Department of human resource management
Download
1 / 35

Department of Human Resource Management - PowerPoint PPT Presentation


  • 87 Views
  • Updated On :

Department of Human Resource Management. Employee Guide to Unlawful Harassment Prevention. Table of Contents. Introduction Legal & Liability Unlawful Harassment Policy R477-15 Terms and Concepts Unlawful Harassment Categories Protected Classes

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Department of Human Resource Management' - terryal


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Department of human resource management l.jpg
Department of Human Resource Management

Employee Guide to

Unlawful Harassment Prevention


Table of contents l.jpg
Table of Contents

  • Introduction

  • Legal & Liability

  • Unlawful Harassment Policy R477-15

  • Terms and Concepts

  • Unlawful Harassment Categories

  • Protected Classes

  • Adherence to Established Law, Rules & Standards


Table of contents continued l.jpg
Table of ContentsContinued

  • How to tell if you are stepping over the line

  • Right to be free from Harassment

  • Reporting

  • Who to Call

  • Investigations


Introduction l.jpg
Introduction

  • Unlawful harassment is discriminatory conduct based on an individual’s protected class

  • And has the purpose or effect of unreasonably interfering with an individual’s work performance or

  • Creating an intimidating, hostile, or offensive work environment


Introduction continued l.jpg
Introduction (Continued)

  • Unlawful harassment will not be tolerated in state government.

  • Upon completion of this training you should understand:

  • Federal and state laws/policies that prohibit unlawful harassment.

  • What constitutes “unlawful Harassment”.

  • Your responsibility in preventing/reporting such behavior.

  • How to file a complaint without fear of retaliation.



Title vii 1964 civil rights act l.jpg
Title VII, 1964 Civil Rights Act

This law prohibits employment discrimination based on:

  • Race

  • Color

  • Religion

  • Sex

  • National Origin


Americans with disabilities act l.jpg
Americans with Disabilities Act

  • Prohibits discrimination on the basis of disability in all employment practices

  • Employer must make accommodation to known disability of qualified applicant or employee unless it imposes undue hardship


Age discrimination in employment act of 1967 adea l.jpg
Age Discrimination in Employment Act of 1967 (ADEA)

Protects employees or applicants 40 years of age or older:

  • Cannot discriminate based on age with respect to any term, condition or privilege of employment

  • No age preferences, limitations or specifications in job notice unless required by law


Civil rights act of 1991 l.jpg
Civil Rights Act of 1991

Granted litigants broader remedies and privileges through litigation:

  • Right to jury trial

  • Punitive & compensatory damages


Utah law l.jpg
Utah Law

  • Utah Anti-Discrimination Act

  • Utah Anti-Discrimination and Labor Division (UALD)

  • Complaints can be filed with either UALD or EEOC


Governor s executive order 2006 l.jpg
Governor’s Executive Order (2006)

  • Mandates the establishment of the DHRM rules and policies, and the content and attendance requirements for harassment prevention and awareness training.


Dhrm rule r477 15 unlawful harassment policy and procedure l.jpg
DHRM Rule R477-15 -- Unlawful Harassment Policy and Procedure

  • Purpose

  • Policy

  • Retaliation

  • Complaint Procedure

  • Investigative Procedure

  • Records

  • Training


Terms concepts l.jpg
Terms & Concepts Procedure

  • Unlawful Harassment

  • Protected Activity

  • Protected Classes

  • Tangible Employment Action

  • Discrimination

  • Retaliation

  • BIAS & ISM’S--Attitudes

  • Gender Bias – Age Bias – Religious Bias – Racism – Sexism


Categories of unlawful harassment l.jpg
Categories of Unlawful Harassment Procedure

  • Tangible Employment Action

  • Hostile Work Environment

  • Third-Party Unlawful Harassment


Protected classes l.jpg
Protected Classes Procedure

  • Disability Discrimination

  • National Origin Discrimination

  • Race and Color Discrimination

  • Religious Discrimination

  • Age Discrimination in Employment Act

  • Gender/Sex Discrimination


Established law rules standards l.jpg
Established Law, Rules & Standards Procedure

  • All state employees are required to adhere to the applicable principles of fairness, equality, integrity, consistency and merit principles in the application of the State’s Rules.


Do s don ts of behavior l.jpg
Do’s & Don’ts of Behavior Procedure

  • Unlawful harassing behavior can range from pressuring a co-worker or associate for a date, making inappropriate comments or telling inappropriate jokes, to an actual or attempted rape or sexual assault, etc.


Potential unlawful harassing verbal behavior l.jpg
Potential Unlawful Harassing Verbal Behavior Procedure

  • Referring to an adult as girl, hunk, doll, babe, honey

  • Whistling, cat calls, making sexual comments about a person’s body

  • Telling offensive jokes involving protected classes

  • Asking personal questions

  • Making fun of someone’s religion

  • Making comments about someone’s age

  • Telling lies, spreading rumors


Potential unlawful harassing visual physical behavior l.jpg
Potential Unlawful Harassing Visual/Physical Behavior Procedure

  • Making fun or mimicking a protected class

  • Giving inappropriate “personal” gifts

  • Displaying offensive materials about a protected class

  • Giving a massage

  • Hanging around uninvited or stalking

  • Intentionally brushing against someone

  • Hugging, kissing, patting, stroking



Intent vs impact l.jpg
INTENT Procedure VS. IMPACT


Intent vs impact23 l.jpg
Intent vs. Impact Procedure

  • Is my intent the same as the impact?

  • Is my behavior welcome?


Right to be free from unlawful harassing behavior l.jpg
Right to be free from Unlawful Harassing Behavior Procedure

  • You have the right to be free of unlawful harassment in the workplace. At the same time, you have a responsibility to report it if it occurs.


Reporting l.jpg
Reporting Procedure

Do

  • Be assertive

  • Provide a clear and emphatic objection every time the unwelcome conduct happens

  • Keep documentation

  • Identify a witness

  • Continue to report to work

  • Make an official complaint if the behavior does not stop!!!


Reporting26 l.jpg
Reporting Procedure

  • OR you may want to:

    Write a letter to the harasser and include:

  • A description of unwelcome behavior

  • Time the behavior occurred

  • Fact that you want it stopped

  • Warning that if it does not stop, you will take further action

  • Your signature and date


Reporting27 l.jpg
Reporting Procedure

Don’ts

  • Don’t attempt to retaliate

  • Don’t make yourself guilty of insubordination

  • Don’t socially or emotionally isolate yourself


Who to call l.jpg
Who to Call Procedure

If you feel you are being subjected to unlawful harassment you should:

  • Report it to any Supervisor, Manager or Director

  • DHRM

  • UALD, Labor Commission

  • EEOC (Federal)


Investigations l.jpg
Investigations Procedure

  • Preliminary review

    Upon receiving an allegation/complaint, management shall consult with HR and conduct a review. Supervisor will interview the complainant and the alleged harasser only. The name of the complainant should be kept confidential.


Investigations continued l.jpg
Investigations Procedure (Continued)

  • Formal: Shall be conducted under the direction of HR. A team of trained professionals will be appointed. Complaints are automatically considered formal when any of the following is present:

  • Touching

  • Behavior which “shocks” the public conscience

  • Existence of witnesses or other parties

  • Employee is represented by another party


Formal investigations continued l.jpg
Formal Investigations Procedure Continued

  • Complainant has special expectations

  • There is financial liability or lawsuit potential

  • Unwelcome behavior is long-term or repeat of previous violations

  • Special status of parties involved (e.g., clients, supervisors)

  • Parties from multiple departments


Formal investigations continued32 l.jpg
Formal Investigations Procedure Continued

  • Involves juveniles, clients, or board members

  • Allegations of reprisal or retaliation for filing claim has been made

  • Reason to believe a false claim has been filed


Confidentiality l.jpg
Confidentiality Procedure

  • Confidentiality shall be maintained at all times. The integrity of any investigation depends on strict adherence to the rules regarding protected information by all parties involved. Information is shared only as necessary for legitimate business reasons.


Retaliation l.jpg
Retaliation Procedure

DHRM Rules prohibit Retaliation. Employees need to know that they have protection against retaliation for exercising their right to complain or for testifying or assisting in an investigation hearing.


Records l.jpg
Records Procedure

  • Records established as a result of an investigation are not to be retained in employee personnel file. However, if a disciplinary action is taken as a result of the investigation, the discipline will become part of the employee’s file.