Workplace Conduct

Instructions

• Please review the Course and take the Quiz.
• A passing score of 70% is required. You can retake the Quiz if needed. Only Pass results are reported.

Disclaimer

• Please note that the course content is for informational purposes only and does not constitute legal advice. Users should not act upon this information without seeking professional counsel licensed in their jurisdiction.

• Discrimination is when an employer takes an adverse employment action against an employee (termination or demotion) because of a protected characteristic or activity.
• Harassment is when an employee is treated badly (name calling or unwanted touching; action resulting from rejection of sexual advances) because of a protected characteristic or activity.
• Bullying is when an employee is treated badly, but the bad treatment is not because of a protected characteristic or activity.

• Jane is an employee for Acme.
• Jane is discriminated against if she is fired/demoted/not promoted because she is a woman (or member of other protected group).
• Jane is harassed if an employee calls her a derogatory name because she is a woman (or member of other protected group) (hostile workplace) or if a manager terminates her for not responding to sexual advance (quid pro quo).
• Jane is bullied if John makes fun of Jane for being a Dodger’s fan. Here, being a woman (gender) is a protected group. Being a Dodger’s fan is not.

• Federal law: Members (or associates) of the following groups: race, color, religion, sex, national origin, age, pregnancy, physical or mental disability and the results of genetic testing.
• U.S. Supreme Court has ruled that harassment based on sex is a violation regardless of the gender identity or sexual orientation of the victim or the harasser.
• In 2020, the U.S. Supreme Court ruled that employers are prohibited from discrimination based on gender identity or sexual orientation.
• Company policies can also specify additional protected groups.

• What Is Harassment?
  • How is harassment defined under the law?
• Two Types Of Sexual Harassment
  • Quid Pro Quo (“this-for-that”)
    • Supervisor-to-subordinate
    • Arising from sexual advances
  • Hostile Work Environment
    • Offensive Conduct
    • Unwelcomed
    • Severe or Pervasive

• The Reasonable Person Standard
  • Visual, verbal, or physical conduct that would likely (but not certainly) offend a reasonable person
• Examples of potentially offensive conduct
  • Abusive Language / Intimidation
  • Touches / Gestures
  • Look / Leers
  • Jokes / Storytelling
  • Propositions / Inquiries
  • Bragging
  • Cartoons or Photos
  • E-mail / Screen Savers
  • Repeated Requests

• “Unwelcome”
  • Unwelcome is when the complaining employee says it is
  • May not be unwelcome, if the employee previously solicited or invited the conduct they now is saying is offensive (and not communicated)
• “Pervasive”
  • Pervasive means the conduct represents a pattern of conduct
  • One incident usually not sufficient but can be

• Anyone can be a harasser
  • Managers and supervisors
  • Tenants
  • Co-workers
  • Vendors and contractors
  • Members of the public
  • Any gender

• At the workplace (including in the field)
• Off premises at employer sponsored events
• Off premises at non-sponsored events
• Social media
• Anywhere with a connection to the workplace

• A clear explanation of prohibited conduct
• Protection against retaliation
• Effective complaint process
• Confidentiality
• Effective investigative process
• Assurance of immediate and appropriate corrective action

• “Limited confidentiality”–Managers and other employees should not promise that they won’t pursue the complaint or report it to HR or the appropriate channel.
• Employer may assure the employee the investigation will be kept as confidential as possible.
• “Discretion,” rather than “confidentiality”
• To conduct a full and fair investigation, there must be some disclosure of certain allegations and facts.
• No “off-the-record” complaints

• A supervisor or manager may be subject to personal liability for harassment under the law where they have the power and authority to make personnel decisions, not merely carry out decisions made by others.
• A supervisor or manager may be held individually liable under the law if he actually participates in the conduct giving rise to a discrimination claim.

• Please take the Quiz to complete this Course.
• A passing score of 70% is required. You can retake the Quiz if needed. Only Pass results are reported.