Unit 5 Seminar

We will be covering:

This Unit’s To Do

Harassment

Accommodating Religion

Disability Discrimination and Accommodation

Read Chapter 9 and 10

Contribute to the Discussion Board

Complete a two to three-page paper that addresses: Identify behaviors and situations that constitute harassment.

Include examples related to both sexual harassment and harassment associated with other protected classes.

Discuss the differences between the two types of sexual harassment: “Hostile Work Environment” and “Quid Quo Pro?".

Describe employer liability associated with harassment.

Complete the Journal What three practices would you recommend employers use to

prevent sexual harassment in the workplace? Why would these practices help?

A form of discrimination

Covered under Title VII of Civil Rights Act

In a harassment claim, plaintiffs must show that the mistreatment was discriminatory, harmful, unwelcome, and a basis for attributing liability to the employer

Two male employees tell a sexually dirty joke. The joke is overheard by a female employee who complains to her supervisor that this is sexual harassment. Is her complaint legitimate?

Both men and women can be harassed. Both men and women can be the harassers.

If your intentions are good, your behavior can’t be sexual harassment.

If you tease someone, and it is all in fun, it can still be harassment.

The victim does not have to be the person at whom unwelcome conduct is directed. It could be who is affected by conduct directed toward someone else.

Unwelcome (sexual) advances, requests for (sexual) favors, and/or verbal or physical conduct (of a sexual nature), when

Submission or rejection of such behavior:

▪ is made a term or condition of employment

▪ is used as a basis for employment decisionsor

Such behavior interferes with an individual’s work performance, or creates a hostile or intimidating environment.

It is a Latin term that is translated as “this-for-that.”

This typically refers to situations of harassment when people in power attempt to get certain “favors” from employees in exchange for employment decisions.

Example: “If you go out with me, I will consider you for that promotion you want.”

Behavior in the workplace that: unreasonably interferes with an

individual’s ability to workor

creates a hostile, offensive, or intimidating work environment

Behavior that is Unwelcome sexual in nature or based on gender Comments or disparaging remarks about

a person’s color, race, ethnicity, gender, religion, ancestry or age

Severe or Pervasive Severity - the degree of harm Pervasive – the frequency and regularity

of harassment

What are some examples of verbal harassment?

Swearing, foul language

Dirty jokes/racy stories

Flirtation Example – I didn’t have a good time at the beach, because you weren’t there.

Making suggestive comments about a person’s clothing, anatomy or looks.

Asking personal questions about social or sexual life

Referring to an adult as a girl, hottie, babe, honey

What are some examples of non-verbal or physical harassment?

Making sexual gestures with hands, body movements or facial expressions

Looking a person up and down

Displaying sexually suggestive objects or pictures

Blocking a person’s path

Giving a massage Touching a person’s clothing hair or body

What steps should an organization take to guard their workplace from harassment?

Develop an organization-wide harassment policy which identifies that harassment will not be tolerated.

Hold training sessions with supervisors Train all employees; include training in new employee

orientation.

Establish a formal complaint system where employees can discuss issues without fear of retaliation.

Act immediately when employees complain of sexual harassment.

When an investigation supports employee charges, discipline the offender up to and including termination.

Harassment policies should: Apply to all employees and managers Clearly explain harassment Strongly prohibit harassment Provide a clear and accessible complaint procedure Protect employees against retaliation Promise careful handling of information but not

absolute confidentiality Indicate appropriate corrective action will be taken Specify it includes all protected classes

Complaint procedures should: Provide employees with multiple accessible

parties where reports of harassment can be made

Not require harassment to be reported to the alleged harasser

Require that all employees with knowledge of harassment (especially supervisors) report it to HR or other appropriate individuals.

Employers should respond to report promptly Begin investigating even if the employee asks

the employer not to act. Investigators should interview all pertinent

witnesses and avoid making premature assumptions

Take corrective action if there is evidence of offensive action

The extent of discipline should correspond to the severity of the harassment

Completely document the process

Title VII prohibits employers from making decisions based on a person’s religion

Be cognizant of the fact that religious institutions may employ members of their own faith to promote their religion.

Under Title VII, employers must accommodate an employee’s religious practice unless doing so would cause the business undue hardship.

Courts have interpreted this requirement as being more limited than accommodating for disability

Unlike other protected classes, religion is not only something that a person is, but also something that is expressed in words and deeds.

Employers are not expected to be aware of the religious practices of employees. Employees are expected to inform employer if they are requesting accommodation and do so before disciplinary action occurs.

Mary Myers is a practicing Seventh Day Adventist. The tenets of her religion forbid her from engaging in any form of work on the Sabbath, which extends from sundown on Friday to sundown on Saturday. In June of 1988, Myers was hired as a full-time bus operator trainee by the New York City Transit Authority, which operates its buses on a seven-day per week, twenty-four-hour per day basis. From the outset, Myers made it clear to her supervisors that her religious commitments would prevent her from working between sundown on Friday and sundown on Saturday. A problem arose . . . because she was assigned Wednesdays and Thursdays as her days off, a schedule requiring her regularly to work on her Sabbath. Under the terms of the collective bargaining agreement between the Authority and the Transport Workers Union, the privilege of selecting weekly days off was done by a seniority system. Myers spoke with several of her employer’s representatives in an effort to obtain some accommodation for her Sabbath observance. Her request for “split” days off was rebuffed on the ground that the practice was forbidden by the collective bargaining agreement. The issue in this case is whether an employer must make a good faith effort to try to accommodate an employee’s Sabbath where the accommodation would place the employer in violation of the agreement.

Ms. Bernstein worked at OPRF as a school psychologist. She received an anti-Semitic hate letter at her home that referenced administration and employees at OPRF, leading her to believe that it had been written by a fellow OPRF employee.

Ms. Bernstein alleges in her complaint that OPRF, through its agent Mr. Offerman, conducted an “intentionally ineffective and/or negligently indifferent inquiry into the incident. Neither the letter, nor a copy thereof, was included in the record. However, Ms.Bernstein asserts that the letter contained “swastikas and threats along religious lines,” characterizations OPRF does not refute. After complaining about the inadequate investigation, Ms. Bernstein asserts, OPRF began to treat her unfavorably.

The issue is whether an employer is guilty of religious discrimination for adversely affecting a worker’s employment by failing to investigate an anti-Semitic hate letter.

Wilson, a Roman Catholic, made a religious vow that she would wear an antiabortion button “until there was an end to abortion or until she could no longer fight the fight.” The button was two inches in diameter and showed a color photograph of an 18- to 20-week-old fetus. The button also contained the phrases “Stop Abortion” and “They’re Forgetting Someone.” Wilson began wearing the button to work in August 1990. Another information specialist asked Wilson not to wear the button to a class she was teaching. Wilson explained her religious vow and refused to stop wearing the button. The button caused disruptions at work. Employees gathered to talk about the button. U.S. West identified Wilson’s wearing of the button as a “time robbing” problem. She cited religious discrimination, claiming that she was not reasonably accommodated.

What do you think should happen?

The facts as found show that Mary E. Schumaker, a member of the United Pentecostal Church, was employed by the district as an interpreter and tutor for deaf students. Schumaker would neither take God’s name in vain nor use everyday swear words. She interpreted the line in Gone with the Wind, “Frankly my dear, I don’t give a d**n,” as “Frankly, I don’t care.” The district board then adopted the committee’s guidelines, including the requirementof literal word-for-word interpretation to the deaf students. Because she would not work at the district’s high school under the new guidelines, she was terminated.

What do you think should happen?

At Prestige Motors, Muslim employees request to pray on their personal rugs on the factory floor during breaks. Prestige states this is disruptive to the work environment. Instead, Prestige assigns them space in the cafeteria. Coworkers complained that the Muslims annunciation of their prayers is disrupting their co-workers ability to converse during lunch.

How would you advise Prestige to proceed?

Understand the provisions of the Americans with Disabilities Act.

Treat disabled workers as you would treat other employees.

Know what is covered under the ADA. Attempt to accommodate disabled workers if their

requests are reasonable. Refrain from questioning applicants about whether

they are disabled. Know that if the accommodation requested is an

undue burden, then it does not have to be granted. Safeguard the confidentiality of the medical records

of disabled employees. Do not speak to coworkers about an employee’s

disability. Be aware that the ADA does not mandate special

treatment for the disabled; they must be able to perform the essential functions of the job.

A delivery person injured his back on the job resulting in a back problem requiring surgery. After the surgery, the physician restricted lifting to 23 pounds. This restriction precluded the employee from doing his position. He applied to other positions in the organization but was determined the employee not to be qualified for the positions. The company concluded there were no jobs for which the employees qualified and terminated the employee.

The employee sued. What do you think the court should do?

Any questions or anything to add?

Happy Learning!