What More Can You Say?

1. What More Can You Say? Sexual Harassment Discrimination

2. Board Anti-Discrimination Policies are Built on State and Federal Laws • A.R.S. §§23-341 and 41-1461 et seq. • Arizona Constitution, Art. XX, Par. 7 • 20 U.S.C. 1401, Individuals with Disabilities Education Act • 20 U.S.C. 1681, Title IX • 20 U.S.C. 1703, Equal Employment Opportunity Act • 29 U.S.C. 794, Rehabilitation Act • 42 U.S.C. 2000, Civil Rights Act • 42 U.S.C. 12101 et. Seq. Americans With Disabilities Act Not to mention regulations, rules, and Executive Orders

3. ACA, Sexual Harassment All individuals associated with this District, including, but not limited to, • the Governing Board, • the administration, • the staff, and • Students are expected to conduct themselves at all times so as to provide an atmosphere free from sexual harassment.

4. Sexual Harassment Includes • Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature • when made by a member of the school staff to a student or to another staff member or • when made by a student to another student AND WHERE

5. Submission to the conduct is either explicitly or implicitly made a term or condition of the employment or education • Submission to or rejection of the conduct is used as a basis for employment or education decisions affecting the individual, or • The conduct has the purpose or effect of substantially interfering with the person’s education or work performance or creates a hostile, intimidating, or offensive education or work environment.

6. What do you think? • Teacher allows children to sit on lap for story time. • Teacher requires all girls to sit on his lap before he will answer their questions; boys can stand/be anywhere and have their questions answered. Girls no longer ask questions and grades suffer.

7. What do you think? • Administrator calls all female employees “sweetheart,”“gorgeous,”“good-looking,”“honey.” • Administrator calls all male employees by their actual names.

8. What do you think? • To control talking, teacher requires over-talkative boys to wear dresses because “they are just like girls” • Teacher has students put over-talkative girls in the trash can

9. Sexual Harassment may also include • Suggestive or obscene letters, notes, derogatory comments, slurs, jokes • Display of sexually suggestive objects, pictures, or cartoons • Assault, touching, impeding or blocking movement, • Leering, or • Continuing to express sexual interest after being informed that the interest is unwelcome.

10. What do you think? • Co-worker A asks Co-worker B out on a date; B says no. Can A ask B out again? • A asks B out again. B says no again. Can A ask B out again? • B now asks A out and A says yes. Can A ask B out again?

11. What do you think? • Co-worker is always exuberant, over-the-top expressive with everyone: male and female; subordinates, supervisors and colleagues. Instead of saying, “thanks” in her e-mails, she says, “I just love you!” What if a someone objects, saying that makes him/her uncomfortable?

12. Quid Pro Quo Sexual Harassment • Implying or withholding support for an appointment, promotion or change of assignment; • Suggesting a poor performance report will be prepared, probation will be failed; • Implying or actually withholding grades earned or deserved; or suggesting that a scholarship recommendation or college application will be denied Or, taking the opposite approach

13. Offering or granting favors or educational employment or benefits, such as • Grades, • Promotions, • Favorable performance evaluations, • Favorable duties or shifts, • Recommendations, • Reclassifications, etc. in return for sexual favors

14. Discrimination…

15. Discrimination Based on a person’s • Race • Color • National Origin • Age • Sex • Disability • Religion Are also prohibited by law and policy!

16. To that standard list, add… • Genetic code • Political Affiliation • Veteran’s Status

17. Disparate treatment Demonstrated by • Preferential treatment of individuals, who are not in the protected group, or • Negative treatment of individuals who are members of a protected group • Use the same criteria discussed for sexual harassment—only not “in return for having sex” but simply because of membership in the protected group

18. What do you think? • Training classes required for promotion are set • People who cannot attend the classes are not considered for promotion • No option is made for attending later via webinar • Classes are only scheduled for Jewish High Holy Days, days which, like all religious holidays, are marked on the District calendar • The conflict is pointed out, but Jewish employees are told, “the date has been set.”

19. What do you think? • Employer wants to pay a veteran less since the veteran is already getting military retirement. • Employer allows co-workers to tease a veteran, calling him “Rambo”. • Employer allows co-workers to call an employee who has not served in the military a coward and wimp.

20. What do you think? • Latino employee named Jorge has nametag that reads “Taco” • Supervisor gave employee the nametag as a joke • Supervisor overheard other employees calling employee “Taco” and thought it was his nickname. • Latino employee requested this as the nametag Not an actual taco.

21. What do you think? • Employer has employees’ blood provided for health insurance “wellness” testing screened for a genetic code for cancer.

22. What do you think? • Employee loves to tell “blonde jokes” about stupid, blonde women. • Employee loves to tell jokes about stupid men. • Employee loves to tell jokes about Democrats or Republicans. • Employee loves to tell jokes about attorneys.

23. Remedy • Individuals suffering discriminatory treatment • Because of membership in a protected class • Should report the discriminatory behavior to the compliance officer • Individuals observing discriminatory treatment should also report the behavior to the compliance officer

24. A substantiated charge… • Against a staff member shall subject the staff member to discipline, up to and including termination. • Against a student shall subject the student to disciplinary action up to and including suspension or expulsion.

25. ACR-Compliance Officer • The superintendent is the compliance officer • The person who feels that he or she has been discriminated against OR • Anyone who knows of discrimination, should file a complaint with the superintendent. • If the superintendent is the person alleged to have committed the discrimination, then the complaint goes to the Board President.

26. Reviewing complaints… • Were adverse job consequences experienced? • Did others receive preferential treatment? • Were there justifiable job-related reasons for any identified differences in treatment? • What would a REASONABLE WOMAN-MAN in like circumstances have done/acted/felt?

27. Common causes of complaints • Actual victimization • Cultural differences misinterpreted • Personal agenda • Core personality styles clashing

28. What do you think? • Employee comes from a family where everyone hugs everyone. Employee hugs everyone: male and female; subordinates, supervisors, colleagues. • Hug is arm around a shoulder. • Hug is full, frontal body hug. • Someone objects to being hugged and employee tries to hug that person anyway.

29. The Respectful Workplace • Not ALL interpersonal interactions are governed by law • Just because a rude comment or boorish behavior isn’t prohibited by law, doesn’t mean it CAN’T land you in trouble. • Treat others with respect!

30. What do you think? • Boss is continually gossiping about employees to other employees—stirring up bad feelings; makes exempt employees work weekends and evenings; calls exempt employees at 2 in the morning to discuss ideas; berates and belittles employees in front co-workers, family members, the public. • Exempt employees are of all races, religions, sex, age, ability/disability, places of national origin, political affiliation, veteran’s status and genetic code—boss is an equal opportunity jerk.

31. Questions???

32. ___________________ Udall Shumway plc 1138 North Alma School Road, Suite 101 Mesa, Arizona 85201 480-461-5300 www.udallshumway.com 4250 West 16th Street Yuma, Arizona 85364 1-800-863-6718 cbp@udallshumway.com