2. Mandated Learning Objective change or modify workplace behaviors that create or contribute to sexual harassment; and develop, foster and encourage a set of values in supervisory employees that will prevent and effectively respond to sexual harassment incidents.
4. When you combine reluctance to say “no” and the resistance to hearing “no”, you have a situation that is ripe for misunderstanding.
5. Would you like to go out for a drink after work ? I’d love to but I have to work late. For the next ten years.
6. If the team isn’t communicating about what’s not going well for them, will the driver win?
7. rules don’t give us certainty They are categories of behavior that are possibly harassment The appropriate behavior is an exercise in communication The challenge is to respect other people’s boundaries. I’m staying on the road but does it matter how fast or slow, I go, how long it takes me to get there, whether I can stop and start again, what I should do if someone is coming my way .
12. Even a dog knows whether he’s been kicked or stumbled over
13. I don’t like it when you call me [honey, baby cakes, girlfriend, chick, whore, bitch] “I’m not comfortable being touched at work; I’d appreciate it if you’d stop” When you shake hands with the men but give me a peck on the cheek I feel less professional; I’d appreciate a handshake instead” Establish open line of communication with supervisor
14. Implicit Bias Cognitive biases – universal tendencies of thought Cultural biases – stereotypes associated with the culture in which we live No one is unbiased We need to quickly characterize people to make quick decisions on trustworthiness
15. We Assume what people do Who they are What they’re are thinking Their Character Their Attitudes Their Beliefs Their Desires Their Needs Their Sensitivities Their Opinions Their Ideas about us And we treat them accordingly
20. Pick a characteristic 2. Blow it out of proportion 3. collapse the person into the characteristic 4. Ignore individual differences and variations 5. Disregard subtleties and complexities 6. Overlook commonalities 7. Match it to your own worst fears 8. Make it cruel
34. Our most important assets go down the elevator every night. We have to give them a reason to come back the next morning.
35. 2011 $10.6 million judgment for hostile work environment (UBS Financial) 2009 $7.4 million settlement of overtime claims (Met Life) $6 million jury verdict for age discrimination claim (New York Life) $850,000 settlement of disability claim (United Airlines)
36. Discrimination Charges Filed With the EEOC FY 2000-2010 Source: Charge Statistics from the U.S. Equal Employment Opportunity Commission (2010)
37. FY 2010 EEOC ChargesBy Type of Discrimination Source: Charge Statistics from the U.S. Equal Employment Opportunity Commission (2010)
38. Sexual Harassment Claims Filed With the EEOC FY 1980-1981 and 2000-2010 Source: Charge Statistics from the U.S. Equal Employment Opportunity Commission (2010)
50. Unwelcome sex-related conduct has the Purpose or Effect of Unreasonably Interfering With an Individual’s Work Performance or Creating an Intimidating, Hostile, or Offensive Working Environment. Hostile Work Environment
63. Gender-specific agenda Flirtatious remarks Comments on body parts Questions about social life Lunch, drinks, dates Advice on dress, make-up, sexiness Signs of unwelcome nature of conduct “that’s offensive” Nervous laugh, cuts conversation off Physically pulls away
65. Can we just ask? Yes, except with subordinates, minors and very young women (18-25)
66. Misbehave even when told to stop Don’t bother asking Requiring skimpy clothes Talking about sex Giving lingerie, sex toys Showing porn Telling sex jokes Teasing Whistling Mocking someone’s sexuality Hostile Agenda
67. Nearly Fool Proof Testwould you say the same thing if the person’s gender or sexual preference were different?
70. An employee may be entitled to the protections of the Americans with Disabilities Act if he is “regarded as” disabled by his employer. An employer regards an employee as disabled when it mistakenly believes that the employee’s impairment substantially limits his ability to work.
71. Sick Disabled FMLA“serious medical condition” ADA“long term disability thatsubstantially affects a major life activity”
75. $63,000 to lesbian worker for disparaging remarks about her appearance being masculine + withheld tools provided to me $1 million lost wages + $50 million punitive damages Man awarded $475K for harassment by gay supervisor 1st woman police officer $2 million – men watched Howard Stern & made vulgar remarks, compared her physique to those women on show The price of the jokes we tell and disrespect we show
88. Affirmative Defenses The Employer Was Reasonable It had practices in place èto prevent èto correct } misconduct The Employee Was Unreasonable èS/he knew about the policies èbut didn’t use them
89.
90.
91. Privacy Concerns Employee Monitoring Employers have legitimate business interest to review emails and technology usage (e.g., stop sexual harassment, prevent disclosure of confidential info, ensure policy compliance)
95. Reinstatement and front and back pay, actual damages, punitive damages, administrative fines, pre-judgment interests, reasonable attorneys fees, witness fees, other equitable relief including training for supervisors and/or managers.
96. “It shall be an unlawful employment practice . . . (h) For any employer . . . to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.” Retaliation California Fair Employment and Housing Act
97. Retaliation Charge StatisticsFY 2000 Through FY 2010 Source: Charge Statistics from the U.S. Equal Employment Opportunity Commission (2010)
98. “It shall be an unlawful employment practice for an employer to discriminate against any of his employees . . . to discriminate against any individual . . . because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.” Title VII. 42 U.S.C. sec. 2000e-3(a)
104. But if Employee Fails to Use Internal Complaint Procedure,When Are Employers Liable For Employment Discrimination? YES YES NO
105. Clients Or Customers?* Same; If The Employer Knows or Should Have Known, but Does Nothing But if Employee Fails to Use Internal Complaint Procedure, Consensual Relationships Among Employees?* If Isolated, If So Widespread That it Creates a Hostile Work Environment for Others, Are you personally liable? Employers Liable For Employment Discrimination? YES NO NO YES YES
106. Lawful and Unlawful Interview Topics: DISABILITY LAWFUL INFORMATION PROHIBITED INFORMATION General inquiries that would elicit information about disabilities or health conditions which do not relate to job performance Examples: Whether there are any types of jobs for which candidate should not be considered because of a disability or health condition. Is there any health related reason you may not be able to perform the job? Pre-offer inquiries about Worker’s Compensation history. Whether the candidate can perform the essential functions of the job, with or without reasonable accommodation. Whether the candidate can comply with the attendance and tardiness policy, with or without reasonable accommodation.
109. Within World of Social Media Email #1 threat In 2010: 35% companies investigated email leaks of information 20% of companies fired employee for violating email policies 50% of companies disciplined employees for violating email policies
110. E-mail belongs to the Company, not to its employees; do not expect it to be private because it is not.
111. Within World of Social Media: Blogs #2 threat In 2010: 25% investigated information leak 24% disciplined employee for blog activities
112. 500 million monthly active users 200 million account holders 95 million tweets a day
113. Social networks (Facebook, LinkedIn, et al) #3 threat In 2010: 20% investigated 20% disciplined for violating policy 7% fired for violation Within World of Social Media
114. Within World of Social Media: Videos #4 threat In 2010: 18% investigated for misuse of media sharing (YouTube, etc.) 21% disciplined an employee 9% fired an employee
115. “Data loss in 140 characters or less”(e.g., Twitter/SMS texts)#5 Threat In 2010: 17% investigated 51% of companies “highly concerned about risk of information leaks”
116.
117. I always make sure to tell a joke the first time any woman sees my erect penis, so I wouldn't know.
118. Friend: I just had an ass baby. Me: Was it a boy or a girl? Friend: What gender is soup?
119. I keep telling myself I'm lucky to be employed, but some days it's not easy to believe
120. If you fantasize about a particular person while masturbating, the polite thing to do is to tell them. They won't find it creepy at all.
121. Finally watching Louie. Hysterical. "…And my dick is bigger than a monkey's paw…"Recent firing based on Tweets in restricted account by senior manager of non-profit
122.
123. 37% of at-work Internet users in the US visit an X-rated Web site from work
128. Fair and effective procedures to prevent and address discrimination and harassment
Notas do Editor
Agenda: help for those employees who are socially-challenged – both men and women – because it takes two to tango –GENERALLY a man who repeatedly steps over the boundary and GENERALLY a woman who has difficulty knowing or saying what her boundaries are; we’ll also talk about discrimination today and the steps management can take to prevent and correct it – this applies to ALL OF US – we ALL need help with it; This seminar is about help, not blame.
Discrimination lectures leave most of us confused, many of us resentful, and, all of us resistant because we believe we’re being criticized about behaving in the way people properly behave in social situations. We also tend to all be fearful about how behavior. Some of us respond with humor because the topics are not those that are usually openly discussed and humor is a good way to get past troubling material. The people who are scornful are the most difficult to reach because they have usually pre-judged the learning objectives as being beneath them, disrespectful and frivolous.
Here’s a good example of women’s part in the sexual harassment problem – a reluctance to simply say “no” If management encourages direct speaking in all areas of the business, it will create an atmosphere in which women feel more free to establish and enforce their own boundaries.
We’re all on same pit crew here and our sole mission is to win. If the crew pit feels uncomfortable pointing out that there are problems with the brakes, what happens? What is the NHRA’s mission?
Group of male workers on an oil rig off the coast of Texas touched, grabbed and threatened to rape a gay male co-worker. Men can harass men even if there’s no sexual interest
Male supervisors regularly grabbed them in sexual manner and demanded sex as condition of keeping their jobs. Employer may be liable when supervisor sexually harasses an employee even if employee never reports it
The “regarded as” provision of the ADA was meant to combat erroneous views related to impaired individuals, and to keep employers from basing employment-related decisions on myths or stereotypes. “Regarded as” meant to stop reliance on stereotypes and generalizations about an illness when making an employment decision.”