PREVENTING SEXUAL

HARASSMENT IN THE

WORKPLACE

PREVENTING SEXUAL

HARASSMENT IN THE

WORKPLACE

Gracious God you protect all creationwith Your loving care and providenceOpen our minds and hearts so that we

may apply the knowledge from todayrsquosweb conference to best protect those

we serve We ask these things in JesusrsquoName Amen

Preventing Sexual Harassment in the Workplace

For Members of the Christian Brothers Risk Pooling Trust

By Jennifer Sarkozy Branch

Date November 8 2007

Jennifer Branchbull Employment Partner at

Andrews Lagasse Branch amp Bell LLP

bull Practicing employment law for 10 years

bull Regularly defend employers in harassment discrimination and retaliation suits

bull Regularly counsel and train employers to avoid litigation

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

Californiarsquos New Sexual Harassment Training Law

AB 1825 Cal Govrsquot Code sect129501

Sexual Harassment The Data

40-70 of women and 10-20 of men have experienced sexual harassment in the workplace

Approx 15000 sexual harassment cases are brought to EEOC each year approximately 8000 brought to DFEH

According to EEOC number of sexual harassment complaints filed by men has more than tripled in recent years

Number of retaliation charges filed with EEOC doubled in last 10 years

Consequences of Harassment

Low employee morale

Absenteeism

High turnover

Stigma

Legal costs

Monetary damagesEmployer

Individual Harasser

Remedies for Victims of Harassment

bull Wage Lossbull Emotional distressbull Out-of-pocket expensesbull ReinstatementHiringPromotionbull Reasonable Accommodationbull Other court ordersbull Attorney feesbull Costs of suitbull Punitive damages

Prerequisites to a Civil SuitInternal Complaint

Administrative complaint filed with EEOC (federal) andor DFEH (CA) prior to filing civil suit

Administrative complaint must be filed within 1 year of alleged harassment

Civil suit must be filed withinCA 1 year of ldquoright to sue letterrdquo

Fed 90 days of ldquoright to sue letterrdquo

EDUCATION

Harassment and Discrimination is Prohibited Under

bull Federal Lawndash Title VII of the Civil Rights Act of 1964ndash Americans with Disabilities Act (ADA)ndash Age Discrimination in Employment Act (ADEA)

bull California State Lawndash Fair Employment and Housing Act (FEHA)

bull Most Employersrsquo Policies

The Law What is Unlawful Harassment

bull ldquounwelcome or unwanted conduct related to a protected characteristicor of a sexual naturerdquo

What is meant by the termsunwelcome and unwanted

bull ldquoUnwelcomerdquo and ldquounwantedrdquo is determined not by what the harasser intends but by what the victim perceives

bull The victim need not express that the conduct is unwelcome or unwanted

bull Conduct can be unwelcome even if the victim appears to consent

Protected ClassesCharacteristics

bull Racebull Religious Creedbull Colorbull National Originbull Ancestrybull Age 40 or older bull GenderSexbull Marital Statusbull Sexual Orientationbull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditionsbull Workersrsquo comp statusbull Veteran status

Two Types of Sexual Harassment

1) ldquoQuid Pro Quordquo

2) Hostile Work Environment

ldquoQuid Pro Quordquo

Requests for sexual favors are linked to a grant or denial of tangible job benefits(promotion favorable performance review etc)

Implied threat that if the employee refuses the sexual advance a tangible employment action will occur (termination demotion poor performance review etc)

Hostile Work Environment Conduct is sufficiently severe or pervasive so as to alter the conditions of employmentNo tangible employment action requiredInvolves conduct that creates a hostile or offensive working environment and makes employees feel uncomfortable

What Constitutes Severe or Pervasive Harassment

Factors to considerFrequency of harassing conductIts severityWhether it is physically threatening or humiliating or a mere offensive utterance and Whether it unreasonably interferes with an employeersquos work performance

Who Can Commit Harassment Anyone

Harassers can be male or female

Harassers can be supervisors or co-workers

Harassers can be persons outside the organization (ie anyone regularly visiting the workplace)

Could YOU be LiableAny employee who engages in harassment may be

held PERSONALLY LIABLE for monetary damages

Harassment by Supervisors

Strict liability for employers

Rationale the supervisor acts on behalf of the employer when making decisions that affect the economic status of the employee

No defense available

Harassment by Coworkers or Others

The Company is liable if the employer knows of the harassment or should have known of the harassment and fails to stop itNo defenses available

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Racebull Religious Creedbull Colorbull National Originbull Ancestrybull Age 40 or older bull GenderSexbull Marital Statusbull Sexual Orientationbull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditionsbull Workersrsquo comp statusbull Veteran status

What is an Adverse Employment Action

Material changes in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

TerminationDemotionDecrease in salaryIncreased workloadFailure to promote

Refusal of overtimeDiminished responsibilitiesUndeserved negative performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy on Harassment

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 Whether conduct is unwelcome or unwanted is determined

by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by their supervisor but never reports it to management the employee cannot bring legal action against the employer

3 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

4 An employer may be held liable for unwelcome sexual advances made outside the workplace

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 In order to constitute quid pro quo sexual harassment a threat that an employeersquos rejection of sexual advances will result in some adverse employment action must be explicit and direct

6 One instance of sexual touching is enough to support a claim of sexual harassment

7 The Company can be liable if the vendor who regularly delivers office supplies sexually harasses one of the Companyrsquos employees

8 Changing an employees work hours after they report harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcallsndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquo

or ldquosweetheartrdquondash Making derogatory comments epithets or slursndash Discussions about sexual topics or personal anatomyndash Telling or e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too closendash Making sexual gesturesndash Physically blocking someonersquos pathndash Following someone aroundndash Giving unwanted romantic

cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and downndash Staring at someonendash Displaying offensive items or photosndash Distributing or displaying sexual photographs

cartoons drawings e-mails or other materialsndash e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distributionndash Compelling evidencendash Can always be retrieved

Harassment Scenario 1Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Company be liable for wrongful discharge

ndash Can the Company be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Company be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Company handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

Preventing Sexual Harassment in the Workplace

For Members of the Christian Brothers Risk Pooling Trust

By Jennifer Sarkozy Branch

Date November 8 2007

Jennifer Branchbull Employment Partner at

Andrews Lagasse Branch amp Bell LLP

bull Practicing employment law for 10 years

bull Regularly defend employers in harassment discrimination and retaliation suits

bull Regularly counsel and train employers to avoid litigation

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

Californiarsquos New Sexual Harassment Training Law

AB 1825 Cal Govrsquot Code sect129501

Sexual Harassment The Data

40-70 of women and 10-20 of men have experienced sexual harassment in the workplace

Approx 15000 sexual harassment cases are brought to EEOC each year approximately 8000 brought to DFEH

According to EEOC number of sexual harassment complaints filed by men has more than tripled in recent years

Number of retaliation charges filed with EEOC doubled in last 10 years

Consequences of Harassment

Low employee morale

Absenteeism

High turnover

Stigma

Legal costs

Monetary damagesEmployer

Individual Harasser

Remedies for Victims of Harassment

bull Wage Lossbull Emotional distressbull Out-of-pocket expensesbull ReinstatementHiringPromotionbull Reasonable Accommodationbull Other court ordersbull Attorney feesbull Costs of suitbull Punitive damages

Prerequisites to a Civil SuitInternal Complaint

Administrative complaint filed with EEOC (federal) andor DFEH (CA) prior to filing civil suit

Administrative complaint must be filed within 1 year of alleged harassment

Civil suit must be filed withinCA 1 year of ldquoright to sue letterrdquo

Fed 90 days of ldquoright to sue letterrdquo

EDUCATION

Harassment and Discrimination is Prohibited Under

bull Federal Lawndash Title VII of the Civil Rights Act of 1964ndash Americans with Disabilities Act (ADA)ndash Age Discrimination in Employment Act (ADEA)

bull California State Lawndash Fair Employment and Housing Act (FEHA)

bull Most Employersrsquo Policies

The Law What is Unlawful Harassment

bull ldquounwelcome or unwanted conduct related to a protected characteristicor of a sexual naturerdquo

What is meant by the termsunwelcome and unwanted

bull ldquoUnwelcomerdquo and ldquounwantedrdquo is determined not by what the harasser intends but by what the victim perceives

bull The victim need not express that the conduct is unwelcome or unwanted

bull Conduct can be unwelcome even if the victim appears to consent

Protected ClassesCharacteristics

bull Racebull Religious Creedbull Colorbull National Originbull Ancestrybull Age 40 or older bull GenderSexbull Marital Statusbull Sexual Orientationbull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditionsbull Workersrsquo comp statusbull Veteran status

Two Types of Sexual Harassment

1) ldquoQuid Pro Quordquo

2) Hostile Work Environment

ldquoQuid Pro Quordquo

Requests for sexual favors are linked to a grant or denial of tangible job benefits(promotion favorable performance review etc)

Implied threat that if the employee refuses the sexual advance a tangible employment action will occur (termination demotion poor performance review etc)

Hostile Work Environment Conduct is sufficiently severe or pervasive so as to alter the conditions of employmentNo tangible employment action requiredInvolves conduct that creates a hostile or offensive working environment and makes employees feel uncomfortable

What Constitutes Severe or Pervasive Harassment

Factors to considerFrequency of harassing conductIts severityWhether it is physically threatening or humiliating or a mere offensive utterance and Whether it unreasonably interferes with an employeersquos work performance

Who Can Commit Harassment Anyone

Harassers can be male or female

Harassers can be supervisors or co-workers

Harassers can be persons outside the organization (ie anyone regularly visiting the workplace)

Could YOU be LiableAny employee who engages in harassment may be

held PERSONALLY LIABLE for monetary damages

Harassment by Supervisors

Strict liability for employers

Rationale the supervisor acts on behalf of the employer when making decisions that affect the economic status of the employee

No defense available

Harassment by Coworkers or Others

The Company is liable if the employer knows of the harassment or should have known of the harassment and fails to stop itNo defenses available

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Racebull Religious Creedbull Colorbull National Originbull Ancestrybull Age 40 or older bull GenderSexbull Marital Statusbull Sexual Orientationbull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditionsbull Workersrsquo comp statusbull Veteran status

What is an Adverse Employment Action

Material changes in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

TerminationDemotionDecrease in salaryIncreased workloadFailure to promote

Refusal of overtimeDiminished responsibilitiesUndeserved negative performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy on Harassment

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 Whether conduct is unwelcome or unwanted is determined

by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by their supervisor but never reports it to management the employee cannot bring legal action against the employer

3 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

4 An employer may be held liable for unwelcome sexual advances made outside the workplace

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 In order to constitute quid pro quo sexual harassment a threat that an employeersquos rejection of sexual advances will result in some adverse employment action must be explicit and direct

6 One instance of sexual touching is enough to support a claim of sexual harassment

7 The Company can be liable if the vendor who regularly delivers office supplies sexually harasses one of the Companyrsquos employees

8 Changing an employees work hours after they report harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcallsndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquo

or ldquosweetheartrdquondash Making derogatory comments epithets or slursndash Discussions about sexual topics or personal anatomyndash Telling or e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too closendash Making sexual gesturesndash Physically blocking someonersquos pathndash Following someone aroundndash Giving unwanted romantic

cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and downndash Staring at someonendash Displaying offensive items or photosndash Distributing or displaying sexual photographs

cartoons drawings e-mails or other materialsndash e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distributionndash Compelling evidencendash Can always be retrieved

Harassment Scenario 1Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Company be liable for wrongful discharge

ndash Can the Company be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Company be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Company handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

Californiarsquos New Sexual Harassment Training Law

AB 1825 Cal Govrsquot Code sect129501

Sexual Harassment The Data

40-70 of women and 10-20 of men have experienced sexual harassment in the workplace

Approx 15000 sexual harassment cases are brought to EEOC each year approximately 8000 brought to DFEH

According to EEOC number of sexual harassment complaints filed by men has more than tripled in recent years

Number of retaliation charges filed with EEOC doubled in last 10 years

Consequences of Harassment

Low employee morale

Absenteeism

High turnover

Stigma

Legal costs

Monetary damagesEmployer

Individual Harasser

Remedies for Victims of Harassment

bull Wage Lossbull Emotional distressbull Out-of-pocket expensesbull ReinstatementHiringPromotionbull Reasonable Accommodationbull Other court ordersbull Attorney feesbull Costs of suitbull Punitive damages

Prerequisites to a Civil SuitInternal Complaint

Administrative complaint filed with EEOC (federal) andor DFEH (CA) prior to filing civil suit

Administrative complaint must be filed within 1 year of alleged harassment

Civil suit must be filed withinCA 1 year of ldquoright to sue letterrdquo

Fed 90 days of ldquoright to sue letterrdquo

EDUCATION

Harassment and Discrimination is Prohibited Under

bull Federal Lawndash Title VII of the Civil Rights Act of 1964ndash Americans with Disabilities Act (ADA)ndash Age Discrimination in Employment Act (ADEA)

bull California State Lawndash Fair Employment and Housing Act (FEHA)

bull Most Employersrsquo Policies

The Law What is Unlawful Harassment

bull ldquounwelcome or unwanted conduct related to a protected characteristicor of a sexual naturerdquo

What is meant by the termsunwelcome and unwanted

bull ldquoUnwelcomerdquo and ldquounwantedrdquo is determined not by what the harasser intends but by what the victim perceives

bull The victim need not express that the conduct is unwelcome or unwanted

bull Conduct can be unwelcome even if the victim appears to consent

Protected ClassesCharacteristics

bull Racebull Religious Creedbull Colorbull National Originbull Ancestrybull Age 40 or older bull GenderSexbull Marital Statusbull Sexual Orientationbull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditionsbull Workersrsquo comp statusbull Veteran status

Two Types of Sexual Harassment

1) ldquoQuid Pro Quordquo

2) Hostile Work Environment

ldquoQuid Pro Quordquo

Requests for sexual favors are linked to a grant or denial of tangible job benefits(promotion favorable performance review etc)

Implied threat that if the employee refuses the sexual advance a tangible employment action will occur (termination demotion poor performance review etc)

Hostile Work Environment Conduct is sufficiently severe or pervasive so as to alter the conditions of employmentNo tangible employment action requiredInvolves conduct that creates a hostile or offensive working environment and makes employees feel uncomfortable

What Constitutes Severe or Pervasive Harassment

Factors to considerFrequency of harassing conductIts severityWhether it is physically threatening or humiliating or a mere offensive utterance and Whether it unreasonably interferes with an employeersquos work performance

Who Can Commit Harassment Anyone

Harassers can be male or female

Harassers can be supervisors or co-workers

Harassers can be persons outside the organization (ie anyone regularly visiting the workplace)

Could YOU be LiableAny employee who engages in harassment may be

held PERSONALLY LIABLE for monetary damages

Harassment by Supervisors

Strict liability for employers

Rationale the supervisor acts on behalf of the employer when making decisions that affect the economic status of the employee

No defense available

Harassment by Coworkers or Others

The Company is liable if the employer knows of the harassment or should have known of the harassment and fails to stop itNo defenses available

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Racebull Religious Creedbull Colorbull National Originbull Ancestrybull Age 40 or older bull GenderSexbull Marital Statusbull Sexual Orientationbull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditionsbull Workersrsquo comp statusbull Veteran status

What is an Adverse Employment Action

Material changes in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

TerminationDemotionDecrease in salaryIncreased workloadFailure to promote

Refusal of overtimeDiminished responsibilitiesUndeserved negative performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy on Harassment

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 Whether conduct is unwelcome or unwanted is determined

by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by their supervisor but never reports it to management the employee cannot bring legal action against the employer

3 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

4 An employer may be held liable for unwelcome sexual advances made outside the workplace

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 In order to constitute quid pro quo sexual harassment a threat that an employeersquos rejection of sexual advances will result in some adverse employment action must be explicit and direct

6 One instance of sexual touching is enough to support a claim of sexual harassment

7 The Company can be liable if the vendor who regularly delivers office supplies sexually harasses one of the Companyrsquos employees

8 Changing an employees work hours after they report harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcallsndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquo

or ldquosweetheartrdquondash Making derogatory comments epithets or slursndash Discussions about sexual topics or personal anatomyndash Telling or e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too closendash Making sexual gesturesndash Physically blocking someonersquos pathndash Following someone aroundndash Giving unwanted romantic

cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and downndash Staring at someonendash Displaying offensive items or photosndash Distributing or displaying sexual photographs

cartoons drawings e-mails or other materialsndash e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distributionndash Compelling evidencendash Can always be retrieved

Harassment Scenario 1Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Company be liable for wrongful discharge

ndash Can the Company be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Company be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Company handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

Remedies for Victims of Harassment

bull Wage Lossbull Emotional distressbull Out-of-pocket expensesbull ReinstatementHiringPromotionbull Reasonable Accommodationbull Other court ordersbull Attorney feesbull Costs of suitbull Punitive damages

Prerequisites to a Civil SuitInternal Complaint

Administrative complaint filed with EEOC (federal) andor DFEH (CA) prior to filing civil suit

Administrative complaint must be filed within 1 year of alleged harassment

Civil suit must be filed withinCA 1 year of ldquoright to sue letterrdquo

Fed 90 days of ldquoright to sue letterrdquo

EDUCATION

Harassment and Discrimination is Prohibited Under

bull Federal Lawndash Title VII of the Civil Rights Act of 1964ndash Americans with Disabilities Act (ADA)ndash Age Discrimination in Employment Act (ADEA)

bull California State Lawndash Fair Employment and Housing Act (FEHA)

bull Most Employersrsquo Policies

The Law What is Unlawful Harassment

bull ldquounwelcome or unwanted conduct related to a protected characteristicor of a sexual naturerdquo

What is meant by the termsunwelcome and unwanted

bull ldquoUnwelcomerdquo and ldquounwantedrdquo is determined not by what the harasser intends but by what the victim perceives

bull The victim need not express that the conduct is unwelcome or unwanted

bull Conduct can be unwelcome even if the victim appears to consent

Protected ClassesCharacteristics

bull Racebull Religious Creedbull Colorbull National Originbull Ancestrybull Age 40 or older bull GenderSexbull Marital Statusbull Sexual Orientationbull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditionsbull Workersrsquo comp statusbull Veteran status

Two Types of Sexual Harassment

1) ldquoQuid Pro Quordquo

2) Hostile Work Environment

ldquoQuid Pro Quordquo

Requests for sexual favors are linked to a grant or denial of tangible job benefits(promotion favorable performance review etc)

Implied threat that if the employee refuses the sexual advance a tangible employment action will occur (termination demotion poor performance review etc)

Hostile Work Environment Conduct is sufficiently severe or pervasive so as to alter the conditions of employmentNo tangible employment action requiredInvolves conduct that creates a hostile or offensive working environment and makes employees feel uncomfortable

What Constitutes Severe or Pervasive Harassment

Factors to considerFrequency of harassing conductIts severityWhether it is physically threatening or humiliating or a mere offensive utterance and Whether it unreasonably interferes with an employeersquos work performance

Who Can Commit Harassment Anyone

Harassers can be male or female

Harassers can be supervisors or co-workers

Harassers can be persons outside the organization (ie anyone regularly visiting the workplace)

Could YOU be LiableAny employee who engages in harassment may be

held PERSONALLY LIABLE for monetary damages

Harassment by Supervisors

Strict liability for employers

Rationale the supervisor acts on behalf of the employer when making decisions that affect the economic status of the employee

No defense available

Harassment by Coworkers or Others

The Company is liable if the employer knows of the harassment or should have known of the harassment and fails to stop itNo defenses available

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Racebull Religious Creedbull Colorbull National Originbull Ancestrybull Age 40 or older bull GenderSexbull Marital Statusbull Sexual Orientationbull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditionsbull Workersrsquo comp statusbull Veteran status

What is an Adverse Employment Action

Material changes in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

TerminationDemotionDecrease in salaryIncreased workloadFailure to promote

Refusal of overtimeDiminished responsibilitiesUndeserved negative performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy on Harassment

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 Whether conduct is unwelcome or unwanted is determined

by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by their supervisor but never reports it to management the employee cannot bring legal action against the employer

3 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

4 An employer may be held liable for unwelcome sexual advances made outside the workplace

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 In order to constitute quid pro quo sexual harassment a threat that an employeersquos rejection of sexual advances will result in some adverse employment action must be explicit and direct

6 One instance of sexual touching is enough to support a claim of sexual harassment

7 The Company can be liable if the vendor who regularly delivers office supplies sexually harasses one of the Companyrsquos employees

8 Changing an employees work hours after they report harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcallsndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquo

or ldquosweetheartrdquondash Making derogatory comments epithets or slursndash Discussions about sexual topics or personal anatomyndash Telling or e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too closendash Making sexual gesturesndash Physically blocking someonersquos pathndash Following someone aroundndash Giving unwanted romantic

cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and downndash Staring at someonendash Displaying offensive items or photosndash Distributing or displaying sexual photographs

cartoons drawings e-mails or other materialsndash e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distributionndash Compelling evidencendash Can always be retrieved

Harassment Scenario 1Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Company be liable for wrongful discharge

ndash Can the Company be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Company be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Company handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

Harassment and Discrimination is Prohibited Under

bull Federal Lawndash Title VII of the Civil Rights Act of 1964ndash Americans with Disabilities Act (ADA)ndash Age Discrimination in Employment Act (ADEA)

bull California State Lawndash Fair Employment and Housing Act (FEHA)

bull Most Employersrsquo Policies

The Law What is Unlawful Harassment

bull ldquounwelcome or unwanted conduct related to a protected characteristicor of a sexual naturerdquo

What is meant by the termsunwelcome and unwanted

bull ldquoUnwelcomerdquo and ldquounwantedrdquo is determined not by what the harasser intends but by what the victim perceives

bull The victim need not express that the conduct is unwelcome or unwanted

bull Conduct can be unwelcome even if the victim appears to consent

Protected ClassesCharacteristics

bull Racebull Religious Creedbull Colorbull National Originbull Ancestrybull Age 40 or older bull GenderSexbull Marital Statusbull Sexual Orientationbull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditionsbull Workersrsquo comp statusbull Veteran status

Two Types of Sexual Harassment

1) ldquoQuid Pro Quordquo

2) Hostile Work Environment

ldquoQuid Pro Quordquo

Requests for sexual favors are linked to a grant or denial of tangible job benefits(promotion favorable performance review etc)

Implied threat that if the employee refuses the sexual advance a tangible employment action will occur (termination demotion poor performance review etc)

Hostile Work Environment Conduct is sufficiently severe or pervasive so as to alter the conditions of employmentNo tangible employment action requiredInvolves conduct that creates a hostile or offensive working environment and makes employees feel uncomfortable

What Constitutes Severe or Pervasive Harassment

Factors to considerFrequency of harassing conductIts severityWhether it is physically threatening or humiliating or a mere offensive utterance and Whether it unreasonably interferes with an employeersquos work performance

Who Can Commit Harassment Anyone

Harassers can be male or female

Harassers can be supervisors or co-workers

Harassers can be persons outside the organization (ie anyone regularly visiting the workplace)

Could YOU be LiableAny employee who engages in harassment may be

held PERSONALLY LIABLE for monetary damages

Harassment by Supervisors

Strict liability for employers

Rationale the supervisor acts on behalf of the employer when making decisions that affect the economic status of the employee

No defense available

Harassment by Coworkers or Others

The Company is liable if the employer knows of the harassment or should have known of the harassment and fails to stop itNo defenses available

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Racebull Religious Creedbull Colorbull National Originbull Ancestrybull Age 40 or older bull GenderSexbull Marital Statusbull Sexual Orientationbull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditionsbull Workersrsquo comp statusbull Veteran status

What is an Adverse Employment Action

Material changes in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

TerminationDemotionDecrease in salaryIncreased workloadFailure to promote

Refusal of overtimeDiminished responsibilitiesUndeserved negative performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy on Harassment

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 Whether conduct is unwelcome or unwanted is determined

by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by their supervisor but never reports it to management the employee cannot bring legal action against the employer

3 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

4 An employer may be held liable for unwelcome sexual advances made outside the workplace

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 In order to constitute quid pro quo sexual harassment a threat that an employeersquos rejection of sexual advances will result in some adverse employment action must be explicit and direct

6 One instance of sexual touching is enough to support a claim of sexual harassment

7 The Company can be liable if the vendor who regularly delivers office supplies sexually harasses one of the Companyrsquos employees

8 Changing an employees work hours after they report harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcallsndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquo

or ldquosweetheartrdquondash Making derogatory comments epithets or slursndash Discussions about sexual topics or personal anatomyndash Telling or e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too closendash Making sexual gesturesndash Physically blocking someonersquos pathndash Following someone aroundndash Giving unwanted romantic

cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and downndash Staring at someonendash Displaying offensive items or photosndash Distributing or displaying sexual photographs

cartoons drawings e-mails or other materialsndash e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distributionndash Compelling evidencendash Can always be retrieved

Harassment Scenario 1Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Company be liable for wrongful discharge

ndash Can the Company be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Company be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Company handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

Protected ClassesCharacteristics

bull Racebull Religious Creedbull Colorbull National Originbull Ancestrybull Age 40 or older bull GenderSexbull Marital Statusbull Sexual Orientationbull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditionsbull Workersrsquo comp statusbull Veteran status

Two Types of Sexual Harassment

1) ldquoQuid Pro Quordquo

2) Hostile Work Environment

ldquoQuid Pro Quordquo

Requests for sexual favors are linked to a grant or denial of tangible job benefits(promotion favorable performance review etc)

Implied threat that if the employee refuses the sexual advance a tangible employment action will occur (termination demotion poor performance review etc)

Hostile Work Environment Conduct is sufficiently severe or pervasive so as to alter the conditions of employmentNo tangible employment action requiredInvolves conduct that creates a hostile or offensive working environment and makes employees feel uncomfortable

What Constitutes Severe or Pervasive Harassment

Factors to considerFrequency of harassing conductIts severityWhether it is physically threatening or humiliating or a mere offensive utterance and Whether it unreasonably interferes with an employeersquos work performance

Who Can Commit Harassment Anyone

Harassers can be male or female

Harassers can be supervisors or co-workers

Harassers can be persons outside the organization (ie anyone regularly visiting the workplace)

Could YOU be LiableAny employee who engages in harassment may be

held PERSONALLY LIABLE for monetary damages

Harassment by Supervisors

Strict liability for employers

Rationale the supervisor acts on behalf of the employer when making decisions that affect the economic status of the employee

No defense available

Harassment by Coworkers or Others

The Company is liable if the employer knows of the harassment or should have known of the harassment and fails to stop itNo defenses available

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Racebull Religious Creedbull Colorbull National Originbull Ancestrybull Age 40 or older bull GenderSexbull Marital Statusbull Sexual Orientationbull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditionsbull Workersrsquo comp statusbull Veteran status

What is an Adverse Employment Action

Material changes in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

TerminationDemotionDecrease in salaryIncreased workloadFailure to promote

Refusal of overtimeDiminished responsibilitiesUndeserved negative performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy on Harassment

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 Whether conduct is unwelcome or unwanted is determined

by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by their supervisor but never reports it to management the employee cannot bring legal action against the employer

3 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

4 An employer may be held liable for unwelcome sexual advances made outside the workplace

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 In order to constitute quid pro quo sexual harassment a threat that an employeersquos rejection of sexual advances will result in some adverse employment action must be explicit and direct

6 One instance of sexual touching is enough to support a claim of sexual harassment

7 The Company can be liable if the vendor who regularly delivers office supplies sexually harasses one of the Companyrsquos employees

8 Changing an employees work hours after they report harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcallsndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquo

or ldquosweetheartrdquondash Making derogatory comments epithets or slursndash Discussions about sexual topics or personal anatomyndash Telling or e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too closendash Making sexual gesturesndash Physically blocking someonersquos pathndash Following someone aroundndash Giving unwanted romantic

cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and downndash Staring at someonendash Displaying offensive items or photosndash Distributing or displaying sexual photographs

cartoons drawings e-mails or other materialsndash e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distributionndash Compelling evidencendash Can always be retrieved

Harassment Scenario 1Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Company be liable for wrongful discharge

ndash Can the Company be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Company be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Company handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

Hostile Work Environment Conduct is sufficiently severe or pervasive so as to alter the conditions of employmentNo tangible employment action requiredInvolves conduct that creates a hostile or offensive working environment and makes employees feel uncomfortable

What Constitutes Severe or Pervasive Harassment

Factors to considerFrequency of harassing conductIts severityWhether it is physically threatening or humiliating or a mere offensive utterance and Whether it unreasonably interferes with an employeersquos work performance

Who Can Commit Harassment Anyone

Harassers can be male or female

Harassers can be supervisors or co-workers

Harassers can be persons outside the organization (ie anyone regularly visiting the workplace)

Could YOU be LiableAny employee who engages in harassment may be

held PERSONALLY LIABLE for monetary damages

Harassment by Supervisors

Strict liability for employers

Rationale the supervisor acts on behalf of the employer when making decisions that affect the economic status of the employee

No defense available

Harassment by Coworkers or Others

The Company is liable if the employer knows of the harassment or should have known of the harassment and fails to stop itNo defenses available

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Racebull Religious Creedbull Colorbull National Originbull Ancestrybull Age 40 or older bull GenderSexbull Marital Statusbull Sexual Orientationbull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditionsbull Workersrsquo comp statusbull Veteran status

What is an Adverse Employment Action

Material changes in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

TerminationDemotionDecrease in salaryIncreased workloadFailure to promote

Refusal of overtimeDiminished responsibilitiesUndeserved negative performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy on Harassment

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 Whether conduct is unwelcome or unwanted is determined

by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by their supervisor but never reports it to management the employee cannot bring legal action against the employer

3 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

4 An employer may be held liable for unwelcome sexual advances made outside the workplace

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 In order to constitute quid pro quo sexual harassment a threat that an employeersquos rejection of sexual advances will result in some adverse employment action must be explicit and direct

6 One instance of sexual touching is enough to support a claim of sexual harassment

7 The Company can be liable if the vendor who regularly delivers office supplies sexually harasses one of the Companyrsquos employees

8 Changing an employees work hours after they report harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcallsndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquo

or ldquosweetheartrdquondash Making derogatory comments epithets or slursndash Discussions about sexual topics or personal anatomyndash Telling or e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too closendash Making sexual gesturesndash Physically blocking someonersquos pathndash Following someone aroundndash Giving unwanted romantic

cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and downndash Staring at someonendash Displaying offensive items or photosndash Distributing or displaying sexual photographs

cartoons drawings e-mails or other materialsndash e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distributionndash Compelling evidencendash Can always be retrieved

Harassment Scenario 1Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Company be liable for wrongful discharge

ndash Can the Company be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Company be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Company handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

Could YOU be LiableAny employee who engages in harassment may be

held PERSONALLY LIABLE for monetary damages

Harassment by Supervisors

Strict liability for employers

Rationale the supervisor acts on behalf of the employer when making decisions that affect the economic status of the employee

No defense available

Harassment by Coworkers or Others

The Company is liable if the employer knows of the harassment or should have known of the harassment and fails to stop itNo defenses available

Knowledge + Inaction = Liability

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Racebull Religious Creedbull Colorbull National Originbull Ancestrybull Age 40 or older bull GenderSexbull Marital Statusbull Sexual Orientationbull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditionsbull Workersrsquo comp statusbull Veteran status

What is an Adverse Employment Action

Material changes in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

TerminationDemotionDecrease in salaryIncreased workloadFailure to promote

Refusal of overtimeDiminished responsibilitiesUndeserved negative performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy on Harassment

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 Whether conduct is unwelcome or unwanted is determined

by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by their supervisor but never reports it to management the employee cannot bring legal action against the employer

3 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

4 An employer may be held liable for unwelcome sexual advances made outside the workplace

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 In order to constitute quid pro quo sexual harassment a threat that an employeersquos rejection of sexual advances will result in some adverse employment action must be explicit and direct

6 One instance of sexual touching is enough to support a claim of sexual harassment

7 The Company can be liable if the vendor who regularly delivers office supplies sexually harasses one of the Companyrsquos employees

8 Changing an employees work hours after they report harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcallsndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquo

or ldquosweetheartrdquondash Making derogatory comments epithets or slursndash Discussions about sexual topics or personal anatomyndash Telling or e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too closendash Making sexual gesturesndash Physically blocking someonersquos pathndash Following someone aroundndash Giving unwanted romantic

cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and downndash Staring at someonendash Displaying offensive items or photosndash Distributing or displaying sexual photographs

cartoons drawings e-mails or other materialsndash e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distributionndash Compelling evidencendash Can always be retrieved

Harassment Scenario 1Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Company be liable for wrongful discharge

ndash Can the Company be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Company be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Company handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

The Law What is Unlawful Discrimination

bull Adverse employment action against an individual on the basis of hisher protected characteristic

Protected ClassesCharacteristics

bull Racebull Religious Creedbull Colorbull National Originbull Ancestrybull Age 40 or older bull GenderSexbull Marital Statusbull Sexual Orientationbull Physical or Mental Disability

bull Pregnancy amp related conditions

bull Medical conditionsbull Workersrsquo comp statusbull Veteran status

What is an Adverse Employment Action

Material changes in the terms or conditions of employment that causes substantial and tangible harm

These Are Adverse Employment Actions

TerminationDemotionDecrease in salaryIncreased workloadFailure to promote

Refusal of overtimeDiminished responsibilitiesUndeserved negative performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy on Harassment

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 Whether conduct is unwelcome or unwanted is determined

by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by their supervisor but never reports it to management the employee cannot bring legal action against the employer

3 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

4 An employer may be held liable for unwelcome sexual advances made outside the workplace

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 In order to constitute quid pro quo sexual harassment a threat that an employeersquos rejection of sexual advances will result in some adverse employment action must be explicit and direct

6 One instance of sexual touching is enough to support a claim of sexual harassment

7 The Company can be liable if the vendor who regularly delivers office supplies sexually harasses one of the Companyrsquos employees

8 Changing an employees work hours after they report harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcallsndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquo

or ldquosweetheartrdquondash Making derogatory comments epithets or slursndash Discussions about sexual topics or personal anatomyndash Telling or e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too closendash Making sexual gesturesndash Physically blocking someonersquos pathndash Following someone aroundndash Giving unwanted romantic

cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and downndash Staring at someonendash Displaying offensive items or photosndash Distributing or displaying sexual photographs

cartoons drawings e-mails or other materialsndash e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distributionndash Compelling evidencendash Can always be retrieved

Harassment Scenario 1Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Company be liable for wrongful discharge

ndash Can the Company be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Company be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Company handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

These Are Adverse Employment Actions

TerminationDemotionDecrease in salaryIncreased workloadFailure to promote

Refusal of overtimeDiminished responsibilitiesUndeserved negative performance evaluation

The Law What is Unlawful Retaliation

Adverse employment action against an individual who

Complains of harassment or discrimination

Participates in an investigation of harassmentdiscrimination

Testifies or assists in proceedings alleging harassmentdiscrimination

Threatens to file a charge of harassmentdiscrimination

Opposes unlawful practices or policies

Typical Policy on Harassment

bull ZERO TOLERANCE for harassmentdiscrimination

bull Violation of the policy ldquomay result in discipline up to and including dischargerdquo

bull Encourage Reports

bull No Retaliation

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 Whether conduct is unwelcome or unwanted is determined

by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by their supervisor but never reports it to management the employee cannot bring legal action against the employer

3 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

4 An employer may be held liable for unwelcome sexual advances made outside the workplace

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 In order to constitute quid pro quo sexual harassment a threat that an employeersquos rejection of sexual advances will result in some adverse employment action must be explicit and direct

6 One instance of sexual touching is enough to support a claim of sexual harassment

7 The Company can be liable if the vendor who regularly delivers office supplies sexually harasses one of the Companyrsquos employees

8 Changing an employees work hours after they report harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcallsndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquo

or ldquosweetheartrdquondash Making derogatory comments epithets or slursndash Discussions about sexual topics or personal anatomyndash Telling or e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too closendash Making sexual gesturesndash Physically blocking someonersquos pathndash Following someone aroundndash Giving unwanted romantic

cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and downndash Staring at someonendash Displaying offensive items or photosndash Distributing or displaying sexual photographs

cartoons drawings e-mails or other materialsndash e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distributionndash Compelling evidencendash Can always be retrieved

Harassment Scenario 1Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Company be liable for wrongful discharge

ndash Can the Company be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Company be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Company handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 Whether conduct is unwelcome or unwanted is determined

by the harasserrsquos intent if the harasser did not intend to be offensive the conduct cannot constitute harassment

2 If an employee is subjected to sexual harassment by their supervisor but never reports it to management the employee cannot bring legal action against the employer

3 If an employee participates in sexual or vulgar conduct at work the employee cannot bring a successful sexual harassment claim

4 An employer may be held liable for unwelcome sexual advances made outside the workplace

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo

5 In order to constitute quid pro quo sexual harassment a threat that an employeersquos rejection of sexual advances will result in some adverse employment action must be explicit and direct

6 One instance of sexual touching is enough to support a claim of sexual harassment

7 The Company can be liable if the vendor who regularly delivers office supplies sexually harasses one of the Companyrsquos employees

8 Changing an employees work hours after they report harassment can form the basis of a retaliation claim

RECOGNITION

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcallsndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquo

or ldquosweetheartrdquondash Making derogatory comments epithets or slursndash Discussions about sexual topics or personal anatomyndash Telling or e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too closendash Making sexual gesturesndash Physically blocking someonersquos pathndash Following someone aroundndash Giving unwanted romantic

cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and downndash Staring at someonendash Displaying offensive items or photosndash Distributing or displaying sexual photographs

cartoons drawings e-mails or other materialsndash e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distributionndash Compelling evidencendash Can always be retrieved

Harassment Scenario 1Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Company be liable for wrongful discharge

ndash Can the Company be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Company be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Company handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

Recognizing Harassment

Verbal

Physical

Visual

Recognizing Verbal Harassment

ndash Making comments about a personrsquos body clothes anatomy manner of walking etc

ndash Whistling or catcallsndash Using pet names such as ldquosweetierdquo ldquohoneyrdquo ldquodollrdquo ldquobaberdquo

or ldquosweetheartrdquondash Making derogatory comments epithets or slursndash Discussions about sexual topics or personal anatomyndash Telling or e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)ndash Sexual advances or propositions

Recognizing Physical Harassment

ndash Unwanted touching(hugging kissing brushing against shoulder rubs)

ndash Standing or sitting too closendash Making sexual gesturesndash Physically blocking someonersquos pathndash Following someone aroundndash Giving unwanted romantic

cards letters or gifts

Recognizing Visual Harassment

ndash Looking someone up and downndash Staring at someonendash Displaying offensive items or photosndash Distributing or displaying sexual photographs

cartoons drawings e-mails or other materialsndash e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distributionndash Compelling evidencendash Can always be retrieved

Harassment Scenario 1Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Company be liable for wrongful discharge

ndash Can the Company be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Company be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Company handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

Recognizing Visual Harassment

ndash Looking someone up and downndash Staring at someonendash Displaying offensive items or photosndash Distributing or displaying sexual photographs

cartoons drawings e-mails or other materialsndash e-mailing jokes or stories relating to one of the

protected categories (ie sexual racial etc)

E-Harassment

ndash No direct contact so people feel more free to share

ndash Ease of distributionndash Compelling evidencendash Can always be retrieved

Harassment Scenario 1Tom a supervisor and Felipe his subordinate frequently tell one another ethnic jokes Felipe is later fired for poor performance and accuses Tom of racial bias

ndash Can the Company be liable for wrongful discharge

ndash Can the Company be liable for harassment of Felipe

ndash Can Tom be liable for harassment of Felipe

ndash Can Felipe be liable for harassment of Tom

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Company be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Company handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

Harassment Scenario 2

Sharon the receptionist frequently rubs the shoulders of Brad her boss This makes Brad feel uncomfortable but hehas not said anything

- What should Brad do

- Can Sharon be liable for sexual harassment

- Can the Company be liable for sexual harassment

Harassment Scenario 3

Connie comes to work in a micro mini-skirt and 5-inch high heels Bill who works in a different department than Connie says as she walks past ldquoGreat legsrdquo

ndash Can Bill be liable for sexual harassment

ndash Has Connie violated any policies

ndash What should Connie do

Harassment Scenario 4

Jim tells jokes to anyone who will listen One day he tells a joke that is a bit off-color Donna laughs and responds ldquoThatrsquos nothing Did you hear the one aboutrdquo Jim tells an even more off color joke which causes Donna to become upset and run away

- Can Jim be liable for sexual harassment

- Can Donna be liable for sexual harassment

Harassment Scenario 5Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Company handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

Harassment Scenario 5Tammy and Stan co-workers are involved in a dating relationship that is consensual and that does not interfere with work

- Is it OK for employees to date each other

- How should the Company handle the situation

- Could this scenario result in a claim of sexual harassment

Harassment Scenario 6An employee reads Outside Magazine on his break in view of co-workers The cover of the magazine depicts a woman in lycra biking shorts and a jog bra A female employee comments ldquoI wish I looked like thatrdquoAnother female employee responds and says ldquoYou do ndashyou look greatrdquo

- Does the magazine present a problem

- Does the conversation between the female co-workers present a problem

- Could any of these interactions form the basis of a sexual harassment complaint

Harassment Scenario 7

You heard a ldquodumb blonderdquo joke on the radio while driving to work and repeat it verbatim to both male and female subordinates all of whom laugh and none of whom complain

- Is the telling of the joke sexual harassment

- What if you tell the joke to a brunette not a blonde

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

PREVENTION

To Ensure You Donrsquot Engage in Harassing Conduct

bull Think before you speakactndash Put yourself in the other personrsquos shoesndash Always do and say things you can be proud ofndash Keep your Mom in mindndash Keep a civil tonguendash Keep your hands to yourself

bull Raise Your Sensitivity Antennandash Recognize othersrsquo boundaries

bull Apologizebull Remember harasserrsquos intent is irrelevant

If You are Harassed or Witness Harassment

ndash Immediately indicate that conduct is unwelcome or offensive (harasser may not realize hisher behavior is inappropriate)

ndash Ask harasser to stop

ndash Immediately report conduct

ndash Participate in any investigation

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

REPORTING

Immediately report all incidents of possibleharassment to Human Resources or Management

Submit a verbal or written complaint including all relevant details names of people involved names of witnesses and any documentary evidence

Why do Some Employees Delay in Reporting Harassment

Employees often attempt informal strategies first before reporting to higher management An employeersquos natural feelings of shame embarrassment and humiliation may delay reportingFear of how their families friends and coworkers will reactFear of losing their job or retaliation

What to do if a Co-Worker Approaches You with a Complaint

Make complainant feel comfortable and at easeRemind complainant that Company strictly prohibits all forms of harassmentEncourage complainant to reportVolunteer to go with complainant to make reportDocumentFollow up

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

What to do if You are Accused of Harassment

Immediately bring complaint to attention of Human Resources andor your managerParticipate in investigation as requestedDo not retaliateDo not discuss complaint with anyone other than Human Resources andor your manager andor Company designated investigator

INVESTIGATION

What Will Company Do Upon Receiving a Complaint of Harassment

Take all complaints seriouslyBe impartialReview Company policyGather facts (names dates locations witnesses)Interview witnessesGuarantee confidentiality to the extent possibleEnsure no retaliationDocumentTake appropriate action

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

All incidents of harassment that are reported will be investigated

Immediate thorough and objective investigation

Identities kept confidential to the extent possible

If it is determined that improper conduct has occurred effective remedial action will be taken

Harasser will be disciplinedSteps will be taken to prevent further harassment

Results of investigation will be communicated to complainant harasser and others as appropriate

Quiz ndash Answer ldquoTruerdquo or ldquoFalserdquo1 If you are uncomfortable with a co-workers comments or conduct

you should advise them and ask them to stop2 You should not report suspected harassment unless you can verify the

legitimacy of the complaint3 If an employee informs you that they are uncomfortable about a

supervisorrsquos advances but swears you to secrecy you must respect their request for confidence

4 Never document complaints of harassment you do not want to create evidence that could be used against the company if the victim ofharassment sues

5 Upon receiving a complaint of harassment a company must conduct a prompt thorough and impartial investigation into the allegations

6 Anyone who is found to have engaged in harassing conduct may be subjected to disciplinary action up to and including termination of their employment

10 Tools To AddressDiscrimination amp Harassment

1 Treat Everyone with Respect2 Be Alert and Sensitive3 Treat Like Situations Alike4 Address Situations Immediately5 Be Fair ndash Donrsquot Take Sides6 Review the Prohibition Against Harassment Be

Discreet ndash Confidentiality Where Possible7 Ensure No Retaliation8 Document9 Follow-up

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch

QUESTIONS

To Receive Your Certificate of Compliance

bull Provide the following information pertaining to each individual who participated in this training programndash Namendash Positionndash Entityndash E-mail addressndash Mailing addressndash State where you work

bull Forward information to Jen Branchndash jbranchalbblawcomndash (858) 345-5073ndash 11232 El Camino Real Suite 100

San Diego CA 92130

jbranchalbblawcom(858) 346-5073

Jennifer Branch