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UNLAWFUL WORKPLACE HARASSMENT

UNLAWFUL WORKPLACE HARASSMENT. Social Services Institute October 28, 2010 Raleigh. WHAT IS UNLAWFUL WORKPLACE HARASSMENT?. CODE OF CONDUCT? PROTECTION FROM DISCRIMINATION?. UNLAWFUL WORKPLACE HARASSMENT - THE HISTORY. BIBLICAL VERSION. In the beginning was Title VII.

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UNLAWFUL WORKPLACE HARASSMENT

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  1. UNLAWFUL WORKPLACE HARASSMENT Social Services Institute October 28, 2010 Raleigh

  2. WHAT IS UNLAWFUL WORKPLACE HARASSMENT? CODE OF CONDUCT?PROTECTION FROM DISCRIMINATION?

  3. UNLAWFUL WORKPLACE HARASSMENT - THE HISTORY

  4. BIBLICAL VERSION In the beginning was Title VII. Title VII begat sexual harassment. Sexual harassment begat quid pro quo. Quid pro quo begat hostile work environment. The State Personnel Act begat . . . . Nothing.

  5. UNLAWFUL WORKPLACE HARASSMENT - THE HISTORY, PART II

  6. IT’S A LEGAL MATTER

  7. WHAT’S THE AUTHORITY FOR THIS? • NCGS 126-36: • Harassment in the workplace based upon age, sex, race, color, national origin, religion, creed, or handicapping condition, whether the harassment is based upon the creation of a hostile work environment or upon a quid pro quo. • Retaliation for opposition to harassment in the workplace based upon age, sex, race, color, national origin, religion, creed, or handicapping condition

  8. WHAT IT ISN’T A code of conduct A way to enforce courtesy A way to make people “play nice together” Supervision

  9. WHAT IS UNLAWFUL WORKPLACE HARASSMENT? Protection against unwelcome, discriminatory behavior that is based on: • age • sex • race • color • national origin • religion • creed or • handicapping condition

  10. PROTECTION AGAINST WHAT? Creation of a “hostile work environment” “Quid pro quo” demands

  11. “QUID PRO QUO” “This for that” “If you do X, you’ll get Y.” “If you don’t do X, Y will happen to you.”

  12. CONSENSUAL vs. FORCED

  13. WHAT IS “HOSTILE WORK ENVIRONMENT”? Conduct that is so severe or pervasive enough that it creates a work environment that a reasonable person would consider intimidating, hostile, or abusive.

  14. DOES “HOSTILE WORK ENVIRONMENT” HAVE TO BE CONNECTED TO DISCRIMINATION?

  15. “HOSTILE WORK ENVIRONMENT” Can HWE just be discourteous, unpleasant, obnoxious, annoying, despicable or repugnant behavior WITHOUT being connected to a discriminatory basis?

  16. PROTECTION? The State Personnel Act also prohibits harassment against individuals in retaliation for filing a discrimination charge or complaining of UWPH.

  17. WHAT CREATES A “HOSTILE WORK ENVIRONMENT”? Offensive conduct may be: offensive jokes slurs epithets or name calling physical assaults or threats intimidation ridicule or mockery insults or put-downs offensive objects or pictures and interference with work performance. This includes sending racially or sexually graphic email, which can result in harassment, particularly if the messages are recurring.

  18. WHAT IT ISN’T Not saying “Good morning” “Hard looks” “Hateful behavior” Gossip Telling a subordinate what the assignment is, when it’s due, and how it is to be done

  19. Is it necessary that the person being unlawfully harassed have some definite injury or adverse action (such as failure to be promoted, or being dismissed)?

  20. COPIES OF THIS PRESENTATION CAN BE DOWNLOADED FROM THE OSP WEB SITE AT:www.osp.state.nc.us/ExternalHome/Group5/LocalGovmt/index.html

  21. QUESTIONS?

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