PREVENTING WORKPLACE HARASSMENT

1
PREVENTING WORKPLACE HARASSMENT

• John Barrientos
• Farm Employers Labor Service

2
OBJECTIVES

• To understand what it is and why it is an
  important issue.
• To recognize its many forms in the work
  environment.
• To know what to do when it occurs.

3
WEBSTERS DEFINITION

• to irritate or torment persistently
• to wear out, exhaust by repeated attacks

4
WHY DO WE NEED TO DEAL WITH THIS ISSUE?

• Its the law and we have to comply.
• The consequences are too serious.
• It impacts business, no employer is immune.
• It is wrong and immoral.
• It costs big if you ignore it.

5
WHAT IS HARASSMENT ABOUT?

• Its about power, abuse submission.
• Its about intimidation.
• Its a form of discrimination.
• Its a form of workplace violence.

6
HARASSMENT LAW - FEDERAL

• Title VII of the Civil Rights Act of 1964.
• EEOC.

7
HARASSMENT LAW - FEDERAL

• Federal definition
• unwelcome sexual advances, requests for
• sexual favors, and other verbal or physical
• conduct of a sexual nature that

8
HARASSMENT LAW - FEDERAL

• Is made an employment condition
• (submission to such conduct is made a
• term or condition of employment) or

9
HARASSMENT LAW - FEDERAL

• Is made an employment consequence
• (submission to, or rejection of, such
• conduct is made the basis for employment
• decisions) or

10
HARASSMENT LAW - FEDERAL

• Is an offensive job interference
• (unreasonably interferes with an employees
• work performance or creates an intimidating
• hostile or offensive working environment).

11
HARASSMENT LAW - CALIFORNIA

• Fair Employment and Housing Act.
• DFEH.

12
HARASSMENT LAW CALIFORNIA

• California definition
• unwanted sexual advances, or verbal,
• visual or physical conduct of a sexual
• nature.

13
HARASSMENT LAW - CALIFORNIA

• Harassment because of sex defined
• including sexual harassment, gender
• harassment, and harassment based on
• pregnancy, childbirth, or related medical
• conditions.

14
HARASSMENT LAW FEDERAL CALIFORNIA

• Protected categories (other harassment)
• Race
• Religion
• Color
• National Origin
• Ancestry
• Physical disability (including HIV AIDS)

15
HARASSMENT LAW FEDERAL CALIFORNIA

• Mental disability
• Medical condition
• Marital status
• Sex (including gender identity)
• Sexual orientation
• Age (over 40)

16
HARASSMENT LAW

• California law also makes it unlawful to help,
• encourage, or coerce someone to commit sexual
  harassment or attempt to do so.
• An employee who commits harassment may be sued
  personally.

17
HARASSMENT LAW

• Harassment that involves physical assault or
• battery or sexual assault may be prosecuted
• criminally as well as civilly.
• Retaliation is prohibited against any person
• for filing a complaint, opposing harassment
  or
• testifying.

18
TYPES OF SEXUAL HARASSMENT

• Quid Pro Quo (Latin phrase)
• Conditions an employment benefit or continued
  employment on the employees acquiescence to
  sexual conduct.

19
TYPES OF SEXUAL HARASSMENT

• Hostile Work Environment
• Where unwelcome and demeaning sexually related
  behavior creates an offensive, abusive,
  intimidating, or hostile work environment.

20
FORMS OF SEXUAL HARASSMENT

• Verbal
• Visual
• Physical

21
HARASSMENT VS. UNLAWFUL HARASSMENT

• Sexual conduct becomes unlawful only when it is
  unwelcome.
• The conduct must be unwelcome in the sense that
  the employee did not solicit or incite it
• and in the sense that the employee regarded the
  conduct as undesirable or offensive.

22
WHO CAN COMMIT SEXUAL HARASSMENT?

• Co-workers (male female)
• Supervisors, managers
• Farm labor contractors
• Customers
• Vendors, independent contractors
• Visitors
• Governmental agency personnel

23
WHERE DOES SEXUAL HARASSMENT OCCUR?

• On the job.
• Work related activities away from job site.
• Employer sponsored activities.
• Employee social activities (non-work).

24
WHY DO EMPLOYEES KEEP HARASSMENT QUIET?

• It is embarrassing.
• Fear of
• Concerned about being labeled a troublemaker
• Peer pressure.

25
WHY DO EMPLOYEES KEEP HARASSMENT QUITE?

• The culture looks down on this.
• The harasser is a supervisor or manager.
• The harasser is an important client.

26
WHAT CONSTITUTES A COMPLAINT OR KNOWLEDGE?

• Rumor
• Office gossip
• Off the record
• Formal written or verbal
• Please dont tell anyone
• Comments to management, HR, other staff

27
EMPLOYEE COMPLAINTS

• How you respond and handle an employee
• complaint may determine the outcome of a
• lawsuit, if there is one.

28
11 KEY POINTS FOR HANDLING EMPLOYEE COMPLAINTS

• Take every complaint seriously.
• Recognize that sexual harassment usually occurs
  in private and without witnesses.
• Be familiar with company policy, follow
  procedures.

29
11 KEY POINTS FOR HANDLING EMPLOYEE COMPLAINTS

• Advise management immediately and keep them
  informed.
• Keep your inquires, interviews, discussions,
  comments, etc., confidential.
• Act with sensitivity and conduct yourself in a
  professional manner without implying personal
  beliefs or conclusions.

30
11 KEY POINTS FOR HANDLING EMPLOYEE COMPLAINTS

• Document everything conversations, interviews,
  discussions, phone calls etc.
• Immediately address any concerns about
  retaliation by emphasizing zero tolerance and
  encouraging reporting.

31
11 KEY POINTS FOR HANDLING EMPLOYEE COMPLAINTS

• Never refuse to take action until the
  complaining employee signs a statement or
  provides corroboration or other evidence.
• Do not attempt to take the easy way out by
  transferring an employee who complained. This
  does little to solve the problem and can lead to
  serious legal trouble.

32
11 KEY POINTS FOR HANDLING EMPLOYEE COMPLAINTS

• Follow up make sure the harassment has stopped
  and that the employee who complained is
  comfortable in the workplace.

33
STOPPING SEXUAL HARASSMENT

• The key to a harassment free work environment
• Education
• Awareness
• Respect
• Enforcement

34
STOPPING SEXUAL HARASSMENT

• Supervisors have six (6) basic duties
• 1. Lead by example do not harass others.
• Because of your authority, your actions can
• more easily result in harassment.

35
STOPPING SEXUAL HARASSMENT

• 2. Educate employees.
• Let employees know that sexual harassment
• will not be tolerated.
• Provide training.

36
STOPPING SEXUAL HARASSMENT

• 3. Monitor your work environment for
• harassment.
• Do not assume everything is fine just because no
  one has complained be proactive.
• Periodically check-in pay attention to
  whats going on.

37
STOPPING SEXUAL HARASSMENT

• 4. Intervene when harassment occurs.
• Dont simply wait for an employee to
• complain.
• Take action.

38
STOPPING SEXUAL HARASSMENT

• 5. Report potential harassment immediately.
• As a supervisor it is your responsibility to
  report any allegations of harassment to the
• appropriate management personnel.

39
STOPPING SEXUAL HARASSMENT

• 6. Never retaliate against any employee.
• No adverse action against any employee that
• files a complaint or participates in an
  investigation.

40
STOPPING SEXUAL HARASSMENT

• WHAT CAN YOU DO?
• To prevent innocent harassment from evolving
• into illegal harassment an employee needs to
• be able to recognize when it crosses the line and
• take action against it.

41
STOPPING SEXUAL HARASSMENT

• ASK
• Polite requests to refrain from engaging in the
• disturbing behavior.
• (mild forms of harassment)

42
STOPPING SEXUAL HARASSMENT

• TELL
• Assertive techniques involve telling the offender
• specifically what you heard or observed, stating
• your feelings with an explanation and telling the
• offender what future behavior is expected.
• (moderate forms of harassment)

43
STOPPING SEXUAL HARASSMENT

• THREATEN
• Warning techniques are when the offender is
• given a final notice that unless the behavior
• changes a complaint will be filed.
• (severe pervasive forms of harassment)

44
WORKPLACE RULES

• Work is for work.
• Work is not your private life.
• You must treat all co-workers in a professional
  and dignified manner.

45
WORKPLACE RULES

• Compliment an employee on their work not their
  looks.
• Supervisors should not date their subordinates.
• Attention that is welcome in a private or social
  setting where gender is a factor, is damaging in
  the workplace.

46
WORKPLACE RULES

• If that someone says no respect that,
• NO MEANS NO!

47
REMEDIES AVAILABLE TO VICTIMS

• File a complaint with employer.
• File a complaint with DFEH.
• File a complaint with the EEOC.
• File a civil lawsuit.

48
REMEDIES CALIFORNIA (DFEH HEARING)

• Back pay
• Out-of-pocket losses
• Up to 150K in combined emotional distress
  damages and administrative fines
• The administrative fines are payable to the state

49
REMEDIES CALIFORNIA (CIVIL COURT)

• Unlimited monetary damages
• Back pay
• Emotional distress damages
• Punitive damages
• Out-of-pocket losses