While no employer
wants to be accused of harassment, all employers need to be armed with the
knowledge of how to proceed should they find themselves in the position of
having to defend themselves against a harassment charge. Employers must ensure they are properly
prepared at the outset of an investigation to conduct effective and
legally-compliant investigations into the harassment.
Employers first
need to understand exactly what harassment is: unwelcome conduct from a boss,
coworker, group of coworkers, vendor, or customer whose actions, communication,
or behavior mocks, demeans, puts down, disparages, or ridicules an employee.
Physical assaults, threats, and intimidation are severe forms of harassment and
bullying. Harassment may also include
offensive jokes, name-calling, offensive nicknames, pornographic images on a
laptop, and offensive pictures or objects. Interfering with an employee’s
ability to do his or her work also is considered a form of harassment.
Employees can also
experience harassment when they are not the target of the harasser because of
the negative work environment that can develop because of the harassment. This is referred to as a hostile work
environment. Additionally, workplace
harassment can result in claims of discrimination and retaliation.
Employers often overlook the importance of promptly investigating complaints of harassment and taking quick and appropriate corrective action. Since an employer’s prompt and effective response to complaints can limit or eliminate its liability in a discrimination, harassment, or retaliation lawsuit, it is imperative that employers implement an effective mechanism to investigate and resolve workplace complaints.
Key Areas:
·
Definition
of sexual harassment
·
What
constitutes harassment in the workplace?
·
What
harassment is NOT
·
Laws
violated by harassment
·
Employer/Employee
responsibilities in preventing harassment
·
Harassment
prevention strategies
·
Creating
a harassment-free workplace
·
Avoiding
the legal landmines surrounding investigations
·
Laws
that influence investigations
·
Making
the decision to investigate
·
Reviewing
the complaint
·
Gathering
evidence
·
Creating
a successful roadmap to the investigation
·
Understanding
the perspectives of the Complainant and the Accused
·
Conducting
effective interviews
·
Determining
Witness credibility
·
Creating
a perception of fairness
·
Developing
documentation that will stand-up in a lawsuit
·
Determining
corrective actions
·
Effectively
handling the impact on employees: Addressing the rumors & questions in the
aftermath of an investigation
·
Taking
appropriate action once a determination has been made
·
Handling
post-investigations issues
·
Communicating
investigation results with sensitivity and fairness
·
Writing
a court-ready final report
·
Do’s
& Don’ts of documenting employee performance
·
Performance
management’s role in preventing and resolving harassment
·
What
does retaliation involve?
·
Harassment
& Discrimination are different than Retaliation
·
Addressing
retaliation
·
Role
of the EEOC in retaliation cases
·
Whistleblower
protection/Sarbanes-Oxley Act
·
Minimizing
the likelihood of retaliation violations
·
What
constitutes a valid retaliation claim?
·
Elements
of a retaliation claim
·
Adverse
employment action and causation
·
Preventing
retaliation and future workplace misconduct
·
What
creates workplace conflict?
·
Major
causes of conflict
·
Viewing
conflict as an opportunity
·
Positive
and negative outcomes of conflict
·
Ability
to identify different types of conflicts
·
Conflict
resolution styles
·
Steps
to take to resolve conflict
·
Defining
discrimination
·
Characteristics
of Discrimination
·
Laws
providing protection from Discrimination
·
What
is a hostile work environment?
·
Legal
requirements for a hostile work environment
·
Identifying
hostile work environments
· Handling hostile work environment situations
Why Should You Attend: From fact-finding to conducting interviews and writing reports, participants will gain the knowledge needed to recognize harassment in their workplace and confidently and effectively conduct investigations.
Who Will
Benefit:
·
Senior
Leadership
·
Human
Resource Directors, Managers & Representatives
·
Operations
Professionals
·
Managers
& Supervisors
·
Employees
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