Sexual Harassment and Discrimination

Goals of this course:

• Understand the definition of "Sexual Harassment" and "Hostile Work Environment".
• Know the two types of sexual harassment under federal law.
• Recognize the types of behaviors that can be considered sexual harassment.
• Learn who can be the victim or perpetrator of sexual harassment.
• Understand best management and prevention practices to prevent sexual harassment.
• Understand employer responsibilities under federal law.
  

Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA)

Click link to watch Video Summary

Cascade's Sexual Harassment Policy:

Sexual Harassment in the dental office workplace is not only against the law but it can also create disruption and morale problems for the entire dental practice. The best way to eliminate sexual harassment is through prevention and education. This policy provides an overview of sexual harassment, including definitions of what it is and what to do if you are a victim of this type of behavior.

The United States' Equal Employment Opportunity Commission (EEOC) defines workplace sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment” (EEOC).

Sexual Harassment is unwanted or sexually - oriented physical contact, sexually suggestive verbal communications, or anything that could be considered a sexual advance. Examples of actions that may be considered sexual harassment include:

• Unnecessary touching of another employee by regularly brushing against the body.
• Hugging.
• Patting.
• Pinching.
• Written notes which contain sexual innuendoes.
• Using objects to portray sexual messages.
• Sexually - oriented jokes (which should be explicitly prohibited)

The legal standard for when harassment becomes unlawful is:

• Whether the conduct is “Welcome” or not;
• It is enduring (the offensive conduct becomes repetative and or a condition of continued employment);
• The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Sexually Harassment Specifics:

• Interference with an employee’s performance on the job is a significant factor in the court’s review of a sexual harassment claim. Any charge of unwelcome conduct with sexual overtones that negatively affects interactions among employees and their ability to do their job(s) effectively indicates that actionable sexual harassment is taking place.
• However, harassment does not have to be of a sexual nature to be actionable. Harassment can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
• Although the law doesn’t prohibit simple teasing, offhanded comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment
• The harasser can be the victim's supervisor, a supervisor in another department, a coworker, or someone who is not an employee, such as a client or even a patinet/customer.
• Harassment based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age (40 or older) or genetic information (including family medical history) is illegal and will not be tolerated.
• Team members are encouraged to inform the harasser(s) directly that the conduct is unwelcome and must stop. Team members must also report harassment to at least one person in the management chain.

Reporting

• Swift reporting is very helpful.
• Report to any PIC, doctor, office manager, Headquarters manager, Dr Baird, or the feedback tab.
• Confidentiality of the reporter/ harassment will be protected to the greatest possible extent.
• Team members will not be punished for reporting or participating in an investigation.
• An impartial investigation will be provided.
• Prompt and effective corrective and preventive action will be taken when necessary.
• Questions and sharing concerns are encouraged.
• By Providence you have many people in our chain of leadership that care about you and can help you feel safe to question and report.

Management Responsibility:

• Prevention is the best tool.
• Provide training.
• Swiftly and thorough investigate and correct unlawful harassment,
• Set the expectation that it will not be tolerated.
• Create an environment where team members feel free to raise concerns.
• Liability arises as soon as someone in the chain of leadership is made aware directly or indirectly through another team member.
• Reasonably try to prevent and promptly correct harassing behavior. Verbal warnings are not enough.
• Must provide reasonable accommodations for an applicant's or employee's religious beliefs or disability.
• Sexually oriented factors can not cause negative employment action such as termination, failure to promote or hire, and wage loss.
• You cannot discriminate against or harass applicants, team members or former employees because of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability or genetic information (including family medical history).
  

Optional link to Course for Leadership Team $29
Optional link to Course for Team members $19