Health services department harassment prevention training
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Health Services Department Harassment Prevention Training. Concerning Sexual and Other Types of Harassment. What is Harassment? Write your ideas See p. 5. Harassment Is…. Page 5. Employment discrimination, and becomes evident when:

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Health Services Department Harassment Prevention Training

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Health services department harassment prevention training

Health Services DepartmentHarassment Prevention Training

Concerning Sexual and Other Types of Harassment


What is harassment write your ideas see p 5

What is Harassment?Write your ideas See p. 5


Harassment is

Harassment Is…

Page 5

.

  • Employment discrimination, and becomes evident when:

  • the conduct has unreasonably interfered with another employee’s job performance through violation of their

    ‘protected’ rights.

  • Harassment is unwelcome conduct that violates an individual’s protected rights in the workplace.


Lack of respect unacceptable

Lack of Respect - unacceptable:

p. 6 - bottom

  • …harassment and discrimination of any kind indicates lack of respect towards anyone with whom we come in contact during the course of our employment activities.

  • This behavior is unacceptablein our work environment.


Objectives p 7

Objectivesp. 7

Understand:

  • County policies, State and Federal laws concerning workplace harassment;

  • Our protected rights in the workplace;

  • Your responsibilities to prevent harassment and discrimination;

  • Steps to take if you believe you are being harassed and/or discriminated against.


Health services department harassment prevention training

Are we protected from harassing behaviors & activities?


Health services department harassment prevention training

Federal laws & EEOC regulations

State laws

& regulations

County policies and procedures

Health Services employees are protected under:

P. 9


Health services department harassment prevention training

Health Services employees are protected by:

p. 10

County policies and procedures


County anti harassment policies p 10

County Anti Harassment Policiesp. 10

  • County employees are entitled to and will be provided with, a workplace environment which is free from harassment.

  • Ref: Notice of County Non-Discrimination and Anti-Harassment Policies


County anti harassment policies p 101

County Anti Harassment Policiesp. 10

  • All employees are individually responsible for conducting themselves in ways that others are able to work in an atmosphere free of discrimination, harassment or intimidation.

  • Ref: Notice of County Non-Discrimination and Anti-Harassment Policies


Contra costa county and the health services department is committed to

Contra Costa County and the Health Services Department is committed to

  • Maintaininga work, service and program environment free of discrimination, harassment or intimidation.

  • Ensuring county employees promote a positive work environment.

  • Ref: Notice of County Non-Discrimination and Anti-Harassment Policies

p. 10


You have the right to work in an environment that is

You have the right to work in an environment that is:

Free of Retaliation for:

  • Reporting discrimination or harassment, and/or

  • Participating in an investigation of a discrimination claim.

    Ref: County Non-Discrimination and Anti-Harassment Policies/ State of California

p. 10

Ref: Burlington Northern Santa Fe Railway v. White, 05-259


The county policy includes protection for

The County policy includes protection for

All Sexual Orientations

  • Heterosexual,

  • Homosexual (lesbian, gay),

  • Transgender &

  • Bi-sexual

  • Protections embedded in state law

p. 10


Health services department harassment prevention training

Health Services employees are also protected by:

State laws

&

regulations

p. 11


Fair employment housing act

Fair Employment & Housing Act

  • California state legislation providing protection in our workplace

    See protections listed on page 11


California fair employment and housing act p 11

California Fair Employment and Housing Actp.11

Defines harassment because of sex as:

  • Sexual harassment, or

  • Genderbasedharassment, or

  • Harassment based on pregnancy, childbirth, or related medical conditions.


California fair employment and housing regulations p 12

California Fair Employment and Housing Regulationsp. 12

Define sexual harassment as:

  • Unwanted sexual advances,

    • Visual conduct: displaying sexually suggestive objects,

    • Verbal sexualadvances

    • Verbalabuseof a sexual nature

    • Physical conduct– touching, blocking

    • Making…retaliatory action after negative response to sexual advances.


It is up to you p 12

It is up to youP. 12

  • To clearly state when behaviors are unwelcome.

  • Request that your harasser stop,

  • Supervisor to ensure the behaviors are stopped.


Health services department harassment prevention training

Health Services employees are also protected by:

Federal laws & EEOC regulations

p. 13


Federal civil rights act of 1964 title vii p 13

Federal Civil Rights Act of 1964 Title VIIp. 13

Prohibits employment discrimination due to an employee’s protected class of:

Race, Color, Religion, Sex, National Origin, Age (40+), Disability or Genetic Information


The genetic information nondiscrimination act of 2008 gina

The Genetic Information Nondiscrimination Act of 2008 (GINA)

  • Not legal to discriminate against employees or applicants because of genetic information.

  • Genetic information includes information about individual's (or family member’s) genetic tests about any disease, disorder or condition.

Effective: November 21, 2009.


How does it all fit together

How does it all fit together?


Health services department harassment prevention training

Work Environment - Key Federal, California, & County Harassment/ Discrimination Protections

Genetic Info

p. 15

Sex

Age

Sexual

Orientation

Standards

Of

Practice

Medical Condition

Color

Ancestry

Policies, MOU’sProcedures

&

Laws

MaritalStatus

Job

Description

& Specs.

National Origin

Disability

Religion & Creed

Gender

Denial FMLA (if eligible)

Religion

Patient/Client

State & County

Race

Federal


Eeoc guidelines for title vii

EEOC Guidelines for Title VII

p. 17

Harassment is any practice that targets an individual’s protected rights and:

  • Negatively affects his/her work performance, or

  • Undermines his/her sense of personal dignity.

  • Affects their continued employment status


Two types of workplace harassment

Two types of workplace harassment

1.Quid Pro Quo – Sexual Harassment

2.Hostile Environment Harassment


Quid pro quo p 18

Quid Pro Quop. 18

  • Latin term meaning ‘an exchange’.

  • In the workplace the exchange is between employees…

  • Individual suffers a job detriment for refusing …a sexual advance


Job detriments include

Job Detriments include

  • Not receiving:

  • Employment or contract work

  • Promotion

  • Bonus (merit) payments

p. 18


Job detriments also include

Job Detriments also include

p. 18

  • Being reassigned with significant changes in status;

  • A decision causing significant changes in benefits.

    Because of refusing sexual advances.

Discuss: Burlington Northern Santa Fe Railway v. White, 05-259


Who harasses whom p 19

Who Harasses Whom?P. 19

  • Sexual harassment may occur in a varietyof circumstances:

  • From a person in ‘power’ … a supervisor

  • Peer to peer harassment,

  • Subordinate harassment of a supervisor,

  • Men can be sexually harassed by women,

  • Same sex harassment .

    Conclusion:

  • Offenders can be supervisors, co-workers, or non-employees.


Hostile environment harassment

Hostile Environment Harassment

Unwelcome conduct creating an uncomfortable work environment for some employees.

p. 21


Unwelcome behavior identifier

Unwelcome Behavior Identifier

p. 21

  • Unwelcome Behavior identifiers:

  • Would a member of a protectedclass consider the harassment hostile & offensive?

Factors considered:

1. Frequency &

2. Severity of the harassing conduct


Unwelcome behavior identifier1

Unwelcome Behavior Identifier

p. 21

  • 3. Whether harassing conduct is:

  • Physically threatening or humiliating.

  • Unwelcome

  • Unreasonably interfereswith an employee’s work performance or alters other condition of employment


Unwelcome behavior explained

Unwelcome Behavior Explained

p. 22

Hostile environment harassment may be directed specifically at an employee, a group of employees;

Or - Witnesses

An employee(s) …may be subjected to harassment due to witnessingit


Hostile environment harassment1

Hostile Environment Harassment

Includes:

  • Sexually explicit talk or emails,

  • Sexually provocative images,

  • Comments on physicalattributes or

  • Unwelcome - inappropriate touching.

p. 22


Workplace harassment includes

Workplace Harassment includes

p. 22

  • Posting material that belittles, shows hostility because of protected characteristics on Health Services’ or County premises,

  • or

  • Circulating this type of material in the workplace by oral, written, electronic or graphic means.


  • Reasonable person standard

    Reasonable Person Standard

    p. 23

    • ‘the harassment must be so severe or pervasive that it creates an abusive work environment that a reasonable victim ( someone in a protected class) would also find the environment to be abusive.’


    How to determine if it is harassment

    How to determine if it is Harassment

    • Investigators look at the entire record: including the nature of the conduct, and the context in which the alleged incidents occurred.

    p. 23


    Health services department harassment prevention training

    Harassment You Decide

    Discussion p. 25 & 26


    El hakem v bjy electronics

    El Hakem v. BJY Electronics

    Mamdouh

    p. 26

    el Hakem

    Manny

    Hank

    • Unsolicited nick name violated protected rights of race & national origin

    • = $60,000 in Title VII violations


    Intent vs impact p 27

    Intent vs. Impactp. 27

    • Value skills & talents of team

    • Imagine how other people feel

    • Thinkbefore acting or joking

    • ‘I didn’t mean anything by it’ is not a valid defense of harassing behavior.

    V

    I

    T


    Unwelcome behavior

    Unwelcome Behavior

    p. 27

    Unwelcome behavior is:

    • Not Welcome

    • Not Solicited, and

    • Not Wanted

      By the offended person


    Our clients patients suppliers

    Our Clients/Patients/Suppliers

    Employees who deal directly with patients, the public or with personnel from other organizations:

    • Must always ensure that their own behavior is acceptable.

    • Are strongly encouraged to report incidents of unwelcome behavior by others.

    p. 28


    Health services department harassment prevention training

    Steps to take if you believe you are being harassed:

    p. 29


    Employees who object to unwelcome behavior should

    Employees who object to unwelcome behavior should:

    • Tell the person to stop:

      • Either in person, or

      • In writing

        Immediately

        And


    Employees who object to unwelcome behavior should1

    Employees who object to unwelcome behavior should:

    1.Report the situation to their supervisor or

    2.Their supervisor’s supervisor,

    And

    3.Call Health Services Personnel at: (925) 957 - 5240

    As soon as possible


    Complaint processes

    Complaint Processes

    • Complaint must be in writing and describe the behavior(s) and the person(s) involved.

    See Toolkit in Appendix pp. 48 - 49 for :

    • Key questions to help get organized, and the

    • Health Services complaint form.


    Health services department harassment prevention training

    .

    Can the employee appeal the HSD results?

    Yes - to the:

    • County Affirmative Action Office

    • The Merit Board

    • Union can support members at any stage

    p. 30


    What happens if they cannot resolve complaint within the county

    What happens if they cannot resolve complaint within the County?

    Written complaints can also be sent to the:

    • California Department of Fair Employment & Housing,within 1 year

      and/or

    • Federal Government’s Equal Employment Opportunity Commission

      Within 180 - 300 days of incident


    Health services department harassment prevention training

    Conclusion


    Its all a matter of respect

    Its All A Matter of Respect

    Rarely will a person harass or discriminate against someone they value…

    either accidentally or deliberately.

    p. 32


    Demonstrating consideration and respect

    Demonstrating consideration and respect

    Towards all those with whom we come in contact …

    Will create and maintain an environment that does not accept sexual and other types of workplace discrimination or harassment.


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