AKORBI WORKFORCE
SOLUTIONS
Virtual Training:
Harassment, Diversity
and Discrimination
Introduction

In the workplace, when we hear the word “harassment” many of us think only
of sexual harassment, which is not correct.

And when we hear “discrimination” many of us think of only one kind, like
race or age, which is not correct.

And when we hear “diversity” many of us say, “what is that?”

However, these all can occur based on an employee’s race or color, religion,
national origin, disability and several other differences defined by law.
Diversity
(differences)
Discrimination
(treating
different people
differently)
Harassment
(treating those
different
negatively)
Objectives
At the conclusion, you will be able to:
1.
Define diversity, discrimination, harassment.
2.
Explain the difference between illegal harassment and conduct or behavior
that is inappropriate and unprofessional and often referred to as harassment
but that is not illegal.
3.
State the importance of preventing harassment in the workplace.
4.
List the categories of harassment.
5.
Cite the laws that prohibit and provide protection against harassment.
6.
Describe the AWS policy and procedures on harassment.
7.
Understand your responsibilities for assisting in investigations.
What is Harassment?
In the employment and legal context, harassment is defined as conduct or
actions, based on race, religion, sex, national origin, age, disability, genetic
information, military membership or veteran status, severe or pervasive
enough to create a hostile, abusive or intimidating work environment for a
reasonable person.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature constitute
sexual harassment when this conduct explicitly or implicitly affects an
individual's employment, unreasonably interferes with an individual's work
performance, or creates an intimidating, hostile, or offensive work
environment.
What is Harassment (cont’d)
Harassment is:

A form of discrimination that violates Title VII of the Civil Rights Act of 1964, the
ADA, the ADEA, and/or GINA.

Unwelcome verbal or physical conduct based on a person’s race, color, religion,
sex or gender, national origin, age (40 and over), disability (mental or physical),
or genetic information.

Severe, pervasive and persistent conduct that unreasonably interferes with an
employee’s work performance or creates an intimidating, hostile work
environment.

An occurrence where an employee’s status or benefits are directly affected by
the harassing conduct of a manager or person of authority.

Adverse employment actions (retaliation) against employees who complained of
harassment or discrimination or who participate in a complaint procedure.
Harassment is …
Not necessarily the opposite
sex with sexual harassment.
The victim as well as the
harasser may be a woman or a
man.
Not necessarily the victim. The
victim could be anyone
affected by the offensive and
harassing conduct.
Illegal Harassment versus Inappropriate
Conduct or Behavior

In the workplace and as used in this presentation, the term “harassment”
refers to the illegal form of discrimination.

Employees often say they are being harassed, however, when they are
subjected to inappropriate conduct or behavior which is not illegal but
unacceptable in the workplace.

Inappropriate and unacceptable behavior that is considered extreme is called
workplace bullying. This behavior can also be considered hostile work
environment, which is against the law.

Workplace bullying is repeated mistreatment of one or more employees using
humiliation, intimidation and denigration of performance. Bullying behavior
can exist at any level of an organization. Bullies can be superiors,
subordinates, co-workers and colleagues.
Illegal Harassment versus Inappropriate
Conduct or Behavior (cont’d)
Examples of workplace bullying and hostile work environment include:

Social bantering or teasing.

Verbal abuse and profanity, humiliation, constant criticism.

Gossip.

Stealing the credit for work performed by the victim.

Personal and professional denigration.

Overt threats.

Assignment of an unrealistic workload.

Aggressive e-mails or notes.

Professional exclusion or isolation.

Sabotage of career and financial status.
Case Studies –
Try before looking at next page answers.
A supervisor in the marketing department constantly and publicly criticizes his
employees and calls them stupid and lazy.
Is this illegal harassment, inappropriate conduct, workplace bullying? Why?
The same marketing supervisor refers to one of his employees as an “old gal” who is
“over the hill” and has problems using a computer because of her age.
Is this illegal harassment, inappropriate conduct, workplace bullying? Why?
What if supervisor is over 40 years old?
A male supervisor in the warehouse has all male and two female workers. The
supervisor has a calendar of women in bikinis, in suggestive positions. Only one
female worker complained and not the other.
Is this sexual harassment? Or not since one female worker was ok with it?
Is it sexual harassment if a male worker complains?
Is the situation resolved if the supervisor takes the calendar down?
Case Studies
A supervisor in the marketing department constantly and publicly criticizes his employees
and calls them stupid and lazy.
This could be illegal harassment, inappropriate conduct, and workplace bullying if it is
continuous and in an abusive manner.
The same marketing supervisor refers to one of his employees as an “old gal” who is “over
the hill” and has problems using a computer because of her age.
Definitely inappropriate conduct, but illegal or workplace bullying only if pervasive.
What if supervisor is over 40 years old? Doesn’t matter, may still be age discrimination.
A male supervisor in the warehouse has all male and two female workers. The supervisor
has a calendar of women in bikinis, in suggestive positions. Only one female worker
complained and not the other.
Is this sexual harassment? Or not since one female worker was ok with it? YES, it still is.
Is it sexual harassment if a male worker complains? YES, it still is.
Is the situation resolved if the supervisor takes the calendar down? YES, unless there is
retaliation.
More Case Studies
Harassment?
Harassment?
More Case Studies
Harassment? Not if no action taken
Harassment? Could be bullying,
hostile work environment or
harassment
And More Case Studies
Try before looking at answers
Discrimination?
Harassment?
And More Case Studies
Discrimination?
Not for a dog!
But could be for a person if the dog is
underqualified and others are qualified
and in a protected class.
Harassment? Maybe, if
persistent and in a negative, hostile
manner.
Why is it important to prevent
harassment in the workplace?
• Harassment harms everyone. The most important part of AWS values is to ensure
all employees are treated with respect and dignity. Engaging in, condoning, or not
reporting any type of harassment is in direct conflict with your values.
• Compliance with laws which prohibit this form of discrimination.


Compliance with federal discrimination laws and fair employment laws.

Liability for the employer may be under federal or state law or civil litigation.
A company is responsible for harassment by a supervisor that results in a
tangible employment action such as a hiring, firing, promotion, demotion,
change in pay or benefits, and work duties. EEOC complaints and fines as well
as lawsuits can cripple a company such that YOU do not have a job!
Thus, AWS intends to take actions to prevent harassment
(like this training) and take appropriate actions on those
who violate it.
Are Claims and Lawsuits Always in Favor
of the Employee?

NO! They are not. Some employees think they have been harassed when in
actuality it was inappropriate behavior.

And some employees want to try to create a lawsuit when there is nothing
there.

Sometimes, there has been a workplace bullying, yet the company and
management took appropriate actions for resolving, thus there was no claim.

The keys for a great workplace and prevention of lawsuits is strong HR.
Most Common Categories of Harassment
Race/Color

Ethnic slurs or jokes, offensive or derogatory comments, or other verbal or
physical conduct based on an employee’s race/color constitutes harassment if
that conduct creates an intimidating, hostile or offensive work environment
and prohibits an employee from performing his/her job.
Religion

Harassment based on religion occurs when an employee is antagonized or
ridiculed because of his religious beliefs. Another type of religious
harassment occurs when a co-worker or supervisor “preaches” or proselytizes
to an employee and the employee perceives that behavior to be unwanted
and offensive, amounting to a hostile work environment.
Most Common Categories of Harassment
(cont’d)
National Origin

Discriminating because of birthplace, ancestry, culture or linguistic
characteristics common to a specific ethnic group.
Disability

The Americans With Disabilities Act (ADA) prohibits workplace discrimination
on the basis of disability. Under this law, a disabled worker is constantly
subjected to pervasive and severe harassment due to his real, or a perceived,
disability that creates a hostile work environment.
Most Common Categories of Harassment
(cont’d)
Sexual

Unwelcome sexual advances

Requests for sexual favors

Quid Pro Quo (a manager requests sexual favors in return for something such
as promotion, bonus, or to not be terminated.

Other verbal or physical conduct of a sexual nature constitute sexual
harassment when this conduct explicitly or implicitly affects an individual's
employment, unreasonably interferes with an individual's work performance,
or creates an intimidating, hostile, or offensive work environment.

Unlawful sexual harassment may occur without economic injury to or
discharge of the victim.
Laws that Prohibit and Provide
Protection against Harassment
•
Title VII of the Civil Rights Act of 1964 covers all private employers, state and
local governments and educational institutions that employ 15 or more individuals.
It prohibits intentional discrimination and practices because of a person’s race,
color, religion, sex or national origin.
•
Americans with Disabilities Act of 1990 as amended protects individuals with
disabilities, and those regarded as having disabilities.
•
Equal Pay Act of 1963 protects men and women who perform substantially equal
work in the same establishment from sex based discrimination.
Laws that Prohibit and Provide
Protection against Harassment (cont’d)
•
Immigration Reform and Control Act 1986, 1990, 1996 establishes penalties for
employers who knowingly hire illegal aliens and prohibits employment
discrimination on the basis of national origin or citizenship.
•
Age Discrimination of Employment Act of 1967 protects individuals who are 40
years and older.
•
Civil Rights Act of 1991 provides for damages in cases of intentional employment
discrimination, to clarify provisions regarding disparate impact actions, and for
other purposes.
•
The Genetic Information Nondiscrimination Act of 2008 prohibits employers from
discriminating against employees in hiring, firing or any other terms and conditions
of employment based on a worker’s genetic information.
•
And there are more!!
AWS Policy on Harassment

AWS is committed to a work environment in which all individuals are treated
with respect and dignity. Each individual has the right to work in a
professional atmosphere that promotes equal employment opportunities and
prohibits unlawful discriminatory practices, including harassment. Therefore,
AWS expects that all relationships among persons in the office will be
business-like and free of bias, prejudice and harassment.

It is the policy of AWS to ensure equal employment opportunity without
discrimination or harassment on the basis of race, color, religion, gender,
sexual orientation, gender identity, national origin, age, disability, genetic
information, marital status, amnesty or status as a covered veteran. AWS
prohibits any such discrimination or harassment.

AWS encourages reporting of all perceived incidents of discrimination or
harassment. It is the policy of AWS to promptly and thoroughly investigate
such reports. AWS prohibits retaliation against any individual who reports
discrimination or harassment or who participates in an investigation of such
reports.
Your Responsibilities

Know and comply with AWS policies and procedures.

It is helpful for the victim to inform the harasser directly that the conduct is
unwelcome and must stop. It is not required by law, but it may stop the
harassment. It also aids in the investigation process.

Immediately report any complaint that you, especially if a member of
management, receive or incidents that you witness involving employees to
your direct manager, Human Resource Designate, Human Resource
Department, the CEO, or the President.

When employed to work in a client’s or another company’s facility, these
same philosophies apply as well as the client’s workplace policies. Questions
or concerns should be directed to the Human Resource Designate.
Your Responsibilities (cont’d)
Investigations are conducted and interpreted by Human Resources, HR Consultant
and/or legal counsel:
•
Be available for interviews and provide as much information as possible.
Once an investigation has been completed, if disciplinary action is to be taken,
managers should work with Human Resources to make sure that:
•
The victim is not adversely affected.
•
The harassment stops and does not recur.
Summary

Harassment is conduct or actions, based on race, religion, sex, national
origin, age, disability, genetic information, military membership or veteran
status, severe or pervasive enough to create a hostile, abusive or intimidating
work environment for a reasonable person.

Inappropriate conduct or behavior which may not be considered illegal but
unacceptable in the workplace is called workplace bullying, defined as
repeated mistreatment of one or more employees using humiliation,
intimidation and denigration of performance.

It is important to prevent harassment in your workplace because it harms you
all. It conflicts with your company values and is illegal under federal and
state laws.
Thank you!!

We appreciate your time and attention to this important training and have
every expectation that you will utilize the contents of this presentation for
the betterment of AKORBI WORKFORCE SOLUTIONS!

Treat everyone well and without discrimination!

An acknowledgement of this training is required to be signed and delivered
per instructions.