Harassment Prevention: From the Illegal to the Currently Legal to the Perception of Bullying

Presenting Today

Lisa YankowitzCo-Founder,

Informed [email protected]

Follow along on Twitter: #BizWebinar @BizLibrary

Erin BoettgeContent Marketing Manager,

[email protected]

Harassment Prevention:From the Illegal to the Currently Legal to the Perception of Bullying

Presented by: LISA Yankowitz

InformedWorkplace.com

Litigation is EXPENSIVE


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:


…but that’s only part of the cost

• Stress• Conflict• Disengagement• Absenteeism• Turnover


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


What about the states?

• Contributing vs. Motivating

• Additional protected classes

• No cap on damages

• Individual liability

• Requirement to train

YOUR SPEECH AND ACTIONS,and the speech and actions of your employees,

can create liabilityfor the company…

and for YOU!InformedWorkplace.com

© 2015 Intrinsic Systems, LLC

What’s the difference between

harassment andbullying in the workplace?


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.


HARASSMENT/BULLYINGcan be…

• ILLEGAL• LEGAL• PERCEIVED

What makes harassment ILLEGAL?



Illegal HARASSMENT and DISCRIMINATION involve protected classes

Race/ColorNational Origin SexReligionPregnancyDisabilityAgeGenetic InformationMilitary/VeteransRetaliation


One time incidentOne incident can be severe enough to be considered harassing!

• Touching (What about a hug?)

• Exposure• Quid Pro Quo• The “n-word”


Harassment can be…• Verbal or non-verbal• Physical• Face to face, or…

PhoneEmailSocial Media


RetaliationYou can’t retaliate against someone for:

• Filing a good-faith complaint• Participating in an investigation

What does LEGAL bullying look like?



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


The employer’s responsibility

PreventPromptly correct


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


“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.


Effective intakeKnow 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


Are they a REAL bully or just perceived as one?


More than 70% of

all communication

is FILTERED, CHANGED

or MISINTERPRETED


TEMPERAMENT

CHARACTER BEHAVIOR


“Treat others as THEY would like to be treated.”The Platinum Rule


PEOPLE PROCESS

We have all four Colors in us

FREEDOM & FUNRELATIONSHIPS RESPONSIBILITYCOMPETENCE


CONFLICT CAUSESSTRESSLEADS TO CONFLICT

Conflict occurs when a person violates another’s intrinsic values


ImpulsiveBelligerent

AngryAbrupt

DepressedEmotional

WithdrawnNeglectful

Self-righteousControllingComplainingBullying

CynicalReservedPerfectionistIndecisive

When I am stressed out I can be…


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.


LISA [email protected]

To learn more about Ntrinsx

Anti-Harassment Video Series

1. Why Anti-Harassment2a. The Protected Zone Part 12b. The Protected Zone Part 23a. What is Harassment and Discrimination3b. Examples of Harassment and

Discrimination4. Determining if Harassment Exists5. Employer/Employee Responsibilities6. Response to Complaints

1. Put-Downs vs. Communications

2. Analyzing the Put-DownSituation

3. Recognizing Put-Down Styles4. Put-Down Response Strategies

Verbal Self-Defense at Work Video Course

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Harassment Prevention: From the Illegal to the Currently Legal to the Perception of Bullying

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