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Workplace Harassment: What It Is and What To Do About It
Workplace Harassment:
What It Is and What To Do About It
Agenda: Day One8:30-8:45 Session One: Introduction and Course Overview
8:45-9:00 Icebreaker: Spinning a Tale
9:00-9:45 Session Two: Defining Harassment
9:45-10:00 Session Three: The Purpose of Training
10:00-10:15 Break
10:15-11:00 Session Four: Sexual Harassment
11:00-11:15 Session Five: Creating a Harassment Policy
11:15-11:45 Session Six: Other Prevention Strategies
11:45-12:00 Morning Wrap-Up
12:00-1:00 Lunch
1:00-1:15 Energizer: Secret Identity
1:15-2:15 Session Seven: Nipping it in the Bud
2:15-2:30 Break
2:30-2:45 Session Eight: Protecting Yourself
2:45-3:15 Session Nine: What if it Happens to Me?
3:15-3:30 Session Ten: What if it’s Happening to Someone Else
3:30-3:45 Session Eleven: Someone has Filed a Complaint Against Me!
3:45-4:00 Session Twelve: Addressing a Complaint
4:00-4:15 Session Thirteen: False Complaints
4:15-4:30 Day One Wrap-Up
Session One: Course Overview
• Understand what is/is not acceptable behavior in the workplace• Understand the benefits of harassment training• Be able to define the various types of harassment• Be able to assist in creating a harassment policy• Know some ways to prevent harassment and understand what
role you can play• Know some ways to protect yourself from harassment• Know what to do if you are harassed or accused of harassment• Understand the complaint process, from the complaint to the
reply, to mediation or investigation, to a solution• Be able to identify situations where mediation is appropriate,
and understand how mediation works in those situations• Identify appropriate solutions for a harassment incident• Know what to do if a complaint is false• Be able to help your workplace return to normal after a
harassment incident
Session Two: What is Harassment?
There are many types of harassment, including:
•Verbal: Where threatening words or phrases are spoken•Physical: Where someone is treated in a physically intimating manner•Sexual: Where inappropriate sexual advances are made•Visual: Where inappropriate material is visible•Gender: Demeaning behavior to another person based on that person’s gender
Session Two: What is Harassment?
Oxford Dictionary
1.To torment (someone) by subjecting them to constant interference or intimidation. 2.To make repeated small-scale attacks on (an enemy) in order to wear down resistance.
What would the reasonable man or reasonable woman define as unwelcome behavior?
Session Three: The Purpose of Training
• We all need some help with basic skills, especially since the legal aspect of harassment is changing constantly.
• Training can help prevent sexual harassment.• Training increases morale. • Training can reduce your liability if a complaint is
filed.• Employees, managers, and those involved in the
complaint resolution process should all receive different types of training geared towards the role that they will play.
Session Four: Sexual Harassment
In order for behavior to be considered sexual harassment, it must contain three elements.1.It is of a sexual nature.2.It is unwelcome.3.It has detrimental consequences.
There are two types of sexual harassment.1.Quid Pro Quo2.Hostile Environment
Session Four: Sexual Harassment
Behavior Categories
1.Sexual teasing, remarks, jokes, or questions2.Pressure for dates3.Letters, e-mail, telephone calls, or materials of a sexual nature4.Sexual looks or gestures5.Deliberate touching, leaning over, cornering, or pinching6.Pressure for sexual favors7.Actual/attempted sexual assault or rape
Session Four: Sexual Harassment
Questions and Answers
• S/he laughed at my joke. Doesn’t that mean that it was welcome?
• It happened on a business trip, so it doesn’t count.• It was just a compliment.• It only happened once.• The comments were directed at someone else.• Sexual harassment is all about sex, and sex didn’t
happen.• This is the way I’ve grown up; you can’t expect me to
change.
Session Five: Creating a Harassment Policy
Writing the Policy
•The rules•Specific behaviors, examples, and circumstances•Safe from reprisal•The consequences•A complainant’s rights
Session Five: Creating a Harassment Policy
The Complaint Procedure
•Who is responsible for each stage of the complaint process? •Who are the sexual harassment advisors in the company? •What information needs to be included in the complaint?
Session Six: Other Prevention Strategies
Some ways to prevent harassment:
•Training•Written policy•Conduct exit interviews•Conduct surveys•Assess your results
Session Seven: Nipping it in the Bud
• One of the most important prevention strategies is for managers to carefully monitor their workplace.
• Look at who is interacting with whom. • Keep an eye on your employees’ mental and
physical well-being and attendance records. • If you sense that something isn’t right with one of
your employees, ask them about it. • Keep an ear to the ground.• As a manager, it’s perfectly within your right to
address situations that could develop into harassment.
Session Seven: Nipping it in the Bud
Role Plays for Pairs•A team member has a habit of yelling at his/her co-workers.•A team member often touches his/her co-workers when speaking.•The manager is interested in a team member.•A team member is interested in their manager.•A team member often wears provocative clothing.•A team member has a Playboy calendar in his/her cubicle.•You think a team member has made a decision based on gender.
Session Seven: Nipping it in the Bud
Role Plays for Trios•Two people are becoming interested in each other. The manager needs to address the issue.•Two team members have broken up but still have to work together. The manager needs to develop a plan to address the issue.•Person A is interested in Person B, but Person B isn’t interested and has asked their manager to relay the message.•Person A is interested in Person B, but Person B isn’t interested. Person A won’t leave Person B alone, so Person B has asked their manager to intervene.
Session Eight: Protecting Yourself
• Stay professional in the office.• Identify your fantasies.• Take care of yourself.• Learn to recognize what is unwelcome and
inappropriate.• Have common sense.• Apologize.
Session Nine: What if it Happens to Me?
Strategies that don’t work:
•Ignore or avoid the harasser•Try to appease the harasser•Comply with the aggressor •Aggression
Session Nine: What if it Happens to Me?
Strategies that do work:
•Give verbal notice•Give stronger warnings and notice that you will report the harasser•Issue written warnings. Keep a record.•Make an informal harassment inquiry•Make a formal complaint in the organization•Make a formal complaint with the government•Go to court
Session Nine: What if it Happens to Me?
There are three steps to a good NO.
1.Stay calm. Keep your hands at your sides.2.Speak firmly but at a normal volume.3.Say No. If possible, add the behavior you want them to stop, but do not add feelings, justification, or padding.
Session Ten: What if it’s Happening to Someone Else?
• If a manager knows or thinks that harassment is occurring, they are obligated to face it.
• If the harassment has become known to the manager through gossip or some second hand means, the manager should speak to the alleged victim.
• If the manager has some sort of evidence that harassment may be taking place, then s/he
• should initiate a formal complaint. • Remember, it is always best to err on the side of
caution. Turning a blind eye to a potential harassment problem can open your company up to lawsuits.
Session Eleven: Someone has Filed a Complaint Against Me!
If you are in the situation where someone has filed a complaint against you, do not panic. There are several steps that you can take to deal with the situation appropriately. •Get a lawyer.•True or false?•Do not contact your accuser.•Use the opportunities given to you.•Get psychological support.
Session Twelve: Addressing a Complaint
Most harassment lawsuits result from complainants feeling that their complaint was addressed improperly or unfairly, so it is important that the complaint be dealt with appropriately from the very beginning.
•Act quickly.•Act fairly.•Set the wheels in motion.•Thank the complainant.
Session Thirteen: False Complaints
• A false complaint is one that is made specifically to harm the respondent.
• At the investigation stage, the investigator should be made aware that this is potentially a false claim.
• Then, s/he can perform a preliminary inquiry and present evidence to the decision maker, so that a decision can be made whether the complaint appears legitimate or not.
• It is also recommended that the decision maker and/or investigator consult a lawyer.
Session Thirteen: False Complaints
• You must be very, very careful and very, very sure when determining that a complaint is false.
• If the complaint is indeed false, roles are reversed. • The complainant will have the same action against
him/her as if s/he were the harasser. • The respondent may be entitled to some of the
same compensation as a harassment victim would be: an apology or even damages.
Agenda: Day Two
8:30-8:45 Icebreaker: Common Ground
8:45-10:30 Session Fourteen: Mediation
10:30-10:45 Break
10:45-11:15 Session Fifteen: Investigating a Complaint
11:15-11:30 Session Sixteen: Making the Decision
11:30-11:45 Session Seventeen: Solutions
11:45-12:00 Session Eighteen: After It’s Over
12:00-1:00 Lunch
1:00-1:15 Energizer: Vegetable Garden
1:15-4:15 Session Nineteen: Role Play
4:15-4:30 Workshop Wrap-Up
Session Fourteen: Mediation
• What is mediation?• What are its advantages and
disadvantages?• When should mediation be used?• When should mediation not be used?• Who should be involved?
Session Fourteen: Mediation
Session Fourteen: Mediation
The Mediation Process
1.Preparation2.The Meeting3.Resolution
During the meeting, the various participants may make notes. These should be destroyed once the meeting is over, whether or not a resolution is reached. This is crucial to maintain confidentiality.
Session Fifteen: Investigating a Complaint
When to InvestigateThere are several situations when it is acceptable to choose not to proceed with a full investigation.•If a complaint is filed years after the events, as evidence will be very hard to come by and the respondent will have a difficult time making a defense. •If a complaint (even if it were true) is not harassment.•A complaint that has been clearly made to embarrass, annoy, or cause difficulty for the respondent.
Session Fifteen: Investigating a Complaint
An investigator should have these qualities:CompetentFair-mindedReputation for integrityAttention to detailCapable of documenting facts and preparing reportsGood interviewing skillsThorough knowledge of harassment issues, procedures, and laws (specialized training may be required)Familiar with organization’s policies and procedures
Session Fifteen: Investigating a Complaint
The Investigation Plan
Background of the casePositions of the partiesIssues of the caseEvidence that needs to be obtainedPeople that need to be interviewedPlaces that need to be visited
Session Fifteen: Investigating a Complaint
During the investigation, the investigator will:• Interview witnesses• Collect documents• Visit locations
• Anyone who is interviewed during the process has the right to have someone accompany them during the interview.
• There will be no consequences for filing a complaint (as long as the complaint is true) or for being part of the complaint process.
Session Fifteen: Investigating a Complaint
After the investigation, the investigator will prepare a report that will:
• Help the decision maker reach a solution• Provide a description of the nature and significance
of the evidence to help the parties understand the outcome
• Provide evidence of how the organization handled the complaint
Session Fifteen: Investigating a Complaint
The decision maker needs to find a resolution to the complaint and needs to decide:
• Who should see the investigator’s report?• What information should be shared?• Who should share this information with the parties?
Session Sixteen: Making the Decision
The decision maker should be:•In a senior position with recognized authority (so that employees see this decision as one made by the organization)•Knowledgeable about harassment issues and policy within the company•Demonstrably dedicated to preventing and eliminating harassment
Session Sixteen: Making the Decision
It is never a bad idea to obtain legal advice when making a decision about a harassment complaint. However, you definitely must seek legal counsel if:•You are considering significant disciplinary action, such as demotion or termination•The complaint has been escalated to a government agency or the police•Personal safety may be an issue•A monetary settlement is being contemplated•Allegations are complex or controversial
Session Seventeen: Solutions
The resolution must consider:•The complainant•The respondent•The organization
Session Eighteen: After It’s Over
• Once the harassment complaint has been resolved, everyone should try to get back to normal life.
• The managers of the complainant and the respondent should keep an eye on them to make sure they’re OK.
• The organization needs to decide what information about the process will be shared with staff.
• A file should be maintained with all documents related to the complaint.
• If the investigative report concluded that harassment had taken place, the events need to be reflected in the respondent’s personnel file, as well as the action that was taken as a result of the claim.
Session Nineteen: Role Play
So far, we have talked about the various things that happen after harassment occurs. For this afternoon, we are going to play out that process. It will consist of four stages:
1.The initial consultation with an advisor2.The filing of a formal complaint3.An investigation4.The decision
