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Equality in the Workplace: Preventing LGBT Discrimination

Learn about harassment and discrimination laws, respect, dignity, and regulatory changes to prevent LGBT discrimination in the workplace. Understand the impact of behavior and how to provide a safe and inclusive environment for all employees.

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Equality in the Workplace: Preventing LGBT Discrimination

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  1. Preventing LGBT Discrimination Advocates for Basic Legal Equality, Inc. Legal Aid of Western Ohio, Inc. Presented By: Bob Bethel, SPHR, SHRM-SCP September 10, 2015 Empowering excellence. TheEA.org

  2. Preventing LGBT Discrimination • Defining Harassment and Discrimination • Intent vs. Impact • Providing Respect and Dignity • Regulatory Changes • Same Sex Marriage Impact on Employers • Types of Potentially Offending Behavior • Questions Empowering excellence. TheEA.org

  3. What is the Difference between Harassment and Discrimination? Empowering excellence. TheEA.org

  4. Protected Classes Title VII, Civil Rights Act of 1964 (as amended since) prohibits employment discrimination and retaliation based upon: Empowering excellence. TheEA.org

  5. Legal vs. Illegal Discrimination Empowering excellence. TheEA.org

  6. Title VII did not explicitly include harassment until: • 1986: Supreme Court says sexual harassment is prohibited by Title VII even if there is no direct financial damage Empowering excellence. TheEA.org

  7. What is harassment? (short version) • The EEOC defines it as: • Behavior that is Unwelcome, and Offensive • Behavior that creates an intimidating or hostile work environment If you remember just one thing from this training, remember the “Un” Empowering excellence. TheEA.org

  8. Intent vs. Impact • Intent is not relevant in determining whether or not a behavior is harassment. • Impactof the behavior on the work environment is all that matters. • The statement, "I didn't mean anything by it," is not a valid defense of harassing or discriminatory behavior. Empowering excellence. TheEA.org

  9. Providing Respect and Dignity Special Treatment? – NO! Respectful Treatment? – YES! Empowering excellence. TheEA.org

  10. Providing Respect and Dignity Empowering excellence. TheEA.org

  11. Providing Dignity while Respecting Religious Freedom Empowering excellence. TheEA.org

  12. Regulatory Changes Empowering excellence. TheEA.org

  13. Regulatory Changes Empowering excellence. TheEA.org

  14. Private Employer Policies • 91% of Fortune 500 Companies prohibit discrimination based on sexual orientation • 61% of Fortunate 500 companies prohibit discrimination based on gender identity Empowering excellence. TheEA.org

  15. Same Sex Marriage Impact on Employers Empowering excellence. TheEA.org

  16. Types of potentially offending behavior Empowering excellence. TheEA.org

  17. The Connection between Bullying and Harassment Empowering excellence. TheEA.org

  18. The Connection between Bullying and Harassment • Constant and Unfair Criticism • Social Bantering and Teasing • Yelling, Shouting, and Screaming • Insults and Behind-the-Back Putdowns • Malicious Gossiping • Monopolizing Supplies and Resources • Aggressive e-mails and notes • Overt threats and aggression • Bullying is now being recognized as unlawful, even though it does not involve a protected class. Empowering excellence. TheEA.org

  19. Impact on the Recipient and the Workplace Costs to the employer include turnover, higher health care costs, low productivity, absenteeism, low morale and retaliation that may reach levels of aggressive and violent behavior. Above all, workplace bullying can make it impossible for employers to reach the goal of treating all employees with respect and dignity. Empowering excellence. TheEA.org

  20. Preventing LGBT Discrimination Summary Empowering excellence. TheEA.org

  21. Questions? Comments? Bob Bethel, SPHR, SHRM-SCP bbethel@employersassociation.com (419) 410-7535; (419) 893-3000 1787 Indian Wood Circle, Suite A  Maumee, OH 43537 Phone: 419-893-3000 1-800-882-7042 Fax: 419-893-3001 Empowering excellence. TheEA.org

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