CA SHP Training

Harassment Prevention
Copyright ©
2005 Convergys
Corporation
Convergys
Confidential
and Proprietary
Objectives
Understand why
harassment prevention is
important
Define types of harassment
and their consequences
Recognize and prevent
harassment
Respond to harassment if it
occurs
Adhere to and enforce the
Convergys’ policy against
harassment
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Importance
It’s the right thing to do
We value our employees and commit to an
environment where we treat each other with respect,
recognize excellence and challenge each individual
to grow personally and professionally.
We value the unique combination of qualities and
contributions that each individual brings to the
workplace.
It’s the law
It damages public
image
It’s costly
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Definition
Harassment
Any unwelcome verbal or physical
conduct implicating a protected
status (including race, color, creed,
or other legally protected status)
and may be viewed as harassment
if such conduct has the purpose or
effect of interfering with an
individual’s work performance or
creating an intimidating, hostile or
offensive work environment
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Definition
Sexual Harassment
Unwelcome sexual advances and/or
requests for sexual favors and/or
other verbal or physical conduct of a
sexual nature. Examples may
include, but are not limited to,
unwelcome conduct such as:
flirtations, advances, verbal
comments of a sexual nature,
unnecessary touching of an
individual, displays of sexually
suggestive materials
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
What is Prohibited?
Race
Color
National origin
Citizenship
Religion
Gender
Sex
Sexual orientation
Age
Marital status
Pregnancy
Disability
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Race, Color, and National Origin
Disparaging labels
Jokes
Stereotypes
Comments regarding Accent
or manner of speaking
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Religion
Comments regarding attire or practices
Asking about religious affiliation
Pressure to participate in religious
events or holiday activities
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Gender, Sex, and Sexual Orientation
Jokes about someone
looking masculine or
feminine
Stereotypes about
gender
Revised July 2013
Comments regarding
sexual orientation
Questions regarding HIV
status
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Age
Jokes
Comments
Stereotypes linked to age
Questions regarding retirement
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Marital Status and Pregnancy
Jokes
Stereotypes
Comments about being either
single or married
Comments regarding pregnancy
or plans for pregnancy
Efforts to not hire, not reinstate,
or fire employee
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Disability
Comments regarding someone looking or acting disabled
Remember, disabilities can be visible or not visible
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
What is Sexual Harassment?
Unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature
constitute sexual harassment when this conduct explicitly
or implicitly affects an individual's employment,
unreasonably interferes with an individual's work
performance, or creates an intimidating, hostile, or
offensive work environment
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
What is Sexual Harassment?
Victim and/or harasser
may be a woman or a
man
Victim does not have to
be of the opposite sex
Harasser can be
Victim's supervisor
Third-party client or
vendor
Supervisor in another area
Co-worker
Non-employee
Revised July 2013
Victim does not have to
be the person harassed
but could be anyone
affected by the offensive
conduct
It may occur without
economic injury to or
discharge of the victim
Conduct must be
unwelcome
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Quid Pro Quo
This for That
Occurs when an individual's submission to or rejection of
sexual advances or conduct of a sexual nature is used
as the basis for employment decisions affecting the
individual or the individual's submission to such conduct
is made a term or condition of employment.
Threat of economic loss
A single sexual advance may constitute harassment
Courts have held employers strictly liable
A subordinate who submits and then changes her or his
mind and refuses can still bring quid pro quo sexual
harassment charges
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Convergys Policy
Dating, request for dates and/or personal relationships between
management and persons within their scope of influence are
prohibited. In addition, the behavior defined above is prohibited
between a Convergys employee and our clients’ employees.
Management is defined as all exempt positions to include
Manager, Supervisor, Trainer, Director and above.
Scope of influence includes the ability to affect salary, promotional
status, performance appraisal content, project assignment, etc. If
you are unsure if you fall within the scope of influence of another
person, contact human resources for clarification.
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Advice For Supervisors
Should not date or have sex with people within their
scope of influence
Can never be sure if the behavior is welcome, because
employees may feel pressure to keep their jobs
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Hostile Work Environment
Unwelcome verbal, visual, or physical conduct that
unreasonably interferes with an employee’s work
performance
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Hostile Work Environment
All employees can
commit
Employer is responsible
for non-employees
Failure to stop repetition
may result in liability
Revised July 2013
Supervisory even if no
one knew
Coworker if company
knew or should have
known
Individual personally
liable
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Examples of Sexual Harassment
Verbal comments
regarding physical
attributes
Sexual jokes
Sexual names
Discussion of
pornographic movies
Revised July 2013
Discussions of fantasies
or experiences
Sexual comments
Repeatedly asking
someone out
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Visual Harassment
30% had disciplined employees for Internet use
unrelated to work, and 20% had fired employees for
same
18% had disciplined employees for sending excessive
personal e-mails at work and/or using instant messaging
for matters unrelated to work
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Third Party Harassment
Third Party Harassment is when an employee who is not the
target of the harassment witnesses the visual, verbal or
physical harassment
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Supervisor Behaviors
Supervisors are responsible for behavior at
Work
Business trips
Holiday parties and picnics
Happy hours after work
ANY Company-sponsored or
company-related function
Text Messages
FaceBook, etc
Please see the Social Media
Policy on the portal
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Retaliation
Dismissal
Demotion or transfer
Negative evaluation
Changing tasks or assignments
as a form of punishment
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Common Misperceptions
The person being
harassed must complain
If the victim asks you to
do nothing, you are free
to do nothing
If the victim refuses to
cooperate, you are free
to do nothing
Revised July 2013
If the victim engages in
the same conduct, you
cannot be liable
If It’s happening in
someone else’s
department, it’s not your
responsibility
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
What To Do If It Happens to You
Consider telling the offender
that you are uncomfortable,
and you want the behavior to
stop
Maintain a record of the
incident, the meeting and any
response to the request
Who?
What happened? Did it
happen more than once?
Where did the incident
occur?
When did the incident occur?
How?
Any witnesses?
Revised July 2013
You may bypass dialogue and
proceed directly to filing a
formal written complaint
Speak to or submit a
statement in writing to the
attention of your Manager or to
a Human Resources or
Employee Relations
representative
The Human Resources or
Employee Relations
representative will investigate
and decide on the appropriate
remedy
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Supervisor’s Response to a Complaint
Remain objective and neutral
Assure complainant that company does not condone
harassment and discrimination and will take appropriate
action
Inform Human Resources immediately
Refrain from discussing the matter
Assist in investigation and response if requested
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Tips
Put employee at ease
Take every issue
seriously
Make it private
Be considerate
Listen to the issue
Refer to Human
Resources
Refrain from discussing
Do not agree that you will
keep everything
confidential
Revised July 2013
Give the name and
phone number
Do not express an
opinion
Contact Human
Resources as a follow-up
Do not document in the
employee’s file
Assist if requested
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
HR’s Response To A Complaint
Interview accuser and
accused
Identify witnesses and
documents
Maintain confidentiality to
the extent possible
Take appropriate
corrective action
Take steps to prevent
retaliation
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Remedies
Make the employees
whole
Prevent misconduct
from recurring
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Employees Who Report Harassment
Losing Their Jobs
Bad Evaluations
Negative Job References
Being Labeled a “Troublemaker”
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Convergys Responsibilities
Take steps to stop the harassment and prevent
retaliation
Ensure that disciplinary measures should be proportional
to the seriousness of the offense
Correct harassment that is clearly unwelcome regardless
of whether a complaint is filed
Ensure that its supervisors and managers understand
their responsibilities
Keep records of harassment complaints
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Supervisor’s Responsibility
Participate in harassment
prevention training
Know the harassment
policy and complaint
procedures
Contribute to the
maintenance of a
harassment-free work
environment
Revised July 2013
Take a a visual and
auditory inspection of
workplace
Contact Human
Resources if you observe
behavior you believe is
harassing
Monitor workplace to
assure harassment has
stopped and no
retaliation
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
Finally . . .
Would you be acting
like this or saying this
if you knew someone
was watching?
Would you be acting
this way if your
significant other were
standing next to you?
Is the flirtation, joking,
or teasing you’re
engaged in worth a
six-figure lawsuit?
Revised July 2013
Convergys Confidential & Proprietary
Convergys Confidential and Proprietary
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