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[Music] welcome to preventing harassment and bullying in the workplace this is session a session b is for managers and supervisors and that will follow this class is part of your organization's mandatory harassment prevention training class thank you for your participation plan on spending the next hour watching this video and taking the test i'm marcia and i'm phillip and we're ready to get started with the training this training is brought to you by prevent harassment llc dedicated to a professional and respectful workplace there are five objectives to this course the first build skills to resolve employee issues employees invariably have issues that come up and we want to make sure that you know about your resources and tools available to you objective number two increase employee morale and productivity employee morale affects everything that we do not just productivity but also commitment quality customer service those are all very important aspects of your employment at this organization we want to make sure that your workplace is inclusive and respectful objective number three learn about your policies we want you to know about our policies and ensure that we are consistent in the application of those policies because the minute we're inconsistent someone could say that we are unlawful or discriminatory and we certainly don't want that to occur having a policy manual ensures that we are consistent across the board objective number four increase professionalism as an organization if we're professional and respectful we shouldn't have any issues so that will be our goal objective number five comply with the law there are many laws you should know about both on the federal level and the state level that give you rights and responsibilities and we'll go into that in great detail while this mandatory training is required by law there's certainly a lot of other good reasons to make sure everyone is on the same page with those five objectives the end result will be to help create a healthy and respectful workplace process for this course include a video and a certification test for the video we'll watch this video and take notes at two separate times we'll provide you with codes and those codes will be evidence that you've actually watched the whole video and then we'll go to the certification test you need to return to the website take the test which will include multiple choice questions and pass the test at eighty percent rate also we'll provide you with ongoing support so you can always access us through the website managers supervisors and team leaders will follow the same process for session b you watch another video and take a separate certification test at any time please email us with any questions that you might have as we know there's a heightened awareness of discrimination harassment and fair treatment in society with movements like black lives matter time's up and me too and recent u.s supreme court decisions protecting the rights of americans based on sexual orientation and gender expression employers must take serious their programs regarding diversity equity and inclusion harassment is not new to employees on day one employees receive information regarding harassment in their orientation packet we also have posters that are hanging in the workplace one is called eeo is the law which details the rights and responsibilities that are afforded to employees regarding discrimination and harassment we also have a policy manual and we've done trainings in the past but by following our policies we demonstrate that we take this issue seriously this training is broken up into three different segments the first segment is going to be legal issues which will talk about the rights and responsibilities that you have secondly we'll talk about behavioral issues how you should communicate and interact with your co-workers vendors suppliers and your managers and thirdly we'll talk about some practical issues what you should say or do if you've observed or have been victimized by harassment in the workplace our goal with this training is to educate you about the rights and responsibilities you have in the workplace but also to give you some ground rules for professional and respectful interactions at all times and certainly to give you some resources in case there's an issue that comes up thank you for listening and taking this topic seriously now let's get into the first section which is legal issues [Music] in this section we'll talk about legal issues and the many laws that provide you with rights and responsibilities we'll discuss the legal issues having to do with discrimination harassment retaliation and abuse of conduct or otherwise known as bullying in the workplace there are both federal and state laws federal there are u.s supreme court cases and u.s eeoc guidance on the state level there are several states that have mandatory training requirements such as california new york and illinois other states have requirements for public sector employees only and then other states encourage the training but we suggest that all employees receive training on this very important topic regardless of whether it is mandated by law let's talk about the recommendations from the u.s supreme court and the eeoc to do this training in 1998 the u.s supreme court had two landmark decisions that strongly encouraged employers to conduct harassment prevention training those cases were burlington industries versus ellerth and farager versus the city of boca raton and in both of those cases the employer was able to demonstrate what's called the affirmative defense because they took reasonable care to prevent and respond to the harassment that occurred in both of those cases the employees unreasonably failed to take advantage of any preventive or corrective opportunities available to them those cases demonstrate that employers should take proactive steps to avoid liability in 1998 the eeoc provided a three-pronged approach as guidance for employers for preventing harassment first employers should adopt specific policies about sexual harassment including a definition of harassment with real-life examples language about non-retaliation for those who come forward with complaints and also a statement that sexual harassment will lead to disciplinary action up to and including termination for complete handling complaints of sexual harassment must be promptly vigorously and honestly investigated and valid complaints must be remedied employees must be offered multiple avenues of complaint and number three the eeoc suggests that employers should consider training all employees from the ceo to frontline employees to ensure that they are sensitive to the issues of sexual harassment here's a list of the federal protections that are afforded to employees so basically you cannot be discriminated against or harassed on the basis of race sex color religion national origin ethnicity or ancestry also included is sexual orientation gender identity and gender expression additional laws provide additional protections such as age age 40 and above pregnancy and related medical conditions military status disability immigration status and genetic information we'll go through each of these laws in successive slides the major federal law dealing with discrimination and harassment is title vii of the civil rights act of 1964 which prohibits discrimination and harassment based on race sex color religion national origin ethnicity and ancestry vii prohibits discrimination in hiring and promotional opportunities within the organization it also proactively requires religious accommodation which might mean days off or time off to pray those sorts of things the accommodation must be reasonable also it should be noted that if you have locations outside of the united states title vii also applies and in june 2020 the united states supreme court affirmed that title vii does protect employees from discrimination and harassment based on sexual orientation gender identity and gender expression another law pertaining to discrimination and harassment is the age discrimination and employment act it protects employees over the age of 40. it was the ages 40 to 70 but then the upper limit was removed so like title vii it applies in hiring and promotional opportunities within the organization so in terms of hiring no questions can be asked about high school graduation dates or age but it's okay to ask about college graduation dates but also like title 7 it applies to harassment as well so no jokes or comments or teasing about age another law is the pregnancy discrimination act which protects people who are pregnant or have related medical conditions such as miscarriages infertility or an inability to become pregnant the only exception to that would be whether the qualification was a bona fide occupational qualification which is a very limited exception under the uniform services employment and re-employment rights act an employer cannot discriminate based on military status employers must hold the job open while the employee is out on active duty and reinstate them to the same or similar position upon their return from leave another law which protects americans is the americans with disabilities act employees that are covered have a physical or mental impairment that affects a major life function such as seeing walking hearing breathing employers are required to provide reasonable accommodation but this accommodation can only be determined through an interactive process which is handled by an individual such as hr or in your benefits department this law also restricts medical inquiries to designated personnel so make sure if you have access to any information that you keep it confidential and be respectful of employees rights to confidentiality regarding their medical condition and the immigration reform and control act has a anti-discrimination provision it's not an eeo law per se but it does have a provision which prohibits discrimination based on citizenship status so yes we need to verify an employee's eligibility and authorization to work with an i-9 form upon hire but while they're an employee we cannot treat them differently because of their citizenship status and in 2008 the genetic information non-discrimination act was passed making it unlawful to discriminate against an employee on the basis of genetic information now let's talk about the state-specific employment laws in the state of connecticut the state of connecticut recognizes several additional protected categories those categories are age ancestry color learning disability marital status intellectual disability national origin physical disability mental disability race religious creed sex gender identity or expression sexual orientation and status as a veteran additionally lawful source of income and use of a guide dog are also protected but only in housing and public accommodation familial status is protected in housing transactions only and a protected area in employment transactions by the state is prior criminal record with certain exceptions employment transactions include recruiting referring terms and conditions of employment hiring classifying training promotion advertising discharge laying off compensation in 2019 the state of connecticut passed two laws called the time's up act that was public acts 19-16 and 19-93 the definition of sexual harassment under this statute is any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when a submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or b submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals or c such conduct has a purpose or effect of substantially interfering with an individual's work performance or creating an intimidating hostile or offensive working environment the law requires employers with over three employees to provide training to new employees which consists of a copy of information regarding the illegality of sexual harassment and remedies available to victims as well as two hours of training in education within six months of their start date existing employees should also be trained for two hours the compliance date was october 1st 2020 but that date was extended to february 2021 due to cover 19 restrictions additionally employers should provide supplemental training not less than every 10 years employers are also required to post information concerning sexual harassment and remedies available the state of connecticut provides you with multiple avenues of complaint if you feel comfortable you can ask the harasser to stop you can look at your company policies to see who you should report it to you should tell your supervisor human resources officer or another management employee and if you belong to a union you should tell your union representative but in connecticut you can file a complaint with the chro or with the eeoc if the harassment occurred prior to october 1st 2019 you have 180 days to file a complaint with the chro if the harassment occurred after october 1st 2019 you have 300 days to file with regard to remedies the connecticut human rights referees are authorized to award damages necessary to eliminate the discriminatory practice and make complainants whole these damages can include back pay front pay attorney's fees costs cease and desist orders pre and post-judgment interest emotional distress and punitive damages if the case is tried in court connecticut employers are required to provide the state poster which is shown here and a copy of this is also posted on our website usprevent harassment dot com state specific resources include the connecticut commission on human rights and opportunities website which can be reached at https colon slash portal.ct.gov slash c-h-r-o you can also find additional resources at uspreventharasment.com that concludes the state-specific information to summarize the information in this first section recognize that there are many laws both federal and state that provide you with rights in the workplace but you also have responsibilities your responsibilities are obviously to do your job but also to behave in a way that is conducive to the standards of conduct that are listed in your employee handbook or personnel policy manual so be sure that you're not infringing on the rights of others in the workplace now as we mentioned in the beginning you'll need a code for the middle of the session and that code is c u s x v you'll need to write that code down and provide it as evidence that you're watching the entire video when you do the certification test okay let's move on to the next section which is behavioral issues section two behavioral issues follow the standards of conduct and be respectful and professional from a behavioral standpoint there's several issues that can get employees into trouble this usually happens between interactions and communications with your co-workers the first issue is profanity obviously profanity entails anger and emotion and there's no place for it in the workplace also jokes jokes are fun however sometimes people are the butt of jokes or jokes are made at people's expense and so those are jokes that are going to cause you issues yelling or raising your voice indicates a lack of control over your emotions so when there's the intensity and frequency of raising your voice that could be problematic also name calling you should not engage in names that are going to be offensive to other people and this would include calling people names like honey deer sweetie babe those sorts of things be careful about your electronic communications via email facebook instagram snapchat social media and even online games recognize that behavior that may be socially acceptable such as flirting and joking is probably not appropriate in a professional setting so be aware of your behavior and act accordingly sometimes some of our communications and behavior has a bit of bias in it there's prejudice or preconceptions or assumptions that we make about people and there's also the element of unconscious bias microaggressions that are comments that are made t at don't intend to offend or humiliate or embarrass people but that's the end result so we need to be cautious of those sorts of comments and behaviors so let's start with the impact on of harassment and first with the impact on individuals physical and emotional stress and health issues are one element of harassment second impact is self-confidence and pride in work and a third but not final is job career reputation another impact is on the team there's poor team cohesion lower productivity loss of morale stress and interpersonal conflict the third is impact on the organization cost of investigations and settlements liability high turnover and loss of valuable employees negative publicity and loss of contracts grants public trust and confidence for all those reasons we want to ensure that people's behavior is appropriate respectful and professional we're now going to talk specifically about sexual harassment but first just a couple of general comments remember that harassment can be based on other elements not just sex it could be based on race color religion or any of the other protected categories that we talked about it is subject to interpretation because we are different people with different backgrounds different genders different ages we all have different senses of humor and different tolerance levels so what offends or humiliates one person might not offend another person however it is subject to the standard of the reasonable person would a reasonable person be offended given the circumstances and certainly if anyone tells you that they're offended you need to stop that behavior at once there are four types of sexual harassment the first is sexual favors or quid pro quo that would be a manager or supervisor abusing their power by saying something like if you do this for me i'll do this for you or if you don't do this for me i won't do this for you the other forms are physical verbal and visual here are some scenarios that are commonplace examples of harassment in the workplace so scenario number one joking at work two employees are observed talking in the break room both are laughing and are engaged in the conversation this is probably fine as long as the employees are not joking about another person or making comments or jokes at the person's expense that demean or embarrass or offend another employee scenario number two complaints an employee has complained about unfair treatment so the supervisor is unsure how to treat them and ends up avoiding the employee an employee has the right to complain and shouldn't be treated any differently as a result of that complaint so if an employee makes a complaint and they're being ignored or avoided or ostracized that's changing the terms or conditions of their employment and that could be considered as retaliatory scenario number three electronic communications your friends on facebook with several other employees and you notice inappropriate postings about a co-worker your communications on facebook and related social media sites could be subject to your employer's electronic communications policy most cases disclosing confidential information or communications that are disparaging or disloyal to the employer are restricted yes there is the element of free speech however many in many cases employees behavior online has been subjected to disciplinary action or termination scenario number four hugging an employee just got back from a long vacation is happy to see his or her co-workers your policy outlines behavior that could be physical harassment and usually that is pinching padding kissing hugging or putting your arm around someone with regard to hugging it can create a hostile workplace when it is unwelcome and pervasive the rule of thumb is that you can probably hug your close friends but not all the time and you can probably hug someone if you ask and they say it's okay but you shouldn't hug someone who you supervise and you shouldn't hug a co-worker with whom you're romantically involved scenario number five body language an employer stares gives mean looks or wags fingers and becomes visually angry with co-workers here's an example of visual harassment could be gestures facial expressions pointing your finger and those types of displays which are aggressive and they could create a hostile work environment even if nothing was stated the type of behavior that we see in these photos could be problematic scenario number six friendships your coworkers are friends and ends up spending weekends and evenings socializing several romantic relationships resulted on the team the answer is that although we cannot control your off-duty conduct employees should refrain from public displays of affection and realize that their conduct could be questioned should the behavior come into the workplace scenario number seven dating an employee asked another employee out and she said no he repeatedly asked her out for a date the answer is it makes sense that you may want to date someone that you meet on the job however if you ask an employee out for a date and they say no do not repeatedly ask them out that could be an example of harassment also employees that do not report to each other can date but not if there's a reporting relationship that could cause issues with conflict and preferential treatment in the workplace also employees in relationships should in general be cautious because the romance might end and what will result is conflict and bad feelings scenario number eight compliments a co-worker tends to give you compliments on a regular basis saying things like hey you look great or have you been working out the answer is it's often not what you say but how you say it and compliments may be misinterpreted due to the tone content frequency or intensity of the attention among other factors if the person has said they're uncomfortable being complimented certainly do not continue this sort of attention and remember that all workplace communications should be professional and respectful at all times most of those examples were commonplace we just wanted to give you a sense of the ground rules for engaging in communications and other interactions with your co-workers the key is to ensure that we're always being respectful and professional remember it isn't necessary that inappropriate comments be directed at an individual for them to make a viable complaint if someone witnesses or otherwise becomes aware of an incident of inappropriate behavior they can raise concerns everyone should be on their best behavior at work this includes vendors suppliers customers and certainly employees themselves now let's move on to section three the practical issue [Music] section 3 practical issues resources and next steps so the employee responsibilities are read the policy review posters uphold standards and remind others about the policy or refer to appropriate persons we've talked about a lot of the rights that you have in the workplace but you certainly do have responsibilities as well your employee handbook is a great place to look in case you have any questions about the behavioral standards also the set of employment posters that are hanging in a common space are a very good resource for you as well they include information of the agency that's responsible for that law as well as contact information your organization has a lot of policies that are important in your employment there's an eeo policy and a policy regarding harassment and bullying in the workplace there's also a complaint handling procedure and of course other policies such as standards of conduct dress code confidentiality and your social media or electronic communications policy so read the policy manual and understand what's required of you when it comes to reporting harassment speak up if you know or suspect a situation second multiple avenues of complaint exists through human resources your manager supervisor manager or executive or anyone really in a management position remember it's the employer's responsibility to investigate any claim of harassment promptly vigorously and honestly but we need to know about it so it's your responsibility to speak up if you know or suspect a situation that's going on it's your choice who you want to go to with any complaint concern or question you could even submit the complaint anonymously however it's very difficult to investigate a claim if we don't know specifics oftentimes employees are hesitant to come forward with information regarding a complaint or situation but you should know that your your organization's policy includes a non-retaliation provision meaning you can't be retaliated against for coming forward with that information employees do have the right to complain and we want to be respectful of that but certainly you should not fear retaliation for complaining or even being involved as a witness in an investigation your organization has an investigation process in place which requires employees to come forward as soon as possible with any question concern or problem one thing to mention is that we cannot ensure 100 confidentiality however we will only share information with people who have a demonstrated need to know and employees should try to maintain the confidentiality of their information as well if you ever had any questions or concerns you could go to your internal resources such as hr or your manager or you could gather information from the eeoc website which is www.eeoc.gov and there's also contact information on your employment posters you could go to the us prevent harassment website and you can certainly submit questions to us and we will answer those within two business days and that website is us prevent harassment dot com so in summary we want to make sure that you're aware of your conduct and how it impacts other people understand the legal issues rights and responsibilities make sure that you separate your professional behavior from your social behavior and last but not least seek advice from hr or your manager if you have a question comment or concern that concludes the video component of this one hour training class the rest of the time will be composed of a final activity as well as the certification test and that should take you to the full hour the final activity is to review the employment posters pertaining to discrimination and harassment the federal poster is called eeo's the law and a link can be found on the usprevent harassment.com website most states also have a state-specific poster which is your human rights or fair employment practices poster so track that down and take a look at the rights that are afforded to you by your state now you're ready for the certification test the certification tests consist of 10 multiple choice questions that are not very hard but are meant to ensure that you listen to the entire video you'll also be asked to attest to the fact that you watch the entire video and have done the activity the code for the end of the session is c g u s x and you'll also need the code for the middle of the session so go to u s prevent harassment dot com click on the session a button and you'll go to the quiz enter your name as you want it to appear on the certificate your company name as well as your company email a certificate will be generated for you and records will be maintained for your employer thank you for participating and thank you for taking this topic seriously managers supervisors and team leaders should also take session b if you have any questions about the content you can submit those questions at the website usprevent harassment.com thank you again [Music] you