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Harassment Prevention. Training for Summer Employees. What is Harassment?. The behavior of a person or people that a reasonable person finds offensive, aggravating or otherwise unwelcome. Protected Categories. Foundation of harassment and discrimination laws Sex/Gender Race/Ethnicity
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Harassment Prevention Training for Summer Employees
What is Harassment? The behavior of a person or people that a reasonable person finds offensive, aggravating or otherwise unwelcome
Protected Categories Foundation of harassment and discrimination laws • Sex/Gender • Race/Ethnicity • National Origin • Age • Veteran Status • Disability/Medical Condition • Pregnancy • Religion • Sexual Orientation
Discrimination According to the law, there are two types of illegal discrimination. • Disparate treatment • A supervisor that treats employees differently based on gender (or other protected category) • Disparate impact • A policy that adversely impacts individuals in a certain group)
Disparate Impact Example: Policy requiring all employees to work on days that conflict with their religious holiday observance
Harassment For workplace harassment to be considered illegal, it must: • relate to a protected class • be unwelcome; and one of the next three
Harassment • have the effect of creating an intimidating, hostile, humiliating, or offensive working environment • have the purpose or effect of unreasonably interfering with an individual's work performance; or • otherwise adversely affects an individual's employment opportunities
Did you know? • Jokes, graffiti, comments, stories, photographs, gestures, email or other written materials can create a hostile work environment as well
The Welcomeness Standard • A complaint of unlawful harassment will likely be dismissed if the recipient welcomed or even participated in the behavior at any time. • Can't claim to be harassed by that same behavior later.
The Reasonable Person Standard • Behavior is judged from the perspective of a reasonable person in the same protected category in the same situation
Severe or Pervasive Behavior • Severe action is a single incident that is very offensive and seriously impacts the individual's ability to work or learn • Pervasive refers to a pattern of behavior that involves repeated incidents
Severe or Pervasive Behavior • One inappropriate joke is indeed inappropriate, but it would not be severe or pervasive enough to be considered harassment. • The behavior should be still be reported and addressed.
Sexual Harassment • Unwelcome sexual advances, requests for sexual favors, touching, etc. • Comments about an individual's body; sexual stories or comments; cartoons or jokes; or other items of a sexual nature
Types of Sexual Harassment • Quid pro quo • Exchange of benefits • Hostile work environment • Interferes with job performance, offensive work environment (severe/pervasive)
Why talk about harassment? • Create awareness of actions that may be perceived as offensive and refrain from engaging in that behavior • Responsible for reporting any activities you experience or witness that you feel are inappropriate
Scenario Javonne says she has been inappropriately touched in the supply room as other workers push by her to get something off a shelf. Is this sexual harassment?
Scenario Maybe, the key is "inappropriately touched." If the unwanted contact was sexual, based on gender and would upset an unreasonable person. This contact could create a hostile work environment.
Third Party Harassment • Anyone you come into contact with while performing your job • Copy machine repair person, vendor, independent contractor • It is especially important that you report any third-party harassment to Bucknell
Summary • Potential harassment disputes can almost always be avoided by adhering to basic standards of mutual respect • Many times just telling someone you are offended and they should stop is enough
Summary • If you witness a situation or find yourself in a situation you feel is harassing, contact Human Resources