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189 - Harassment - Sex, Religion and Beyond - Employees - Study Guide
189 - Harassment - Sex, Religion and Beyond - Employees - Study Guide
and Beyond
EMPLOYEE Version
STUDY GUIDE
Presented by
KANTOLA Productions
Additional copies of this guide are available from
All rights reserved. No part of this book may be reproduced or transmitted in any form or by
any means, electronic or mechanical, including photocopying, recording, or by any information
storage and retrieval system, without permission in writing from Kantola Productions, LLC.
This guide is for educational purposes only and is not intended to substitute for the advice of
counsel. Because this guide cannot address your specific situation, please use your own judgment
and the assistance of a qualified legal professional to the extent you believe appropriate.
Table of Contents
Table of Contents
Pre-test —
Preface 1
Introduction 3
Discrimination and the Law 5
Hostile Environment Harassment 9
Quid Pro Quo Harassment 15
“Victims” and “Harassers” 19
Action Steps for Victims and Witnesses 25
Retaliation 29
Summary – A Commonsense Approach 33
Post-test —
Preface
Preface
This study guide is designed to be used as a supplement to the
video Harassment: Sex, Religion and Beyond and to provide you
with a review of the definition of illegal harassment, examples of
behaviors that “cross the line,” and exercises that will increase
your awareness of what is legal and what is not.
The pre-test should be taken before viewing the video, and the
post-test should be taken at the end of the training session. Your
trainer may ask that you remove the completed post-test from your
workbook, sign it, and turn it in for recordkeeping purposes.
© Kantola Productions, LLC
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Harassment: Sex, Religion and Beyond
2
Introduction
Introduction
This study guide accompanies the training video program,
Harassment: Sex, Religion and Beyond.
3
Harassment: Sex, Religion and Beyond
We’ll talk about federal, state and local laws that protect our rights
as individuals. But rather than limiting our focus to purely legal
issues, we’ll also emphasize civility and common decency. We’ll
show how speaking up about bad behavior before it becomes
severe or persistent can help bring about better behavior —
and even help misbehaving coworkers to avoid more serious
disciplinary measures.
Bottom line: if everyone gets along and treats each other with
respect, your workplace will be more pleasant and less stressful.
Which makes your job easier, every day!
4
Discrimination and the Law
5
Harassment: Sex, Religion and Beyond
In 1964, Congress passed the Civil Rights Act. Title VII of that
Act prohibited discrimination in the workplace based upon five
“protected characteristics”: race, color, religion, national origin
and sex.
6
Discrimination and the Law
Discussion Questions:
Q) How do you know what is covered and what isn’t covered?
Especially since federal law continues to evolve?
7
Harassment: Sex, Religion and Beyond
8
Hostile Environment Harassment
9
Harassment: Sex, Religion and Beyond
Verbal
• Slurs
• Comments
Visual
• Gestures
• Posters
• Cartoons
• T-Shirts
Physical
• Assault
• Interference
10
Hostile Environment Harassment
Discussion Questions:
Q) In the video, we saw a waiter commenting on his coworker’s
accent in a rude way. It certainly seemed hostile, but was it illegal?
And what about the second waiter intentionally mispronouncing
his coworker’s name as a “joke”?
11
Harassment: Sex, Religion and Beyond
A) It’s not easy to stick up for coworkers when others are picking
on them. But peer pressure can be a force for good just as much
as a force for bad behavior. One individual’s decision to do the
right thing can usually bring others around and have an important
impact on the inclusiveness of any workgroup.
A) Again, one joke or remark does not usually mean that you are
a harasser, and does not usually meet the threshold of “ongoing,
pervasive or severe” conduct that would make the behavior
unlawful. But if you make a mistake and a colleague or coworker
is offended by something you do or say, it is best to acknowledge
the accidental slip and apologize right away. This makes for a
better atmosphere for everyone, and avoids hard feelings. Going
forward, take care to behave consistently in a manner that repairs
your image and rebuilds trust.
12
Hostile Environment Harassment
13
Harassment: Sex, Religion and Beyond
14
Quid Pro Quo Harassment
“Quid pro quo” means “this for that.” Quid pro quo harassment
involves someone with influence or authority over the victim who
is using his or her position to gain sexual favors. This person might
be a supervisor, able to reward the victim with good performance
© Kantola Productions, LLC
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Harassment: Sex, Religion and Beyond
Quid pro quo harassment can take place in a person’s actual place
of employment or in any work-related environment.
16
Quid Pro Quo Harassment
Discussion Questions
Q) When I was first starting out, I had a manager who insisted that
I join him for socializing and drinks after work. All I really wanted
to do was go home at the end of the day, but I went along with it
because I wanted to be on his good side. Was this quid pro quo
harassment?
conduct occurs.
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Harassment: Sex, Religion and Beyond
18
“Victims” and “Harassers”
But your intention is not what counts. It’s the reaction of the
people around you that determines if your behavior is harassment
or not.
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Harassment: Sex, Religion and Beyond
Unwelcome Conduct
Conduct that is not requested,
not appreciated, and not reciprocated
Behavior that feels pleasant and welcome from one person may
seem too intimate — and not at all welcome — from a coworker
who is disliked or not close. For example, a positive comment
to a colleague on the success of his or her recent diet may be
“welcome” coming from a close friend, but may seem much too
personal if announced in front of others by someone who just
happens to work in the same building. In fact, both the setting and
the individuals need to be taken into account.
20
“Victims” and “Harassers”
It’s also important to remember that not only men are harassers
and not only women are victims. The truth is, of course, that
women can harass men and other women, and men can harass
men. It’s the unwelcome behavior that matters, not the gender of
the parties involved.
it attracts attention from others who are not friends — and that’s
when problems start.
21
Harassment: Sex, Religion and Beyond
Discussion Questions
Q) Am I going to get in trouble if I pay someone a compliment?
For example, is it OK to say something like, “Wow, you look great
today,” or is this harassment?
22
“Victims” and “Harassers”
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Harassment: Sex, Religion and Beyond
If you are not comfortable telling the harasser directly, talk to your
boss or someone in human resources. Or, talk to your boss’s boss
or anyone else in your chain of command. Your organization will
want to know if you are feeling harassed at work so something can
be done about it.
Discussion Questions:
Q) What if someone complains about MY behavior or accuses me
of acting inappropriately?
© Kantola Productions, LLC
A) STOP immediately!! Don’t wait for a chat with your boss. Don’t
wait for a call from HR. Don’t wait until a formal complaint is
filed. Don’t wait for a lawsuit!
25
Harassment: Sex, Religion and Beyond
26
Action Steps for Victims and Witnesses
27
Harassment: Sex, Religion and Beyond
Retaliation
When we think of retaliation, we often think of court cases
involving employers who fired individuals for rejecting unlawful
behavior.
28
Retaliation
29
Harassment: Sex, Religion and Beyond
Discussion Questions
Q) OK, but isn’t it just human nature to be hurt or angry if
someone complains about you? Wouldn’t you just naturally avoid
them?
30
© Kantola Productions, LLC
31
Retaliation
Harassment: Sex, Religion and Beyond
Keep in mind: it’s not just workplace activities that can cause
trouble. With the almost universal presence of cell phones, laptops
and other electronic devices, you need to think carefully about
how certain activities that you participate in on your own time
might spill over into your workplace. If someone sends you an
offensive email, don’t forward it to anyone (even if you’re pretty
sure they’ll like it). Emails, comments and photos you post online
can gain a life of their own and come back to haunt you.
32
Summary – A Commonsense Approach
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Harassment: Sex, Religion and Beyond
NOTES:
34