Understanding Harassment, Discrimination
and Preventing Violence in the Workplace
Presented by
Laura Deyo
Title VII of the Civil Rights Act of 1964
…prohibits discrimination on the basis of sex. Amended in 1991 to
include Sexual Harassment as a form of discrimination
"Title VII affords employees the right to work in an environment
free from discriminatory intimidation, ridicule, and insult
whether based on sex, race, religion, or national origin.”
- EEOC Commission
Discrimination and harassment in the workplace is
strictly prohibited by a variety of federal and state
laws, including, but not limited to the following:
• Title VII of the Civil Rights Act of 1964
• Age Discrimination Act 1967
• Rehabilitation Act of 1973
• Pregnancy Discrimination Act (PDA)
• Americans with Disabilities Act of 1990, (ADA)
Harassment and discrimination are illegal in the
workplace when targeted toward a protected class.
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Age
Sex
Race and Color
National Origin and Ancestry
Religion and Creed
Disability
Veteran or Marital Status
Sexual Orientation
**State laws vary
HARASSMENT: Personal or meanspirited acts which create a hostile
work environment.
Sexual Harassment Takes Two Forms
• Quid Pro Quo: i.e. a supervisor uses his/her authority to
demand unwanted attention or sexual favor
• Hostile Environment: on-going language/behavior of a
sexual nature. Unwelcomed jokes, pictures, emails, or
physical content of a sexual nature
What is Quid Pro Quo Sexual Harassment
A situation in which an employee is confronted with sexual
demands in return for something
• The request can be
• Explicit
• Implicit
• It only takes one
sexual advance
Submission to, or rejection of such conduct by an
individual is used as the basis for employment decision
What is Hostile Environment Harassment?
Unwelcome conduct that
• Unreasonably interferes with job performance
• Creates offensive or intimidating work environment
Examples of a sexually hostile environment
• Jokes or remarks
• Cartoons, posters or other graphics
• Innuendos or suggestive looks
Note: The behavior does not have to result in economic loss for
the victim
Hostile Environment Claim
• The employee belongs to a protected group
• The employee was subject to harassment that was
unwelcome
• The harassment complaint was based on a protected class
• The harassment affected a term, condition, or privilege of
employment and/or is so pervasive as to alter the conditions of
employment and create an abusive working environment
• The company or organization knew or should have known of the
charged sexual harassment and failed to implement prompt and
appropriate corrective action
Bullying in the Workplace
• Repeated,
unreasonable actions of individuals
(or a group) directed toward an employee (or
group of employees), which are intended to
intimidate and which create a risk to the health
and safety of the employee(s).
Bullying in the Workplace
The frequent misuse of power to intimidate,
degrade, offend or humiliate a worker, often in
front of other employees. This can include:
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Excessive monitoring or “nitpicking.”
Shouting or humiliation.
Out-of-control practical joking.
Isolation of individuals from information, outings or other
opportunities.
Blaming without justification.
Impossible deadlines or expectations.
Undermining by not giving credit to an individual,
constant negative criticism or impossible assignments.
Too much power given to certain individuals or groups
because of position or tenure.
Harassment and discrimination can take
other forms of communication
• E-mail
• IM
• Cards
• Posters
• Letters
• Text messages
Harassment and discrimination can take
other forms of non-verbal communication
• Innuendo
• Gestures
• Implied
Intentions mean nothing…..
When ongoing kidding of a personal
nature continues or escalates after a
request to stop is made, those
employees may be subject to a charge
of religious, racial, national origin or
other discrimination.
Harassment does not have to be severe
to be illegal!
Harassment because of someone's disability, that
ranges from crude jokes, name calling, threats and
intimidating, to physical assaults by fellow coworkers is illegal!
All workers have a right to work in a non-hostile
workplace!
Create a Respectful Workplace
• Follow non-harassment/discrimination and violence
prevention policies and know how to report instances of
bad behavior.
• Do not repeat behavior that others find unacceptable.
• Lead by example.
• Conflict is addressed and in a positive manner.
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• Title IX- Education Amendments of 1972
No person in the United States, shall, on the
basis of sex, be excluded from participation in,
be denied the benefits of, or be subjected to
discrimination under any education program or
activity receiving Federal financial assistance.
• Rehabilitation Act of 1973 Prohibits
discrimination against individuals with
disabilities in any program receiving federal
assistance; also prohibits discrimination
against beneficiaries of federal assistance.
• Section 503 -in employment
• Section 504- in programs
• Section 508- in access to electronic and
information technology
• USDA Regulation 7 CFR 15 Any recipient
of federal financial assistance, regardless of
the amount, is subject to civil rights reviews.
Further, the primary recipient of federal
financial assistance is responsible for civil
rights administration where the primary
recipient has extended the financial
assistance to another recipient.
• Executive Order 13166 (2000)
Improving Access to Services for Persons
with Limited English Proficiency. Under
Title VI and federal agency regulations
implementing Title VI, recipients of federal
financial assistance have a responsibility to
make reasonable steps to provide Limited
English Proficiency (LEP) individuals with
meaningful access to their programs and
activities.
The Age Discrimination Act was passed by
Congress in 1967 and prohibits discrimination in
the hiring of employees because of age and has
been used successfully by victims of age related
harassment and ridicule on the job.
The Age Discrimination in Employment Act of
1967 (ADEA), protects individuals who are 40
years of age* or older. (State laws vary)
PROTECTING EMPLOYEES BEYOND
HARASSMENT AND DISCRIMINATION
Occupational Safety and Health Act of 1970
“An employer is obligated to furnish each of its
employees a place of employment which is free
from recognized hazards that are causing or are
likely to cause death and/or serious physical
harm to its employees.”
Interpreted in 1992 to include preventable
workplace violence.
OSHA Further States…
“Employers who do not take reasonable steps to
prevent or abate violence hazards in the workplace can
be cited.”
-OSHA Fact Sheet, 2002
“Prevention”… minimize, lessen opportunities
WORKPLACE VIOLENCE: Any situation that may threaten
the safety of any employee, have an impact on an employee’s
physical or psychological well-being, and/or cause damage to
company property.
-SHRM
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Harassment: Acts which create a hostile work environment
• Threat: An expression of intent to cause physical harm
• Physical Attack: Behavior resulting in physical assault with
or without use of weapon
• Workplace: Any location either permanent or temporary where
an employee performs any work-related duty
Who is at Risk?
Research has identified factors that may increase the
risk of violence including:
• Those who exchange money with the public
• Those who work alone or in isolated areas
• Healthcare workers rank #1
• Working where alcohol is served
• Working late at night
• Law enforcement personnel
VIOLENCE IS ANGER IN MOTION
Workplace Violence Includes:
• Physical altercations
• Beatings
• Stabbings
• Sexual Assault
• Threats and Intimidation
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Stalking
Red Flags
• Irrational Communications
Behavioral
Precursors to
Violence
• Vocalized Despondency
• Threats: Overt or Covert
• Work Slowdown or Stoppage
• Uncharacteristic Body Language
• Disrespect for Others’ Personal Space
• Menacing Behaviors
• Recent Failed Relationship(s)
• Uncharacteristic Hygiene Deficits
Common Missteps in
Preventing Violence
• Underestimating a situation
• Inconsistency in following protocol
• “Covering” for coworkers
• Lack of documentation
• Failure to involve law enforcement
Best Practices
• Careful listening to minimize tension in heated
encounters
• Respond immediately to arguments
• Self-protection strategies
• Ability to maintain control and calm
• Request help when needed, don’t try to handle
situations that may escalate by yourself
COMMUNICATION
Active Listening
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Minimizing a threat
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An angry employees or customers may
simply want to be HEARD
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Clarify what you hear; paraphrase to be
sure your are hearing the message
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Show involvement and concern
Do not make the situation worse by being
confrontational.
Know your organizations’ policies and when
to call for assistance.
Do not ignore bad behavior that can be
interpreted as a threat or harassing or
discriminatory.
It is up to all of us to prevent
harassment, discrimination & violence
• Respect
(For One Another)
• Recognition
(Of Real & Potential Problems)
• Response
(appropriate reporting or reaction)
Additional resources are available from the EAP
Go to www.theeap.com and choose from the
MANAGEMENT ACADEMY or
PERSONAL/PROFESSIONAL TRAINING
Over 40 courses are available online, including:
Preventing Discrimination and Harassment
Violence Prevention in the Workplace
Valuing Diversity
Dealing with Difficult People