Conducting Harassment Prevention Training and Harassment Investigations

Presented by Ron Page Human Resources Consultant CGI Employee Benefits Group
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What do you want to know?

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Agenda

Harassment Training Trends

Business skills vs. job skills General harassment Need for training Handling complaints properly Who to involve Train supervisors
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Investigations

Ground Rules

Training environment

Its all about me! For this training to be helpful, I need to _______. Talk about specific people after with trainer or HR. Keep confidences.

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Harassment Prevention Training

Determine your audience Develop content Review policies

EEO Sexual harassment Respectful workplace Safety

Internal or external resources

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Where to Start?

Whos who?

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Making the Team Machine

Different individuals Different backgrounds Different experiences Different viewpoints

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Tell me About This Company

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What Makes a Good Place to Work?

Provide a work environment where employees:

Are treated with respect, Are treated fairly, and Feel safe.

Without this employees will look for jobs elsewhere.

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Why are we here?

It is our responsibility to provide a safe environment. Harassment continues to be a problem in the workplace. Need to be vigilant in preventing harassment from occurring.

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Training Objectives

Understand what harassment is. Know how to deal with it. Learn that it may be unlawful. Understand that it will not be tolerated. Know how complaints are handled.

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What is Harassment?

A form of discrimination. Behavior that is both unwelcome and offensive. Severe and pervasive. Verbal, Non-Verbal, Physical

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Definition of Legal Harassment

Unwelcome comments or other conduct that Affects employment decisions. Interferes with work performance. Creates an intimidating, hostile or offensive work environment. Quid Pro Quo
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Protected Classes

Age Race Color Sex and sexual orientation National Origin Religion Citizenship Marital Status Disability Veterans Status
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Types of Behavior Is It or Isnt It?

Unwanted advances. Racial or religious jokes. Comments on ethnic background. Talking about sexual topics. Displaying suggestive objects, pictures, or cartoons. Leering, whistling, and suggestive comments.
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General Guideline
Would

you say it or do it in front of:

Your Parent? Your Child? Your Significant Other?

If you would not, than you probably should not.
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What if you feel you are being harassed?

Tell the person. Tell your supervisor. Tell human resources. Tell someone.

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Employees Role

Do: Speak up and tell the person you do not like their behavior and to stop. Request what you want by saying :
What

the behavior is that bothers you. How it makes you feel.

Go to a supervisor or human resources.

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Employees Role

Dont: Assume it will go away if you ignore it. Try to deal with severe harassment alone. Participate in inappropriate behavior. Allow someone else to treat people poorly.

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If a Complaint is Made

It will be taken seriously. It will be investigated promptly. Interviews will be conducted to gather information. Findings will be based on fact. Action will be taken to stop harassment if it is determined it has occurred.
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Summary

People want a work environment where they are treated with respect. Where they are treated fairly. Where they feel safe.

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Management Responsibility

What can you do to Prevent and Stop harassment?

Take it seriously Deal with it directly and immediately Understand the how to handle a complaint Maintain open door policy Be aware of the work environment Communicate with your employees Set an example

Act when you know or should have known.

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When an Employee Complains

Get Specifics

Who? What? When? Where? How?

Get Help Document, document, document

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Did I Say..
Document!

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Less Severe Problem

Coach employee on dos and don'ts. Provide education. Follow up with employee. Monitor situation. Involve HR if situation is not resolved. Document.

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More Severe Situations

Consult with HR to determine action plan:

Who will conduct investigation? Who does interviews? Review policy and personnel files. Make determination. Determine if discipline or other action is warranted. Follow-up with complainant and harasser.
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Prevention Steps

A good policy Education Acting appropriately Commitment

Be aware and lead by example

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Investigations

Initial Steps

Acknowledge complaint. Relay intent to investigate promptly. Create action plan. Determine if interim action needed. Do I need help?

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Investigations

Set up Confidential Investigative File Determine if there may be physical evidence that needs to be protected. Coordinate efforts with supervisor.

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Conduct Interviews

Complainant Witnesses and others. Subject of complaint. Additional witnesses and follow-ups. In person by phone.

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Preparation

Prepare outline of questions. Conduct in private. If possible, have another member of management present. Use open-ended questions. Limit to business related matters. Let employee tell the story.
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Investigative Technique

Journalistic approach

Who was involved? What happened? When did it happen? Where did it happen? How did it happen?

Focus on facts Attempt to get a written statement, but dont insist.

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The Interview

Purpose Need their help. Confidential nature. No retaliation and report any attempts. General to specific questions. Ask employees for others that can corroborate information. From victim What would they like to see happen? Need for follow-up. Review and have sign interview summary.
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Things to Avoid

Detain or restrict employees. Make accusations or brow beat. Disclose more than a need to know. Lead a witness. Promise confidentiality. Jump to conclusions.

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Did I Say..
Document

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Review Documentation Then Act

Policies Personnel files Prior investigations Investigation findings Make determination based on facts:

Substantiate or refute allegations. No determination.

Take action when appropriate.

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Level of Proof Needed

Prove it! Ive got a feeling. Shes believable. Theres a smidgen of truth. Its more likely than unlikely. Its a no brainer.

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Taking Action

Determine level of action:

Form education up to termination.

Consult legal advice if warranted. Meet with employee to explain action being taken and reason. Close the loop with complainant general terms. Remind about retaliation or further problems. Record action taken in employees file.

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Write up Findings

State the complaint. Summarize investigation:

Indicate those interviewed Indicate records reviewed

State findings Did the behavior violate company policy?

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Follow-Up

Check in with complainant. Check in with supervisor. Monitor work area.

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Summary

Youre good to go! Questions???

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