale the supervisor acts on behalf of the employer

bull No defense available except to show alleged conduct did not occur or it does not constitute harassment

Harassment by Coworkers or Others

The Employer is liable if a supervisor knew of the harassment or should have known of the harassment and failed to stop it

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Race

bull Religious Creed

bull Color

bull National Origin

bull Ancestry

bull Age 40 or older

bull GenderSex

bull Marital Status

bull Sexual Orientation

bull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditions

bull Workersrsquo comp status

bull Veteran status

What is an Adverse Employment Action

Material change in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

Termination

Demotion

Decrease in salary

Increased workload

Failure to promote

Refusal of overtime Diminished

responsibilities Undeserved negative

performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy Prohibiting Harassment Discrimination amp Retaliation

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 Whether conduct is unwelcome or unwanted is determined by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by hisher supervisor but never reports it to management the employee cannot bring legal action against the employer

3 An employer and the harasser may be held liable for unwelcome sexual advances made outside the workplace

4 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 One instance of sexual touching is enough to support a claim of sexual harassment

6 In order to constitute quid pro quo sexual harassment a request for sexual favors must be explicit and direct

7 The employer can be liable if the vendor who regularly delivers office supplies sexually harasses one of the employees

8 Giving an undeserved poor performance evaluation to an employee after the employee reports harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcalls

ndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquoor ldquosweetheartrdquo

ndash Making derogatory comments epithets or slurs

ndash Discussions about sexual topics or personal anatomy

ndash Telling or e-mailing jokes or stories related to one of the protected categories (ie sexual racial etc)

ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too close

ndash Making sexual gestures

ndash Physically blocking someonersquos path

ndash Following someone around

ndash Giving unwanted romantic cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and down

ndash Staring at someone

ndash Displaying offensive items or photos

ndash Distributing or displaying sexual photographs cartoons drawings e-mails or other materials

ndash e-mailing jokes or stories relating to one of the protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distribution

ndash Compelling evidence

ndash Can always be retrieved

Harassment Scenario 1

Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Employer be liable for wrongful discharge

ndash Can the Employer be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Employer be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5

Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Employer handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

Protected ClassesCharacteristics

bull Race

bull Religious Creed

bull Color

bull National Origin

bull Ancestry

bull Age 40 or older

bull GenderSex

bull Marital Status

bull Sexual Orientation

bull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditions

bull Workersrsquo comp status

bull Veteran status

What is an Adverse Employment Action

Material change in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

Termination

Demotion

Decrease in salary

Increased workload

Failure to promote

Refusal of overtime Diminished

responsibilities Undeserved negative

performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy Prohibiting Harassment Discrimination amp Retaliation

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 Whether conduct is unwelcome or unwanted is determined by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by hisher supervisor but never reports it to management the employee cannot bring legal action against the employer

3 An employer and the harasser may be held liable for unwelcome sexual advances made outside the workplace

4 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 One instance of sexual touching is enough to support a claim of sexual harassment

6 In order to constitute quid pro quo sexual harassment a request for sexual favors must be explicit and direct

7 The employer can be liable if the vendor who regularly delivers office supplies sexually harasses one of the employees

8 Giving an undeserved poor performance evaluation to an employee after the employee reports harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcalls

ndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquoor ldquosweetheartrdquo

ndash Making derogatory comments epithets or slurs

ndash Discussions about sexual topics or personal anatomy

ndash Telling or e-mailing jokes or stories related to one of the protected categories (ie sexual racial etc)

ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too close

ndash Making sexual gestures

ndash Physically blocking someonersquos path

ndash Following someone around

ndash Giving unwanted romantic cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and down

ndash Staring at someone

ndash Displaying offensive items or photos

ndash Distributing or displaying sexual photographs cartoons drawings e-mails or other materials

ndash e-mailing jokes or stories relating to one of the protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distribution

ndash Compelling evidence

ndash Can always be retrieved

Harassment Scenario 1

Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Employer be liable for wrongful discharge

ndash Can the Employer be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Employer be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5

Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Employer handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy Prohibiting Harassment Discrimination amp Retaliation

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 Whether conduct is unwelcome or unwanted is determined by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by hisher supervisor but never reports it to management the employee cannot bring legal action against the employer

3 An employer and the harasser may be held liable for unwelcome sexual advances made outside the workplace

4 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 One instance of sexual touching is enough to support a claim of sexual harassment

6 In order to constitute quid pro quo sexual harassment a request for sexual favors must be explicit and direct

7 The employer can be liable if the vendor who regularly delivers office supplies sexually harasses one of the employees

8 Giving an undeserved poor performance evaluation to an employee after the employee reports harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcalls

ndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquoor ldquosweetheartrdquo

ndash Making derogatory comments epithets or slurs

ndash Discussions about sexual topics or personal anatomy

ndash Telling or e-mailing jokes or stories related to one of the protected categories (ie sexual racial etc)

ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too close

ndash Making sexual gestures

ndash Physically blocking someonersquos path

ndash Following someone around

ndash Giving unwanted romantic cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and down

ndash Staring at someone

ndash Displaying offensive items or photos

ndash Distributing or displaying sexual photographs cartoons drawings e-mails or other materials

ndash e-mailing jokes or stories relating to one of the protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distribution

ndash Compelling evidence

ndash Can always be retrieved

Harassment Scenario 1

Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Employer be liable for wrongful discharge

ndash Can the Employer be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Employer be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5

Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Employer handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 One instance of sexual touching is enough to support a claim of sexual harassment

6 In order to constitute quid pro quo sexual harassment a request for sexual favors must be explicit and direct

7 The employer can be liable if the vendor who regularly delivers office supplies sexually harasses one of the employees

8 Giving an undeserved poor performance evaluation to an employee after the employee reports harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcalls

ndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquoor ldquosweetheartrdquo

ndash Making derogatory comments epithets or slurs

ndash Discussions about sexual topics or personal anatomy

ndash Telling or e-mailing jokes or stories related to one of the protected categories (ie sexual racial etc)

ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too close

ndash Making sexual gestures

ndash Physically blocking someonersquos path

ndash Following someone around

ndash Giving unwanted romantic cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and down

ndash Staring at someone

ndash Displaying offensive items or photos

ndash Distributing or displaying sexual photographs cartoons drawings e-mails or other materials

ndash e-mailing jokes or stories relating to one of the protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distribution

ndash Compelling evidence

ndash Can always be retrieved

Harassment Scenario 1

Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Employer be liable for wrongful discharge

ndash Can the Employer be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Employer be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5

Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Employer handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcalls

ndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquoor ldquosweetheartrdquo

ndash Making derogatory comments epithets or slurs

ndash Discussions about sexual topics or personal anatomy

ndash Telling or e-mailing jokes or stories related to one of the protected categories (ie sexual racial etc)

ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too close

ndash Making sexual gestures

ndash Physically blocking someonersquos path

ndash Following someone around

ndash Giving unwanted romantic cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and down

ndash Staring at someone

ndash Displaying offensive items or photos

ndash Distributing or displaying sexual photographs cartoons drawings e-mails or other materials

ndash e-mailing jokes or stories relating to one of the protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distribution

ndash Compelling evidence

ndash Can always be retrieved

Harassment Scenario 1

Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Employer be liable for wrongful discharge

ndash Can the Employer be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Employer be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5

Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Employer handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distribution

ndash Compelling evidence

ndash Can always be retrieved

Harassment Scenario 1

Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Employer be liable for wrongful discharge

ndash Can the Employer be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Employer be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5

Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Employer handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5

Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Employer handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoes

ndash Always do and say things you can be proud of

ndash Keep your Mom in mind

ndash Keep a civil tongue

ndash Keep your hands to yourself

bull Raise Your Sensitivity Antenna

ndash Recognize othersrsquo boundaries

bull Apologize

bull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at ease

Remind complainant that Employer strictly prohibits all forms of harassment

Encourage complainant to report

Volunteer to go with complainant to make report

Document

Follow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your manager

Participate in investigation as requested

Do not retaliate

Do not discuss complaint with anyone other than Human Resources andor your manager andor Employer designated investigator

INVESTIGATION

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

What an Employer Will Do Upon Receiving a Complaint of Harassment

Take all complaints seriously

Be impartial

Review Employer policy

Conduct an Investigation

Guarantee confidentiality to the extent possible

Ensure no retaliation

Document

Take appropriate action based on results of investigation

What an Investigation will Entail

Immediate thorough and objective investigation

Gather facts (names dates locations witnesses)

Interview witnesses

Identities kept confidential to the extent possible

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

1 If you say something and later suspect your comment offended a co-worker you should pretend it never happened and hope the co-worker forgets about it

2 If you are uncomfortable with a co-workerrsquos comments or conduct you should advise himher and ask himher to stop

3 You should not report suspected harassment unless you can verify the legitimacy of the complaint

4 If an employee informs you that heshe is uncomfortable about a supervisorrsquos advances but swears you to secrecy you must respect hisher request for confidence

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 Upon receiving a complaint of harassment an employer must conduct a prompt thorough and impartial investigation into the allegations

6 Never document complaints of harassment you do not want to create evidence that could be used against the employer if the victim of harassment sues

7 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

8 Supervisors may demote any employee who reports harassment because by making a report the employee shows heshe is not a loyal employee

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 250

San Diego CA 92130