health services department harassment prevention training
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Health Services Department Harassment Prevention Training. Concerning Sexual and Other Types of Harassment. What is Harassment? Write your ideas See p. 5. Harassment Is…. Page 5. Employment discrimination, and becomes evident when: - PowerPoint PPT PresentationTRANSCRIPT
Health Services Department
Harassment Prevention
Training
Concerning Sexual and Other Types of
Harassment
04/19/2023 3
Harassment Is…
.
Page 5
Employment discrimination, and becomes evident when:
the conduct has unreasonably interfered with another employee’s job performance through violation of their
‘protected’ rights.
Harassment is unwelcome conduct that violates an individual’s protected rights in the workplace.
04/19/2023 4
Lack of Respect - unacceptable:
…harassment and discrimination of any kind indicates lack of respect towards anyone with whom we come in contact during the course of our employment activities.
This behavior is unacceptable in our work environment.
p. 6 - bottom
04/19/2023 5
Objectives p. 7
Understand:1. County policies, State and Federal
laws concerning workplace harassment;
2. Our protected rights in the workplace;
3. Your responsibilities to prevent harassment and discrimination;
4. Steps to take if you believe you are being harassed and/or discriminated against.
Health Services employees are protected under:
County policies and procedures
State laws &
regulations
Federal laws & EEOC regulations
P. 9
04/19/2023 9
County Anti Harassment Policies
p. 10
County employees are entitled to and will be provided with, a workplace environment which is free from harassment.
Ref: Notice of County Non-Discrimination and Anti-Harassment Policies
04/19/2023 10
County Anti Harassment Policies
p. 10
All employees are individually responsible for conducting themselves in ways that others are able to work in an atmosphere free of discrimination, harassment or intimidation.
Ref: Notice of County Non-Discrimination and Anti-Harassment Policies
04/19/2023 11
Contra Costa County and the Health Services Department is
committed to
Maintaining a work, service and program environment free of discrimination, harassment or intimidation.
Ensuring county employees promote a positive work environment.
Ref: Notice of County Non-Discrimination and Anti-Harassment Policies
p. 10
04/19/2023 12
You have the right to work in an environment that is:
Free of Retaliation for:
Reporting discrimination or harassment, and/or
Participating in an investigation of a discrimination claim.
Ref: County Non-Discrimination and Anti-Harassment Policies/ State of California
Ref: Burlington Northern Santa Fe Railway v. White, 05-259
p. 10
04/19/2023 13
The County policy includes protection for
All Sexual Orientations
Heterosexual, Homosexual (lesbian, gay), Transgender & Bi-sexual
Protections embedded in state law
p. 10
04/19/2023 15
Fair Employment & Housing Act
California state legislation providing protection in our workplace
See protections listed on page 11
04/19/2023 16
California Fair Employment and Housing Act p.11
Defines harassment because of sex as:
Sexual harassment, or Gender based harassment, or Harassment based on
pregnancy, childbirth, or related medical conditions.
04/19/2023 17
California Fair Employment and Housing Regulations
p. 12
Define sexual harassment as: Unwanted sexual advances,
Visual conduct: displaying sexually suggestive objects,
Verbal sexual advances Verbal abuse of a sexual nature Physical conduct – touching, blocking Making…retaliatory action after
negative response to sexual advances.
04/19/2023 18
It is up to youP. 12
To clearly state when behaviors are unwelcome.
Request that your harasser stop,
Supervisor to ensure the behaviors are stopped.
04/19/2023 20
Federal Civil Rights Act of 1964
Title VII p. 13
Prohibits employment discrimination due to an
employee’s protected class of:
Race, Color, Religion, Sex, National Origin, Age (40+),
Disability or Genetic Information
The Genetic Information Nondiscrimination Act of 2008 (GINA)
Not legal to discriminate against employees or applicants because of genetic information.
Genetic information includes information about individual's (or family member’s) genetic tests about any disease, disorder or condition.
04/19/2023 21
Effective: November 21, 2009.
National Origin
Patient/Client
Policies, MOU’s
Procedures&
Laws
Job Description & Specs.
Standards Of
Practice
Age
Sexual Orientation
Gender
RaceReligion
Marital Status
Work Environment - Key Federal, California, & County Harassment/ Discrimination Protections
Color
Sex
Ancestry
Medical Condition
Denial FMLA (if eligible)
Religion &
Creed
Disability
FederalState & County
p. 15
Genetic Info
04/19/2023 24
EEOC Guidelines for Title VII
Harassment is any practice that targets an individual’s protected rights and:
Negatively affects his/her work performance, or
Undermines his/her sense of personal dignity.
Affects their continued employment status
p. 17
04/19/2023 25
Two types of workplace harassment
1. Quid Pro Quo – Sexual Harassment
2. Hostile Environment Harassment
04/19/2023 26
Quid Pro Quo p.
18
1. Latin term meaning ‘an exchange’.
In the workplace the exchange is between employees…
Individual suffers a job detriment for refusing …a sexual advance
04/19/2023 27
Job Detriments include
Not receiving: Employment or contract
work Promotion Bonus (merit) payments
p. 18
04/19/2023 28
Job Detriments also include
Being reassigned with significant changes in status;
A decision causing significant changes in benefits.
Because of refusing sexual advances.Discuss: Burlington Northern Santa Fe
Railway v. White, 05-259
p. 18
04/19/2023 29
Who Harasses Whom?P. 19
Sexual harassment may occur in a variety of circumstances:
From a person in ‘power’ … a supervisor
Peer to peer harassment, Subordinate harassment of a
supervisor, Men can be sexually harassed by
women, Same sex harassment .
Conclusion: Offenders can be supervisors, co-
workers, or non-employees.
04/19/2023 30
Hostile Environment Harassment
Unwelcome conduct creating an uncomfortable work environment for some employees.
p. 21
04/19/2023 31
Unwelcome Behavior Identifier
Unwelcome Behavior identifiers:• Would a member of a protected class
consider the harassment hostile & offensive?
p. 21
Factors considered:1. Frequency & 2. Severity of the harassing conduct
04/19/2023 32
3. Whether harassing conduct is: • Physically threatening or
humiliating.
• Unwelcome • Unreasonably interferes with an
employee’s work performance or alters other condition of employment
p. 21
Unwelcome Behavior Identifier
04/19/2023 33
Unwelcome Behavior Explained
p. 22
Hostile environment harassment may be directed specifically at an employee, a group of employees;
Or - WitnessesAn employee(s) …may be subjected to harassment due to witnessing it
04/19/2023 34
Hostile Environment Harassment
Includes:
Sexually explicit talk or emails, Sexually provocative images, Comments on physical
attributes or Unwelcome - inappropriate
touching.
p. 22
04/19/2023 35
Workplace Harassment includes
Posting material that belittles, shows hostility because of protected characteristics on Health Services’ or County premises,
or Circulating this type of material in the workplace by oral, written, electronic or graphic means.
p. 22
04/19/2023 36
Reasonable Person Standard
‘the harassment must be so severe or pervasive that it creates an abusive work environment that a reasonable victim ( someone in a protected class) would also find the environment to be abusive.’
p. 23
04/19/2023 37
How to determine if it is Harassment
Investigators look at the entire record: including the nature of the conduct, and the context in which the alleged incidents occurred.
p. 23
04/19/2023 39
El Hakem v. BJY Electronics
Mamdouh
Manny
el Hakem
Hank
• Unsolicited nick name violated protected rights of race & national origin
= $60,000 in Title VII violations
p. 26
04/19/2023 40
Intent vs. Impact p. 27
Value skills & talents of team Imagine how other people
feel Think before acting or joking
‘I didn’t mean anything by it’ is not a valid defense of harassing behavior.
V
I
T
04/19/2023 41
Unwelcome Behavior
Unwelcome behavior is: Not Welcome Not Solicited, and Not WantedBy the offended person
p. 27
04/19/2023 42
Our Clients/Patients/Suppliers
Employees who deal directly with patients, the public or with personnel from other organizations:
Must always ensure that their own behavior is acceptable.
Are strongly encouraged to report incidents of unwelcome behavior by others.
p. 28
Employees who object to unwelcome behavior
should: Tell the person to stop:
Either in person, or In writing
Immediately
And
Employees who object to unwelcome behavior
should:1. Report the situation to
their supervisor or
2. Their supervisor’s supervisor,
And
3. Call Health Services Personnel at: (925) 957 - 5240
As soon as possible
04/19/2023 46
Complaint Processes
Complaint must be in writing and describe the behavior(s) and the person(s) involved.
See Toolkit in Appendix pp. 48 - 49 for :Key questions to help get organized, and the
Health Services complaint form.
04/19/2023 47
.
Yes - to the: County Affirmative Action
Office
The Merit Board
Union can support members at any stage
Can the employee appeal the HSD
results?p. 30
04/19/2023 48
What happens if they cannot resolve complaint within the
County?
Written complaints can also be sent to the:
California Department of Fair Employment & Housing, within 1 year
and/or Federal Government’s Equal
Employment Opportunity Commission
Within 180 - 300 days of incident
04/19/2023 50
Rarely will a person harass or discriminate against someone
they value… either accidentally or deliberately.
Its All A Matter of Respect
p. 32