Workplace Harassment

Definition, Examples, Resolutions

What Is Harassment
- A pattern of offensive or abusive
behavior
- It creates an intimidating,
hostile, offensive, or abusive
work environment.
- It causes physical, emotional, or
professional harm
What Does Not Constitute Harassment
Disagreement or Constructive Minor annoyances or
argument feedback grievances
Harassment as Illegal Form of Discrimination
What Do We Understand by Harassment?
Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy),
national origin, age (40 or older), disability, or genetic information.

When Does Harassment Become Unlawful?

1. When enduring the offensive conduct becomes a condition of continued employment

2. The conduct is severe or pervasive enough to create a hostile work environment.
Retaliation
In definition, retaliation occurs when an employer (through a manager, supervisor,
administrator or directly) fires an employee or takes any other type of adverse
action against an employee for engaging in protected activity.
4 Signs of Workplace Retaliation

➢ Demotion, Suspension, Termination

➢ Reduced Wages/ Working Hours
➢ Passed Over for a Promotion/ Pay Raise
➢ Verbal & Physical Abuse
 By “protected characteristics”
we understand:
1. Race
Protected 2. Age
3. Sex, gender identity,

Characteristics by sexual orientation or

gender expression
4. Disability
Law 5. Religion
6. National origin
7. Pregnancy
8. Marriage and civil
partnership
The Many Forms of Harassment

1. Discriminatory Harassment
a. Discrimination against race, gender, religion, age, sexual orientation, disability, national
origin, pregnancy or marriage/ civil partnership
The Many Forms of Harassment

2. Personal Harassment
a. Offensive jokes
b. Inappropriate or rude comments
c. Personal humiliation
d. Overly critical remarks
e. Ostracizing behavior
f. Intimidation tactics
The Many Forms of Harassment
3. Physical Harassment, or Workplace Violence 4. Power Harassment
a. Physical attacks a. Bullying an employee who is lower in
b. Physical threats the hierarchy
c. Physical assault
The Many Forms of Harassment
5. Psychological harassment
a. This is a form of harassing behaviour that
involves repeated hostile and unwanted
words, behaviour, or actions that are
painful, hurtful, annoying, humiliating or
insulting.
b. For example, ridiculing a person,
spreading rumors about them, mocking
or humiliating them or making insulting
remarks.
6. Cyberbullying
a. Usually, it involves offensive emails or text
messages containing jokes or
inappropriate wording towards a specific
individual race, gender, nationality, or
sexual preference. The words have a
direct effect on the bullying target.
b. Another example is an intended personal
email response forwarded without
permission for the whole office to see.
The Many Forms of Harassment
7. Sexual Harassment

This may take two forms:

a. Quid Pro Quo: when a job benefit - such as a pay rise, a promotion, or even continued employment -
is made conditional on the victim acceding to demands to engage in some form of sexual behaviour;
b. Hostile working environment in which the conduct creates conditions that are intimidating or
humiliating for the victim.

Behaviour that qualifies as sexual harassment:

PHYSICAL Physical violence, touching, unnecessary close proximity

VERBAL Comments and questions about appearance, life-style, sexual orientation, offensive

phone calls

NON-VERBAL Whistling, sexually-suggestive gestures, display of sexual materials

What Sexual Harassment Might Look Like
 What To Do If You're Being Harassed at Work

➢ Workplace harassment could lead to poorer mental health, including sleep disorders,
depression, anxiety, post-traumatic stress disorder and symptoms, as well as psychological
distress.

➢ Sexual harassment early in the career has long-term effects on depressive symptoms, which
in turn can affect quality of life, relationships, and professional attainment.
 Document the Incident
So, What Should You Do If Make sure to document every instance of your
You’re Being Harassed at harassment. Details to include:

Work? ➢ Dates
➢ Names of harassers and witnesses
Tell the Harasser to Stop (If It’s Safe to Do So) ➢ Detailed descriptions of what happened/
Examples of what you might say: what was said

➢ "That's harassment. Please stop." Report Severe and/or Repeated Incidents

➢ "Cut it out, that's not funny."
➢ "It may not be your intention, but [insert It’s preferable that you do so by email, for
specific language/behavior] is offensive to documentation purposes.
me. Please stop."
➢ "I don't appreciate when you ... " Who to contact:
➢ "You're making me uncomfortable."
➢ "That's inappropriate/unacceptable in a ➢ Your local HR Office
work environment." ➢ training@dandsltd.com
 How to Intervene If You Witness Harassment at Work
Bystander intervention is a social science model that predicts the likelihood of individuals (or
groups) willing to actively address a situation they deem problematic. A bystander is anyone
who observes a situation.

Thus, bystander intervention gives employees the skills to take small actions that help create and
maintain respectful work environments.
Reasons why people don’t intervene when they witness workplace harassment

➢ “I don’t want to cause any trouble.” - No one wants to add more fuel to a fire, but allowing
a perpetrator to continue the harassment or bullying of others only makes things worse for everyone.
➢ “Someone else will do something.” - If this were true, then it would've stopped already.
You can step in anytime to help someone in need.
➢ “They can take care of themselves.” - If they could do this, then it wouldn't be happening
or they wouldn't be affected by it. If you're seeing it, then it's happening, and more likely than not that
person needs help.
➢ “Maybe I’m just overreacting.” - Harassment can be really subtle or very obvious. You don't
know how badly the victim has been affected, so it's better to tell someone and help instead of doing
nothing.
➢ “I don’t know what to do or say.” - If you're not sure what to do, reach out to HR or
Training for guidance.
Three Steps to Intervention

Recognize harassment when Decide to act. This is a Intervene safely and effectively.
you see or hear it. Educate courageous thing to do,
yourself. and it can make a
difference.
Anti-Harassment and Disciplinary Policies

Anti-Harassment Policy
➢ Our policy states that it is free from all forms of harassment of any employee or
applicant for employment by anyone, including supervisors, co-workers,
vendors, or customers.
➢ Where harassment is determined to have occurred, the Company will
immediately take appropriate disciplinary action, including written warnings
and possible suspension, transfer, and/or termination.
Complaint & Investigation Procedures

Any employee who feels that they have been or are being harassed or
discriminated against is encouraged to immediately inform the alleged harasser
that the behavior is unwelcome.

If a report is needed, it should include all facts available to the employee

regarding the harassment. The only way a resolution can be put into place
regarding a harassment issue is if the Company is notified.
Confidentiality
➢ All reports of harassment will be
treated seriously; however, absolute
confidentiality is neither promised
nor can it be assured.
➢ The Company will conduct an
investigation of any complaint that will
require limited disclosure of pertinent
information to certain parties,
including the alleged harasser.
Investigative procedures
➢ Once a complaint is received,
the Company will begin a
prompt and thorough
investigation.
➢ The investigation may
include interviews with all
involved employees,
including the alleged
harasser, and any
employees who are aware of
facts or incidents alleged to
have occurred.
Disciplinary Action
➢ The Company strives to maintain a lawful, pleasant work
environment where all employees are able to effectively perform
their work without the interference of any type and requests the
assistance of all employees in this effort.
➢ All managers and supervisors are responsible for doing all they can
to prevent and discourage harassment from occurring. If a
supervisor or manager fails to follow this policy he will be
disciplined. Such discipline may include termination.
➢ A note for managers: Managers who are aware of workplace
harassment—and fail to take appropriate action or follow
appropriate reporting procedures—will also be subject to
disciplinary action.
Disciplinary Action
The company reserves the right to take
appropriate disciplinary action for
violating company anti-harassment
policies — including employee
suspension or termination.
 Under no circumstances is it alright for anyone to harass
you. You have worth, value and rights. If a situation is
making you uncomfortable, and you're not sure what to do,
the Training Department team are your advocates. Lean
on us. We will help!