Training Module 12 - DAV Members Portal

Report
SENSITIVITY TRAINING
DEPARTMENT OF ALABAMA
2014 MID-WINTER CONFERENCE
DEPARTMENT OF ALABAMA
INTRODUCTION
• The potential for harassment, including sexual harassment exists in
every organization.
• The number of harassment claims filed during recent years has
increased dramatically.
• While some individuals may feel that ‘harassment” means only
“sexual harassment”, it has become clear the term is much broader
than that.
• Harassment is a costly proposition for organizations. It can result in:
low morale, low turnout at meetings, reduced productivity,
membership transfers, and damages and litigation costs to the
organization.
DEPARTMENT OF ALABAMA
TO BE COVERED
By the end of this module, you should be able to:
• Identify behavior which might be considered sexual harassment
• Explain the consequences of sexual harassment
• Describe the Commander’s role and responsibility in creating an environment free
of all forms of harassment, including sexual harassment.
• Explain what actions to take when confronted with possible sexual harassment.
DEPARTMENT OF ALABAMA
HARASSMENT
• The policy of DAV/DAVA is to promote a productive environment free
from discrimination and harassment of any kind.
• To that end, DAV/DAVA will not tolerate verbal or physical conduct
that harasses, disrupts or interferes with another’s performance or
that creates an intimidating, offensive or hostile environment.
• It is the policy of DAV/DAVA certain rules & regulations regarding
behavior are necessary for efficient chapter/department/national
organization operations, for benefit and safety of all members and
members
• Conduct that interferes with or discredits DAV/DAVA or is offensive to
stakeholders or staff will not be tolerated.
DEPARTMENT OF ALABAMA
TO WHOM IT PERTAINS
Please note this policy pertains to all forms of
harassment, including sexual harassment,
discrimination, and retaliation, as follows:
“Sexual harassment and other forms of harassment/retaliation (are) tied to such characteristics as age,
religion, gender, marital status, race, nation of origin, disability, sexual orientation, status as a veteran, or
status in any group protected by federal, state or local law.
All DAV/DAVA members have a responsibility to report harassment/retaliation of any type to their
chapter/unit. Should an incident involve an elected/appointed officer , immediate contact should be made
with the next level of command. Strict confidentiality will be maintained regarding any such report and its
subsequent investigation.
This policy not only pertains to DAV/DAVA members but to family members, veteran customers and
vendors, etc.”
DEPARTMENT OF ALABAMA
HARASSMENT PREVENTION
– “Harassment of an individual on the basis of race, color, sex, national
origin, religion, age or disability is a discriminatory practice under
Title VII, the ADA and the ADEA
– Although much attention has been given in recent years to sexual
harassment discrimination, it is important to stress that many of the
same principles apply to other types of harassment, and an
DAV/DAVA members should be equally vigilant in preventing such
harassment”.
DEPARTMENT OF ALABAMA
HARASSMENT DEFINED
• Illegal harassment is severe or pervasive verbal or physical conduct that
denigrates, shows hostility or aversion toward an individual because of
his/her race, color, religion, gender, national origin, age, disability, or
reprisal for participating in the complaint process.
• The DAV/DAVA defines sexual harassment as unwelcome verbal or physical
conduct of a sexual nature:
– When submission to such conduct is made a term of condition of
service;
– When submission to or rejection of such conduct is used as a basis for
service decisions;
– When such conduct unreasonably interferes with performance or
creates an intimidating, hostile, or offense environment.
DEPARTMENT OF ALABAMA
HOSTILE ENVIRONMENT HARASSMENT
• Comments or conduct that have the purpose or effect of
unreasonably interfering with an individual’s work performance or
creating an intimidating or offensive working environment
• This category of harassment is often more subtle than harassment
that results in a tangible action, and is often more difficult to
determine where the line falls between lawful and unlawful
• The key issues here are frequency and severity
• “Reasonable person” standard governs
• Anyone can commit this type of harassment - a officer, member or
non-member
DEPARTMENT OF ALABAMA
HOSTILE ENVIRONMENT HARASSMENT:
EXAMPLES OF ACTIONS
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Pressure for dates;
Making offensive remarks about looks, clothing, body parts;
Touches in a way that may make an individual fell uncomfortable;
Telling sexual jokes, hanging sexual posters;
Using racially derogatory words, phrases, epithets;
Demonstrations of a racial or ethnic nature such as the use of
gestures, pictures or drawing which would offend a particular racial
or ethnic group.
DEPARTMENT OF ALABAMA
HOSTILE ENVIRONMENT HARASSMENT:
EXAMPLES OF ACTIONS (CONT.)
• Comments about an individual’s skin color or other racial/ethnic
characteristics;
• Negative comments about an member’s religious beliefs;
• Negative stereotypes regarding an member’s birthplace or ancestry;
• Negative comments an member’s age when referring to members 40
and over;
• Derogatory or intimidating references to an member’s mental or
physical impairment.
DEPARTMENT OF ALABAMA
HARASSMENT COMPLAINTS
KEY ELEMENTS
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Conduct must affect a term, condition, or privilege of service
Must be unwelcome
Can be based on race, color, religion, national origin, sex, sexual
orientation, age or disability
Is severe or pervasive under a reasonable person standard
DEPARTMENT OF ALABAMA
EXAMPLES OF HARASSING BEHAVIOR
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Verbal: derogatory comments, racial or sexual epithets, requests
for sexual favors, sexual innuendoes, offensive jokes or stories,
repeated propositioning.
Non-Verbal: Staring, derogatory or suggestive gestures, winking,
throwing kisses, shunning, and ostracizing.
Visual: offensive pictures, photos, cartoons, posters calendars,
magazines or objects.
Physical: unwelcome touching, hugging, kissing, patting, stroking,
standing too close.
Written: unwelcome personal letters, notes or emails.
DEPARTMENT OF ALABAMA
FEDERAL DEFINITION OF
SEXUAL HARASSMENT
“Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a
sexual nature constitute sexual harassment when:
• submission to such conduct is made either explicitly or implicitly a term or
condition of an individual’s employment,
• submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting such individual, or
• such conduct has the purpose or effect of unreasonably interfering with an
individual’s work performance or creating an intimidating, hostile or offensive
working environment.”
29 C.F.R. Section 1604.11
DEPARTMENT OF ALABAMA
DEPARTMENT OF ALABAMA STAND ON
HARRASSMENT
The DAV/DAVA Department of Alabama strictly prohibits its
personnel from engaging in unlawful acts of harassment. It
applies to such behavior a zero tolerance policy so as to protect,
and show respect for the rights of others that arise under
federal, state or local law. The policy also bars personnel from
retaliation against another because he or she has filed a
legitimate complaint or assisted in the investigation of a
complaint. The policy puts on notice those whom department
serves and those with whom it does business that harassment
and retaliation are not tolerated. Violation of the policy subjects
personnel to a range of potential administrative actions, up to
and including suspension and/ or civil action.
DEPARTMENT OF ALABAMA
WITH RESPECT TO SEXUAL HARASSMENT
THE DAV/DAVA PROHIBITS
Unwelcome sexual advances; Request for sexual favors;
All other verbal or physical conduct of a sexual or
otherwise offensive nature, especially where:
• submission to such conduct is made either explicitly or implicitly a
term or condition of position/ services/ treatment;
• submission to or rejection of such conduct is used as the basis for
decisions affecting an individual’s position/ services/ treatment;
• such conduct has the purpose or effect of creating an intimidating,
hostile, or offensive office/ volunteer environment.
DEPARTMENT OF ALABAMA
DAV/DAVA PROHIBITS (CONTINUED)
Offensive comments, jokes, innuendos and other
sexually-oriented statements. Examples of the types of
conduct expressly prohibited include but are not limited
to the following:
• Touching, i.e., rubbing or massaging neck or shoulders, stroking
someone’s hair, or brushing against another’s body;
– Sexually suggestive touching
– Grabbing, groping, kissing, fondling
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Violating someone’s “personal space”
Offensive whistling
Lewd, off-color, sexually-oriented comments or jokes
Foul or obscene language
DEPARTMENT OF ALABAMA
DAV/DAVA PROHIBITS (CONTINUED)
• Leering, staring, stalking
• Suggestive or sexually-explicit posters, calendars,
photographs, graffiti, cartoons
• Unwanted or offensive letters or poems
• Sitting or gesturing sexually
• Offensive e-mail or voicemail messages
• Sexually-oriented or explicit remarks, including written or
oral references to sexual conduct, gossip regarding one’s
sex life, body, sexual activities, deficiencies, or prowess
DEPARTMENT OF ALABAMA
DAV/DAVA PROHIBITS (CONTINUED)
• Questions about one’s sex life or experiences
• Repeated requests for dates
• Sexual favors in return for rewards, or threats if sexual
favors are not provided
• Sexual assault or rape
• Any other conduct or behavior deemed inappropriate by
DAV/ DAVA
DEPARTMENT OF ALABAMA
PREVENTING SEXUAL HARASSMENT
• Members should:
• Avoid behavior that may be misconstrued as possible sexual harassment.
• Avoid sexual jokes, comments, and e-mails.
• Respect a person’s indication that your conduct or attention is not welcome.
• Not invade another individual’s personal space.
• Not touch anyone without their permission.
• Clearly inform those engaging inappropriate sexual orientated behavior that they
find it objectionable.
• Seek assistance promptly if they are the target of or observe severe or repeated
instances of behavior that they believe qualify as sexual harassment.
DEPARTMENT OF ALABAMA
ANTI-HARASSMENT POLICY
Anyone who has or suggests an affair with a veteran or any other
should realize that the nature of the relationship raises questions
about the voluntary nature of the veteran’s or other’s conduct,
notwithstanding appearances. An affair is susceptible to charges of
sexual harassment, or creating a hostile work environment, and is,
thus, subject to the full range of discipline up to and including
suspension and in some cases civil action.
DEPARTMENT OF ALABAMA
ANTI-DISCRIMINATION LAWS
• Title VII of the Civil Rights Act of 1964 (Title VII):
– Prohibits discrimination based on race, color, religion, sex, and
national origin.
– Unlawful to discriminate in such areas as recruitment, selection,
promotion, discipline, training, and details, and etc.
• The Equal Pay Act of 1963 (EPA): Protects men and women who
perform substantially equal work from sex-based wage discrimination.
• The Age Discrimination in Employment Act of 1967 (ADEA): Prohibits
employment discrimination against individuals who are 40 years of
age or older.
DEPARTMENT OF ALABAMA
ANTI-DISCRIMINATION LAWS
• Rehabilitation Act of 1973:
– Sections 501 and 505 prohibit discrimination in Federal employment against
qualified individuals with disabilities.
– Also requires employers to provide to “reasonable accommodation” to
qualified individuals with disabilities who are members or applicants for
employment.
• Civil Rights of 1991: Provides rights to jury trials and monetary damages in cases of
employment discrimination.
• The NO FEAR Act: Prohibits discrimination and retaliation against Federal workers
for participating in EEO process or whistle-blower activities.
– Requires posting of complaint activity, training, and paying settlements or
judgments out of agency operating funds.
DEPARTMENT OF ALABAMA
MOST COMMON CLAIMS & LAWSUITS
• Harassment on the basis of any protected category
• Sexual Harassment
• Retaliation – largest % of claims filed with EEOC
Don’t have to show that a retaliation impacted “compensation,
terms, conditions or privileges of employment”…Need only show
that a “reasonable person” would have been dissuaded from
exercising legal rights
• Discrimination
DEPARTMENT OF ALABAMA
HARASSMENT BY DAV MEMBERS
AND NON-MEMBERS
• DAV Member Harassment:
– The chapter/department/national organization is liable if it
knew or should have known of the harassment and failed
to take immediate and appropriate corrective action.
• Non-members:
– The liability standard for non-members is the same as for
members - Except consideration is given to the extent of
the chapter/department/national organization control
over the non-member. For example, a chapter may not be
able to control the actions of a one-time visitor to its
workplace, but it would be able to correct harassment by
someone with whom it has a regular relationship.
DEPARTMENT OF ALABAMA
RECOGNIZING HARASSMENT
• Conduct must be unwelcome to target of the harassment
• Unwelcome means that the complainant did not solicit nor
incite the conduct and regarded it as undesirable
• Harasser can be any DAV/DAVA member or non-member
• Harassment can be verbal, physical, or pictorial
• Harasser as well as the target can be a man or woman
• Complainant does not have to be the person at whom the
offensive conduct is directed and can be anyone affected by
the unwelcome conduct
DEPARTMENT OF ALABAMA
HARASSMENT PREVENTION:
Members’ Responsibilities
• DAV Members are expected to maintain a productive environment
free from harassing or disruptive activity
• No form of harassment will be tolerated including harassment for the
following reasons: race, color, national origin, religion, sex, sexual
orientation, disability or age.
• Any member who believes that he/she is victim of unwelcome
harassment has the responsibility to report or file a complaint as
soon as possible.
• Report/complaint should be made to the chain of command or IG or
JAG if the complaint involves the commander
• Follow the chain of command and do not escalate beyond
lowest level if possible
DEPARTMENT OF ALABAMA
WHAT SHOULD A VICTIM
OF HARASSMENT DO?
• A victim of harassment should clearly communicate to the harasser verbally, in writing, through a third party, or in some other way - that
the conduct is unwelcome.
• Evidence that the victim participated in the conduct she or he later
challenged, would generally defeat a harassment claim, since
participation communicates welcome conduct.
– However, participation does not necessarily mean the conduct is
welcome
– In particular acquiescence or submission to sexual demands does
not necessarily mean that the conduct was welcome
• The victim or person affected by the conduct should promptly report
it or file a complaint
• If the conduct continues after the perpetrator becomes aware it is
unwelcome
DEPARTMENT OF ALABAMA
WHAT SHOULD YOU DO IF PERSONALLY
ACCUSED OF HARASSMENT?
• Immediate contact needs to be made with the next level of
Command;
• You need to cooperate fully with any investigation.
Protect yourself!
• Avoid all forms of risky behavior (verbal, non-verbal, physical, visual).
• And never be alone with another member where an incident could
occur.
Remember!
The DAV Department of Alabama has Zero-Tolerance for all forms of
harassment!
DEPARTMENT OF ALABAMA
HARASSMENT PREVENTION
Leaders’ Responsibilities
•
Monitor behavior, enforce respect
•
Treat all complaints seriously and confidentially
•
Do not ignore any allegation
•
Respond to allegations immediately; investigate, as appropriate
– Be sensitive but impartial
– Interview parties and relevant witnesses
– Ask open-ended questions
– Collect relevant documentation/evidence
•
Take appropriate corrective action, follow-up
•
Ensure no retaliation
•
Document your actions
DEPARTMENT OF ALABAMA
INVESTIGATION OF HARASSMENT
• All complaints will be investigated promptly - in as impartial and
confidential a manner as possible.
• Members are required to cooperate in any investigation.
• A timely resolution of each complaint should be reached and
communicated to the parties involved.
• Any member, elected/ appointed officer who is found to have
violated the harassment policy will be subject to appropriate
disciplinary action, up to and including suspension and/ or Article 16
proceedings.
• DAV/DAVA prohibits any form of harassment for brining bona fide
complaints - or providing information on harassment.
DEPARTMENT OF ALABAMA
CASE STUDY #1
- Bill sometimes makes comments to fellow member Ann
Smith, about how attractive she is. She never says anything
when he makes these comments.
- One day, Ann requests help on her claim. Bill says that he
will consider her request, and suggests the two of them go
for drinks and to dinner. Ann makes it clear that she wants
to keep their relationship purely professional and would
therefore prefer not to go out with him. Bill says that he
understands.
- Two weeks later, Bill informs Ann he cannot help her with
her VA Claim.
- She asks Bill for an explanation, and he says that if she
would be more “cooperative” with him, then her chance for
help would improve. Ann asks what does cooperative mean.
Bill smiles and says “You figure it out”.
DEPARTMENT OF ALABAMA
CASE STUDY #2
William keeps a large bible on his desk at the DAV Office and
always wears a large silver cross around his neck. At times
William will use biblical quotations to support his comments and
assertions his observations are correct in conversations with his
fellow veterans. Additionally, he usually tells people to have a
“Blessed Day”.
Joe, one of William’s fellow vets, has started referring to him as
“Saint Willy”. This has gotten a lot of laughs around the chapter.
William has confronted Joe about this and asked him to stop.
Joe response was “can’t you take a joke”. Joe not only has not
stopped referring to William as “Saint Willy”, but he has
encouraged others to do so.
DEPARTMENT OF ALABAMA
CASE STUDY #3
Pam, an attractive female veteran, likes to wear
blouses with a plunging neckline, short tight skirts
and high heels. When she walks in a meeting, many
times her male comrades and some females stare at
her, some with a knowing smile, others just shake
their heads. Occasionally, one individual silently acts
as if he is having a heart attack. She has repeatedly
indicated to her comrades that their conduct
embarrasses her, and has asked them to stop, but
without much success. Some female comrades have
mentioned that she causes her problems by the way
she dresses.
DEPARTMENT OF ALABAMA

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