positive workplace culture and preventing harassment

Positive Workplace Culture and Preventing Harassment

Positive Workplace Culture and Preventing HarassmentPeggy MooreTE 887 Final PresentationExpanded content: Embedded video and audio, transitions, animations, bullets, dimming, hyperlinks, and actions.

1I. Speakers Notes:We are committed to maintaining a respectful and dignified workplace for all employees. Sexual harassment interferes with and needlessly undermines an otherwise respectful and dignified workplace.As borne out by recent multimillion-dollar settlements, defending against a charge of sexual harassment can also be an extremely costly exercise, resulting in further bottom-line losses.Formal complaints of sexual harassment are on the rise. There has been an increase in the number of sexual harassment complaints filed with the EEOC. Formal complaints with the EEOC are between 15,000 and 20,000 a year. All types of employers have fallen victim to sexual harassment charges: the government, the armed forces, large and international corporations such as Wal-Mart and Mitsubishi, and even local Ma & Pa stores. No organization is immune, including ours. This training session is designed to help us gain a better understanding of what sexual harassment is and isnt so we can provide a secure environment for employees and avoid costly lawsuits.Not asking you to be a prude or ultra sensitive. I am asking you to lead the organization in a great work environment.

2008 Baird Holm LLPWorkplace Bullying

Video: Dealing with workplace bulliesTODAYmsnbc.msn.comJul 14, 2009

Click for EEOC StatisticsIllegal DiscriminationRaceColor Religion Sex AgeNational originDisabilityOther protected class

Types of Harassment8. Speakers Notes:Lets talk here about sex harassment. Most prevalent and most understood.

The key to whether an act(s) constitutes sexual harassment is if the behavior is unwelcome and is based on sex (i.e., gender). Therefore, if a sexually oriented advance, request, verbal or physical conduct, or display of material is reasonably perceived as unwelcome, such conduct may be sexual harassment.

The following are examples of sexual conduct in the workplace that may constitute sexual harassment:

Touching or gesturing, blocking, following (physical acts)

Requests for sexual favors, dates, lewd remarks, or sexual innuendo (verbal acts)

Visual displays of sexual photos, cartoons, posters, calendars, and drawings (visual acts)

2008 Baird Holm LLPHostile Environment:95% of claims Any conduct with purpose or effect of interfering with work performance or creating an intimidating, hostile, or offensive working environmentViewed from perspective of reasonable person as victim

Types of HarassmentAny conduct which has the purpose or effect of unreasonably interfering with an individuals work performance or creating an intimidating, hostile, or offensive working environmentHarassing conduct is viewed from the perspective of a reasonable person in the position of the victim

12 2008 Baird Holm LLPMutual respect, fairness, and equal opportunityCourteous, responsive, and ethical relationsOrganizational Values

Illegal DiscriminationSexual HarassmentHostile Environment

Types of Harassment

7. Speakers Notes:Lets talk here about sex harassment. Most prevalent and most understood.






2008 Baird Holm LLP

Illegal DiscriminationSexual HarassmentHostile Environment







2008 Baird Holm LLPSexual Harassment Unwanted advancesRequests for sexual favorsVerbalPhysicalQuid Pro QuoOffers job-related benefit in exchange for sexual favors







2008 Baird Holm LLPIllegal DiscriminationSexual HarassmentHostile Environment

Types of Harassment

11. Speakers Notes:Lets talk here about sex harassment. Most prevalent and most understood.






2008 Baird Holm LLPPhysicalEye contact ImagesVerbalRepetitive behavior or communicationJokes

Forms of Harassment

Physical: touching, grabbing, caressingEye contact: Staring, leering, tauntingImages: Pictures, cartoons, pornographyRepetative behavior and communications: Unrelenting requests for dates, letters, calls/stalking13 2008 Baird Holm LLP

Inappropriate JokesRelate to sex, race, color, national origin, disability, religion, or ageRegardless of whos going alongWith purpose or effect to intimidate, embarrass, or denigrate Will the joke be funny in a courtroom?

Forms of HarassmentPhysical: touching, grabbing, caressingEye contact: Staring, leering, tauntingImages: Pictures, cartoons, pornographyRepetative behavior and communications: Unrelenting requests for dates, letters, calls/stalking14 2008 Baird Holm LLPWomanManOpposite or Same GenderSupervisors

SubordinatesCo-workersClientsVendorsStudentsWho May Be Accused

Physical: touching, grabbing, caressingEye contact: Staring, leering, tauntingImages: Pictures, cartoons, pornographyRepetative behavior and communications: Unrelenting requests for dates, letters, calls/stalking15 2008 Baird Holm LLPDirect target Bystander/witnessEmployeeMen/WomenManager

Who May Experience Harassment

Physical: touching, grabbing, caressingEye contact: Staring, leering, tauntingImages: Pictures, cartoons, pornographyRepetative behavior and communications: Unrelenting requests for dates, letters, calls/stalking16 2008 Baird Holm LLPUncomfortable work environmentHarm to physical healthHarm to mental healthReduced job performanceReduced job satisfaction

Impact on Victim

Physical: touching, grabbing, caressingEye contact: Staring, leering, tauntingImages: Pictures, cartoons, pornographyRepetative behavior and communications: Unrelenting requests for dates, letters, calls/stalking17 2008 Baird Holm LLPReduced productivity Reduced professionalismReduced civility Cost

Impact on Employer

Physical: touching, grabbing, caressingEye contact: Staring, leering, tauntingImages: Pictures, cartoons, pornographyRepetative behavior and communications: Unrelenting requests for dates, letters, calls/stalking18 2008 Baird Holm LLPDecreased professionalismDecreased respect from coworkersDiscipline and dischargePersonal consequencesLiabilityImpact on Harasser

Physical: touching, grabbing, caressingEye contact: Staring, leering, tauntingImages: Pictures, cartoons, pornographyRepetative behavior and communications: Unrelenting requests for dates, letters, calls/stalking19 2008 Baird Holm LLPHow frequent is the conduct? How severe?Conduct physically threatening or humiliating?Conduct unreasonably interferes with anothers work performance?Allow the conduct toward your spouse or child?Could a reasonable person be offended?Identifying a Hostile EnvironmentPhysical: touching, grabbing, caressingEye contact: Staring, leering, tauntingImages: Pictures, cartoons, pornographyRepetative behavior and communications: Unrelenting requests for dates, letters, calls/stalking20 2008 Baird Holm LLPMay not discriminate against employee who:Opposed discriminationParticipated in charge, investigation or hearingAny action which dissuaded a reasonable worker from making or supporting a charge of discrimination.

RetaliationPhysical: touching, grabbing, caressingEye contact: Staring, leering, tauntingImages: Pictures, cartoons, pornographyRepetative behavior and communications: Unrelenting requests for dates, letters, calls/stalking21 2008 Baird Holm LLPTestYour Knowledge

TrueFalseHarassment can only happen to women.

TrueFalseHarassment can only happen to women.

False - While the majority of complaints are from women alleging harassment by men, harassment can be directed at men or women. TrueFalseSexual harassment can be committed by a man to another man, even if they are both heterosexual.TrueFalseSexual harassment can be committed by a man to another man, even if they are both heterosexual.True - The fact that a harasser is heterosexual is irrelevant. An uncomfortable working environment may still be created by his actions toward other men.TrueFalseSome sexual and racial harassment is part of every job, and you need to learn to handle it.TrueFalseSome sexual and racial harassment is part of every job, and you need to learn to handle it.False - No one has to put up with offensive discriminatory conduct, statements or jokes.TrueFalseA person may be guilty of sexual harassment and not know it.TrueFalseA person may be guilty of sexual harassment and not know it.True - Although someone should know if their statements or actions are potentially offensive, harassment is determined not by what the harasser thinks, but what a reasonable person thinksTrueFalseOnly supervisors and managers can seriously harass someone.TrueFalseOnly supervisors and managers can seriously harass someone.False - Harassment may be caused by a coworker, manager or customer.Embrace equal opportunity employmentManage without regard to race, color, religion, age, sex, national origin or disabilityMonitor workplace relationships and conduct Be proactive and intervene early on potential problems

Management ResponsibilitiesPhysical: touching, grabbing, caressingEye contact: Staring, leering, tauntingImages: Pictures, cartoons, pornographyRepetative behavior and communications: Unrelenting requests for dates, letters, calls/stalking33 2008 Baird Holm LLPBe a role model - exhibit expected behaviorsBe available to discuss and resolve problems Take ALL complaints seriouslyPromptly notify Human Resources of all complaints or reportsNo retaliation

Management ResponsibilitiesPhysical: touching, grabbing, caressingEye contact: Staring, leering, tauntingImages: Pictures, cartoons, pornographyRepetative behavior and communications: Unrelenting requests for dates, letters, calls/stalking34 2008 Baird Holm LLPwww.msnbc.com Today July 24, 2009www.nbc.comThe Office Season 2 Episode 14www.freeplaymusic.com Vibewww.eeoc.gov/eeoc/statistics/enforcement/sexual_harassment.cfmwww.eeoc.gov/laws/practices/harassment.cfm

ReferencesPhysical: touching, grabbing, caressingEye contact: Staring, leering, tauntingImages: Pictures, cartoons, pornographyRepetative behavior and communications: Unrelenting requests for dates, letters, calls/stalking35 2008 Baird Holm LLP

Positive Workplace Culture and Preventing HarassmentPeggy MooreTE 887 Final Presentation

36I. Speakers Notes:We are committed to maintaining a respectful and dignified workplace for all employees. Sexual harassment interferes with and needlessly undermines an otherwise respectful and dignified workplace.As borne out by recent multimillion-dollar settlements, defending against a charge of sexual harassment can also be an extremely costly exercise, resulting in further bottom-line losses.Formal complaints of sexual harassment are on the rise. There has been an increase in the number of sexual harassment complaints filed with the EEOC. Formal complaints with the EEOC are between 15,000 and 20,000 a year. All types of employers have fallen victim to sexual harassment charges: the government, the armed forces, large and international corporations such as Wal-Mart and Mitsubishi, and even local Ma & Pa stores. No organization is immune, including ours. This training session is designed to help us gain a better understanding of what sexual harassment is and isnt so we can provide a secure environment for employees and avoid costly lawsuits.Not asking you to be a prude or ultra sensitive. I am asking you to lead the organization in a great work environment.

2008 Baird Holm LLP

positive workplace culture and preventing harassment

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