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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 DepartmentHarassment 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:

  • 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:

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.

Objectivesp. 7


  • 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.

Are we protected from harassing behaviors & activities?

Federal laws & EEOC regulations

State laws

& regulations

County policies and procedures

Health Services employees are protected under:

P. 9

Health Services employees are protected by:

p. 10

County policies and procedures

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 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

  • 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:

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

All Sexual Orientations

  • Heterosexual,

  • Homosexual (lesbian, gay),

  • Transgender &

  • Bi-sexual

  • Protections embedded in state law

p. 10

Health Services employees are also protected by:

State laws



p. 11

Fair Employment & Housing Act

  • California state legislation providing protection in our workplace

    See protections listed on page 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 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 youP. 12

  • To clearly state when behaviors are unwelcome.

  • Request that your harasser stop,

  • Supervisor to ensure the behaviors are stopped.

Health Services employees are also protected by:

Federal laws & EEOC regulations

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)

  • 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?

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

Genetic Info

p. 15








Medical Condition



Policies, MOU’sProcedures






& Specs.

National Origin


Religion & Creed


Denial FMLA (if eligible)



State & County



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

1.Quid Pro Quo – Sexual Harassment

2.Hostile Environment Harassment

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

  • Not receiving:

  • Employment or contract work

  • Promotion

  • Bonus (merit) payments

p. 18

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

  • 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 .


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

Hostile Environment Harassment

Unwelcome conduct creating an uncomfortable work environment for some employees.

p. 21

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 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

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 Harassment


  • Sexually explicit talk or emails,

  • Sexually provocative images,

  • Comments on physicalattributes or

  • Unwelcome - inappropriate touching.

p. 22

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

    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

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

    p. 23

    Harassment You Decide

    Discussion p. 25 & 26

    El Hakem v. BJY Electronics


    p. 26

    el Hakem



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

    • = $60,000 in Title VII violations

    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.




    Unwelcome Behavior

    p. 27

    Unwelcome behavior is:

    • Not Welcome

    • Not Solicited, and

    • Not Wanted

      By the offended person

    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

    Steps to take if you believe you are being harassed:

    p. 29

    Employees who object to unwelcome behavior should:

    • Tell the person to stop:

      • Either in person, or

      • In writing



    Employees who object to unwelcome behavior should:

    1.Report the situation to their supervisor or

    2.Their supervisor’s supervisor,


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

    As soon as possible

    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.


    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?

    Written complaints can also be sent to the:

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


    • Federal Government’s Equal Employment Opportunity Commission

      Within 180 - 300 days of incident


    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

    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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