Harassment Training Supervisor

Supervisor

Caring

Hellmann Promise

Harassment Prevention Training

Relaible

Forward Thinking

start

Entrepreneurial

We lead with respect and expect everyone to live diversity

Importance

Introduction

Learning Overview

Content

Policy

End of Course

Learning Overview

Duration

Learning Content

• 2 Hours

• Harassment in the Workplace
• What is Harassment?
• Sexual Harassment
• ADA
• Title VII
• Impact
• Federal Laws Prohibiting Harassment
• Our Policy and Procedure
• Your Responsibilities as a Supervisor

Audience

• Supervisors and Managers

Importance

Introduction

Content

Learning Overview

Policy

End of Course

Introduction

Many of us think only of harassment based on sex. However, the California Civil rights Department (CRD) enforces laws that protect you from discrimination in employment based on:

• Ancestry
• Age (40 and above)
• Color
• Disability
• Genetic Information
• Gender Expression
• Gender Identity
• Marital Status
• Medical Condition

• Military or veteran status
• National Origin
• Race
• Religion
• Reproductive Health Decisionmaking
• Sex/gender
• Sexual Orientation

+ info

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Policy

Harassment in the Workplace

Harassment in the workplace hurts everyone, not just the person being harassed. It can cause:

• Absences
• Low productivity
• Low morale
• Interpersonal conflicts

With that in mind, this elearning has been created for you with a focus on what behavior is expected from you as a Manager/Supervisor. This Harassment Prevention Class is Mandatory for all Managers and Supervisors and must be taken every two years.

The California Fair Employment and Housing Act Regulations

The Content of this Course was provided by The California Fair Employment and Housing Act Regulations. California has one of the most stringent and comprehensive Anti-Harassment Laws and Hellmann Worldwide Logistics has adopted many of its requirements and policies for all locations.

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The California Fair Employment and Housing Act Regulations

Require employers to reasonably accommodate an employee, unpaid intern, or job applicant’s religious beliefs and practices.

Prohibit harassment of employees, applicants, unpaid interns, volunteers, and independent contractors by any persons and require employers to take all reasonable steps to prevent harassment.

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The California Fair Employment and Housing Act Regulations

Require employers with 5 or more employees, to provide training for all employees regarding the prevention of sexual harassment, including harassment based on gender identity, gender expression, and sexual orientation.

Prohibit employers from limiting or prohibiting the use of any language in any workplace unless justified by business necessity. The employer must notify employees of the language restriction and consequences for violation.

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The California Fair Employment and Housing Act Regulations

Require employment agencies to serve all applicants equally, refuse discriminatory job orders, and prohibit employers and employment agencies from making discriminatory pre-hiring inquiries or publishing help wanted advertisements that express a discriminatory hiring preference.

Require employers, employment agencies, and unions to preserve applications, personnel records, and employment referral records for a minimum of two years

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If I'm not working in CA, why am I taking this course?

• California's legal standards set a benchmark for stringent compliance and employee protections. Applying these standards company-wide ensures consistency across all locations, regardless of state regulations.

• Aligning all managers with these practices promotes fairness, accountability, and a unified company culture.

• This approach demonstrates the company's commitment to protecting employees and maintaining excellence in compliance.

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What Is Harassment?

Harassment is defined as unwelcome verbal or physical conduct or actions—based on:

• Race
• Religion
• Sex (including sexual orientation and gender identity or expression)
• National origin
• Age
• Disability
• Genetic information
• Military membership or veteran status

—that is severe or pervasive enough to create a hostile, abusive or intimidating work environment for a reasonable person.

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What Is Harassment? (cont.)

State laws may include additional protected classes, such as:

• Marital status
• Political affiliation
• Criminal history
• Prior psychiatric treatment
• Occupation
• Citizenship status
• Personal appearance
• Matriculation
• Tobacco use outside work

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Harassment Definition

An occurrence when an employee’s status or benefits are directly affected by the harassing conduct of a manager, person of authority, or a colleague.

Severe, pervasive and persistent conduct that unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment.

Adverse employment actions (retaliation) against employees who complain of harassment or discrimination or who participate in a complaint procedure.

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Illegal Form of Discrimination

Illegal Behavior

Illegal Behavior

As used in this course, the term “harassment” refers to the illegal form of discrimination.

• Unwelcome sexual advances or invitations
• Unnecessary or unwanted touching such as groping, massaging, or pinching, blocking normal movement, or physically interfering with the work of the individual
• Threats or demands that the person submits as a condition of continued employment or to avoid some other loss

• Displaying or sharing offensive images such as posters, videos, photos, cartoons, emails, drawings, or social media sites that are derogatory or sexual

• Offensive comments about appaarence or other personal physical characteristics, such as sexually charged comments or comments on someone's physical disability

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Inappropriate Conduct or Behavior

Rude Behavior

Bullying or Abusive Conduct

Any inappropriate conduct, whether it violates our harassment policies or not, is unacceptable and will not be tolerated.

• Yelling at co-workers
• Making threats (to dismiss, demote or give a bad review)
• Spreading false information or rumors
• Behavior meant to undermine, patronize, humiliate, intimidate or demean
• Note: Such unacceptable behaviors can also be illegal, depending on the circustances

• Intentionally excluding someone from a normal workplace conversation
• Not saying "Thank You"
• Interrupting co-workers
• Responding with frequent sarcasm or anger to normal interactions

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Inappropriate Conduct or Behavior

Workplace Bullying

Workplace bullying is repeated and unwanted actions by an individual or group intending to intimidate, harass, degrade or offend.

Bullying behavior can exist at any level of an organization. Bullies can be superiors, subordinates, co-workers and colleagues.

key ideas

example

Reminder

Any inappropriate conduct, whether it violates our harassment policies or not, is unacceptable and will not be tolerated.

Is it Illegal Harassment or Workplace Bullying?

Harassment

Bullying

A supervisor in the accounting department constantly and publicly criticizes his employees and calls them lazy

Scenario 1

Is it Illegal Harassment or Workplace Bullying?

Bullying

Harassment

The same accounting 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.

Scenario 2

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Federal Laws Prohibiting Harassment

The Equal Pay Act of 1963

Title VII of the Civil Rights Act of 1964

protects men and women who perform substantially equal work in the same establishment from sex-based discrimination.

prohibits intentional discrimination and practices because of a person’s race, color, religion, sex (including sexual orientation and gender identity or expression), pregnancy or national origin.

Sexual harassment

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Sexual Harassment in the Workplace

Sexual Harassment, which is unlawful under California's Fair Employment and Housing Act and the Federal Civil rights of Act of 1964, includes:

• Harassment based on sex (pregnancy, childbirth, or related medical conditions)
• Gender identity
• Gender Expresion
• Sexual orientation

Individuals of any gender can be target of sexual harassment.

Sexual Harassment in the workplace

Female workers

six to ten

have been sexually harassed at some point in their lives,

male workers

three to ten

have been sexually harassed at some point in their lives,

transgender workers

90%

have been harassed or discriminated against on the job.

Data from the Department of Labor of California

Managers, Supervisors, and/or Employees can be personally liable for damages if sued for sexual harassment. "Personally liable" means you are individually accountable for compensating the victim of your harassment, drawing from your personal assets, such as your savings, property, or possessions.

Department of Labor of California

reminder

Supervisors are legally required to take action if they personally observe or receive a report of sexual harassment in the workplace. The organization's climate is key to a healthy and respectful workplace.

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As a Supervisor You Should...

Speak Up: If you witness unacceptable behavior, it’s important to address it directly. Talk to the employee or their supervisor. Ignoring bad behavior often allows it to escalate. Pay attention to the employee’s reactions. They might use body language, excuses, or a certain tone of voice to signal discomfort or that the behavior is unwelcome. They don’t always have to say it out loud.

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As a Supervisor You Should...

If you as the supervisor don't take course of action on this, you will become liable -> this means you are also responsible for this action (employer knew that the harassment was taking place and failed to take immediate corrective action).

Be the ally you'd like to have in the workplace.

Model respectful behavior

Speak up when you see inappropiate behavior

four key behaviors for supervisors

Take complaints seriously and have them investigated

Work with your direct manager and/or the HR Team to ensure inappropiate behavior is addressed. Inappropiate behavior should be adressed promptly, even if the person accused of inappropiate behavior is well-liked, a top operator or the best customer.

example from the civil rights department - california

sexual harassment in the workplace

Scenario One

notes

lesson note

What is key is how the employee feels about the interaction, not how the boss feels. Was it offensive or objectionable to the employee?

• There were many clues indicating the employee did not feel comfortable with the situation. She said no to the ride home, she folded her arms, and she tried to create space from her boss.
• The employee does not have to verbally tell the boss to stop for it to be harassment. People can use body language, excuses, and/or a tone of voice to "say" they are uncomfortable.

Notes

example from the civil rights department - california

sexual harassment in the workplace

Scenario Two

notes

lesson note

Was it offensive or objectionable to the employee?

• The video showed two co-workers in a hostile workplace. Sam did not have to tell her co-worker that his behavior was inappropriate for a hostile work environment to be present.

• As a supervisor, it is your responsibility to make sure that your behavior is not making others uncomfortable. It's also your responsibility to make sure that co-workers who report to you are not making each other uncomfortable.

Notes

Sexual Harassment in the Workplace Quiz

Let's practice what you learned from our Sexual Harassment course!

Go!

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ada

Americans with Disabilities Act

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Introduction to Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities. The ADA guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, purchase goods and services, and participate in state and local government programs.

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A person with disabilities....

has a history or record of such an impairment (such as cancer that is in remission), or

has a physical or mental impairment that substantially limits one or more major life activities,

is perceived by others as having such an impairment (such as a person who has scars from a severe burn).

If a person falls into any of these categories, the ADA protects them. It is not a benefit program, you do not need to apply for coverage.

What does substantially limits mean?

The term “substantially limits” is interpreted broadly and is not meant to be a demanding standard. But not every condition will meet this standard. An example of a condition that is not substantially limiting is a mild allergy to pollen.

Reminder

Not every disability is visible, so it is essential to be understanding and accommodating.

What Does Major Life Activities Mean?

Major life activities are the kind of activities that you do every day, including your body’s own internal processes. There are many major life activities in addition to the examples listed here. Some examples are:

• Actions like eating, sleeping, speaking, and breathing
• Movements like walking, standing, lifting, and bending

• Cognitive functions like thinking and concentrating

• Sensory functions like seeing and hearing
• Tasks like working, reading, learning, and communicating
• The operation of major bodily functions like circulation, reproduction, and individual organs

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Examples of Disabilities

There is a wide variety of disabilities, and the ADA regulations do not list all of them. Some disabilities are visible and some are not. Some examples of disabilities include:

• Epilepsy
• Mobility disabilities such as those requiring the use of a wheelchair, walker, or cane Intellectual disabilities
• Major depressive disorder
• Traumatic brain injury

• Cancer
• Diabetes
• Post-traumatic stress disorder
• HIV
• Autism
• Cerebral palsy
• Deafness or hearing loss
• Blindness or low vision

The ADA covers many other disabilities not listed here.

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The Importance of ADA in the Workplace

The ADA is broken up into five different sections, which are called titles. Different titles set out the requirements for different kinds of organizations. Here are some of them that are related to the workplace.

Click the attached link to file a complaint under discrimination of Employment

Business that are open to the public Title III

EmploymentTitle I

Employers must provide people with disabilities an equal opportunity to benefit from the employment-related opportunities available to others. This includes things like recruitment, hiring, promotions, training, pay, and social activities.

Businesses must provide people with disabilities an equal opportunity to access the goods or services that they offer. Commercial facilities need only comply with requirements of the ADA Standards for Accessible Design: office builings, warehouses, and factories.

Click the attached link to file a complaint for Businesses that don't provide this equality

how did the ADA change our physical landscape?

How the ADA Changed the Built World

Netflix Club

title vii

Civil Rights Act of 1964

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Title VII of the Civil Rights Act of 1964

The Title VII outlaws employment discrimination based on race, color, religion, sex, or national origin. Civil Rights Act prohibits employment discrimination and makes sure all individuals have the same opportunities at the workplace. Title VII protects employees in various aspects of employment, including:

• Hiring and firing
• Promotion and demotion
• Compensation and benefits
• Job training and assignments
• Workplace harassment

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Discriminatory Practices

Harassment

Disparate Treatment

Retaliation

Disparate Impact

• Based on protected class
• Commonly sexual harassment
• Any unwanted treatment
• Any protected class

• For making a complaint
• For participating in investigation
• For employees take adverse action
• Can take many forms
• Action, discipline, threatening

• Known as Adverse Impact
• Subtle, Intentional
• Appear Neutral, results impact

• Protected Class
• Treated Diffently
• Intentional

Info

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Filling a Title VII Complaint

1. Contact the Equal Employment Opportunity Commission (EEOC):

2. EEOC Investigation:

3. Right to Sue Letter:

• This is the first step in the process. The EEOC is the federal agency responsible for enforcing Title VII.
• You can file a charge online, by phone, or in person at a local EEOC office.
• Be prepared to provide details about the discrimination you experienced, including dates, names of individuals involved, and specific incidents.

• The EEOC will investigate your claim.

• This process can take several months. The EEOC may attempt to mediate a settlement between you and your employer.

• If the EEOC doesn't resolve the matter or decides not to sue, you will receive a Right to Sue letter.

• This letter gives you the right to file a lawsuit in federal court.

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impact

In which ways can harassment impact the employee if action is not taken?

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In which ways can harassment impact the employee if action is not taken?

Salary

Termination

Performance

• Harassment can create a hostile work environment, making it difficult for employees to concentrate and focus on their tasks.

• Employees may take sick days or personal time to cope with the stress of harassment.

• Harassment can lead to decreased job satisfaction and a negative overall workplace atmosphere.

• Harassment can hinder an employee's career progression, limiting opportunities for promotions and salary increases.

• Research has shown that women who experience sexual harassment often earn less than their male counterparts.

While not always the case, harassment can escalate to a point where termination becomes necessary. This may occur if:

• The harassment creates an intolerable work environment.

• The harasser is unable or unwilling to change their behavior.

• The employer fails to take appropriate action to address the harassment.

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The Importance of Preventing Workplace Harassment

A company is always 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, or change in work duties.

We must ensure compliance with federal discrimination laws and state fair employment laws. Liability for the employer may be under federal or state law or civil litigation

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Federal Laws That Prohibit and Provide Protection Against Harassment

Immigration Reform and Control Act (IRCA)

Americans with Disabilities Act (ADA)

as amended protects individuals with disabilities and those regarded as having disabilities.

prohibits employment discrimination on the basis of national origin or citizenship.

Age Discrimination in Employment Act (ADEA)

Genetic Information Nondiscrimination Act (GINA)

prohibits employers from discriminating against employees in hiring, firing or any other terms and conditions of employment based on a worker’s genetic information.

prohibits discrimination against individuals who are ages 40 and older.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

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

protects the job rights of individuals who voluntarily or involuntarily leave their civilian jobs to serve in the military or other uniformed services.

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Your Responsibilities as a Supervisor

Make yourself and the employees on your team available for investigation interviews as requested by HR.

Know and comply with our policy and procedures.

Once an investigation is completed, ensure that victims of harassment are not retaliated against, and that the harassment does not recur.

Immediately report to the Human Resources director any complaint that you receive from your employees or incidents that you witness involving other supervisors’ employees.

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Your Responsibilities as a Supervisor

When handling harassment complaints from your employees:

Tell the employee that confidentiality will be respected as much as possible but cannot be assured in order to investigate fully and properly.

Demonstrate your willingness to hear and objectively discuss complaints.

Inform the employee that you must report all complaints to HR.

Do not object if an employee prefers to or actually does bypass the standard chain of command.

Do not engage in retaliation against an employee who complains of harassment.

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Summary

As a supervisor, you play a critical role in preventing and addressing harassment, discrimination, and creating an inclusive environment. You are responsible for:

• Preventing harassment: Establishing clear expectations, modeling respectful behavior, and providing regular training.

• Creating an inclusive environment: Ensuring fair treatment for all employees, regardless of their background or abilities.

• Responding to complaints: Investigating complaints promptly and impartially, taking appropriate action, and protecting those who report incidents.

• Understanding reasonable accommodations: Familiarizing oneself with the ADA and working with employees to provide necessary accommodations.

Our top priority is a respectful working environment and culture that honors humanity and diversity.

Harassment harms us all. The most important part of our corporate 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 our values.

Hellmann Promise

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THINKING AHEAD – Moving Forward

Thank you Gracias Merci Obrigado Danke

For the better. Together

For the better. Together

Disparate Impact

Disparate impact occurs when a company uses an employment practice that unintentionally discriminates against members of a protected class. This refers to policies, practices, rules, or other systems that appear to be neutral but result in a disproportionate impact on protected groups.

Harassment

Title VII prohibits harassment based on protected characteristics. Any harassment unwanted and unwelcome because of race, color, religion, sex, country of origin, age, disability or genetic information are forms of harassment.

Retaliation

Title VII also prohibits employers from retaliating against an employee for making a complaint of harassment or discrimination whether internally to a government agency, in a lawsuit, participating in an investigation, or otherwise opposing harassment or discrimination. Retaliation occurs when an employer takes an adverse action against an employee who's filed a complaint for discrimination.

Examples of Workplace Bullying Include:

• Verbal abuse and profanity
• Humiliation
• Constant criticism or teasing
• Gossip
• Stealing the credit for work performed by someone else
• Personal and professional denigration

Who is protected by this law?

• Employees
• Applicants
• Contractors
• Volunteers
• Paid or unpaid interns

Here are a few thoughts for supervisors on respect in the workplace.

• Respect means fulfilling legal requirements, such as preventing sexual harassment and discrimination, and having fair hiring practices.
• Respect means taking complaints in the workplace seriously and completing fair investigations.
• Respect means valuing others, even when their point of views are different
• Respect means giving and accepting constructive feedback in a healthy, not hurtful way.

Here are a few thoughts for supervisors on respect in the workplace.

• Respect means fulfilling legal requirements, such as preventing sexual harassment and discrimination, and having fair hiring practices.
• Respect means taking complaints in the workplace seriously and completing fair investigations.
• Respect means valuing others, even when their point of view are different.
• Respect means giving and accepting constructive feedback in a healthy, not hurtful way.