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Minimizing bullying and harassment
         in the workplace


        by Toronto Training and HR

              January 2012
3-4     Introduction to Toronto Training and HR
           5-6     Definition
Contents   7-8
           9-11
                   Impact of bullying and harassment
                   Organizational justification
           12-15   Workplace bullying
           16-17   Managers who bully
           18-19   Dealing with an office bully
           20-24   Practical steps to take
           25-26   Bill 168
           27-28   Homophobic bullying
           29-30   Questions to ask
           31-32   Stalking
           33-40   Claims of harassment in an educational setting
           41-50   Anti-harassment policies
           51-55   Sexual harassment
           56-57   Intervention methods
           58-59   Conclusion and questions



                        Page 2
Introduction




     Page 3
Introduction to Toronto Training
            and HR
• Toronto Training and HR is a specialist training and human
  resources consultancy headed by Timothy Holden
• 10 years in banking
• 10 years in training and human resources
• Freelance practitioner since 2006
• The core services provided by Toronto Training and HR are:
              - Training event design
              - Training event delivery
              - Reducing costs
              - Saving time
              - Improving employee engagement & morale
              - Services for job seekers

                            Page 4
Definition




   Page 5
Definition
Bullying
Harassment




                Page 6
Impact of bullying and
    harassment




          Page 7
Impact of bullying and
            harassment
Fall in productivity
Decreased morale
Deterioration of trust
Fall in employee turnover




                      Page 8
Organizational
 justification




      Page 9
Organizational justification
               1 of 2
He just goes off from time to time; he means no
harm
OK, I will ask him to apologize again
Ron’s skills are so valuable we can’t afford to lose
him
I just had “another” conversation with Ron-he will
be OK
It’s easier to keep him than to find a replacement



                       Page 10
Organizational justification
               2 of 2
That’s just how Ron is-he is just passionate
He doesn’t mean any harm; he’s just under a lot of
stress




                      Page 11
Workplace bullying




       Page 12
Workplace bullying 1 of 3
What do bullies want?
How is bullying accomplished?
Bullying needs bystanders
Signs of a bully at work
Social impact




                     Page 13
Workplace bullying 2 of 3
STOPPING ISSUES ARISING
Draft a policy that describes workplace harassment
and bullying, explains the consequences and
clarifies for employees what to do when
harassment and bullying occurs
Communicate the policy to all employees, including
senior personnel
Integrate bullying prevention into your leadership
development program


                      Page 14
Workplace bullying 3 of 3
HIGH RISK WORKPLACE CONDITIONS
Interpersonal conflicts or incompatible
relationships between two or more individuals
Frequent labour-management disputes
The perception of mistreatment among individuals
Abusive supervisory leadership behaviours




                     Page 15
Managers who bully




       Page 16
Managers who bully
Junior managers who have perhaps been over-
promoted and behave over-zealously towards their
team members, which is taken as bullying
Senior individuals who are high enough up the
ranks that people are scared to tell them that their
behaviour is inappropriate




                       Page 17
Dealing with an office
        bully




         Page 18
Dealing with an office bully
Gather proof
Confront them
Be the bigger person
Seek support
Do your job well
Look after yourself
Break the cycle
Go to the top
Learn from them


                       Page 19
Practical steps to take




          Page 20
Practical steps to take 1 of 4
Commitment from the top
Open culture
Surveys
Communication
Adequate support




                   Page 21
Practical steps to take 2 of 4
Treat complaints quickly and efficiently
Take preventative action and communicate clearly
that bullying will not be accepted and everyone
needs to be encouraged to come forward if indeed
they are being treated poorly
Following investigations make sure policies are up
to date and that there is very clear communication
of the policies as well as training for all



                      Page 22
Practical steps to take 3 of 4
TRAINING
Equality and diversity issues at a practical level
Understanding the organization’s harassment
policy and what it means in practice
Developing the people management skills
necessary to prevent bullying arising in the first
place
Being able to identify bullying and harassment
when it arises and deal appropriately with it


                       Page 23
Practical steps to take 4 of 4
ALTERNATIVES TO DISCIPLINARY ACTION
Management training
Using confidential 360-degree feedback surveys
depending on the size of the team, which enable
staff to report any concerns
Mentoring from a trusted colleague of the
employee's choice
Mediation



                     Page 24
Bill 168




  Page 25
Bill 168
Workplace violence
Workplace harassment
What employers must do
Measures and procedures to be included in
workplace violence programs




                     Page 26
Homophobic bullying




        Page 27
Homophobic bullying
TARGETS ARE OFTEN PEOPLE WHO
say they are gay, lesbian, bisexual or transgender
are thought by others to be gay, lesbian, bisexual
or transgender
don’t conform to male and female stereotypes
have same-sex parents or caregivers
have friends that are, or are thought to be, gay,
lesbian, bisexual or transgender



                      Page 28
Questions to ask




      Page 29
Questions to ask
Does behaviour have to be repeated behaviour to
be considered bullying?
What is not bullying?
Is teasing the same as bullying?
Is all bullying intentional?
What types of bullying are there?




                     Page 30
Stalking




  Page 31
Stalking
CRIMINAL HARASSMENT
Repeatedly follow you, or anyone you know
Repeatedly communicate with you, or anyone you
know, directly or indirectly
Repeatedly watch you, or anyone you know, or
lurk around your home, workplace, or any other
place you happen to be
Engage in any threatening conduct directed at you
or a member of your family


                     Page 32
Claims of harassment in
 an educational setting




          Page 33
Claims of harassment in an
     educational setting 1 of 7
AREAS TRIBUNALS WILL CONSIDER
Procedures in place at the time to deal with
discrimination and harassment
How quickly the organization responded
How seriously the complaint was treated
Resources available to deal with the complaint
If the organization provided a healthy environment
for the person who complained
How well the person who complained was told
about the action taken

                      Page 34
Claims of harassment in an
      educational setting 2 of 7
PREVENTING ALLEGATIONS TAKING PLACE
Giving policies to everyone as soon as they are
introduced
Making all teachers, school staff, students, etc.
aware of them by including the policies in
orientation material
Training people, including people in positions of
responsibility, about the policies, and educating
them on human rights issues


                       Page 35
Claims of harassment in an
     educational setting 3 of 7
MINIMIZING PROSPECTS OF HARASSMENT
OCCURRING
Showing a clear attitude that sexual and gender-
based harassment will not be tolerated
Showing a clear attitude that discrimination based
on sexual orientation, including homophobic
bullying, will not be tolerated
Having an effective anti-sexual and gender-based
harassment policy in place and making sure all
students know about it

                      Page 36
Claims of harassment in an
     educational setting 4 of 7
MINIMIZING PROSPECTS OF HARASSMENT
OCCURRING
Communicating clearly to the student body the
consequences of all forms of sexual and gender-
based harassment, including online sexual and
gender-based harassment
Including online harassment prevention measures
in sexual harassment and school Internet policies



                      Page 37
Claims of harassment in an
     educational setting 5 of 7
MINIMIZING PROSPECTS OF HARASSMENT
OCCURRING
Teaching students and staff about sexual
harassment, including gender-based harassment,
sex-role stereotyping, and homophobic comment
and conduct
Using role-playing and educational exercises to
help students be more aware of the impact of
sexual and gender-based harassment on others


                     Page 38
Claims of harassment in an
     educational setting 6 of 7
MINIMIZING PROSPECTS OF HARASSMENT
OCCURRING
Teaching students media literacy to help their
critical thinking and to ask appropriate questions
about what they watch, hear and read
teaching students how to protect themselves from
online sexual and gender-based harassment
respecting the confidentiality of students who
report sexual and gender-based harassment and
related bullying

                      Page 39
Claims of harassment in an
     educational setting 7 of 7
MINIMIZING PROSPECTS OF HARASSMENT
OCCURRING
This may encourage other students to report
harassment making sure staff have enough
resources, training and tools to spot sexually
harassing behaviours, and to identify and report
incidents when they do occur




                      Page 40
Anti-harassment policies




          Page 41
Anti-harassment policies 1 of 9
A clear, detailed policy that specifically outlines the
organization’s position against sexual harassment
Periodic management training and employee
awareness programs that continue to
communicate the organization’s position
A complaint procedure that encourages employees
to come forward with harassment complaints and
an investigative strategy that protects the privacy
interests of both parties


                        Page 42
Anti-harassment policies 2 of 9
WHAT IT SHOULD CONTAIN
Clear explanation of prohibited conduct
Assurance of protection against retaliation
Clearly described, easily accessible complaint
process
Assurance of confidentiality to the extent possible
Prompt, thorough and impartial investigation
Assurance of immediate and appropriate corrective
action when harassment has occurred


                      Page 43
Anti-harassment policies 3 of 9
COMMUNICATION
Including it in all employee handbooks
Posting it on employee bulletin boards
Reinforcing it through harassment sensitivity and
prevention training
Publishing it on the employer’s intranet
Publishing it on memos or paycheck stuffers
Discussing it in management meetings and written
guidelines for managers
Discussing it in work group or all-hands meetings

                     Page 44
Anti-harassment policies 4 of 9
COMPLAINT PROCEDURES
Complaint processes must fit the individual
workplace and can include “open-door” policies,
grievance procedures with a centralized place for
bringing complaints and special toll-free telephone
lines, among others
The procedure must offer reasonable alternatives
for lodging a complaint, where an employee
should be required to complain to his or her
supervisor or any other single employee

                      Page 45
Anti-harassment policies 5 of 9
COMPLAINT PROCEDURES
All complaints must be taken seriously, and all
managers, supervisors and other designated
individuals should be trained to react appropriately
and promptly to any complaints
Employees should be encouraged to report
harassment before it becomes severe or pervasive,
and all supervisors should be instructed to report
complaints to appropriate officials


                       Page 46
Anti-harassment policies 6 of 9
COMPLAINT INVESTIGATIONS
Timeliness, including promptly initiating the
investigation after an incident is reported or observed
and reasonable completion and reporting of the results
to appropriate parties
Objectivity and credibility, which require an impartial
investigation by a trained neutral party, the support of
management and the belief of employees that all
complaints are properly investigated and appropriate
corrective action taken when violations are found


                        Page 47
Anti-harassment policies 7 of 9
COMPLAINT INVESTIGATIONS
Thoroughness, accuracy and documentation of the
findings and corrective actions taken based on
balanced conclusions consistent with information
disclosed during the investigation




                     Page 48
Anti-harassment policies 8 of 9
AVOIDING RETALIATION
The most obvious examples of retaliation are
tangible employment actions, such as termination,
failure to promote or negative performance
reviews, while less obvious are undesirable shift
changes, reassignments or denial of overtime
Management must immediately correct a situation
where employees are reluctant to complain for fear
of retaliation


                      Page 49
Anti-harassment policies 9 of 9
AVOIDING RETALIATION
Anti-retaliation provisions may not prevent an
employee lodging a complaint to stop legitimate
adverse action, although the effects of prolonged,
unchecked harassment may adversely affect
performance and call into question otherwise
legitimate adverse action




                      Page 50
Sexual harassment




       Page 51
Sexual harassment 1 of 4
PSYCHOLOGICAL EFFECTS
Anxiety
Depression
Disrupted sleep
Loss of appetite
Inability to concentrate
Lowered self-esteem, loss of interest in regular
activities, social isolation, and feelings of sadness,
fear or shame


                        Page 52
Sexual harassment 2 of 4
EXAMPLES
asking for sex in exchange for a benefit or a favour
repeatedly asking for dates, and not taking “no”
for an answer
demanding hugs
making unnecessary physical contact, including
unwanted touching
using rude or insulting language or making
comments toward girls and women (or boys and
men, depending on the circumstances)

                      Page 53
Sexual harassment 3 of 4
EXAMPLES
calling people sex-specific derogatory names
making sex-related comments about a person’s
physical characteristics or actions
saying or doing something because you think a
person does not conform to sex-role stereotypes
posting or sharing pornography, sexual pictures or
cartoons, sexually explicit graffiti, or other sexual
images (including online)


                       Page 54
Sexual harassment 4 of 4
EXAMPLES
making sexual jokes
bragging about sexual prowess
bullying based on sex or gender
spreading sexual rumours or gossip (including
online)




                      Page 55
Intervention methods




        Page 56
Intervention methods
Rules and consequences
Restorative justice
No blame approach
Method of shared concern
Mediation method




                    Page 57
Conclusion and questions




          Page 58
Conclusion
Summary
Videos
Questions




               Page 59

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Minimizing bullying & harassment in the workplace January 2012

  • 1. Minimizing bullying and harassment in the workplace by Toronto Training and HR January 2012
  • 2. 3-4 Introduction to Toronto Training and HR 5-6 Definition Contents 7-8 9-11 Impact of bullying and harassment Organizational justification 12-15 Workplace bullying 16-17 Managers who bully 18-19 Dealing with an office bully 20-24 Practical steps to take 25-26 Bill 168 27-28 Homophobic bullying 29-30 Questions to ask 31-32 Stalking 33-40 Claims of harassment in an educational setting 41-50 Anti-harassment policies 51-55 Sexual harassment 56-57 Intervention methods 58-59 Conclusion and questions Page 2
  • 3. Introduction Page 3
  • 4. Introduction to Toronto Training and HR • Toronto Training and HR is a specialist training and human resources consultancy headed by Timothy Holden • 10 years in banking • 10 years in training and human resources • Freelance practitioner since 2006 • The core services provided by Toronto Training and HR are: - Training event design - Training event delivery - Reducing costs - Saving time - Improving employee engagement & morale - Services for job seekers Page 4
  • 5. Definition Page 5
  • 7. Impact of bullying and harassment Page 7
  • 8. Impact of bullying and harassment Fall in productivity Decreased morale Deterioration of trust Fall in employee turnover Page 8
  • 10. Organizational justification 1 of 2 He just goes off from time to time; he means no harm OK, I will ask him to apologize again Ron’s skills are so valuable we can’t afford to lose him I just had “another” conversation with Ron-he will be OK It’s easier to keep him than to find a replacement Page 10
  • 11. Organizational justification 2 of 2 That’s just how Ron is-he is just passionate He doesn’t mean any harm; he’s just under a lot of stress Page 11
  • 13. Workplace bullying 1 of 3 What do bullies want? How is bullying accomplished? Bullying needs bystanders Signs of a bully at work Social impact Page 13
  • 14. Workplace bullying 2 of 3 STOPPING ISSUES ARISING Draft a policy that describes workplace harassment and bullying, explains the consequences and clarifies for employees what to do when harassment and bullying occurs Communicate the policy to all employees, including senior personnel Integrate bullying prevention into your leadership development program Page 14
  • 15. Workplace bullying 3 of 3 HIGH RISK WORKPLACE CONDITIONS Interpersonal conflicts or incompatible relationships between two or more individuals Frequent labour-management disputes The perception of mistreatment among individuals Abusive supervisory leadership behaviours Page 15
  • 17. Managers who bully Junior managers who have perhaps been over- promoted and behave over-zealously towards their team members, which is taken as bullying Senior individuals who are high enough up the ranks that people are scared to tell them that their behaviour is inappropriate Page 17
  • 18. Dealing with an office bully Page 18
  • 19. Dealing with an office bully Gather proof Confront them Be the bigger person Seek support Do your job well Look after yourself Break the cycle Go to the top Learn from them Page 19
  • 20. Practical steps to take Page 20
  • 21. Practical steps to take 1 of 4 Commitment from the top Open culture Surveys Communication Adequate support Page 21
  • 22. Practical steps to take 2 of 4 Treat complaints quickly and efficiently Take preventative action and communicate clearly that bullying will not be accepted and everyone needs to be encouraged to come forward if indeed they are being treated poorly Following investigations make sure policies are up to date and that there is very clear communication of the policies as well as training for all Page 22
  • 23. Practical steps to take 3 of 4 TRAINING Equality and diversity issues at a practical level Understanding the organization’s harassment policy and what it means in practice Developing the people management skills necessary to prevent bullying arising in the first place Being able to identify bullying and harassment when it arises and deal appropriately with it Page 23
  • 24. Practical steps to take 4 of 4 ALTERNATIVES TO DISCIPLINARY ACTION Management training Using confidential 360-degree feedback surveys depending on the size of the team, which enable staff to report any concerns Mentoring from a trusted colleague of the employee's choice Mediation Page 24
  • 25. Bill 168 Page 25
  • 26. Bill 168 Workplace violence Workplace harassment What employers must do Measures and procedures to be included in workplace violence programs Page 26
  • 28. Homophobic bullying TARGETS ARE OFTEN PEOPLE WHO say they are gay, lesbian, bisexual or transgender are thought by others to be gay, lesbian, bisexual or transgender don’t conform to male and female stereotypes have same-sex parents or caregivers have friends that are, or are thought to be, gay, lesbian, bisexual or transgender Page 28
  • 29. Questions to ask Page 29
  • 30. Questions to ask Does behaviour have to be repeated behaviour to be considered bullying? What is not bullying? Is teasing the same as bullying? Is all bullying intentional? What types of bullying are there? Page 30
  • 32. Stalking CRIMINAL HARASSMENT Repeatedly follow you, or anyone you know Repeatedly communicate with you, or anyone you know, directly or indirectly Repeatedly watch you, or anyone you know, or lurk around your home, workplace, or any other place you happen to be Engage in any threatening conduct directed at you or a member of your family Page 32
  • 33. Claims of harassment in an educational setting Page 33
  • 34. Claims of harassment in an educational setting 1 of 7 AREAS TRIBUNALS WILL CONSIDER Procedures in place at the time to deal with discrimination and harassment How quickly the organization responded How seriously the complaint was treated Resources available to deal with the complaint If the organization provided a healthy environment for the person who complained How well the person who complained was told about the action taken Page 34
  • 35. Claims of harassment in an educational setting 2 of 7 PREVENTING ALLEGATIONS TAKING PLACE Giving policies to everyone as soon as they are introduced Making all teachers, school staff, students, etc. aware of them by including the policies in orientation material Training people, including people in positions of responsibility, about the policies, and educating them on human rights issues Page 35
  • 36. Claims of harassment in an educational setting 3 of 7 MINIMIZING PROSPECTS OF HARASSMENT OCCURRING Showing a clear attitude that sexual and gender- based harassment will not be tolerated Showing a clear attitude that discrimination based on sexual orientation, including homophobic bullying, will not be tolerated Having an effective anti-sexual and gender-based harassment policy in place and making sure all students know about it Page 36
  • 37. Claims of harassment in an educational setting 4 of 7 MINIMIZING PROSPECTS OF HARASSMENT OCCURRING Communicating clearly to the student body the consequences of all forms of sexual and gender- based harassment, including online sexual and gender-based harassment Including online harassment prevention measures in sexual harassment and school Internet policies Page 37
  • 38. Claims of harassment in an educational setting 5 of 7 MINIMIZING PROSPECTS OF HARASSMENT OCCURRING Teaching students and staff about sexual harassment, including gender-based harassment, sex-role stereotyping, and homophobic comment and conduct Using role-playing and educational exercises to help students be more aware of the impact of sexual and gender-based harassment on others Page 38
  • 39. Claims of harassment in an educational setting 6 of 7 MINIMIZING PROSPECTS OF HARASSMENT OCCURRING Teaching students media literacy to help their critical thinking and to ask appropriate questions about what they watch, hear and read teaching students how to protect themselves from online sexual and gender-based harassment respecting the confidentiality of students who report sexual and gender-based harassment and related bullying Page 39
  • 40. Claims of harassment in an educational setting 7 of 7 MINIMIZING PROSPECTS OF HARASSMENT OCCURRING This may encourage other students to report harassment making sure staff have enough resources, training and tools to spot sexually harassing behaviours, and to identify and report incidents when they do occur Page 40
  • 42. Anti-harassment policies 1 of 9 A clear, detailed policy that specifically outlines the organization’s position against sexual harassment Periodic management training and employee awareness programs that continue to communicate the organization’s position A complaint procedure that encourages employees to come forward with harassment complaints and an investigative strategy that protects the privacy interests of both parties Page 42
  • 43. Anti-harassment policies 2 of 9 WHAT IT SHOULD CONTAIN Clear explanation of prohibited conduct Assurance of protection against retaliation Clearly described, easily accessible complaint process Assurance of confidentiality to the extent possible Prompt, thorough and impartial investigation Assurance of immediate and appropriate corrective action when harassment has occurred Page 43
  • 44. Anti-harassment policies 3 of 9 COMMUNICATION Including it in all employee handbooks Posting it on employee bulletin boards Reinforcing it through harassment sensitivity and prevention training Publishing it on the employer’s intranet Publishing it on memos or paycheck stuffers Discussing it in management meetings and written guidelines for managers Discussing it in work group or all-hands meetings Page 44
  • 45. Anti-harassment policies 4 of 9 COMPLAINT PROCEDURES Complaint processes must fit the individual workplace and can include “open-door” policies, grievance procedures with a centralized place for bringing complaints and special toll-free telephone lines, among others The procedure must offer reasonable alternatives for lodging a complaint, where an employee should be required to complain to his or her supervisor or any other single employee Page 45
  • 46. Anti-harassment policies 5 of 9 COMPLAINT PROCEDURES All complaints must be taken seriously, and all managers, supervisors and other designated individuals should be trained to react appropriately and promptly to any complaints Employees should be encouraged to report harassment before it becomes severe or pervasive, and all supervisors should be instructed to report complaints to appropriate officials Page 46
  • 47. Anti-harassment policies 6 of 9 COMPLAINT INVESTIGATIONS Timeliness, including promptly initiating the investigation after an incident is reported or observed and reasonable completion and reporting of the results to appropriate parties Objectivity and credibility, which require an impartial investigation by a trained neutral party, the support of management and the belief of employees that all complaints are properly investigated and appropriate corrective action taken when violations are found Page 47
  • 48. Anti-harassment policies 7 of 9 COMPLAINT INVESTIGATIONS Thoroughness, accuracy and documentation of the findings and corrective actions taken based on balanced conclusions consistent with information disclosed during the investigation Page 48
  • 49. Anti-harassment policies 8 of 9 AVOIDING RETALIATION The most obvious examples of retaliation are tangible employment actions, such as termination, failure to promote or negative performance reviews, while less obvious are undesirable shift changes, reassignments or denial of overtime Management must immediately correct a situation where employees are reluctant to complain for fear of retaliation Page 49
  • 50. Anti-harassment policies 9 of 9 AVOIDING RETALIATION Anti-retaliation provisions may not prevent an employee lodging a complaint to stop legitimate adverse action, although the effects of prolonged, unchecked harassment may adversely affect performance and call into question otherwise legitimate adverse action Page 50
  • 51. Sexual harassment Page 51
  • 52. Sexual harassment 1 of 4 PSYCHOLOGICAL EFFECTS Anxiety Depression Disrupted sleep Loss of appetite Inability to concentrate Lowered self-esteem, loss of interest in regular activities, social isolation, and feelings of sadness, fear or shame Page 52
  • 53. Sexual harassment 2 of 4 EXAMPLES asking for sex in exchange for a benefit or a favour repeatedly asking for dates, and not taking “no” for an answer demanding hugs making unnecessary physical contact, including unwanted touching using rude or insulting language or making comments toward girls and women (or boys and men, depending on the circumstances)  Page 53
  • 54. Sexual harassment 3 of 4 EXAMPLES calling people sex-specific derogatory names making sex-related comments about a person’s physical characteristics or actions saying or doing something because you think a person does not conform to sex-role stereotypes posting or sharing pornography, sexual pictures or cartoons, sexually explicit graffiti, or other sexual images (including online) Page 54
  • 55. Sexual harassment 4 of 4 EXAMPLES making sexual jokes bragging about sexual prowess bullying based on sex or gender spreading sexual rumours or gossip (including online) Page 55
  • 57. Intervention methods Rules and consequences Restorative justice No blame approach Method of shared concern Mediation method Page 57