Harassment in the workplace

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Harassment in the workplace

• How to know when things are not okay, and what
  you can do.

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Harassment in the workplace is a serious topic,
and can be uncomfortable even to talk about. We
discuss it here to ensure that our workplace is
fun and free of unwanted and unacceptable
behaviors.

• In the next 30 minutes, we want you to
• Understand different types of harassment
• Understand what harassment is not
• Feel confident that you can ask for help if you
  feel your work environment is interfering with
  your ability to work successfully and comfortably.

Click the i anytime you would like more
information on our policies
Ready? Lets get started
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Overheard at the coffee shop..

• Hey Jane, can I sit here?
• Sure, hows it going?
• Well, I like my department, but one of my
  coworkers keeps hitting on me, and I am really
  not interested in going out with anyone right
  now. Its gotten to the point that I try to work
  in a different area to avoid being together.

Yes
No
Is this harassment? Click on your answer.
That Depends
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Is this Sexual Harassment?

• Yes.
• Any time an employee feels that their environment
  is hostile due to the actions of others, that is
  a hostile work environment, and is illegal.

5
Chatter at work

• Hey, my Supervisor is pretty good-looking, maybe
  I should ask him out?

Yes
No
Is this harassment? Click on your answer.
That Depends
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Is this Sexual Harassment? There are two parts
to this answer
Although it is legally permissible for an
employee to ask their Supervisor out, it is not
permissible for Supervisors to date their
employees (see JHMR Employee Handbook).

• There are risks to any Supervisor dating an
  employee
• Any time an employee feels that their employment
  or evaluation is controlled or threatened by
  someone else due to factors other than their work
  performance, that can be interpreted as
  harassment.
• The complications of a relationship between
  supervisors and employees can be confusing and
  misunderstood by other employees.

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In the locker room

• Yeah, Betty is nice, but shes a little slower
  than the rest of the crew She doesnt even ski.
  Im kind of surprised someone her age is still
  working here.

Yes
No
Is this harassment? Click on your answer.
That Depends
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Is this Harassment?

• That depends.
• If this is a comment made between co-workers, it
  is inappropriate for our culture and values, but
  it is not harassment.
• However, if it is someone in a supervisory
  position over Betty, that can be interpreted as
  differential treatment (of someone over 40), and
  is illegal.
• Also, if the statement is repeated multiple
  times, it could be interpreted as unlawful
  harassment.

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Yesterday after work
Hey Karen and Steve, are you free tomorrow
night?
Yea, and maybe I can get my hands on this hot guy!
Yes
No
Is this harassment? Click on your answer.
That Depends
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Is this Harassment?
Hey Karen and Steve, are you free tomorrow
night?
Yea, and maybe I can get my hands on this hot guy!
Technically, no. What happens after work between
consenting adults who do not report to one
another in the workplace is outside regulation or
policy. However, if behavior outside work affects
the job environment, that is a concern to JHMR
management.
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Overheard at lunch

• Yeah, I know cultural exchange is a good idea,
  but theyre just dont work the same way we do.

Yes
No
Is this harassment? Click on your answer.
That Depends
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Is this Harassment?

• No.
• However, two things are important here
• It is against the culture and values of JHMR to
  set anyone apart, or make them feel less valued
  than anyone else. A comment such as this does
  not represent JHMR.
• Additionally, any comment or action that
  differentiates someone based on their race,
  ethnicity, or national origin can be interpreted
  as discrimination. All evaluations and treatment
  of employees must be based on the merits of their
  work performance.
• A comment like this one that is repeated multiple
  times can be interpreted as illegal harassment.

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Which of these is appropriate behavior in the
work environment, and which is not?
Click on any picture for your answer
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Which of these is appropriate behavior in the
work environment, and which is not?
See JHMR Policy
No
No
Click on any picture for your answer
No
Outside work
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Our Values
JHMR strives to maintain a workplace that accepts
the differences in employees' culture, age,
ethnicity, gender, physical and mental ability,
and lifestyle. JHMR is committed to providing a
work environment that is free from harassment of
any sort. We expect that all members of the JHMR
community will interact and treat each other with
dignity and respect.
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Which of these type of behaviors may create a
sexually hostile environment?
Lewd
Come-on
Aggressive
Click on any word for your answer
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Yes. Any expression or leering, in other words
staring in a sexually suggestive or aggressive
manner
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Click on these examples of actions to see if they
may create a sexual hostile environment
Click on any picture for your answer
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• Touching in a way that may make an employee feel
  uncomfortable, such as patting, pinching or
  intentional brushing against anothers body.

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Making offensive remarks about looks, clothing,
body parts
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• Telling sexual or lewd jokes, hanging sexual
  posters, making sexual gestures, etc.

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• This is not an example of sexual harassment
  however, the aggressive posture of the speaker,
  and defensive posture of the recipient suggest an
  aggressive situation, and are not conducive to a
  healthy work environment.

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• Sending, forwarding or soliciting sexually
  suggestive letters, notes, emails, or images

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Why cant we all just get along and have FUN?!?
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We have a lot of fun working here its why we
came, right?
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Other actions which may result in hostile
environment harassment, but are non-sexual in
nature
Negative comments about an employees religious
beliefs (or lack of religious beliefs)
Expressing negative stereotypes regarding an
employees birthplace or ancestry
Negative comments regarding an employees age
when referring to employees 40 and over
Derogatory or intimidating references to an
employees mental or physical impairment
Anyone whos lifestyle is different than our own.
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Okay, so something is going on in my
department, not to me, just to someone I know,
and, um, I dont know what to do about it, but it
makes me- I mean them, very uncomfortable. I am
here to work and have fun, and its just not what
I need to be dealing with- I mean my friend.
What should you do?
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What should I do if I have experienced or
observed harassing behavior?
What happens if I report harassment
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Any employee who believes that he or she has been
subject to, or has observed any form of
harassment, should report the incident to their
supervisor immediately. If the supervisor is
unavailable or the employee believes it would be
inappropriate to contact that person, the
employee should immediately contact any Human
Resources Safety representative with whom the
employee is comfortable.
But what about my job
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What happens if I report harassment?

• Complaints will be promptly investigated.
• No adverse employment action or retaliation will
  be permitted against any employee making a good
  faith report of alleged harassment or against any
  employee assisting in the investigation of a
  complaint.

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• THANK YOU
• for coming to work at
• Jackson Hole Mountain Resort
• We want your workplace to be fun, enjoyable, and
  welcoming!

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Appendix

• Definition of harassment
• Definition of sexual harassment
• Definition of hostile work environment
• What is not harassment?
• What type of actions or behaviors can be
  interpreted as harassment, or hostile?

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Harassment is
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Understanding Workplace Harassment

• There are 3 laws that address discrimination and
  harassment in the workplace.
• Title VII of the Civil Rights Act of 1964 is
  designed to protect those of different race,
  ethnicity, religion, and sexual orientation.
• The Age Discrimination in Employment Act of 1967
  covers employees over 40.
• The Americans with Disabilities Act of 1990
  protects the disabled in the workplace from
  harassment.

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Understanding Workplace Harassment, cont.

• The conduct is sufficiently severe or pervasive
  to create a hostile work environment or
• A supervisors harassing conduct results in a
  tangible change in an employees employment
  status or benefits (for example, demotion,
  termination, failure to promote, etc.).

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Harassment

• Harassment is anything that is perceived by the
  receiver as aggressive, insulting, inappropriate,
  racially directed, of national origin or
  ethnically slanted, religion, age, disability or
  demeaning.
• There is no room for this type of behavior at
  Jackson Hole Mountain Resort, and we encourage
  our staff at all levels to promote a culture of
  diversity, welcoming all who come here.

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Sexual Harassment

• Sexual harassment refers to unwelcome sexual
  advances, requests for sexual favors and other
  verbal or physical conduct by anyone (employee,
  guest, vendor, etc.) of a sexual nature.
• 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, or is
  used as the basis for employment decisions
  affecting an individual. Such conduct could
  include inappropriate jokes, cartoons, graphics,
  lewd comments, physical contact and repeated
  requests for dates.

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Hostile work environment

• Hostile work environment harassment occurs when
  unwelcome comments or conduct based on sex, race
  or other legally protected characteristics
  unreasonably interferes with an employees work
  performance or creates an intimidating, hostile
  or offensive work environment. Anyone in the
  workplace might commit this type of harassment
  a management official, co-worker, or
  non-employee, such as a contractor, vendor or
  guest. The victim can be anyone affected by the
  conduct, not just the individual at whom the
  offensive conduct is directed.

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What is Not Harassment?

• The anti-discrimination statutes are not a
  general civility code. Thus, federal law does not
  prohibit simple teasing, offhand comments, or
  isolated incidents that are not extremely
  serious. Rather, the conduct must be so
  objectively offensive as to alter the conditions
  of the individuals employment. The conditions of
  employment are altered only if the harassment
  culminates in a tangible employment action or is
  sufficiently severe or pervasive to create a
  hostile work environment.

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Actions which may result in hostile environment
harassment, but are non-sexual in nature,
include

• Use of racially derogatory words, phrases,
  epithets
• Demonstrations of a racial or ethnic nature such
  as a use of gestures, pictures or drawings which
  would offend a particular racial or ethnic group
• Comments about an individuals skin color or
  other racial/ethnic characteristics
• Making disparaging remarks about an individuals
  gender that are not sexual in nature