Welcome to The Salvation Army, Western Territory Sexual Harassment Prevention Training for 2007 The California Legislature requires under AB1825 that all California corporations with 50 or more employees train their California Supervisors and other employees who can “influence employment decisions” on Sexual Harassment Prevention every two years. However, all Supervisors throughout our company can benefit from this course. By the end of this module, you should be able to: Identify behavior that might be considered sexual harassment. Explain the legal and other consequences of sexual harassment. Describe the Supervisor’s role and responsibility in creating an environment free of all forms of harassment, including sexual harassment. Explain what actions to take when confronted with possible sexual harassment. Explain The Salvation Army, Western Territory’s Anti-Harassment Policy, and the procedures you should follow as a supervisor and employee.
Before you begin the training, please review the Anti-Harassment Policy and Complaint Procedure found in the Employee Handbook on pages 66-70, and included here for reference. “Sexual harassment and other forms of harassment/retaliation (are) tied to such employee characteristics as age, religion, gender, marital status, race, nation of origin, disability, sexual orientation, status as a veteran, or status in any group protected by federal, state or local law.All employees have a responsibility to report harassment/retaliation of any type totheir supervisors. Should an incident involve a supervisor, immediate contact should be made with the next level of command. Strict confidentiality will be maintained regarding any such report and its subsequent investigation. Our anti-harassment policy applies not only to staff of The Army but to its clients, customers and vendors, etc.” Please note this policy pertains to all forms of harassment, including sexual harassment, discrimination, and retaliation, as follows: (Employee Handbook, page 58)
The Western TerritoryAnti-Harassment Policy The Salvation Army strictly prohibits its personnel from engaging in unlawful acts of harassment. It applies to such behavior a zero tolerance policy so as to protect, and show respect for the rights of others that arise under federal, state or local law. The policy also bars personnel from retaliation against another because he or she has filed a legitimate complaint or assisted in the investigation of a complaint. The policy puts on notice those whom The Salvation Army serves and those with whom it does business that harassment and retaliation are not tolerated. Violation of the policy subjects personnel to a range of potential administrative actions, up to and including termination. • With respect to sexual harassment, The Army prohibits the following: • i) Unwelcome sexual advances; Request for sexual favors; All other verbal or physical conduct of a sexual or otherwise offensive nature, especially where: • submission to such conduct is made either explicitly or implicitly a term or condition of employment; • submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment; • such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment. • ii)Offensive comments, jokes, innuendos and other sexually-oriented statements. Examples of the types of conduct expressly prohibited by this policy include but are not limited to the following: • Touching, such as rubbing or massaging someone’s neck or shoulders, stroking someone’s hair, or brushing against another’s body; • Sexually suggestive touching • Grabbing, groping, kissing, fondling • Violating someone’s “personal space” • Offensive whistling • Lewd, off-color, sexually-oriented comments or jokes • Foul or obscene language • Leering, staring, stalking • Suggestive or sexually-explicit posters, calendars, photographs, graffiti, cartoons • Unwanted or offensive letters or poems • Sitting or gesturing sexually • Offensive e-mail or voicemail messages • Sexually-oriented or explicit remarks, including written or oral references to sexual conduct, gossip regarding one’s sex life, body, sexual activities, deficiencies, or prowess • Questions about one’s sex life or experiences • Repeated requests for dates • Sexual favors in return for employment rewards, or threats if sexual favors are not provided • Sexual assault or rape • Any other conduct or behavior deemed inappropriate by The Army.
Complaint Procedures The Western TerritoryAnti-Harassment Policy, contd. iii) Anyone in a supervisory capacity who has or suggests an affair with a subordinate should realize that the nature of the relationship raises questions about the voluntary nature of the subordinate’s conduct, notwithstanding appearances. A supervisor/subordinate affair is susceptible to charges of sexual harassment, or creating a hostile work environment, and is, thus, subject to the full range of discipline up to and including termination. • Each member of management is responsible for creating an atmosphere free of discrimination and harassment, sexual or otherwise. Further, employees are responsible for respecting the rights of their co-workers. • If you experience any job-related harassment based on your sex, race, national origin, disability, or another factor, or believe that you have been treated in an unlawful, discriminatory manner, promptly report the incident to your supervisor, department or division head or Command Human Resources Director. This policy applies to all incidents of alleged harassment, including those which occur off premises, or off hours, where the alleged offender is a supervisor, co-worker, an Army vendor or a customer with whom the employee has contact because of his/her job. • Should the alleged harassment occur after your normal working hours, your complaint should be filed as early as possible on the first business day following the alleged incident. • Please understand that The Army takes complaints of discrimination and harassment very seriously. Should a complaint involve one’s supervisor or department head, the usual chain of command may be by-passed and you may file your complaint directly with your Command Human Resources Department. The Command Director of Human Resources will undertake an investigation of your complaint. Your complaint will be kept confidential to the maximum extent possible. • If The Army determines that an employee is guilty of harassing another individual, appropriate disciplinary action will be taken against the offending employee, up to and including an unpaid suspension or termination of employment. Paid suspensions may also be authorized, if needed, during the investigation of a harassment complaint.
The Western TerritoryAnti-Harassment Policy, contd. Whistle Blower Protection Employees should report to Administration immediately any knowledge they may have regarding illegal workplace activities or health and safety issues. If one’s supervisor is directly involved in the problem, or has not been responsive to the concerns raised, the employee is free to notify their Command HR Department or other members of Administration regarding their concerns. Any form of retaliation against an employee for making a good faith report of such activities is strictly forbidden. Likewise, employees are protected from retaliation for accurately reporting such workplace problems to government agencies or for cooperating in any government investigation of workplace activities. The Army prohibits any form of retaliation against any employee for filing a bona fide complaint under this policy or for assisting in a complaint investigation. However, if, after investigating any complaint of harassment or unlawful discrimination, Administration determines that the complaint is frivolous or was not made in good faith or that an employee has provided false Information regarding the complaint, disciplinary action may be taken against the individual who filed the complaint or who gave the false information. For anyone not satisfied with The Army’s internal procedures for resolving a complaint, contact may be made with the Equal Employment Opportunity Commission. Their website is http://www.eeoc.gov Once on the website, scroll down to the section “How to file a Claim” and proceed with the steps outlined. (Anti-Harassment Policy in the Employee Handbook, pgs 66-70)
Anti-Harassment and Anti-Discrimination is consistent with our Mission: The Salvation Army, an international movement, is an evangelical part of the universal Christian Church. Its message is based on the Bible. Its ministry is motivated by love for God. Its mission is to preach the gospel of Jesus Christ and meet human needs in His name without discrimination. It affects our reputation and our “bottom line” (EPLI insurance doesn’t cover punitive damages or civil penalties).
Most Common Claims & Lawsuits • Harassment on the basis of any protected category • Sexual Harassment • Retaliation – largest % of claims filed with EEOC • Don’t have to show that a retaliation impacted “compensation, terms, conditions or privileges of employment”… • Need only show that a “reasonable person” would have been dissuaded from exercising legal rights • Discrimination
Potential for Large Verdicts And Settlements • Dial (2003) - $10 Million • Acadia Pharmaceuticals (2005) - $7.9 Million • Custom Companies (2005) - $2.35 Million • Federal Express (2005) - $2.33 Million • PepsiCo (2002) - $1.79 Million • Rent-A-Center (2007) - $1.6 Million • Applebee’s (2003) - $1.55 Million • Cheap Tickets (2003) - $1.1 Million
Differences between Federal Lawand California Law In California: • Employees at all levels within an organization can be held personally liable for sexual harassment in which they engage, and may have to pay damages out of their own assets. California Government Code Section 12940(j)(3) • Under California law, an employer is legally responsible to victims of harassment by supervisors no matter what steps have been taken to prevent or remedy harassment; the only way an employer can avoid liability is by taking steps that “truly” prevent harassment. However, liability can be reduced if the employer can show that the victim unreasonably failed to take advantage of the preventive and corrective opportunities the employer provided, including reporting offensive behavior in keeping with employer policy and the complaint procedure.
Differences between Federal Lawand California Law In California: • Sexual Orientation is a protected category by CA law, as it is in Hawaii and Nevada. Same-sex harassment is prohibited, since harassment is about power, not sex per se. • The Department of Fair Employment & Housing administers the law in California (Fair Employment & Housing Act), while the EEOC administers federal law under Title VII.
Differences between Federal Lawand California Law Federal Definition of Sexual Harassment: “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.” 29 C.F.R. Section 1604.11 State Definition of Sexual Harassment: State regulations define sexual harassment as “unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser.” www.dfeh.ca.gov
What should you do if you personallyare accused of harassment? Immediate contact needs to be made with the next level of Command; You need to cooperate fully with any investigation. Protect yourself! Avoid all forms of risky behavior (verbal, non-verbal, physical, visual). And never be alone with another employee where an incident could occur. Remember! The Army has Zero-Tolerance for all forms of harassment!
Acknowledgement of Receiving the Anti-Harassment Policy • By proceeding with this training, I acknowledge that I have reviewed the Anti-Harassment Policy of The Salvation Army, Western Territory and will abide by all requirements. • California Supervisors are required to pass all modules and complete at least 2 hours of online training. If you complete this training in less time, we will send you additional information to bring you to the two hour requirement. This module automatically tracks your score and time to ensure you comply.