Workplace Harassment and Offensive Behavior Policy
This presentation by Kristi A. Hastings covers the importance of maintaining a harassment-free workplace, reporting procedures, disciplinary actions, policy application, and sexual harassment definitions and categories. It emphasizes the legal aspects and consequences of harassment and offensive behavior in the workplace.
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Presentation Transcript
Harassment and Offensive Behavior in the Workplace Kristi A. Hastings k.hastings@pemlaw.com E M P L O Y M E N T A N D L A B O R L AW AT T O R N E Y This presentation is meant to give you some basic information, and nothing in this presentation is intended to be relied upon as legal advice. If you have any questions, please contact your attorney or Pemberton Law.
Policy 413 Harassment and Violence SWWC maintains a learning and working environment that is free from harassment and violence on the basis of race, color, creed, religion, national origin, sex, age, marital status, familial status, status with regards to public assistance, sexual orientation including gender identity and expression, or disability.
Reporting - Discipline Immediately reporting harassment, offensive behavior, violence, or any other offensive conduct is every employee s responsibility! Conduct found to violate these policies may result in immediate disciplinary action, up to and including discharge.
Application Policy 413 applies to all students, teachers, administrators, employees and members of the Board of Education. The policy can also apply to contractors hired by the district.
Sexual Harassment The law defines sexual harassment as: o Unwelcome sexual advances; o Requests for sexual favors; o Sexually motivated physical contact; or o Other verbal or physical conduct or communication of a sexual nature. When submission to this type of conduct is made a term or condition of employment, the submission to, or rejection of, the conduct is used as a factor in an employment decision, or the conduct has the purpose or effect of substantially interfering with an individual's employment.
Sexual Harassment Categories o Quid pro quo o Hostile work environment "Substantially interferes" o Isolated remarks o Persistent and pervasive o Was it unwelcome? o Needs to be uninvited and offensive
Sexual Harassment Scenarios o "Girlie" calendars/screen savers o Magazines in the men's bathroom o Asking a co-worker on a date on one occasion o The executive secretary dress code o Flowers on the doorstep at co-worker's home, gifts, or lunches o Dirty jokes o Sexual innuendo o Compliments o Happy hour after work o Texting
Supervisor Subordinate Boundaries o Think not only about impropriety, but the appearance of impropriety. o Supervisors must be mindful of their inherent position of authority and influence over employees they supervise. o Supervisors (and all employees) must maintain boundaries, but also protect yourself. Have others involved Group texts/emails Keep your guard up
Harassment Policies apply to more than employees (Board, members, vendors, contractors, etc.) Please report any conduct, from anyone, that makes you or one of your co-workers uncomfortable
Sexual Violence Sexual violence is an act of aggression, force or threat of force that involves touching another person s intimate parts or forcing someone to touch another person s intimate parts. o Pinching o Patting o Grabbing
Violence Physical act of aggression or assault upon another because of their status in a protected class. This may also be a criminal violation that warrants a referral to law enforcement. o Assault o Hate crime laws
Reporting Procedures Reporting parties are encouraged to use a form developed for this purpose, but a verbal report can be made. Reports should be made to Human Resources. If a report is given to a supervisor, the supervisor must immediately provide it to Human Resources.
Investigation Reports will be investigated in a timely manner. Within 3 days, Human Resources will begin the process, or will bring in a third party to conduct the investigation. Personal interviews, fact gathering, reviewing of all available data will take place.
Outcome SWWC may issue discipline (oral, written, suspension without pay, demotion) or termination of employment depending on: o Past incidents o Nature of the behavior o Patterns o Relationships o Context
Retaliation & Reprisal SWWC will protect all reporters from retaliation or reprisal as a result of bringing forward a concern. Intimidation and disparate treatment are also prohibited.
Employee Interaction Employees must exercise good judgment and professionalism in all relationships and communication with their co-workers, especially with employees they supervise.
Fergus Falls 110 North Mill Street Fergus Falls, MN 56537 Phone: 218-736-5493 Wadena 7 Colfax Avenue Wadena, MN 56482 Phone: 218-631-1400 Detroit Lakes 903 Washington Ave Detroit Lakes, MN 56501 Phone: 218-847-4858 Alexandria 203 22nd Avenue West Alexandria, MN 56308 Phone: 320-759-3143
