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Sexual Harassment Prevention Training for Manager’s May 2010. Kevin J. Pokorny Training Consultant Des Moines, Iowa. Lockheed’s responsibilities: Harassment policy and enforce it. To act on harassment complaints. Maintain a harassing free work environment. Provide training.
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Sexual Harassment Prevention Training for Manager’s May 2010 Kevin J. Pokorny Training Consultant Des Moines, Iowa
Lockheed’s responsibilities: • Harassment policy and enforce it. • To act on harassment complaints. • Maintain a harassing free work environment. • Provide training.
Lockheed’s Harassment policy: provide and maintain a harassment-free workplace Value Statements: Do What’s Right Respect Others Perform With Excellence
Training Outcomes: • What is sexual harassment? • What are your responsibilities? • To learn and apply a tool. • 3 steps to engage in respectful behavior. • 10 rules to nip behavior in the bud • What are the employment and legal consequences?
“I think sexual harassment is a way of expressing dominance or power over someone in the workplace.” • “Harassment means the behavior is unwelcome and offensive to a person. If the behavior is not offensive to someone, it’s probably appropriate behavior in the workplace.”
Sexual harassment? • Fact: Sexual harassment is motivated by wanting power and control over another person, not sexual desire. • To continually annoy, pester, tease, torment, stalk, irritate, aggravate or make unreasonable demands of you. • It is never mutual, respectful, or professional behavior.
Myth or Fact? Here are some myths and facts about sexual harassment. Keep in mind that it’s important to clear up misconceptions that you may have about sexual harassment. So, get the facts straight!
Myth or Fact? #1: Very few people file sexual harassment complaints with governmental civil rights agencies. Myth: In FY 2009, 12,696 sexual harassment complaints were filed with the EEOC and state and local human rights agencies. This figure does not take into account all the thousands of complaints filed by employees within their organizations.
Myth or Fact? • #2: The victim is always a woman and the harasser is always a man. • Myth: The victim as well as the harasser may be a woman or a man. In fact, the victim and the harasser can be of the same sex. • 16% of the sexual harassment complaints filed in FY 2009 with governmental human rights agencies were by men!
Myth or Fact? #3: If an employee says he or she has been sexually harassed, then it happened. Myth: Every complaint or report of sexual harassment is treated as an allegation. It is the responsibility of managers and Human Resources to investigate the complaint or report to gather facts upon which to make a decision if a policy violation occurred.
Myth or Fact? • #4: Sexual harassment is illegal sex discrimination. • Fact: Sexual harassment is a form of illegal sex discrimination that violates federal, state, and local civil rights laws in the workplace. • Sex discrimination means being treated differently and unfavorably because of your gender - male or female. • When you are sexually harassed, you are being treated differently and unfavorably because of your gender.
Test Your Civil Rights Knowledge! Q: Who is protected under Georgia/federal Civil Rights laws in the workplace? Sex Race Sexual Orientation Disability Age Smokers Color Religion National Origin Georgia/Georgia Tech Fans Retaliation
Test Your Civil Rights Knowledge! Examples of “discrimination” because of your sex, race, age, etc. • Refusal to hire • Denial of a raise or promotion • Pay cut or demotion • Changes to benefits • Reassignment to less desirable position • Disciplinary action + termination • Negative references • Harassment • Retaliation
The Story of Brenda Berkman, first woman firefighter in NYC. Video: Sex, Power & The Workplace • Unwelcome? • Examples of behavior? • How did the behavior impact her job and work environment? • How do the behaviors violate Lockheed’s values?
Lockheed’s Harassment-Free Workplace Policy “Harassment” and “sexual harassment” –prohibits conduct that is illegal and not illegal under law.
Lockheed’s Harassment-Free Workplace Policy “Harassment”:Threatening, hostile, offensive or abusive toward others. • Sexual harassment • Violent harassment • Discriminatory harassment
Illegal Sexual Harassment 1. UNWELCOMED BEHAVIOR • Person did not initiate the behavior AND regards it as offensive. • Person is not a willing participant.
Illegal Sexual Harassment 2. SEXUAL OR NON-SEXUAL BEHAVIOR • Verbal, physical, visuals, nonverbal sexual behaviors • Same or different gender • Non-sexual behaviors: slurs, stereotyping, threats made to you because your are a woman or man
Illegal Sexual Harassment 3. IMPACTS EMPLOYEE – “Quid Pro Quo” When a supervisor makes employment decisions – hiring, promotions, salary increases, work assignments, or performance evaluations – based on an employee’s willingness to accept or deny sexual favors or advances offered by the supervisor.
Illegal Sexual Harassment 3. IMPACTS EMPLOYEE – “Hostile Work Environment” Behavior must be severe or pervasive that it: • Unreasonably interferes with an employee’s work performance, or • Creates an intimidating and offensive hostile work environment.
Lockheed’s Harassment-Free Workplace Policy • Examples of sexual behavior that would violate policy (range of serious vs. not serious). • Physical? • Verbal? • Nonverbal?
Sexual advances Requests for sexual favors linked to your job Sexually suggestive comments Sexual fantasies, experiences Threatening reprisals Displaying or distributing sexual objects, images, cartoons Sexual leering, obscene gestures Drawing attention to your body Physical violence Physical, verbal, nonverbal, visuals
Lockheed’s Harassment-Free Workplace Policy Violent Harassment • Threats, blackmail, extortion • Offensive touching, pinching, grabbing person’s body • Stalking, assault, body stance impedes/blocks
Lockheed’s Harassment-Free Workplace Policy Discriminatory Harassment • Offensive comments • Threats or intimidation • Slurs • Stereotypical references • Physical assault • Imposing one’s religious views • Sabotaging person’s work • Offensive graffiti • Bullying • Retaliation Race Color Age National origin Religion Disability Sexual orientation*
Lockheed’s Harassment-Free Workplace Policy • Who can do the harassing behavior to you? • Does the policy apply to off-premises situations? • What is the difference between behavior that violates Lockheed’s policy vs. harassing behavior that violates civil rights law?
Difference - policy vs. law? There are workplace behaviors that are inappropriateor unprofessional that do not constitute illegal harassment under the law. These behaviors may be in violation of Lockheed’s harassment policy or considered inappropriate for your work environment.
Supervisors' responsibilities? • Implement and enforce policy. • Be a role model for behavior. • Take employee complaints seriously - • act on them; report to HR or Equal • Opportunity Programs Office • Stop inappropriate behavior. • Don’t do harassing behavior! • Don’t retaliate!
What isn’t harassment? • Consensual dating * • Mutual discussions about religion, news, personal issues, etc. • Funny stories and humor, birthday cards • Compliments • Touching as part of your safety/training situations (based on relationships and situation)
How to determine severity of conduct and action to take? GO SLOW STOP
SEXUAL HARASSMENT? GO GREEN - GO • These actions are not sexual harassment. • Behavior is appropriate and respectful: • Consistent with policies, value statements, manager’s expectations
SEXUAL HARASSMENT? SLOW YELLOW - Slow down • Behaviors are impermissible (violates policy & values), or inappropriate (violates manager’s expectations, interferes with teamwork or productivity). • Discipline may happen.
SEXUAL HARASSMENT? STOP RED - STOP • Severe behaviors: • Illegal sexual harassment • Violation of policy. • Discipline or termination.
SEXUAL HARASSMENT? GO Respectful Five case situations to apply traffic lights SLOW Impermissible or inappropriate STOP Ilegal/policy violation
STOP BEFORE ACTING! Would I want any of my behaviors published on Lockheed’s website or in the local newspaper?
STOP BEFORE ACTING! Would I behave the same way if my spouse, significant other, best friend, or daughter/son was standing next to me?
STOP BEFORE ACTING! Would I want someone else to act this way toward my spouse, significant other, best friend, or daughter/son?
10 Rules to nip inappropriate behavior in the bud! Rule #1:NO suggestive or sexual materials Rule #2: Your direct reports aren’t your family Rule #3:NO derogatory sex, race, etc. related language Rule #4: Beware of the Nonverbals “A How-To-List for Building a Culture of Respect” from Diversity Insight, March 14, 2010
10 Rules to nip inappropriate behavior in the bud! Rule #5:NO terms of endearment Rule #6: Watch the hands Rule #7:NO sex life discussion “A How-To-List for Building a Culture of Respect” from Diversity Insight, March 14, 2010
10 Rules to nip inappropriate behavior in the bud! Rule #8: Keep compliments on a professional level Rule #9: E-mail and voice-mail messages Rule #10: Applies to work-related situations away from Lockheed premises “A How-To-List for Building a Culture of Respect” from Diversity Insight, March 14, 2010
What are the employment consequences for your actions? Employment consequences: discipline up to and including discharge. • You did the harassing conduct. • An employee complains to you and you did not act. • You had knowledge (saw or heard) and did not act on that knowledge. • 4. You retaliate against employees.
What are the legal consequences for your actions? Legal liability for Lockheed when: • You did the harassing conduct. • An employee complains to you and you did not act. • You had knowledge (saw or heard) and did not act on that knowledge. • 4. You retaliate against employees.