Workplace Harrassment Flashcards
T / F Sexual harassment is an area where there is a large percentage of cases involving harassment by supervisors?
True
Religious harassment usually takes one of two forms:
Hostility or conversion
An inquiry for religious harassment is whether the employee’s religion is:
A. Legitimate
B. Traditional
C. Whether the belief is sincere
C. Whether the belief is sincere
‘Preaching’ to an employee is considered…
The employee perceives that behavior to be unwanted, offensive-amounting to a HOSTILE work environment.
When is your liability risk high with harassment cases?
When a supervisor is involved
In analyzing overlapping harassment categories complaints, the important thing is to:
Focus on whether the harassment is based on membership in a protected class
As an employer, you have a _______ to prevent all kinds of harassment
DUTY
What must offensive behavior be extreme enough to be considered to harassment?
For conduct to be considered harassment, it must be so severe and pervasive that is actually alters the terms and conditions of employment and creates a hostile work environment.
Definitions- quid pro quo
Employment decisions/expectations are based on an employee’s willingness to grant or refuse sexual favors.
Definitions - Hostile work environment
Where verbal or non-verbal behavior in the workplace:
A. Is sexual, racial, religious, ethnic, etc. in nature because of a person’s protected status
B. Is unwanted or unwelcome
C. Is severe or pervasive enough to affect the person’s work environment
Can managers who are not the harassers be liable?
Yes
What does WLAD stand for and what is it
Washington Law Against Discrimination; supervisors along with employers can be on the hook for discriminatory acts.
Under the WLAD, what is the conclusion of the term employer?
Any person acting in the interest of an employer who employs eight or more persons.
T / F Harassment needs to be intentional
False- harassment doesn’t have to be intentional
Can a single incident be constituted as unlawful harassment or does a pattern need to be established?
A single incident may constitute unlawful harassment.
Understand that is not how you ______ to come across; but how you are ______ that is important.
Intend / perceived
What are four key manager/supervisor responsibilities with workplace harassment?
Prevention
Investigation
Intervention
Follow-up
Based on case reviews, an employer can _____ or ______ its exposure to liability when it’s _______ become ________ to the original acts of sexual harassment.
Double / triple / manager’s / accomplices
Regular employees are subject to discipline for: A. Cause B. Any reason C. Actions D. Wrongful words
Cause - up to and including termination
How do you resolve conflicts of interpersonal in nature, miscommunication between mgrs, supervisors and employees, or disagreements regarding work performance?
Shall be handled through an alternative dispute resolution process using a mediator or a facilitator.
How many steps and what are they in filing for a grievance?
5 steps;
1. Written complaint (within 14 days of awareness of incident, supervisor has 14 days to respond
2. Consideration by the Division Mgr/ Department Director (Director must respond within 14 days of receipt of the step two grievance)
3. Alternative Dispute Resolution (must be filed to HR Director within 14 days of Department Director’s response, mediation must be completed within 30 days)
4. Appeal to the City Manager (must be done within 10 working days of completion of step 3, step 4 completed within 30 days)
5. Appeal to a Hearing Officer (affirm, reverse, or modify dept. manager’s ruling within 30 days of the close of the hearing)
3.
Who to notify for unlawful harassment?
In writing to immediate supervisor, department director, or HR director in writing
When does a supervisor or dept. director notify HR director when received a formal harassment complaint?
Within one work day or sooner
Sexual harassment cases can be either:
Quid pro quo or hostile environment
