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Discrimination and Harassment Free Workplace

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Discrimination and Harassment Free
Workplace power point presentation.
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Discrimination and
Harassment Free
Workplace
State of Oregon
Department of Administrative Services
Statewide Policy 50.010.01
Discrimination and Harassment Free Workplace
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The State of Oregon is committed to
a discrimination and harassment free
work environment.
All employees are expected to
conduct themselves in a business-like
and professional manner and not
engage in discriminatory or harassing
behavior.
Discrimination and Harassment Free Workplace
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Statewide Policy 50.010.01, Discrimination and Harassment
Free Workplace, outlines types of prohibited conduct and
procedures for reporting and investigating prohibited conduct.
All employees are expected to read Statewide Policy
50.010.01, Discrimination and Harassment Free Workplace.
The policy can be located at:
http://www.oregon.gov/DAS/CHRO/docs/advice/p5001001.pdf
Discrimination and Harassment Free Workplace
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This power point presentation provides
additional information about a
discrimination and harassment free
workplace.
If you have questions after viewing this
presentation and reading the policy, ask
your supervisor, your agency Human
Resource section, Executive Director or
chair.
Discrimination and Harassment Free Workplace
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Throughout the presentation
there will be questions,
scenarios and quizzes designed
to test your knowledge.
See if you can answer the
questions before the slide
changes to reveal the answer.
Discrimination and Harassment Free Workplace
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Policy 50.010.01 and this presentation cover three types
of illegal, prohibited behavior:
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1. Discrimination,
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2. Workplace harassment and
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3. Sexual harassment
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Discrimination and workplace harassment are based upon
an individual’s protected class status.
Discrimination and Harassment Free Workplace
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Protected class status under federal law includes:
race, color and national origin;
sex (includes pregnancy-related conditions);
religion;
age (40 and older);
disability;
a person who uses leave covered by the Federal Family and
Medical Leave Act;
a person who uses Military Leave;
a person who associates with a protected class;
a person who opposes unlawful employment practices, files a
complaint or testifies about violations or possible violations; and
any other protected class as defined by federal law.
Discrimination and Harassment Free Workplace
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Protected class status under Oregon law includes:
All federally protected classes, plus:
age (18 and older);
physical or mental disability;
injured worker;
a person who uses leave covered by the Oregon Family
Leave Act;
marital status and family relationships;
sexual orientation;
whistleblower;
expunged juvenile record; and
any other protected class as defined by state law.
Discrimination and Harassment Free Workplace
Discrimination is
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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.
Discrimination and Harassment Free Workplace
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*Examples of discrimination include:
A supervisor refusing to hire a well qualified candidate
because she is pregnant.
Upon “discovering” an employee’s age, a supervisor
transfers a well qualified 45 year old employee from the
“teen unit” to the “senior citizen unit.”
*The examples are assuming a Bonafide Occupational
Qualification (BFOQ) or other circumstances do not exist.
Discrimination and Harassment Free Workplace
Workplace Harassment is
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Unwelcome, unwanted or offensive conduct based on
or because of an employee’s protected class status.
Discrimination and Harassment Free Workplace
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Examples of workplace harassment include:
An employee repeatedly addresses coworkers with
derogatory comments or stereotypes related to their race or
religion. The employee calls a coworker wearing a turban,
“Towel Head,” calls a Hispanic coworker, “Beaner,” and calls
a Jewish coworker “Cheap Skate.”
An employee tries to get a coworker to resign by spreading
untrue, malicious gossip about the coworker, because of the
coworker’s disability.
Discrimination and Harassment Free Workplace
Sexual Harassment is
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Unwelcome, unwanted, or offensive sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual
nature when:
1. Submission to the conduct is made either explicitly or implicitly a
term or condition of the individual’s employment; or is used as a
basis for any employment decision (granting leave requests,
promotion, favorable performance appraisal, etc.); or
2. 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.
Discrimination and Harassment Free Workplace
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Examples of sexual harassment include:
A supervisor telling a subordinate employee
that if he/she accompanies the supervisor for a
weekend get-away, the supervisor might be
able to arrange for some paid time off for the
employee, or look into a promotion for the
employee.
A person in authority threatening to discredit a
subordinate employee if they won’t attend a
party with them after work.
Discrimination and Harassment Free Workplace
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Any employee believing they have been subjected
to discrimination, workplace harassment or sexual
harassment should report that behavior to their
immediate supervisor, another member of
management or the agency Human Resource
section.
A complaint may be made verbally or in writing.
Discrimination and Harassment Free Workplace
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Why is it important for employees to report discrimination,
workplace harassment and sexual harassment?
Answer
Discrimination ,workplace harassment and sexual harassment can cause:
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Employees to be hurt emotionally
Productivity to go down
Absenteeism to go up
The work of the agency to be jeopardized
Employees to be fearful of others
Workplace morale to be reduced
When management knows about the problem it can be corrected
Discrimination, workplace harassment and sexual harassment must be
stopped!
Discrimination and Harassment Free Workplace
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Why do employee’s hesitate to report discrimination,
workplace harassment and sexual harassment?
Answer
Fear of losing their job
Fear of retaliation
Fear of getting someone into trouble
Fear of disrupting the workplace
Fear of being accused of having no sense of humor
Fear of being embarrassed
Fear of feeling like “less of a man/woman”
Fear of not being believed. Discrimination and harassment are
generally subtle and inconspicuous.
Discrimination and Harassment Free Workplace
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What can a supervisor do to help employees feel safe reporting
discrimination, workplace harassment and sexual harassment?
Answer
Set an example of respectful workplace behavior.
Have clear expectations that discrimination, workplace harassment and
sexual harassment are not tolerated.
Have a clear mechanism for reporting; including the ability to report to
another member of management should the supervisor be the accused.
Take immediate steps to stop inappropriate behavior or conduct as it occurs
or is reported.
Guard against retaliation.
Handle investigations as discretely and confidentially as possible.
Be sensitive to the feelings of all involved. It is not easy for the
complainant, the accused or anyone participating in an investigation.
Discrimination and Harassment Free Workplace
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Once a complaint of discrimination,
workplace harassment or sexual
harassment is made, the agency must
promptly investigate the complaint.
Complaints are taken seriously and are
confidential to the extent possible.
Employees are expected to cooperate with
an investigation and keep information
regarding the investigation confidential.
Discrimination and Harassment Free Workplace
Scenario: An employee reports harassment to his/her supervisor
and says, “I don’t want you to do anything about this. I just want
you to listen and be aware of what is going on.”
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How should the supervisor respond?
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Answer
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A supervisor cannot promise to “just listen and be aware.”
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Once a supervisor receives a report of harassment or discrimination, a
supervisor has an obligation to take action.
In fact, a supervisor has the responsibility to ensure the integrity of the
workplace. A supervisor must exercise reasonable care to prevent and
promptly correct any discrimination, workplace harassment or sexual
harassment they know about or should know about.
Discrimination and Harassment Free Workplace
Scenario: A supervisor receives a report of sexual harassment. The
supervisor has seen such reports divide a workforce.
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What advice would you give the supervisor to help minimize
disruption to the workplace?
Answer
Conduct an investigation discretely and quickly.
Caution all parties not to discuss the investigation.
Direct employees back to work who are talking about the accused or the
complainant in regards to the report.
Work to keep up morale in the office and ensure work is being accomplished.
Be proactive. Having established expectations in place that do not allow
gossiping and other non-productive or destructive activities is a preventative
measure a supervisor should take.
Discrimination and Harassment Free Workplace
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How should an agency treat an employee accused of
discrimination, workplace harassment or sexual harassment?
Answer
An employee accused of discrimination, workplace harassment or sexual
harassment should be treated with professionalism and respect, as you
would any employee.
Just because an employee has been accused, does not mean the employee
is guilty.
The accused employee has a chance to defend him/herself and present
information and witnesses.
An agency must conduct a neutral investigation. Conclusions should not be
reached until the investigation is complete.
Discrimination and Harassment Free Workplace
Scenario: An employee filed a report of harassment with her
supervisor. After an investigation the agency did not agree
that harassment occurred. Because harassment was not
found, the employee worries that she will be disciplined.
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Are the employee’s worries founded?
Answer
No. An employee will not be disciplined for making a report of what
the employee believes is harassment.
Harassment is a term often used for lack of a better way to describe
what an employee feels he/she is experiencing.
Sometimes an investigation will conclude that a particular behavior was
not harassment or discrimination but was inappropriate workplace
behavior.
Discrimination and Harassment Free Workplace
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The complainant and the accused will be notified
individually when an investigation is concluded.
They will be told if any part of the complaint is
substantiated. The complainant will not be told
specifics of any action taken against the
accused.
Employees engaging in conduct in violation of
this policy may be subject to disciplinary action,
up to and including dismissal.
State temporary employees or volunteers
engaging in conduct in violation of this policy
may be subject to termination of their working
or volunteer relationship with the agency.
Discrimination and Harassment Free Workplace
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An employee who harasses another employee because of
their protected class status, or sexually harasses another
employee, while away from the workplace and outside of
working hours, may be subject to the provisions of this
policy if that conduct has a negative impact on the
environment at work and/or working relationships and/or
the employer’s business.
Even consensual relationships can impact the work
environment when one party decides they no longer wish
to participate.
Supervisor/subordinate relationships can also impact the
work environment because of actual or perceived
preferential treatment.
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If a complaint involves the conduct of a
contracted employee or a contractor,
management will address the problem
behavior with the contractor and require
prompt, appropriate action.
If a complaint involves the conduct of a
client, customer, or visitor, the agency
should follow its own internal procedures
and take prompt, appropriate action.
Discrimination and Harassment Free Workplace
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 break down, just so they can hear the latest joke.
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Even though no employees have complained, what is the
supervisor’s responsibility?
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Answer
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The supervisor has an obligation to maintain the integrity of the office
environment.
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The supervisor should direct the employees back to work.
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Even though the technician is not an employee, the supervisor should tell
the technician to stop telling dirty jokes.
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The supervisor should contact the company holding the contract and report
the behavior and request prompt corrective action.
Discrimination and Harassment Free Workplace
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Retaliating against employees who file
complaints, participate in investigations, or
report observing discrimination, workplace
harassment or sexual harassment is
prohibited.
If an employee believes they have been
retaliated against, the employee should report
the retaliatory behavior to their supervisor,
another manager, or the agency Human
Resource section, Executive Director or chair.
Complaints of retaliation will be investigated
promptly.
Retaliation
Discrimination and Harassment Free Workplace
Scenario: An investigation resulted in an employee being
disciplined for sexual harassment. The disciplined employee was
mad and encouraged others to shun those who participated in the
investigation. You have been asked to refuse to speak to your
coworkers who reported the employee’s behavior to the supervisor.
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What can you do?
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Answer
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Just as discrimination and harassment are prohibited, so is retaliation.
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Refuse to participate in retaliation against your coworkers. The morale of
the staff has already been harmed. You do not want to contribute to further
problems.
Report this behavior to management.
Discrimination and Harassment Free Workplace
A Quiz (True or False)
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Discrimination, workplace harassment and sexual
harassment can be illegal behavior.
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True
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Employment actions taken against employees that are
based on or because of an employee’s protected class
status are illegal, violating federal and state law.
Unwelcome, unwanted or offensive sexual advances or
requests for sexual favors which require submission in
exchange for employment action or inaction are illegal,
violating federal and state law.
Discrimination and Harassment Free Workplace
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Harassment is limited to exchanges between men and
women.
False
Harassment can occur between men and women, women and
women, and men and men.
Discrimination and Harassment Free Workplace
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Only a member of management has the power to eliminate
discrimination, workplace harassment and sexual harassment
in the workplace.
False
Only a supervisor/manager has the authority to discipline an employee
for engaging in discrimination, workplace harassment or sexual
harassment.
Employees at every level of the agency have the power to prevent and
eliminate discrimination, workplace harassment and sexual harassment
by:
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Being a role model for appropriate workplace behavior;
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Not engaging in it; and
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Being comfortable enough to tell each other respectfully when they have
been offended.
Discrimination and Harassment Free Workplace
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If I tell my manager I am being harassed my manager can
guarantee my name will be kept out of it.
False.
A manager receiving a report of harassment has an obligation to keep the
information as confidential as possible.
Human Resources and specific members of management may need to have
some or all of the information from your report.
In order for the accused to answer questions and defend him/herself,
he/she will need specifics.
Witnesses will be given limited information.
Discrimination and Harassment Free Workplace
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Prevention is the most effective way to eliminate discrimination,
workplace harassment and sexual harassment in the workplace.
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True
Taking a proactive stance to create and maintain a respectful work
environment is the most effective way to prevent discrimination,
workplace harassment and sexual harassment.
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This can be accomplished by:
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Educating the workforce about discrimination, workplace harassment and
sexual harassment;
Having clear guidelines for reporting discrimination, workplace harassment
and sexual harassment; and
Making it clear that that discrimination, workplace harassment and sexual
harassment are prohibited and retaliating against someone for reporting is
prohibited.
Discrimination and Harassment Free Workplace
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Together we must work to create
and maintain a work environment
that is free from discrimination,
workplace harassment and sexual
harassment.
End
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