Presentation Transcript

1. Fisher & PhillipsLLP ATTORNEYS AT LAW Solutions at Work®

   Appropriate Workplace Conduct – More Than What the Law Requires

   Presented by:Clarence Belnavis and Alyssa R. EngelbergPhone: (503) 242-4262Email: cbelnavis@laborlawyers.com aengelberg@laborlawyers.com
2. What Do You Know? What is illegal conduct? What is not illegal but still inappropriate?
3. How Do You Want to Be Treated? Accused of sexual harassment? Accused of gossiping? What safeguards exist in your workplace to make sure that you are treated “fairly”?
4. Significance of the Law The law sets the minimum standard for acceptable conduct. If you only manager your employees at this level, then any violation amounts to illegal conduct. Instead, manage from the aspect of what is professional and appropriate. Higher standard A violation of this policy does not necessarily mean that the conduct is illegal.
5. The Law
6. Harassment: Basic Definition Offensive or unwelcome conduct that is severe or pervasive Key  In the eyes of the “victim”
7. Harassment: More Than Just Sexual Not just about “sex” Some other protected categories - Race - Pregnancy - Color - Age - Religion - Disability/handicap - National origin - Citizenship status - Sex (inc. same sex) - Service Member status - State and local laws
8. Who Can Be a “Harasser?” Co-employee Non-employee/ third-party Supervisors or managers
9. Supervisory Harassment: Legal Standard Legal Standard: Strict Liability Companies may be held strictly liable for supervisory harassment because the supervisor “is” the company UNLESS: (1) Harassing behavior does not cumulate in a tangible employment action and (2) Faragher-Ellerth affirmative defense applies
10. The Supervisory Harassment Affirmative Defense Existence of a sufficient anti-harassment policy; The harassment policy is actually followed by company; and “Victim” unreasonably failed to take advantage of the policy
11. Co-Worker/ Third-Party Harassment: Legal Standard Negligence Standard Company “knew or should have known” about the harassment or discrimination
12. Limit Liability, Follow a Policy! Key to Limiting Liability? 1) Create an effective anti-harassment policy 2) Follow your anti-harassment policy
13. Torts: Other Sources of Liability Assault Battery Intentional Infliction of Emotional Distress (IIED) Negligent Infliction of Emotional Distress (NIED) False Imprisonment Negligent Supervision Negligent Hiring and Retention
14. Practical Advice for Supervisors and Managers Do NOT touch employees Do NOT have sex with employees Do NOT put yourself in a situation where others can accuse you of harassment, discrimination or retaliation Do NOT allow potentially discriminatory conduct to occur in your presence
15. Practical Advice for Supervisors and Managers Do NOT agree to “just keep this quiet.” Once you have been put on notice, you are required to report it. Do NOT ask the complaining party what action he or she wants you to take against the alleged harasser.
16. Practical Advice for Supervisors and Managers Do NOT attempt to conduct your own investigation without guidance. Do NOT tell the complaining party to “work it out” with the harasser. Do NOT tell the complaining party that he or she is overreacting. Do NOT tell the complaining party to go see a lawyer.
17. Practical Advice for Supervisors and Managers Do resolve employee complaints Do mention the policies in meetings Do report suspicions or complaints
18. Scenario Does any of this conduct constitute harassment? What should the supervisor do, if anything? While on break, a supervisor overhears two employees call each other racial names. She knows they are joking. Neither of the employees complains.
19. Scenario Is this harassment? Should the company be concerned? Alice really needs a neck rub. John, her boss, decides to help her out.
20. Scenario Is this harassment? Do you have any control over the delivery guy? Can you ignore mere teasing? Mohammed told you that the delivery guy has been calling him a “terrorist.” You think the delivery guy is a joker who teases many people and really means no harm.
21. Scenario Should the company be concerned? What should it do? Steve loves to tell dirty jokes. One day, he tells some jokes to a group that includes Sheryl, who says, “That’s nothing. Did you hear the one about…? Steve then tells a more disgusting joke, which causes Sheryl to become upset and run away.
22. Scenario Has Pamela violated any laws? What should the company do? Pamela, a manager, calls one of her subordinates “dumb ass” when she is angry. The employee files a harassment complaint against Pamela..
23. Fisher & PhillipsLLP ATTORNEYS AT LAW Solutions at Work®

    Final Questions?

    Presented by:Clarence Belnavis and Alyssa R. EngelbergPhone: (503) 242-4262Email: cbelnavis@laborlawyers.comaengelberg@laborlawyers.com
24. Fisher & PhillipsLLP ATTORNEYS AT LAW Solutions at Work®

    Thank You

    Presented by:Clarence Belnavis and Alyssa R. EngelbergPhone: (503) 242-4262Email: cbelnavis@laborlawyers.comaengelberg@laborlawyers.com