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Discrimination

& Harassment
Management Training
Welcome to the
Discrimination & Harassment
training!
After completing this course, you should be able to:

 Define discrimination, harassment, and retaliation

 Identify protected classes

 Comply with employment laws and company


policies

 Apply discrimination prevention methods in the


workplace
Introduction
As a manager, if you violate any employment laws,
you can be held individually liable for
discrimination, harassment, and retaliation.

That is why you must do your best to maintain a


work environment that is free of such behaviors.

It is important that you set the standard and ensure


all employees are treated equally with respect.

This course will be divided into 4 sections:

Discrimination Harassment

Policies &
Retaliatio
Prevention
n
Module

1 Discrimination
Discrimination would be a term or condition
of employment (such as firing, hiring,
promoting, pay reduction, change in job
assignments, training, demoting) that is a
result of the unjust treatment based on a
protected class.
Module 1 - Discrimination

Signs of Discrimination
Discrimination can result in reduced job
performance. This directly affects the individual,
managers, and the company.

Some of the signs that may indicate discrimination


include:

o Increased Isolation
o Decreased Productivity
o Increased Absenteeism
o Decreased Job Satisfaction
Module 1 - Discrimination

Avoiding Discrimination
When you take an action towards an employee (such
as firing, hiring, promoting, etc.), it is important that
you justify it with a legitimate business purpose.

This will ensure that the actions you take are not for
unlawful reasons such as discrimination.
Module 1 - Discrimination

Employees are protected by employment laws that can be


used if they feel that they have been treated unfairly based
on a protected class.

The following are types of discrimination that are prohibited


in the workplace and are enforced by the Equal
Employment Opportunity Commission (EEOC).

Click on each of the boxes below to learn more.

Age Disabilit Sex


y
Race/Colo Religion Pregnanc
r y
National Genetic Equal
Origin Information Pay
Module 1 - Discrimination

Employees are protected by employment laws that can be


used if they feel that they have been treated unfairly based
on a protected class.

The following are types of discrimination that are prohibited


in the workplace and are enforced by the Equal
Employment Opportunity Commission (EEOC).

Click on each of the boxes below to learn more.

Age Disabilit Sex


y
The Age Discrimination in Employment Act (ADEA)
Race/Colo Religion
prohibits discriminating Pregnanc
someone who is 40 years or
older. y
r
National Genetic Equal
Origin Information Pay
Module 1 - Discrimination

Employees are protected by employment laws that can be


used if they feel that they have been treated unfairly based
on a protected class.

The following are types of discrimination that are prohibited


in the workplace and are enforced by the Equal
Employment Opportunity Commission (EEOC).

Click on each of the boxes below to learn more.

Age Disabilit Sex


The Americans withy Disabilities Act of 1990 forbids
discrimination of an individual because of a disability, history
Race/Colo
of disability, or have aReligion Pregnanc
relationship with someone with a
r disability. Reasonable accommodation is required
y for that
individual.
National Genetic Equal
Origin Information Pay
Module 1 - Discrimination

Employees are protected by employment laws that can be


used if they feel that they have been treated unfairly based
on a protected class.

The following are types of discrimination that are prohibited


in the workplace and are enforced by the Equal
Employment Opportunity Commission (EEOC).

Click on each of the boxes below to learn more.

Age Disabilit Sex


y
According to the Civil Rights Act of 1964, treating an
Race/Colo Religion
individual unfairly on the Pregnanc
basis of their gender is prohibited.
r y
National Genetic Equal
Origin Information Pay
Module 1 - Discrimination

Employees are protected by employment laws that can be


used if they feel that they have been treated unfairly based
on a protected class.

The following are types of discrimination that are prohibited


in the workplace and are enforced by the Equal
Employment Opportunity Commission (EEOC).

Click on each of the boxes below to learn more.

Age Disabilit Sex


y
According to the Civil Rights Act of 1964, discriminating based
Race/Colo Religion
on race is prohibited.
Pregnanc
r y
National Genetic Equal
Origin Information Pay
Module 1 - Discrimination

Employees are protected by employment laws that can be


used if they feel that they have been treated unfairly based
on a protected class.

The following are types of discrimination that are prohibited


in the workplace and are enforced by the Equal
Employment Opportunity Commission (EEOC).

Click on each of the boxes below to learn more.

Age Disabilit Sex


y
According to the Civil Rights Act of 1964, discriminating an
Race/Colo religious beliefs Pregnanc
Religion
individual because of their is prohibited.
r y
National Genetic Equal
Origin Information Pay
Module 1 - Discrimination

Employees are protected by employment laws that can be


used if they feel that they have been treated unfairly based
on a protected class.

The following are types of discrimination that are prohibited


in the workplace and are enforced by the Equal
Employment Opportunity Commission (EEOC).

Click on each of the boxes below to learn more.

Age Disabilit Sex


y
The Pregnancy Discrimination Act (PDA) prohibits
discriminating against women because they are pregnant, gave
Race/Colo Religion
childbirth, or have a medical
Pregnanc
condition related to pregnancy or
r childbirth. y
National Genetic Equal
Origin Information Pay
Module 1 - Discrimination

Employees are protected by employment laws that can be


used if they feel that they have been treated unfairly based
on a protected class.

The following are types of discrimination that are prohibited


in the workplace and are enforced by the Equal
Employment Opportunity Commission (EEOC).

Click on each of the boxes below to learn more.

Age Disabilit Sex


According to the Civil y
Rights Act of 1964, the unfavorable
treatment of individuals because of their ethnicity, accent, what
Race/Colo
part Religion
of the world they’re from, or they’re marriedPregnanc
to someone of
a certain origin, is prohibited. y
r
National Genetic Equal
Origin Information Pay
Module 1 - Discrimination

Employees are protected by employment laws that can be


used if they feel that they have been treated unfairly based
on a protected class.

The following are types of discrimination that are prohibited


in the workplace and are enforced by the Equal
Employment Opportunity Commission (EEOC).

Click on each of the boxes below to learn more.

Age Disabilit Sex


y
Title II of the Genetic Information Nondiscrimination Act of
Race/Colo
2008 (GINA) forbids discrimination Pregnanc
Religion on the basis of genetic
information (ex. Family medical history).
r y
National Genetic Equal
Origin Information Pay
Module 1 - Discrimination

Employees are protected by employment laws that can be


used if they feel that they have been treated unfairly based
on a protected class.

The following are types of discrimination that are prohibited


in the workplace and are enforced by the Equal
Employment Opportunity Commission (EEOC).

Click on each of the boxes below to learn more.

Age Disabilit Sex


y
The Equal Pay Act requires that men and women who work in
Race/Colo Religion
the same establishment Pregnanc
are paid equally if their jobs are
substantially equal. y
r
National Genetic Equal
Origin Information Pay
Module 1 - Discrimination

Knowledge Check
Sam applied for a Solution Specialist job opening. He has
excellent qualifications and 6 years of experience in the
business. Audrey interviewed him for the position, but
decided to not hire him because she prefers for women to
work at her stores. She ends up hiring Michelle, who has
less experience and qualifications than Sam. Do you
believe that discrimination has occurred in this scenario?
Select the correct answer.

Yes. Discrimination No.


did occur. Discrimination
did not occur.
Module 1 - Discrimination

Knowledge Check
Sam applied for a Solution Specialist job opening. He has
excellent qualifications and 6 years of experience in the
business. Audrey interviewed him for the position, but
decided to not hire him because she prefers for women to
work at her stores. She ends up hiring Michelle, who has
less experience and qualifications than Sam. Do you
believe that discrimination has occurred in this scenario?
Select the correct answer.

Yes. Discrimination No.


did occur. Discrimination
. did not occur.
You are correct! Audrey has discriminated by hiring
Michelle, a woman, instead of Sam due to the fact that
he is a man. This action goes against the Civil Rights
Act of 1964.
Module 1 - Discrimination

Knowledge Check
Sam applied for a Solution Specialist job opening. He has
excellent qualifications and 6 years of experience in the
business. Audrey interviewed him for the position, but
decided to not hire him because she prefers for women to
work at her stores. She ends up hiring Michelle, who has
less experience and qualifications than Sam. Do you
believe that discrimination has occurred in this scenario?
Select the correct answer.

Yes. Discrimination No.


did occur. Discrimination
. did not occur.
You are incorrect. Audrey has discriminated by hiring
Michelle, a woman, instead of Sam due to the fact that
he is a man. This action goes against the Civil Rights
Act of 1964.
Module

2 Harassment
Harassment is a form of
discrimination, and it is any
unwelcome verbal or non-verbal
conduct based on a protected
class, such as the ones we discussed
earlier in the lesson – gender, race,
color, religion, national origin,
ancestry, age, pregnancy, mental or
physical disability.
Module 2 - Harassment

Types of Harassment
Harassment includes…

 Derogatory language
 Verbal abuse
 Offensive jokes
 Offensive gestures

Harassment involves a pattern of this type of


behavior directed towards an individual because of a
protected class.
Module 2 - Harassment

Circumstances for
Harassment
Harassment is considered unlawful under two
circumstances:

 It becomes a condition for continued


employment.
 It creates a hostile work environment.

A hostile work environment is created when an


employee’s continuous discriminatory action or
behavior make doing a job almost impossible for
another employee or seriously disrupts their work
environment.
Module 2 - Harassment

Knowledge Check
Dave is a manager who has continually made degrading
slurs related to Ashley’s religion anytime he is around her.
He also continually mentions offensive stereotypes and
jokes regarding her religion. This behavior has continued
for months. Ashley is afraid to speak up because she is
afraid Dave will fire her, and she can’t afford to lose her
job. Do you believe harassment is occurring?

Yes. Harassment is No. Harassment is


occurring. not occurring.
Module 2 - Harassment

Knowledge Check
Dave is a manager who has continually made degrading
slurs related to Ashley’s religion anytime he is around her.
He also continually mentions offensive stereotypes and
jokes regarding her religion. This behavior has continued
for months. Ashley is afraid to speak up because she is
afraid Dave will fire her, and she can’t afford to lose her
job. Do you believe harassment is occurring?

Yes. Harassment is No. Harassment is


occurring. not occurring.

You’re correct! Dave’s behavior has created an offensive


and hostile work environment for Ashley. Therefore, this
would be considered an example of harassment in the
workplace.
Module 2 - Harassment

Knowledge Check
Dave is a manager who has continually made degrading
slurs related to Ashley’s religion anytime he is around her.
He also continually mentions offensive stereotypes and
jokes regarding her religion. This behavior has continued
for months. Ashley is afraid to speak up because she is
afraid Dave will fire her, and she can’t afford to lose her
job. Do you believe harassment is occurring?

Yes. Harassment is No. Harassment is


occurring. not occurring.

You’re incorrect. Dave’s behavior has created an


offensive and hostile work environment for Ashley.
Therefore, this would be considered an example of
harassment in the workplace.
Module 2 - Harassment

Knowledge Check
Sofia has consistently had low sales and is being
outperformed by everyone in her store. Her manager,
Rebecca, is not satisfied with Sofia’s sales performance.
Therefore, she made one or two negative comments
regarding Sofia’s performance. Sofia didn’t like that she
was being criticized for her sales so she went to HR to
complain that she was being harassed by Rebecca. Do you
think that unlawful harassment has occurred?

Yes. Harassment No. Harassment


did occur. did not occur.
Module 2 - Harassment

Knowledge Check
Sofia has consistently had low sales and is being
outperformed by everyone in her store. Her manager,
Rebecca, is not satisfied with Sofia’s sales performance.
Therefore, she made one or two negative comments
regarding Sofia’s performance. Sofia didn’t like that she
was being criticized for her sales so she went to HR to
complain that she was being harassed by Rebecca. Do you
think that unlawful harassment has occurred?

Yes. Harassment No. Harassment


did occur. did not occur.

You’re correct! Harassment has not occurred in this situation. First of all,
this criticism is not based on a protected class. Additionally, the comments
are not continuous, have not become a condition for continued
employment, and they have not created a hostile work environment.
Module 2 - Harassment

Knowledge Check
Sofia has consistently had low sales and is being
outperformed by everyone in her store. Her manager,
Rebecca, is not satisfied with Sofia’s sales performance.
Therefore, she made one or two negative comments
regarding Sofia’s performance. Sofia didn’t like that she
was being criticized for her sales so she went to HR to
complain that she was being harassed by Rebecca. Do you
think that unlawful harassment has occurred?

Yes. Harassment No. Harassment


did occur. did not occur.

You’re incorrect. Harassment has not occurred in this situation. First of


all, this criticism is not based on a protected class. Additionally, the
comments are not continuous, have not become a condition for
continued employment, and they have not created a hostile work
environment.
Module

3 Retaliation
Retaliation is an adverse action against an
employee who filed a charge of discrimination,
complained about discrimination, or participated
in a discrimination investigation or lawsuit.

Actions include:

 Firing
 Harassing
 Discipline
 Terminating
 Reducing Pay
 Demoting

Retaliation of any form is not allowed and will


not be tolerated.
Module 3 - Retaliation

If there is no discrimination…
Retaliation usually occurs after there has been a
complaint made or an investigation is in process
regarding discrimination.

However, if it is found that a discriminatory


action did not occur and you still retaliated
against an employee, the retaliation is still
considered illegal!
Module 3 - Retaliation

Knowledge Check
Anthony filed a charge of discrimination against his
manager, Julie. Julie was upset and decided to assign
different duties to Anthony. She made his new duties very
difficult to accomplish, gave him unreasonable time
constraints, and critiqued his results every time. She then
fired him and said it was due to poor performance. Do you
think Julie retaliated against Anthony?

Yes. Retaliation did No. Retaliation


occur. did not occur.
Module 3 - Retaliation

Knowledge Check
Anthony filed a charge of discrimination against his
manager, Julie. Julie was upset and decided to assign
different duties to Anthony. She made his new duties very
difficult to accomplish, gave him unreasonable time
constraints, and critiqued his results every time. She then
fired him and said it was due to poor performance. Do you
think Julie retaliated against Anthony?

Yes. Retaliation did No. Retaliation


occur. did not occur.

You are correct! Julie’s behavior would be considered


retaliation and it is illegal. Even if the EEOC later determines
that no discrimination actually occurred, Julie would still be
help liable for her retaliation.
Module 3 - Retaliation

Knowledge Check
Anthony filed a charge of discrimination against his
manager, Julie. Julie was upset and decided to assign
different duties to Anthony. She made his new duties very
difficult to accomplish, gave him unreasonable time
constraints, and critiqued his results every time. She then
fired him and said it was due to poor performance. Do you
think Julie retaliated against Anthony?

Yes. Retaliation did No. Retaliation


occur. did not occur.
You are incorrect. Julie’s behavior would be considered
retaliation and it is illegal. Even if the EEOC later determines
that no discrimination actually occurred, Julie would still be
help liable for her retaliation.
Module

4 Policies & Prevention


The company’s policies and procedures
regarding discrimination and harassment
can be found in the Employee Handbook.

It is essential for all managers to comply.

Company Policy: We expect every


employee to be treated with fairness,
respect, and dignity in the workplace. As a
manager, it is your duty to ensure that
discrimination does not occur. If it is
occurring, you must make sure to handle it
promptly.
Module 4 – Policies & Prevention

Prevention Methods
Your goal should be to not engage in any activity
that may emotionally harm employees.

Treat all employees equally and fairly.

Any claims of discrimination or harassment will be


investigated promptly and professionally by the
Human Resources Department.

The claims will also be treated as confidentially as


possible.
Module 4 – Policies & Prevention

Possible Consequences
Any employee who has engaged in discriminatory
actions, harassment, or retaliation in the workplace
will be subject to disciplinary action including
termination.

In any case involving discrimination or harassment,


it is the victim’s perception that counts.

“Innocent” remarks can be perceived as


discriminatory or harassing. Even if you didn’t intend
to discriminate or harass the employee, you can still
be held liable and face any consequences that may
arise.
Module 4 – Policies & Prevention

Reporting Harassment
Make sure that you respond to any discrimination or
harassment complaints from employees promptly.

Human Resource (HR) must be contacted


immediately if there are any complaints.

Remember, do not retaliate against any employee for


exercising their rights under the law.
Important Takeaways
 Discriminating against someone because of their
protected class is illegal and against our company
policy.

 Treat every employee equally with fairness and


dignity.

 The victim’s perception is what counts.

 All claims should be taken care of immediately.

 Refrain from retaliating against an employee in


response to their claim.
Congratulations!
You have completed the
Discrimination & Harassment
Management Training

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