Discrimination and Sexual Harassment in the Workplace Training

1
Discrimination and Sexual Harassment in the
Workplace Training

• Employee Rights and Responsibilities

2
Discrimination and Sexual Harassment

• All employees are protected, under law, from
  discrimination and sexual harassment in the
  workplace.
  
• Discrimination, based on on race, color religion,
  sex, age, national origin, disability, status as
  a special disabled veteran or veteran of the
  Vietnam era, sexual orientation, marital status,
  or any other factor prohibited by law will not be
  tolerated at CCSSO. All suspected and reported
  cases will be promptly investigated.
• Violations of policy may result in disciplinary
  action, up to and including immediate dismissal.

3
Prohibited Conduct

• Negative verbal or physical conduct based on a
  persons race, religion, sex, national origin,
  age or disability.
  
• Basing employment decisions on race, religion,
  sex, national origin, age or disability.
  
• Retaliation against any employee who complains of
  discrimination or harassment.
  
• Failure to reasonably accommodate disabled
  employees.
  
• Any other conduct that violates applicable
  anti-discrimination laws.
  

4
Discrimination

• Race, color, national origin, ethnic background
  may not be used as basis for employment
  decisions.
  
• Ethnic slurs, racial jokes, offensive or
  derogatory comments, verbal or physical conduct
  based on a persons race, color, national origin
  or ethnic background.

5
Religious Discrimination

• Religion may not be used as a basis for
  employment decisions.
  
• Jokes, offensive language and conduct based on a
  persons religion are prohibited.

6
Discrimination Based on Sex

• Sex (gender) may not be used as a basis for
  employment decisions.
  
• Pregnancy discrimination is prohibited.
• May not use pregnancy as a basis for employment
  decisions.
  
• May not apply special work conditions, rules or
  procedures based on pregnancy.

7
Age Discrimination

• People who are 40 years may not be discriminated
  against on the basis of age.
  
• Age may not be used as the basis for employment
  decisions.
  
• Offensive, language, remarks or conduct based on
  a persons age may create a hostile work
  environment.

8
Disability Discrimination

• Disability may not be used to discriminate in
  hiring, firing, promotion, compensation, training
  or other terms of employment.
  
• The employer must provide accommodation if it
  will permit the employee to perform the essential
  functions of the job and does not create undue
  hardship for the employer.

9
Sexual Harassment

• Definition unwelcome sexual advances, requests
  for sexual favors, and other verbal or physical
  conduct of a sexual nature when, (1) submission
  to such conduct is made either explicitly or
  implicitly a term or condition of an individuals
  employment (2) submission to or rejection of
  such conduct by an individual is used as the
  basis for employment decisions affecting such
  individual or (3) such conduct has the purpose
  or effect of unreasonably interfering with an
  individuals work performance or creating an
  intimidating, hostile, or offensive working
  environment. ---page 2 CCSSO Employee Handbook

10

• Definition, continued Sexual harassment can
  occur between individuals of the opposite sex or
  the same sex. Sexual harassment may include, but
  is not limited to, intentional physical conduct
  that is sexual in nature, such as touching,
  pinching, patting sexually-oriented gestures,
  noises, remarks, jokes, or comments about a
  persons sexuality or sexual experience repeated
  unwelcome requests for a romantic relationship
  and displaying pictures, posters, calendars,
  graffiti, objects, promotional materials, reading
  materials or other materials that are sexually
  suggestive, sexually demeaning or pornographic.
  Basing an employment decision or implying that it
  will be based on, an employees submission to or
  rejection of sexual overtures is prohibited.
  ---page 2 CCSSO Employee Handbook

11
What conditions establish grounds for sexual
harassment?

• Conduct must be severe and pervasive as to alter
  the conditions of the victims employment and
  create an abusive working environment.
  
• It should be remembered that what is determined
  to be severe and pervasive is based upon the
  victims viewpoint.
  
• If he or she has made a request for the behavior
  to stop and has reported that it has not, the
  grounds are being established for a sexual
  harassment complaint investigation.

12
Sexual Harassment Considerations

• Conduct must be sexual in nature or gender based
  and may be either same gender or opposite gender
  harassment.
  
• Conduct must be unwelcome
• The person did no solicit or invite the conduct
  and regarded it as unwelcome
  
• Silence generally indicates that the conduct is
  unwelcome.
  
• Participation may suggest the conduct is welcome.

13
Quid pro Quo

• Quid pro Quo conduct involves the following
• Threatening or taking adverse employment action
  if sexual favors are not granted.
  
• Demands for sexual favors in exchange for
  favorable employment treatment.

14
Hostile Work Environment

• Factors that determine if certain conduct creates
  a hostile work environment include
  
• Frequency how often does this happen?
• Severity- how severe is the conduct?
• Power disparity does the recipient of the
  behavior have an equal standing in the work
  environment?

15
Hostile Work Environment Conduct

• Unwelcome and repeated flirtations, propositions
  and advances.
  
• Unwelcome physical touch.
• Whistling, leering, improper gestures and remarks

• Sexual jokes, sexually explicit and/or derogatory
  language
  
• Display of sexually explicit pictures, greeting
  cards and books
  
• Use of CCSSO computers to send, access, or
  download sexually explicit materials.

16
Hostile Work Environment

• Hostile work environment also includes negative
  language, slurs, jokes and behaviors based on a
  persons religion, age, ethnic background or
  race.
• The display of pictures/cartoons based on race,
  ethnic background, religion or age that depict
  people in a manner that a person of that race,
  ethnic background, religion or age finds
  offensive.

17
WARNING!

• An employees conduct doesnt need to meet the
  most severe definition of hostile work
  environment to be grounds for disciplinary
  action, up to and including immediate dismissal.

18
How to Report Discrimination and Sexual Harassment

• First (optional), if you feel you can, you should
  tell the person involved in the offensive conduct
  that you find it offensive. This may help. The
  person may not know they are offending you.
• You should report the offensive conduct of any of
  the following
  
• A supervisor
• A co-worker
• A visitor to the workplace, including a client or
  customer.
  
• Clients, employees, and associates of off-site
  CCSSO functions (off-site meetings both CCSSO
  sponsored and non-sponsored)

19
Who do I Report Discrimination/Harassment to?

• Your immediate supervisor unless he/she is the
  offender.
  
• Human Resource Manager.
• Any other supervisor in the chain of command.
• Others designated to receive the complaints.
  (Chief of Staff)

20
Complaint/Report Procedures

• Supervisors have a responsibility to address
  discrimination/harassment concerns brought to
  their attention. If an employee believes his or
  her concerns are not being adequately addressed,
  the employee should
• 1. Report his/her concerns to human resources or
  another person designated in the policy.
  
• 2. Contact another supervisor in the chain of
  command in your division, or the chief of staff
  if necessary.

21
Investigations

• All complaints of discrimination or harassment
  prohibited by CCSSO policy will be investigated
  as soon as possible upon report or suspected
  conduct.

22
Investigation Procedures

• The employee alleging improper conduct, the
  accused employee, and any witnesses will
  cooperate in the investigation.
  
• Complaints of harassment and/or discrimination
  will be deemed confidential and all attempts will
  be made to maintain confidentiality to the
  greatest extent possible.

23
Corrective Action

• If it is determined that conduct prohibited by
  policy has occurred, management will take action
  to ensure that the conduct stops and does not
  reoccur.
• Corrective action depends on the severity of the
  misconduct including, but not limited to
  discipline, dismissal and reassignment of the
  offending employee.

24
Retaliation

• Policy strictly prohibits retaliation against any
  employee who complains of discrimination or
  harassment by anyone covered by the policy
  
• Supervisors
• Co-employees
• The accused

25
Cost and Loss

• Productivity and valuable time is lost as a
  result of discrimination and harassment.
  
• Investigations and reports take time an involve
  many people who must comply with the
  investigation policy.
  
• Job loss and resignation due to unsatisfactory
  work conditions cost agencies and companies
  millions of dollars annually.

26
What Can We do to Help?

• Make sure that what we do and say could be
  printed on the front page of the newspaper.
  
• Consider how we would feel if someone behaved in
  a negative manner towards someone we loved.
  
• Would you say/do the same things in front of your
  family?
  

Would you be embarrassed to have your behavior or
comments described to others?

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Conclusion

• The Council of Chief State School Officers is
  committed to providing its employees with a
  workplace free from discrimination and
  harassment. We must all treat each other with
  respect and consideration to eliminate
  discrimination and harassment.
• Thank you
• Please remember to complete and sign a training
  acknowledgement form. This form will become part
  of your personnel file. All employees must have
  a training acknowledgement form on file in their
  employee folder. Forms are available on the
  intranet Completed forms must be turned in
• by July 31, 2004.