Workplace Harassment Prevention for Managers – Multi-State Edition lch_01_a08_lc_enus

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Test Question Page , Multiple Choice Wide (P165)

STEM ITEM Which two situations are likely to be examples of unlawful discrimination or harassment? TEXT ITEM GRAPHIC DIRECTION Center Question OPTION 1 (CORRECT) Omar is upset because some of his colleagues regularly make fun of him by imitating his Iranian accent OPTION 2 (CORRECT) Rachel is fired for poor performance shortly after notifying her supervisor that she is pregnant, in spite of longer service and consistently better performance reviews that most of her colleagues who weren't let go OPTION 3 Colm and Arlene like to engage in banter about Colm being an "old-timer" and Arlene being a "newbie" OPTION 4 Todd likes to embarrass Michael in the office by ridiculing his political viewshis “lack of style” in the way he dresses PLEASE INSERT THIS NEW SLIDE AFTER P335:

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LIST ITEMS Bulleted CAPTION ITEM And, some states’ laws include more categories. For example, in addition to the federally-protected characteristics just mentioned, California also prohibits harassment based on: CAPTION ITEM GRAPHIC DIRECTION Required: The Graphic Text is a heading for the page

Required: Please create an appropriate symbol or visual to accompany each item on the list, as in P335. CAPTION ITEM GRAPHIC REFERENCE/S LIST CAPTION ITEM 1 marital status LIST CAPTION ITEM 1 GRAPHIC DIRECTION See Suggestion above LIST CAPTION ITEM 2 sexual orientation and identity LIST CAPTION ITEM 2 GRAPHIC DIRECTION See Suggestion above LIST CAPTION ITEM 3 AIDS/HIV LIST CAPTION ITEM 3 GRAPHIC DIRECTION See Suggestion above LIST CAPTION ITEM 4 medical condition, and LIST CAPTION ITEM 4 GRAPHIC DIRECTION See Suggestion above LIST CAPTION ITEM 5 political activity or affiliation LIST CAPTION ITEM 5 GRAPHIC DIRECTION See Suggestion above

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Learning Point 3: Affirmative defense

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CAPTION ITEM 1 Under federal law, Eemployers can reduce liability for employee wrongdoing by an "affirmative defense." There are two elements. First, the employer must show it took reasonable steps to prevent harassment from occurring. This means demonstrating that it established an antiharassment policy, that its managers and HR personnel responded quickly to harassment complaints, and that it protected complainants from retaliation. Second, the employer must show that the complainant didn't take advantage of opportunities provided by the employer to correct the harassing behavior. CAPTION ITEM 1 GRAPHIC DIRECTION Lead-in to next page Explore Graphic.

Graphic Text 1 appears as a heading, with graphic text 2 and Graphic text 6 as main subheadings underneath.

Graphic Texts 3,4, and 5 appear as subheadings under Graphic text 2, and they are the Hotspots on the next page.

Time the Graphic Texts with the narrative as far as you can.

Suggestion: in the background, show an attorney making a case to a judge

Page 1 , Explore Graphic (P617)

TEXT ITEM The affirmative defense is not available under some states’ laws, however. California, Michigan, Missouri, Massachusetts, and Illinois, for example, hold employers strictly liable for harassment.

Nevertheless, examining the elements of the federal affirmative defense can help So let's focus on show how companies and their managers can reduce their liability for the likelihood that harassment complaints by taking reasonable steps to prevent it will occur.

Select each step to learn more about it. TEXT ITEM GRAPHIC DIRECTION Required: show a trial attorney making a case to a judge. HOTSPOT/LABEL 1 Establish and promote an antiharassment policy HOTSPOT/LABEL 1 ASSOCIATED TEXT The company should create an antiharassment policy and make it available to all employees. An important element of that policy is a clear complaint procedure with multiple points of entry. The policy should encourage employees to report harassment and inform them of the channels for doing so. Deepa's company appears to have failed in that, since Deepa didn't seem to know she could go to anyone else after Kathryn mishandled her complaint. Deepa should have been able to report her complaint to HR, to another supervisor or manager, or to a company executive after Kathryn's rebuff. Instead, Deepa felt she had no option but to resign.

It would also help the company's case if it could show that it provided training for its employees in the provisions of this policy and that it enforced the policy in a rigorous and consistent way. HOTSPOT/LABEL 1 GRAPHIC DIRECTION Required: image of official looking document headed "Antiharassment policy" HOTSPOT/LABEL 2 Respond quickly to any complaints of harassment HOTSPOT/LABEL 2 ASSOCIATED TEXT When Deepa complained to her manager, Kathryn, about being harassed, her employer couldn't respond promptly because Kathryn didn't report Deepa's complaint. Kathryn should have immediately informed HR about the situation so that the correct steps could've been taken to deal with it. Her failure to do so caused the harassment problem to escalate. HOTSPOT/LABEL 2 GRAPHIC DIRECTION CM: Deepa, Kathryn

Required: shot of the meeting between Deepa and Kathryn (scene 11) HOTSPOT/LABEL 3 Protect the complainant from retaliation HOTSPOT/LABEL 3 ASSOCIATED TEXT In order to promote a workplace that's free from harassment, all employees need assurance that they can report harassment without being penalized for doing so. Kathryn effectively punished Deepa for complaining about the harassment she suffered by demoting her. Even if Kathryn's intentions were good, her actions would be regarded as retaliation in response to Deepa's complaint, which is illegal. HOTSPOT/LABEL 3 GRAPHIC DIRECTION CM: Deepa, Kathryn

Required: shot of the meeting between Deepa and Kathryn (scene 11)