Harassment Prevention: From the Illegal to the Currently Legal to the Perception of Bullying
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This document presents a webinar on harassment prevention in the workplace, led by experts Lisa Yankowitz and Erin Boettge. It discusses the differences between illegal harassment and legal bullying, emphasizing the importance of employer responsibility, training, and a culture of respect. The document also outlines costs associated with harassment, examples of legal cases, and effective strategies for preventing and addressing workplace bullying and harassment.
Harassment Prevention: From the Illegal to the Currently Legal to the Perception of Bullying
- 2. Presenting Today Lisa Yankowitz Co-Founder, Informed Workplace [email protected] Follow along on Twitter: #BizWebinar @BizLibrary Erin Boettge Content Marketing Manager, BizLibrary [email protected]
- 3. Harassment Prevention: From the Illegal to the Currently Legal to the Perception of Bullying Presented by: LISA Yankowitz
- 5. InformedWorkplace.com Farmers Insurance Exchange (race & retaliation) $225,000 Texas Roadhouse (sexual harassment & retaliation) $1.4 million Guardsmark (retaliation) $115,000 Greensville Ready Mixed Concrete, Inc. (religion) $42,500 IFCO (sexual orientation) $202,200 A few examples:
- 6. InformedWorkplace.com …but that’s only part of the cost • Stress • Conflict • Disengagement • Absenteeism • Turnover
- 7. InformedWorkplace.com The federal anti-discrimination laws TITLE VII Race, Color, Religion, National Origin, Sex PDA Pregnancy ADEA Age ADA Disability GINA Genetic Information USERRA Military, Veterans
- 8. InformedWorkplace.com What about the states? • Contributing vs. Motivating • Additional protected classes • No cap on damages • Individual liability • Requirement to train
- 9. YOUR SPEECH AND ACTIONS, and the speech and actions of your employees, can create liability for the company… and for YOU! InformedWorkplace.com
- 10. © 2015 Intrinsic Systems, LLC What’s the difference between harassment and bullying in the workplace?
- 11. InformedWorkplace.com Bullying Harassment Repeated health-harming abusive conduct that creates a hostile work environment. Unwelcome conduct that has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.
- 12. InformedWorkplace.com HARASSMENT/BULLYING can be… • ILLEGAL • LEGAL • PERCEIVED
- 13. What makes harassment ILLEGAL? InformedWorkplace.com
- 14. © 2015 Intrinsic Systems, LLC Illegal HARASSMENT and DISCRIMINATION involve protected classes Race/Color National Origin Sex Religion Pregnancy Disability Age Genetic Information Military/Veterans Retaliation
- 15. InformedWorkplace.com One time incident One incident can be severe enough to be considered harassing! • Touching (What about a hug?) • Exposure • Quid Pro Quo • The “n-word”
- 16. InformedWorkplace.com Harassment can be… • Verbal or non-verbal • Physical • Face to face, or… Phone Email Social Media
- 17. InformedWorkplace.com Retaliation You can’t retaliate against someone for: • Filing a good-faith complaint • Participating in an investigation
- 18. What does LEGAL bullying look like? InformedWorkplace.com
- 19. InformedWorkplace.com Typical bullying tactics Verbal abuse – name calling, profanity Teasing – appearance, life-style Ignoring or excluding Trivial fault finding Threats Inconsistent application of rules Unreasonable expectations
- 21. InformedWorkplace.com So, how can you prevent it? • Anti-harassment/anti-bullying policy • Culture of respect and open communication • Zero-tolerance – case by case • Train employees, effectively and regularly • Hold violators accountable • Be respectful • Protect confidentiality/privacy
- 22. InformedWorkplace.com “Effective harassment training is the single best way for employers to avoid liability. No federal law requires such training, but more than half of the states either require or encourage it.” Patricia Wise, Partner, Niehaus Wise & Kalas LTD Written testimony to the EEOC regarding workplace harassment.
- 23. InformedWorkplace.com Effective intake Know a complaint when you see it! • No magic words • Take it seriously – welcome it! • Get the basics • Mostly listen • Private location • Get it to HR or a higher up • Immediately • Document • Be confidential
- 24. InformedWorkplace.com Are they a REAL bully or just perceived as one?
- 25. © 2015 Intrinsic Systems, LLC More than 70% of all communication is FILTERED, CHANGED or MISINTERPRETED
- 26. © 2015 Intrinsic Systems, LLC TEMPERAMENT CHARACTER BEHAVIOR
- 27. © 2015 Intrinsic Systems, LLC “Treat others as THEY would like to be treated.” The Platinum Rule
- 28. © 2015 Intrinsic Systems, LLC PEOPLE PROCESS We have all four Colors in us FREEDOM & FUNRELATIONSHIPS RESPONSIBILITYCOMPETENCE
- 29. © 2015 Intrinsic Systems, LLC CONFLICT CAUSES STRESS LEADS TO CONFLICT Conflict occurs when a person violates another’s intrinsic values
- 30. © 2015 Intrinsic Systems, LLC Impulsive Belligerent Angry Abrupt Depressed Emotional Withdrawn Neglectful Self-righteous Controlling Complaining Bullying Cynical Reserved Perfectionist Indecisive When I am stressed out I can be…
- 31. © 2015 Intrinsic Systems, LLC What to do, what to do??? 1. Make an effort to respect others’ values (Platinum Rule). 2. When in doubt, don’t say or do it. 3. When you realize you offended, apologize immediately and/or explain your intent. 4. If you have been offended, assume they didn’t intend to offend you.
- 32. InformedWorkplace.com LISA Yankowitz [email protected] To learn more about Ntrinsx
- 33. Anti-Harassment Video Series 1. Why Anti-Harassment 2a. The Protected Zone Part 1 2b. The Protected Zone Part 2 3a. What is Harassment and Discrimination 3b. Examples of Harassment and Discrimination 4. Determining if Harassment Exists 5. Employer/Employee Responsibilities 6. Response to Complaints
- 34. 1. Put-Downs vs. Communications 2. Analyzing the Put-Down Situation 3. Recognizing Put-Down Styles 4. Put-Down Response Strategies Verbal Self-Defense at Work Video Course
- 35. Try out these video lessons and more! Let us know through the poll if you’d like a free trial of BizLibrary’s online course collection. www.bizlibrary.com/free-trial