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Discrimination, Harassment and Bullying Free Workplace

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Discrimination, Harassment and Bullying Free Workplace DISCRIMINATION, HARASSMENT AND BULLYING FREE WORKPLACE LUTHERAN SENIOR SERVICES OF DOVER EMPLOYEE EDUCATION AND TRAINING DISCRIMINATION, HARASSMENT, AND BULLYING FREE WORKPLACE Lutheran Senior Services of Dover is committed to a discrimination, harassment, and bullying free work environment All employees are expected to conduct themselves in a business like and professional manner when engaging with employees, residents, or the general public. LSSD promotes a culture of respect, diversity, and compassion. All employees are expected to read the LSSD policy on discrimination, harassment, and bullying prevention and request clarification from senior management as needed. Throughout the presentation there will be scenarios, quizzes and questions designed to test your knowledge. OBJECTIVES Define Discrimination, Harassment, and Bullying For every employee to know that they have the RIGHT to work in a respectful environment Know the different types of harassment and bullying Understand what to do when harassment occurs Supervisory responsibilities Protecting yourself DISCRIMINATION Discrimination is: A supervisor or person in authority making employment decisions related to hiring, firing, transferring, promoting, demoting, benefits, compensation, and other terms and conditions of employment because of an employee’s protected class status. PROTECTED CLASS STATUS UNDER FEDERAL LAW Race, color and national origin Sex (includes pregnancy related conditions) Religion Age (40 and older) Disability Military status Marital status Title VII of the Civil Rights Act of 1964 (Amended) PROTECTED CLASS STATUS UNDER DELAWARE STATE LAW Race, color or national origin Marital status Genetic information (GINA) Age (40 years or more) Religion Sex (including pregnancy) Sexual orientation Gender identity Disability EXAMPLES OF DISCRIMINATION A supervisor refusing to hire a well qualified candidate who is pregnant. Cutting back an employee’s hours because he/she just turned 65. Refusing to promote an employee because he/she is always out on family medical leave. Refusing to permit an employee to sign up for health benefits because he/she has a family history of heart disease. HARASSMENT Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990. HARASSMENT Harassment is unwelcome conduct based upon the protected classes previously addressed. It becomes unlawful when: Enduring the offensive conduct becomes a condition of continued employment; or The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile or abusive A hostile work environment serves no good purpose—tears down morale and reduces productivity. The prevention/elimination of harassment is EVERYONE’S responsibility TYPES OF HARASSMENT Sexual Harassment Quid Pro Quo Hostile Work Environment Bullying in the Workplace Third Party Harassment SEXUAL HARASSMENT Unwelcome, unwanted or offensive sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: Submission to the conduct is made either explicitly or implicitly a term or condition of the employee’s employment; or is used as a basis for any employment decision (granting a leave request, promotion, favorable performance appraisal, etc); or The conduct is unwelcome, unwanted or offensive and has the purpose or effect of unreasonably interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive working environment. EXAMPLES OF QUID PRO QUO SEXUAL HARASSMENT Latin for “something given in exchange for something else.” A supervisor telling a subordinate employee that if he/she accompanies the supervisor for a weekend get-away, the supervisor might be inclined to arrange for some PTO for the employee, or recommend a promotion. A person in authority threatening to discredit a subordinate employee if they won’t attend a party with them after work. HOSTILE WORK ENVIRONMENT A hostile work environment is created by either a supervisor or co-worker whose actions, communication, or behavior making it unreasonable to expect an employee to do his/her job. This means that the behavior altered the terms, conditions, and/or reasonable expectations of a comfortable work environment. Additionally, the behavior, actions or communication must be discriminatory in nature. EXAMPLES OF HOSTILE WORK ENVIRONMENT Degrading comments Sexual propositions Vulgar language Sexual touching Embarrassing questions about inappropriate subject areas Sexual jokes Bullying SCENARIO A technician is contracted to maintain the office copy machine. Each time the technician makes a service call the technician tells a dirty joke. Some employees can’t wait for the machine to require maintenance, so they can hear the latest joke. Even though no employees have complained, what is the supervisor’s responsibility? 1. The supervisor has the responsibility to maintain the deportment of the office. 2. Direct employees back to work 3. Talk to both the technician and the vendor employing him/her to convey concern about the technician’s behavior BULLYING IN THE WORKPLACE What is a bully: A blustering browbeating person; especially one habitually cruel to others who are weaker (Merriam Webster). Potential Concerns: Discrimination/harassment claims Workplace violence Drain on morale Increased turnover Low productivity Impact on business efficiency and the bottom line BULLYING STATISTICS 35% of all workers feel bullied at work 16% of those who feel bullied suffered health problems both physical and mental 17% quit their jobs to escape the bullying Most bullying is same sex harassing behavior often not covered by laws and employer policies 58% of the perpetrator pool is women 3X more prevalent than sexual harassment EXAMPLES OF BULLYING Withholding information necessary for performance Threatening job loss Gossip Excessive micromanagement Inequitable and harsh treatment Blaming someone for a problem they did not cause Taking credit for another’s contributions Humiliation, public reprimand, and/or obscene language Establishing work expectations which are unrealistic and holding the employee to them THIRD PARTY HARASSMENT Behavior not found offensive by some employees can facilitate an offensive environment for other employees. Example: A group of employees talking about each other’s sex lives in the workplace in the presence of another person who feels very uncomfortable about such discussions. WHAT TO DO An employee believing they have been subjected to discrimination, workplace or sexual harassment, or bullying should report that behavior to their supervisor (as long as the supervisor is not the offender), Deputy or Executive Directors, or the Director of Support Services. Complaints may be made verbally or in writing. WHY IS IT IMPORTANT TO FILE A COMPLAINT Discrimination, workplace or sexual harassment, and/or bullying can cause: Emotional injury Reduced productivity Increased absenteeism Fear Diminished morale WHY DO EMPLOYEES HESITATE TO REPORT BAD BEHAVIOR? Fear of losing their job Fear of retaliation Fear of getting someone in trouble Fear of disrupting the workplace Fear of embarrassment Fear of not being believed MUST THE BEHAVIOR BE UNLAWFUL BEFORE ACTION IS TAKEN? NO Our policy is the governing document, because it offers greater protection to the employee Our standards of behavior are more restrictive than the law, federal or state, therefore employees violating our policy become subject to discipline as outlined SUPERVISORY ROLE Set an example of respectful workplace behavior Convey the expectation that LSSD has no tolerance for discrimination, harassment, or bullying Ensure that employees understand the complaint process to include complaining to any level of management should the supervisor be the accused Take immediate steps to stop inappropriate behavior or conduct as it occurs or is reported Report inappropriate behavior immediately to the Deputy Director of HR/Operations, so that an investigation can commence SUPERVISORY ROLE Guard against retaliation—give examples of retaliation to the accused and clearly indicate the seriousness of such an infraction Working in concert with the Deputy Director, handle investigations discretely and confidentially as possible Be sensitive to all involved; it is very difficult for the complainant and witnesses to come forward and participate in an investigation KNOW THE COMPANY POLICY PROTECTING YOURSELF Respect one another, to include respecting fellow employee’s personal space Keep discussions “G” rated at work—think before you speak Keep compliments casual and neutral—check intent at the door Don’t touch someone else no matter how innocuous unless you have permission first Avoid jokes, words, phrases and gestures which could be offensive to others…when in doubt, don’t say it Stay clear of gossip! THE GOAL It is everyone’s responsibility to work toward creating and maintaining a work environment free of discrimination, workplace and sexual harassment, and/or bullying Treat everyone the way you wish to be treated; think about the famous John Lennon song, “Imagine.” The key is R E S P E C T!.
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