agenda - Fresno Housing Authority

Transcription

agenda - Fresno Housing Authority
AGENDA
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
www.fresnohousing.org
Joint Meeting of the Boards of Commissioners
of the Fresno Housing Authority
12pm September 18, 2014 – Parc Grove Commons Community Building
2674 E. Clinton Avenue, Fresno, CA 93721
Interested parties wishing to address the Boards of Commissioners regarding
this meeting’s Agenda Items, and/or regarding topics not on the agenda but
within the subject matter jurisdiction of the Boards of Commissioners, are
asked to complete a “Request to Speak” card which may be obtained from the
Board Secretary (Tiffany Mangum) at 11:45 a.m. You will be called to speak
under Agenda Item 3, Public Comment.
The meeting room is accessible to the physically disabled, and the services of a
translator can be made available. Requests for additional accommodations for
the disabled, signers, assistive listening devices, or translators should be made
at least one (1) full business day prior to the meeting. Please call the Board
Secretary at (559) 443-8475, TTY 800-735-2929.
12pm Board Training
PAGE #
1. Call to Order and Roll Call
2. Public Comment
This is an opportunity for the members of the public to address the
Boards of Commissioners on any matter within the subject matter
jurisdiction of the Boards of Commissioners that is not listed on the
Agenda. At the start of your presentation, please state your name,
address and/or the topic you wish to speak on that is not on the
agenda. Presentations are limited to a total of five (5) minutes per
speaker.
3. Harassment Training Pursuant to AB 1825
Facilitated by:
Kevin Dale, Legal Counsel
Atkinson, Andelson, Loya, Ruud, Romo
4. Adjournment
Sexual Harassment Prevention/Awareness Training
Acknowledgement
ACKNOWLEDGMENT OF PROHIBITION
AGAINST SEXUAL HARASSMENT POLICY
CONFIRMATION OF ATTENDANCE OF MANDATORY
SEXUAL HARASSMENT TRAINING
I acknowledge that I have received copies of the Fresno Housing Authority policy against
sexual harassment, and agree to promptly review these documents.
I further acknowledge that I attended and completed a two (2) hour training course on
Sexual Harassment Prevention!Awareness presented by Kevin R. Dale, an attorney with
Atkinson, Andelson, Loya, Ruud & Romo, a Professional Law Corporation.
DATE: September 18,2014
SIGNATURE:, _ _ _ _ _ _ _ _ __
PRINT NAME:, _ _ _ _ _ _ _ _ __
wwwJresnohousing.org
1331 Fulton Mall, Fresno, California 93721
(559) 443-8400
TTY (800) 735-
Policy Against Harassment and Discrimination
Illtroduction
The Fresno Housing Authority (the "Agency") strives to create and maintain a work environment in
which people are treated with dignity, decency and respect. The environment of the Agency should be
characterized by mutual trust and the absence of intimidation, oppression and exploitation. Employees
should be able to work and learn in a safe, yet stimulating atmosphere. Therefore, the Agency expects
that all relationships among persons in the office be professional and free of bias, prejudice and
harassment. The accomplishment of this goal is essential to the mission of the Agency. For that reason,
the Agency will not tolerate harassment or discrimination of any kind. Through enforcement of this
policy and procedure and by education of its employees, the Agency will seek to prevent, correct and
discipline any behavior that violates this policy.
This policy applies to all applicants and employees, whether related to conduct engaged in by fellow
employees or by someone not directly connected to the Agency (e.g., an outside vendor, independent
contractor, consultant, or customer). Conduct prohibited by this policy is unacceptable in the workplace
and in any work-related setting outside the workplace, such as during business trips, business meetings
and business-related social events.
Purpose
The Agency has developed this policy to ensure that all its employees can work in an environment free
from harassment, discrimination and retaliation. The Agency will make every reasonable effort to ensure
that all concerned are familiar with this policy and are aware that any complaint in violation of this policy
will be investigated and resolved appropriately, as outlined in the Procedure Against Harassment and
Discrimination.
This policy applies to all Agency employees, officers, and commissioners, as well as to persons not
directly connected to the Agency (e.g., an outside vendor, independent contractor, consultant, or
customer). An employee's failure to comply with this policy may result in disciplinary action up to and
including termination. Persons who violate this policy may also be subject to civil damages or criminal
penalties. Individual commissioners who violate this policy may be sanctioned by the Board or,
depending upon the violation, may be subject to penalty by federal, state, or local regulatory bodies.
Anyone who has questions or concerns about this policy should speak with the Human Resources
Manager or a member of management.
Policy Against Harassment and Discrimination. Issued 812712014
www.fresnohousing.org
1331 Fulton Mall, Fresno, California 93721
(559) 443-8400
TTY (800) 735-
Policy
The Agency shall not engage in or tolerate discrimination or harassment against employees or applicants
for employment on the basis of actual or perceived race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran status or any other
basis protected by law. All employees or applicants for employment are to be treated with respect and
dignity. It is the responsibility of all employees to adhere to and implement this policy. The Agency has
zero tolerance for any conduct that violates this policy. Conduct need not rise to the level of a violation of
the law in order to violate this policy. Instead, an employee's failure to follow the policy provides
grounds for disciplinary action up to and including termination of employment or vendor contracts.
Persons who believe they have experienced any form of discrimination or harassment are encouraged to
report this conduct to the Human Resources Manager or a member of management immediately.
Objective
The objective of the Agency in implementing and enforcing this policy is to define workplace harassment
and discrimination, prohibit inappropriate conduct in all forms, carry out appropriate disciplinary
measures in the case of violations of this policy, and provide procedures for the lodging and investigation
of complaints regarding conduct that violates this policy.
The Agency, in compliance with all applicable federal, state and local anti-discrimination and harassment
laws and regulations, enforces this policy in accordance with the following definitions and guidelines:
Discrimination
It is a violation of this policy to discriminate in the provision of employment opportunities, benefits or
privileges; to create discriminatory work conditions; or to use discriminatory evaluative standards in
employment if the basis of that discriminatory treatment is, in whole or in part, based on the person's
actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, military and veteran status or any other basis protected by law.
Discrimination is prohibited by a variety of federal, state and local laws including the Fair Employment
and Housing Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the
Americans with Disabilities Act of 1990, and the Americans with Disabilities Act Amendments Act of
2008. This policy is intended to comply with the prohibitions stated in these anti-discrimination laws.
Policy Against Harassment and Discrimination. Issued 8/27/2014
FRESNO~~!t~~!
Sge~I~XHOUSING
AUTHORITY~~s9~~~
www.fresnohQusing.org
1331 Fulton Mall, Fresno, California 93721
(559) 443-8400
TTY (800) 735-
Harassment
The Agency prohibits harassment, including sexual harassment, of any kind, and will take appropriate
and immediate action in response to complaints or knowledge of violations of this policy. For purposes of
this policy, harassment is any verbal or physical conduct designed to threaten, intimidate or coerce an
employee, co-worker or any person working for or on behalf of the Agency.
The following examples of harassment are intended to be guidelines and are not exclusive when
determining whether there has been a violation of this policy:
Verbal harassment includes comments that. are offensive or unwelcome regarding a person's
actual .or perceived race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, military and veteran status or any other basis
protected by law, including epithets, slurs and negative stereotyping.
Nonverbal harassment includes distribution, display or discussion of any written or graphic
material that ridicules, denigrates, insults, belittles or shows hostility, aversion or disrespect
toward an individual or group because of actual or perceived race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity; gender expression, age, sexual orientation, military
and veteran status or any other basis protected bylaw.
Sexual Harassment
Sexual harassment is a form of unlawful employment discrimination and is prohibited under this policy.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature when submission to or rejection of such conduct is used as the basis
for employment decisions or such conduct has the purpose or effect of creating an intimidating, hostile or
offensive working environment.
There are two types of sexual harassment:
"Quid pro quo" harassment, where submission to harassment is used as the basis for
employment decisions (e.g., employee benefits such as raises, promotions and better working
hours, etc.). Only someone in a supervisory capacity (with the authority to grant such benefits)
can engage in quid pro quo harassment.
"Hostile work environment" occurs where harassment creates an offensive and unpleasant
working environment. A hostile work environment can be created by anyone in the work
environment, whether it be supervisors, other employees, customers, or vendors. A hostile work
environment can occur where an employee is subjected to verbiage of a sexual nature,
Policy Against Harassment and Discrimination. Issued 8/27/2014
www.fresnohousing.org
1331 Fulton Mall, Fresno, California 93721
unwelcome sexual materials, unwelcome physical contact,
environment.
~tc.,
(559) 443-8400
TTY (800) 735-
as a regular part of the work
Sexual harassment may take different forms. The following examples of sexual harassment are intended
to be guidelines and are not exclusive when determining whether there has been a violation of this policy:
Verbal sexual harassment includes innuendoes, suggestive comments, jokes of a sexual nature,
sexual propositions, lewd remarks and threats; requests for any type of sexual favor (this
includes repeated, unwelcome requests for dates); and verbal abuse or "kidding" that is sexual in
nature and unwelcome.
Nonverbal sexual harassment includes the distribution, display or discussion of any written or
graphic material, including calendars, posters and cartoons that are sexually suggestive or show
hostility toward an individual or group because of sex; suggestive or insulting sounds; leering;
staring; whistling; obscene gestures; content in letters and notes, facsimiles, e-mail, photos, text
messages, tweets and internet postings; or other form of communication that is sexual in nature
~
and offensive.
Physical sexual harassment includes unwelcome physical contact, including touching, tickling,
pinching, patting, brushing up against, hugging, massaging, cornering, kissing, fondling, etc.
Retaliation
The Agency encourages all employees to utilize this policy and the complaint procedure and prohibits
any form of retaliation in this regard. Specifically, no reprisals may be imposed on an employee in
response to:
Filing or responding to a bona fide complaint of harassment or discrimination;
Appearing as a witness in the· investigation of a complaint of harassment or discrimination;
and/or,
Serving as an investigator of a complaint of harassment or. discrimination.
Any person who engages in retaliation will be subject to disciplinary action up to and including
termination of employment.
Consensual Romantic or Intimate Relationships
The Agency strongly discourages romantic or intimate relationships between a manager or other
supervisory employee and his or her staff (an employee who reports directly or indirectly to that person)
because such relationships tend to create compromising conflicts of interest or the appearance of such
conflicts. In addition, such a relationship may give rise to the perception by others that there is favoritism
or bias in employment decisions affecting the employee. The atmosphere created by such appearances of
Policy Against Harassment and Discrimination. Issued 8/27/2014
www.fresnohousing.org
1331 Fulton Mall, Fresno, California 93721
(559) 443-8400
TTY (800) 735-
bias, favoritism, intimidation, coercion or exploitation undermines the spirit of trust and mutual respect
that is essential to a healthy work environment.
If any employee of the Agency enters into a consensual relationship that is romantic or intimate in nature
with a member of his or her staff (an employee who reports directly or indirectly to him or her), or if one
of the parties is in a supervisory capacity in the same department in which the other party works, the
parties must notify the Human Resources Manager or other appropriate director/officer. Because of
potential issues regarding. quid pro quo harassment, the Agency has made reporting of these types of
consensual relationships mandatory. This requirement does not apply to employees who do not work in
the same department or to parties who do not supervise or otherwise manage responsibilities over the
other.
Once the relationship is made known to the Agency, the Agency will review the situation with Human
Resources in light of all the facts (reporting relationship between the parties, effect on co-workers, job
titles of the parties, etc.) and will determine whether one or both parties should be moved to another job
or department. This determination will be based on which move will be least disruptive to the Agency as
a whole. If it is determined that one or both parties must be moved, but no other jobs are available for
either party, the parties will be given the option of terminating their relationship or resigning.
Responsibility
Each and every employee, officer, and commissioner is required to abide by the provisions set forth in
this policy. The Executive Director or his/her designee is responsible for the administration,
interpretation, and application of this policy and procedure. The Boards of Commissioners are
responsible for policy adoptions and revisions.
Policy Against Harassment and Discrimination. Issued 812712014
,
t·
l
Sexual Harassment Prevention
Awareness Training
Presented by: Kevin R. Dale, Partner
Fresno Housing Authority
September 18,2014
Atkinson, Andelson
Loya, Ruud & Romo
A Professional
.
Cerritos
e
!Fresno
0
nrviliH~
"
l?leasaft]tolli
0
River~dcle
0
Sacramento"
Law Corporation
San Diego
1------------------_, Sex.ual Harassment Prevention
, & Awareness Training
aalrr
Atkinson, il.l1delsoll
Loya, Ruud 8< ROlllo
It
h"(~H'~""'; ~"r; ,:",~<I''''''''~
Today's Objectives
~ Define rights of employees
~ Outline responsibilities of managers & employees
~ Limit liability by using proper tools
~ Reduce sexual harassment in the workplace
Harassment Is ...
!. Unlawful
• Costs employers money
• Impacts productivity
i.'~
©2014 Atkinson; Andelson, Loya, Ruud & Romo
1
The same laws that prohibit discrimination
also prohibit harassment.
Today's session is state mandated sexual
harassment training: Federal laws also .
protect employees from harassment.
The Law - State and Federal
What Are "Protected Classes"?
''1'
National Origin
©2014 Atkinson, Andelson, Loya, Ruud & Romo
2
-----~------
What Are "Protected Classes"?
fjf Race
fjf' Marital Status
fjf Color
fjf' Gender Identity
fjf Religious Creed
fjf Age
fjf Sex
fjf Military Status
fjf National Origin!
r
Ancestry
fjf Physical! Mental
fjf. Gender!
Disability
fjf Medical Condition
Perception &
Association
Pregnancy
fjf Sexual
Orientation
Today'sFocus
LJ Race
i
-!
Marital Status
Color
Gender Identity
Religious Creed
Age
fjf Sex
Military Status
~l National Origin!
Ancestry
Perception &
Association
LJ
Physical! Mental
Disability
fjf' Gender!
Medical Condition
fjf Sexual
Pregnancy
Orientation
New Legislation (Eff. January 1, 2015)
On September 9, 2014, Govemor Brown Signed AB 2053,
which amends the Fair Employment and Housing Act.
Govemment Code section 12950.1 now defines "abusive
conduct" and requires that this be included in employerprovided AB 1825 training.
©2014 Atkinson, Andelson, Loya, Ruud & Romo
3
New Legislation (Eff. January 1, 2015)
"Abusive Conduct" means:
·Conduct of an employer or employee in the workplace, with
malice, that a reasonable person would find hostile,
offensive, and unrelated to an employer's legitimate business
interests. Abusive conduct may include repeated infliction of
verbal abuse, such as the use of derogatory remarks, insults,
and epithets, verbal and physical conduct that a reasonable
person would find threatening, intimidating, or humiliating, or
the gratuitous sabotage or undermining of a person's work
performance. A single act shall not constitute abusive
, conduct, unless especially severe and egregious. "
''-
,
Questions You Might Ask Yourself
What is Sexual Harassment?
unwanted ver.ba/. physical.
sexual nature thai' Occurs
certain coriCfitions Such
©2014 Atkinson, Andelson, Loya, Ruud & Romo
4
Who is Liable?
B .
Ads of '"peM'o", & manage",
Employers , . . Co-workers
• Non-employees
i
Supervisors,
Managers,
, Employees
~. Personal liability
,,,,-
8aIrr
"
. Agency Regulations & Definitions
• The California Fair Employment and Housing
Commission (FEHC) and the federal Equal
Employment Opportunity Commission (EEOC)
issue regulations concerning workplace sexual
harassment.
• Both agencies define sexual harassment in their
administrative regulations.
! Agency
Definitions
• Quid Pro Quo
• Hostile Work
Environment
What is."
.. Quid Pro Quo?
THIS FOR THAT
• Submission to
unwelcome sexual
conduct as a ~erm or
condir.ion of
en:lplqyment
Explicit
A female supervisor squeezes an employee's leg during his performance
· evaluation and tells him he will receive a higher rating If he sleeps with her.
Implicit
The boss tells Jane that when she wears that low cut blouse, it makes
..•... ........... .. ."daddY:..happy,..and..!'when daddys.happy.veryonaJs.happy....
.•
8alrr
©2014 Atkinson, Andelson, Loya, Ruud & Romo
5
:Scenario 1: "Dirty Work'"
John Jones was employed
as a groundskeeper. Mr.
Jones worked on an eight
person crew. There were
no females working on the
crew. The eight man crew
were constantly joking
with each other, roughhousing and using various
sexuai innuendos .
. Dirty Work
Mr. Jones claims he was
subjected to sex related
humiliating actions, including
physical.assault and threats of
rape.
Mr. Jones c;omplained about
this conduct to management,
but they did not respond.
Fearing for his safety, Mr.
Jones resigned his position .
. ..L.
'Dirty Work
What type of harassment would this be? Why?
o
o
o
Quid Pro Quo Harassment
Hostile Work Environment
Same-Sex Harassment
. 0 Non-Employee Harassment
o
.•.................
Third-Party Harassment
.....................~
aaIrr
©2014 Atkinson, Andelson, Loya, Ruud & Romo
6
"
. >
Dirty Work
What should management have done
differently?
Should John have responded differently?
Do you think these men are aware of the
impact their behavior has on others? Should
they be?
"
What is a Hostile Work Environment?
"
hostile
offensive
. Examples
{VISUAL}
rL
rL
rL
rL
Leering
Staring
Sexual gestures
Lewd faces
{PHYSICAL}
rL Kissing
rL Hugging
rL Massaging
~. Grabbing
rL Spanking
fiif Impeding/blocking
fiif Following
......................................................................................................................................................................
©2014 Atkinson, Andelson, Loya, Ruud & Romo
7
Examples
{VERBAL}
{WRITTEN-}
'fI'
FouVObscene
..
Language
fit Pornography
Derogatory Comments 'fI'.
Epithets/Slurs
'Posters
.'{if Calendars
Jokes
."
!it E-mails
PropOSitions
rif Text messages
Cat CalislWhistling
'{if Greeting cards
Continuing to Express
Interest
'fI' Notes
'fI'
'fI'
~
'fI'
'fI'
'i!I'
'{if Cartoons
purposes only and are not all inclusive.
Can a person to whom the
behavior is NOT directed
complain of harassment?
Unsolicited or Unwelcomed?
The test is whether
the sexual advance or
conduct was
unwelcome, NOT
whether the victim's
participation was
voluntary
The victim need not
object to the harasser
or make his or her
discomfort know to the
harasser.
©2014 Atkinson, Andelson, Loya, Ruud & Romo
8
"
, Scenario 2: "Did she ask for it?"
A female employee working in
an all male department often
teUs dirty jokes during lunch.
:Scenario 2: "Did she ask for
, One day, one of the guys
makes a comment about her
"not easy on the
: eyes." She objects and
; being
reports the comment to you.
©2014 Atkinson, Andelson, Loya, Ruud & Romo
9
Reasonable Person Test
Intent vs. Impact
Intent does l"Iot
matter: the intent is
not relevant in
determining whether or
not a behavior is
sexual harassment
Impact matters: the
impact of the behavior
on the work
environment or victim
is what matters
Severe or Pervasive?
The environment must be sufficiently severe or pervasive to
alter conditions of the victim's employment and create an
abusive working environment.
Was the Conduct ...
•
Verbal or physical?
•
Repeated?
•
Hostile or patently offensive?
. l8alrr. . ..
©2014 Atkinson, Andelson, Loya, Ruud & Romo
10
Severe or Pervasive?
The environment must be sufficiently severe or pervasive to
alter conditions of the victim's employment and create an
abusive working environment.
Was the Harasser...
•
A co-worker or supervisor?
Was the Harassment ...
•
Directed at more than one individual?
Did others Join ...
•
.~
In perpetrating the harassment?
A single isolated incident of offensive sexual conduct is normally NOT
enough to prove a hostile environment.
aalrr
Totality of the Circumstances
Relationships
I'
To determme whether a hostile work
environment exists, courts consider the
surrounding circumstances, expectatIOns, and
relationships in the work environment.
The Manager's Role in
Responding to a
Harassment Complaint
©2014 Atkinson, Andelson, Loya, Ruud & Romo
11
· A Manager's Role
Your response to a sexual harassment
incident is governed by your employer's
policies and procedures which define:
Complaints
~
Who is responsible for
handling complaints?
Investigations
., Who is responsible for
conducting an
.. What communication
is expected or
investigation?
required?
Before Harassment Occurs:
Build the proper foundation to prevention
, ,
",
i Communicate lhe ronitor your
i District's
~
harassment
i policy.
department and
know your people
.
-.
,
Treat people with
Crealeopen
respect and
communication
,
encourage your team with your staff.
to do the same.
.
3alrr
Whether an employee makes
a written complaint, a verbal
complaint, or a report from a
third party, or you witness
inappropriate behavior, the
most important thing is to
RESPOND!
©2014 Atkinson, Andelson, Loya, Ruud & Romo
12
If an employee complains to you ...
<0 Listen objectively and impartiall),
..
•
e
..
l~
Ask for the whole story or ask the employee to write
down the complaint
Observe their behavior and demeanor
Ask who, what, when, where, why and how
questions.
:0 Ask the employee to demonstrate if possible
8aJ.rr
If an employee complains to yOU .. .
"
Ask the employee if others witnessed the incident
(0 Take thorough notes
e
o
G
.'
•
Make the employee feel comfortable and reassure
the employee that you will handle the situation.
Remind the employee that retaliation will not be
tolerated and to bring any additional issues to your
attention.
Respond according to your company's policies and
procedures
Never promise confidentially - assure the
F!mnln'vF!F! that only those individuals who need to know
If You Witness Inappropriate Behavior...
Approach the employee and discuss how the
behavior is inappropriate
Determine if the receiving party was offended
Investigate if this was an isolated incident
Document any conversation you have with
employees regarding inappropriate behavior
Inform HR and/or management of the behavior and
your discussions
©2014 Atkinson, Andelson, Loya, Ruud & Romo
13
Employer Liability
For Acts of Supervisors and Managers
Employers can be subject to
strict liability for sexual
harassment in the workplace by
their supervisors and managers.
8.alrr
, Employer's Liability for the Acts of NonEmployees
• As with co-worker sexual harassment, an
employer is liable if it knew or should have
known of the harassment and failed to take
reasonable steps to stop and prevent the
harassment.
..
."
Employee's Personal Liability
• Employees may be held personally liable for
sexual harassment under FEHA, Title VII, and
standard tort theories.
• Even employees who do not engage in sexual
harassment, but knowingly allow it to
continue or fail to act to stop it, may be found
personally liable .
•..................
3alrr
©2014 Atkinson, Andelson, Loya, Ruud & Romo
14
Employer Obligations to Defend and
Indemnify Employees
• Employers generally have an obligation to
defend and indemnify employees in lawsuits
brought against them for conduct in the course
and scope of their employment.
Sexual harassment is a
notable exception to this rule.
Which of the following behaviors is not sexual
harassment?
A. A provocatively-dressed female employee complains that a
male coworker told her she looked "sexy."
B. Irene, an older female secretary has a new boss, Karen, who
is also female and younger. Irene resents Karen giving her
directions and begins to undermine Karen in subtle ways.
C. Shelley, an office employee, is mad at Ruby, her coworker, for
stealing her boyfriend. Shelley starts a false rumor that Ruby
is pregnant by her ex-boyfriend.
D. Gloria, a custodian, tells Frank, a maintenance worker, that
she thinks he is attractive. Frank grabs her around the waist
and kisses her.
Irene, an older female secretary has
a new boss, Karen, who is also
female and younger. Irene resents
Karen giving her directions and
begins to undermine Karen in subtle
ways.
©2014 Atkinson, Andelson, Loya, Ruud & Romo
15
Harold, a resident, approaches Marilyn, a maintenance employee, and gives her a
bouquet of flowers and asks her if she would go out with him. Marilyn tells him she
does not date residents. She then begins to find anonymous love poems put on her
District vehicle. Marilyn often sees Harold in the parking lot staring at her. Marilyn
gives the property manager a written summary of what she has experienced to date
but tells the manager orally that she "can handle It herself." Which of the following
statements is correct?
iA.
The Agency cannot be liable for sexual harassment because the harasser is
'B.
The Agency will likely be able to get a restraining order against the resident
not an Agency employee.
·C. The property manager should give Marilyn a copy of the Agency's sexual
harassment complaint procedure and have her sign for it. If she will not file a
complaint, document this in a letter back to her. Regardless, write a letter to
Harold, waming him not to continue his conduct or the Agency may have to
take action against him.
:D. It would be a good Idea to call a meeting between Marilyn and Harold to work
out this problem.
The property manager should give
Marilyn a copy of the Agency's
.sexual
harassment
complaint
procedure and have her sign for it. If
she will not file a complaint,
document this in a letter back to her.
Regardless, write a letter to Harold,
warning him not to continue his
conduct or the Agency may need to
take action against him.
An office worker complains to her supervisor that a custodian has repeatedly
stared at her while cleaning in her area, engaged In unnecessary
conversation, including asking her if she were married, and brought her
homemade cookies as a gift. An appropriate corrective response would be:
Transfer the office worker to another site so she will not have to
interact with the custodian,
'B. Draft a FRISK warning letter to the custodian airecting him to clean
the employee's area when she is not present, not to speak to her,
and not to give her any more gifts. Make sure custodian receives a
policy prohibiting sexual harassment. Follow up with the employee
at regular intervals to make sure custodian is no longer bothering
her.
ic.
Provide the office worker wHh copy of sexual harassment complaint
procedure. Investigate further only if she files a formal complaint.
D. Terminate the custodian for cause.
©2014 Atkinson, Andelson, Loya, Ruud & Romo
16
Draft a FRISK warning letter. to the
custodian directing him to clean the
employee's area when she is not
present, not to speak to her, and not to
give her any more gifts. Make sure
custodian reeeives a policy prohibiting
sexual harassment. Follow up with the
employee at regular intervals to make
sure custodian is no longer bothering
her.
©2014 Atkinson, Andelson, Loya, Ruud & Romo
17
,
.
·~
Sexual Harassment Prevention/Awareness Training
Test
SEXUAL HARASSMENT QUESTIONNAIRE
1.
In a workplace setting, managers and/or supervisors can
never date their subordinates.
True
False
2.
If an employee does not immediately complain of sexual
harassment or offensive behavior then likely the behavior.
is welcomed and not sexual harassment.
True
False
3.
A co-worker's shoulder massage can never be sexual
harassment?
True
False
4.
Under California law, what are the two recognized forms
of sexual harassment?
Quid Pro Quo
Intangible Employment Action
Employer Sexual Liability
Hostile Environment
5.
The sexual harassment conduct must be directed at the
victim.
True
False
6.
An employee who participates in sexual jokes or banter
and/or laughs cannot complain of sexual harassment.
True
False
7.
The severity of workplace sexual harassment is judged by
the
standard.
True
False
Reasonable Man
Hyper-sensitivity
Quid Pro Quo
Reasonable Person
8.
A manager's threats of retaliation may constitute sexual
harassment even if the threats are idle.
©2014 Atkinson, Andelson, Loya, Ruud & Romo
1
/'
1 .
I
'r...
Test
Sexual Harassment Prevention/Awareness Training
9.
If you harass another employee in the workplace, you can
be subject to disciplinary action even if it is not severe or
pervasive enough for the victim to file and win a judgment
against the employer ..
True
False
10. Quid Pro Quo sexual harassment can be committed by
managers, co-workers and even non-employees.
True
False
©2014 Atkinson, Andelson, Loya, Ruud & Romo
2