Convergys Confidential and Proprietary Copyright © 2005 Convergys Corporation Harassment...

Convergys Confidential and Proprietary Copyright © 2005 Convergys Corporation

Harassment Prevention

Convergys Confidential and Proprietary

Objectives

Understand why

harassment prevention is

important

Define types of harassment

and their consequences

Recognize and prevent

harassment

Respond to harassment if it

occurs

Adhere to and enforce the

Convergys’ policy against

harassmentRevised July 2013 Convergys Confidential & Proprietary


It’s the right thing to doWe value our employees and commit to an

environment where we treat each other with respect,

recognize excellence and challenge each individual

to grow personally and professionally.

We value the unique combination of qualities and

contributions that each individual brings to the

workplace.

It’s the law

It damages public

image

It’s costly

Importance

Revised July 2013 Convergys Confidential & Proprietary


Harassment

Any unwelcome verbal or physical conduct implicating a protected status (including race, color, creed, or other legally protected status) and may be viewed as harassment if such conduct has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment

Definition



Sexual Harassment

Unwelcome sexual advances and/or requests for sexual favors and/or other verbal or physical conduct of a sexual nature. Examples may include, but are not limited to, unwelcome conduct such as: flirtations, advances, verbal comments of a sexual nature, unnecessary touching of an individual, displays of sexually suggestive materials

Definition



What is Prohibited?

Race

Color

National origin

Citizenship

Religion

Gender

Sex

Sexual orientation

Age

Marital status

Pregnancy

DisabilityRevised July 2013 Convergys Confidential & Proprietary


Race, Color, and National Origin

Disparaging labels

Jokes

Stereotypes

Comments regarding Accent

or manner of speaking



Religion

Comments regarding attire or practices

Asking about religious affiliation

Pressure to participate in religious

events or holiday activities



Gender, Sex, and Sexual Orientation

Jokes about someone looking masculine or feminine

Stereotypes about gender

Comments regarding sexual orientation

Questions regarding HIV status



Age

Jokes

Comments

Stereotypes linked to age

Questions regarding retirement



Marital Status and Pregnancy

Jokes

Stereotypes

Comments about being either

single or married

Comments regarding pregnancy

or plans for pregnancy

Efforts to not hire, not reinstate,

or fire employee



Disability

Comments regarding someone looking or acting disabled

Remember, disabilities can be visible or not visible



What is Sexual Harassment?

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment



What is Sexual Harassment?

Victim and/or harasser

may be a woman or a

man

Victim does not have to

be of the opposite sex

Harasser can be Victim's supervisor

Third-party client or

vendor

Supervisor in another area

Co-worker

Non-employee

Victim does not have to be the person harassed but

could be anyone affected by the offensive conduct

It may occur without economic injury to or discharge of

the victim

Conduct must be unwelcome



Quid Pro Quo

This for That Occurs when an individual's submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions affecting the individual or the individual's submission to such conduct is made a term or condition of employment. Threat of economic loss A single sexual advance may constitute harassment Courts have held employers strictly liable A subordinate who submits and then changes her or his mind and refuses can still bring quid pro quo sexual harassment charges



Dating, request for dates and/or personal relationships between

management and persons within their scope of influence are

prohibited. In addition, the behavior defined above is prohibited

between a Convergys employee and our clients’ employees.

Management is defined as all exempt positions to include

Manager, Supervisor, Trainer, Director and above.

Scope of influence includes the ability to affect salary, promotional

status, performance appraisal content, project assignment, etc. If

you are unsure if you fall within the scope of influence of another

person, contact human resources for clarification.

Convergys Policy



Should not date or have sex with people within their

scope of influence

Can never be sure if the behavior is welcome, because

employees may feel pressure to keep their jobs

Advice For Supervisors



Hostile Work Environment

Unwelcome verbal, visual, or physical conduct that unreasonably interferes with an employee’s work

performance



Hostile Work Environment

All employees can commit

Employer is responsible for non-employees

Failure to stop repetition may result in liability

Supervisory even if no one knew

Coworker if company knew or should have known

Individual personally liable



Verbal comments regarding physical attributes

Sexual jokes

Sexual names

Discussion of pornographic movies

Discussions of fantasies or experiences

Sexual comments

Repeatedly asking someone out

Examples of Sexual Harassment



30% had disciplined employees for Internet use

unrelated to work, and 20% had fired employees for

same

18% had disciplined employees for sending excessive

personal e-mails at work and/or using instant messaging

for matters unrelated to work

Visual Harassment



Third Party Harassment

Third Party Harassment is when an employee who is not the target of the harassment witnesses the visual, verbal or

physical harassment



Supervisors are responsible for behavior at

Work

Business trips

Holiday parties and picnics

Happy hours after work

ANY Company-sponsored or

company-related function

Text Messages

FaceBook, etcPlease see the Social Media

Policy on the portal

Supervisor Behaviors



Dismissal

Demotion or transfer

Negative evaluation

Changing tasks or assignments

as a form of punishment

Retaliation



Common Misperceptions

The person being harassed must complain

If the victim asks you to do nothing, you are free to do

nothing

If the victim refuses to cooperate, you are free to do

nothing

If the victim engages in the same conduct, you cannot be

liable

If It’s happening in someone else’s department, it’s not

your responsibility



What To Do If It Happens to You

Consider telling the offender

that you are uncomfortable,

and you want the behavior to

stop

Maintain a record of the

incident, the meeting and any

response to the requestWho?

What happened? Did it

happen more than once?

Where did the incident

occur?

When did the incident occur?

How?

Any witnesses?

You may bypass dialogue and

proceed directly to filing a

formal written complaint

Speak to or submit a

statement in writing to the

attention of your Manager or

to a Human Resources or

Employee Relations

representative

The Human Resources or

Employee Relations

representative will investigate

and decide on the appropriate

remedyRevised July 2013 Convergys Confidential & Proprietary


Supervisor’s Response to a Complaint

Remain objective and neutral

Assure complainant that company does not condone

harassment and discrimination and will take appropriate

action

Inform Human Resources immediately

Refrain from discussing the matter

Assist in investigation and response if requested



Tips

Put employee at ease

Take every issue

seriously

Make it private

Be considerate

Listen to the issue

Refer to Human

Resources

Refrain from discussing

Do not agree that you will

keep everything

confidential

Give the name and

phone number

Do not express an

opinion

Contact Human

Resources as a follow-up

Do not document in the

employee’s file

Assist if requested



HR’s Response To A Complaint

Interview accuser and accused

Identify witnesses and documents

Maintain confidentiality to the extent possible

Take appropriate corrective action

Take steps to prevent retaliation



Remedies

Make the employees

whole

Prevent misconduct

from recurring



Employees Who Report Harassment

Losing Their Jobs

Bad Evaluations

Negative Job References

Being Labeled a “Troublemaker”



Convergys Responsibilities

Take steps to stop the harassment and prevent

retaliation

Ensure that disciplinary measures should be proportional

to the seriousness of the offense

Correct harassment that is clearly unwelcome regardless

of whether a complaint is filed

Ensure that its supervisors and managers understand

their responsibilities

Keep records of harassment complaints



Supervisor’s Responsibility

Participate in harassment prevention training

Know the harassment policy and complaint procedures

Contribute to the maintenance of a harassment-free work

environment

Take a a visual and auditory inspection of workplace

Contact Human Resources if you observe behavior you

believe is harassing

Monitor workplace to assure harassment has stopped

and no retaliation



Finally . . .

Would you be acting like this or saying this if you knew someone was watching?

Would you be acting this way if your significant other were standing next to you?

Is the flirtation, joking, or teasing you’re engaged in worth a six-figure lawsuit? Revised July

2013 Convergys Confidential & Proprietary

Convergys Confidential and Proprietary Copyright © 2005 Convergys Corporation Harassment...

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