Preventing Discrimination & Harassment - All Employees
This document serves as an accessible version of this course and is intended only for those individuals who require an accommodation for a disability. If you do not require an accommodation based on a disability, you must complete the web-based training through ESS > My Training to receive credit on your transcript.
There are several documents or websites referenced in this course:
· U.S. Equal Employment Opportunity Commission website
· PA Equal Employment Opportunity
· Pa Human Relations Commission
· Executive Order 2016-04 - Equal Employment Opportunity
· Management Directive 410.10 Amended - Guidelines for Investigating and Resolving Internal Discrimination Complaints
· Executive Order 2021-04 - Prohibition of Sexual Harassment in the Commonwealth
· Management Directive 505.30 - Prohibition of Sexual Harassment in Commonwealth Work Settings
As we begin this training, you may ask yourself, “Why is this training important for me?” You are one of many commonwealth employees. As a public employee, you and more than 75,000 of your coworkers contribute to the quality of life for over 12 million Pennsylvanians. However, each of us are unique individuals coming together daily, creating this huge workforce of people. We vary in many different ways, such as: ancestry, race, age, gender, religion and more. With this, each of us shares responsibility for ensuring that the workplace is free from all forms of discrimination, including harassment. Discrimination occurs when individuals are treated differently because of specific protected classes, rather than on non-discriminatory factors such as performance, merit, etc. These classes are identified and protected under federal and state laws as well as commonwealth policies.
Let’s review discrimination in more detail and learn what we can do to prevent discrimination and harassment in the workplace, and what to do if you experience or witness, discrimination or harassment in the workplace.
Our commitment reflects the behaviors that are expected of every individual working for, or on behalf of, the commonwealth. They guide our actions, decisions and interactions with our co-workers, agency customers, business partners and others. Followed consistently across the commonwealth, our commitment provides the foundation of our organizational culture and support our vision and mission.
· Commonwealth employees are entitled to a workplace free from discrimination, including harassment, and to be evaluated solely on your/their work performance.
· Commonwealth employees are encouraged to report situations that may violate discrimination policies.
· Commonwealth employees can expect effective action to correct discriminatory behavior.
Note: Any instance of discrimination or harassment violates our commitments as well as several laws and workplace policies.
Throughout this course, you'll learn about discrimination and harassment and what to do if you experience either in the workplace. You'll also learn about commonwealth policies designed to address discrimination and harassment.
1. Identify protected classes and define discrimination, including harassment.
2. Explore protections provided under federal and state laws and commonwealth policies.
3. Recognize prohibited behaviors and explore ways to prevent, stop and report suspected discrimination or harassment pursuant to commonwealth policy.
4. Understand that everyone shares responsibility for ensuring that the workplace is free from all forms of discrimination and harassment.
Discrimination is treating an individual differently on the basis of their protected class.
The term 'protected class' refers to groups of people, sharing a common trait, who are protected, either by policy or by law, from being discriminated against on the basis of that trait.
· The term race refers to a grouping or category of humankind that shares certain distinctive physical traits.
· Race discrimination involves treating someone (an applicant or employee) unfavorably because they are of a certain race or because of personal characteristics associated with race (such as hair texture, skin color or certain facial features).
· Race/color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color.
· Discrimination can occur when the person(s) targeted and the person who inflicted the discrimination are the same race or color.
· Color discrimination involves treating someone unfavorably because of skin color complexion.
· Race/color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color.
· Discrimination can occur when the person(s) targeted and the person who inflicted the discrimination are the same race or color.
· Religious discrimination involves treating a person (an applicant or employee) unfavorably because of their religious beliefs.
· The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.
· Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion.
· Ancestry discrimination relates to where an employee’s family or ancestors come from. So even if an employee was born in the United States, they could face ancestry discrimination if their family came from or is perceived to come from, another country.
· Ancestry refers to the place where your ancestors came from, and though this is different from national origin (which refers to the place where you yourself were born), the two types of discrimination are closely tied to one another. Discrimination based on ancestry is often tied to issues of race, color and nationality.
· Whether an individual or their ancestors are from a particular country or belongs to an ethnic group, they are entitled to the same employment opportunities as anyone else.
An employee cannot be discriminated against or harassed on the basis of legally protected union activity or union membership/non-membership.
· Age discrimination involves treating an applicant or employee less favorably because of their age.
· The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older.
· Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.
· Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex, including the person's sexual orientation, gender identity or pregnancy.
· Sexual harassment can take many forms. It may be sexual in nature, or it may be based on the sex of the employee.
· Either way, this type of conduct is illegal.
· It is unlawful to subject an employee to workplace harassment that creates a hostile work environment based on sexual orientation or gender identity. Harassment can include, for example, offensive or derogatory remarks about sexual orientation (e.g., being gay or straight).
· Discrimination based on sexual orientation necessarily entails discrimination based on sex; the first cannot happen without the second.
o For example, if an employer fires an employee because they are woman married to a woman, but would not do the same to a woman married to a man, the employer is taking an action because of the employee’s sex.
Discrimination based on an employee's gender identity is sex discrimination. Discriminate can occur when an employer treats an individual differently for expressing their gender in a non-stereotypical fashion.
· National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent or because they appear to be of a certain ethnic background (even if they are not).
· National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin.
· Discrimination can occur when the person(s) targeted and the person who allegedly inflicted the discrimination are the same national origin.
Disability, with respect to a person means:
· A physical or mental impairment that substantially limits one or more of such person's major life activities.
· A record of having such an impairment.
· Being regarded as having such an impairment.
· A disability under the ADA is a physical or mental impairment that substantially limits one or more major life activities or a record of such an impairment. A person also qualifies as an individual with a disability if he or she is subject to a prohibited action due to an actual or perceived impairment. Someone who is HIV-positive will easily meet this definition because HIV substantially limits major life activities such as functions of the immune system.
· Discrimination can occur if an action is taken against an individual because of an actual of preceived impairment. For example, if someone is not hired or terminated because of having AIDS or HIV or the suspicion of having AIDS or HIV, this would be discriminatory.
Note: Sources for protected class information are the U.S. Equal Employment Opportunity Commission website and PA Equal Employment Opportunity.
Joe, who supervises both male and female auditors, only allows male auditors to attend training regarding the submission and reimbursement of travel expenses. When female auditors ask to attend the training, Joe denies their requests saying that "training is not necessary" for them to perform their job duties.
Note: Both male and female auditors perform the same job duties which include traveling and submitting their travel expenses for reimbursement.
Is this an example of discrimination?
Choose the best response from the options provided below:
A. Yes, I think so.
B. No, I don’t think so.
If you chose option A, you are correct! In this instance, it does appear that Joe is treating individuals differently based on their protected class, sex. If you choose option B, actually in this instance, it does appear that Joe is treating individuals differently based on their protected class, sex.
Harassment is a form of discrimination and is defined as unwelcome conduct based on one or more of an individual's protected characteristics or traits. Harassment is a violation of commonwealth policy. Per the Equal Employment Opportunity Commission (EEOC) harassment becomes unlawful where:
1. enduring the offensive conduct becomes a condition of continued employment or
2. the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile or abusive.
Now that you have basic definitions of discrimination and harassment, let's explore some examples of harassment.
Including, but not limited to:
· verbal abuse including insults, put-downs, yelling, shouting or screaming
· derogatory, sexually explicit or offensive comments, epithets, slurs or jokes
· threats, ridicule, humiliation or intimidation
· inappropriate comments about an individual's body or sexual activities
· repeated unwelcome propositions, flirtations or requests for dates (subtle or direct)
Including, but not limited to:
· impeding or blocking movements
· touching, patting, pinching, pushing, shoving, grabbing or groping or otherwise touching a person, their hair, body or clothing without their permission
· physically intimidating a person
· assault or attempted assault
· any other unnecessary or unwelcomed physical contact
Including, but not limited to:
· sharing inappropriate or offensive videos, photos or other illustrations
· displays of suggestive or derogatory objects, pictures, posters, etc.
· making lewd, sexual or offensive gestures
· hostile glares or other nonverbal behaviors
· suggestive winking, staring or leering (e.g. looking a person up and down with 'elevator eyes')
Including but not limited to:
Suggestive, derogatory, sexually explicit or obscene:
· letters
· notes
· invitations
· etc.
Including but not limited to:
Suggestive, derogatory, sexually explicit or obscene:
· emails
· instant messages
· voice or text messages
· social media posts
· cyberbullying
· and any other form of electronic correspondence or communication
Including but not limited to:
· ostracizing someone in the workplace because of their sex, sexual orientation, gender expression or gender identity
· stereotyping or making offensive comments that denigrate or insult someone
· intentionally misgendering or consistently outing a person
· engaging in gossip or asking intrusive questions about someone's sex, sexual orientation, gender expression or gender identity
Note: These examples are not exhaustive.
Benjamin Fisher has been with the agency for 40 years and he loves coming to work every day. He doesn't want to retire yet. Ben has earned the attention of several guys down in the mailroom. They thought it would be fun to write little notes on his daily mail. When Ben’s mail gets to him, it often has messages written on it, such as: “Move on, Old Timer!,” “AARP called” and “Over the Hill!!” The notes indicated that, in their opinion, he was too old to work with them. For Ben’s birthday, the same guys said they got him a gift to make amends. However, when Ben opened the gift, it was a walker. This conduct was unwelcome to Ben. The “gift,” along with the notes, are examples of harassment based on age.
Valeria Harrison is a local office supply's outside salesperson. She makes regular stops at a commonwealth office as part of the company's service. Valeria is well-known for making tasteless and off-color jokes. Even though she is not a commonwealth employee, Valeria can still create a negative and hostile environment for other commonwealth employees. The commonwealth's policies prohibiting harassment apply to employees, applicants or any persons receiving services or doing business with the commonwealth.
While you may traditionally think of harassment as a male supervisor harassing a female subordinate, there are many situations that apply.
· Discrimination or harassment by a female supervisor of a male subordinate.
· Discrimination or harassment by a supervisor of the same sex as the subordinate.
· Discrimination or harassment by coworkers creating a “hostile work environment.”
· Discrimination or harassment of non-employees (such as customers, contracted resources, vendors, etc.) by employees.
· Discrimination or harassment of employees by non-employees (such as customers, contracted resources, vendors, etc.)
· Discrimination or harassment based on a supervisor’s consensual relationship with another employee.
In short, if the conduct is unwelcome and related to a protected class, it is still harassment, no matter the sex or employment status of the person(s) targeted or the alleged offender.
Includes but is not limited to unwelcome sexual advances, requests for sexual favors and/or other verbal, physical, or visual, written or electronic conduct of a sexual nature.
Renita has been working for the same agency for two years. She is a dependable, hard worker and proven project leader. Her boss is Mr. Smith. One day, Mr. Smith calls Renita into his office and says:” Renita, I see promotion written all over you. We could discuss it over dinner at my place and 'explore' your future.” In this case, he implies that Renita will receive a promotion in exchange for her willingness to enter into a personal relationship. This scenario is an example of 'Quid Pro Quo.' This is a Latin phrase, which means, "this for that” or “something for something.” This type of harassment occurs when an employee’s submission to or rejection of unwelcome sexual advances or conduct is made either explicitly or implicitly a term or condition of an individual's employment or when such conduct is used as a basis for an employment decision affecting that employee. Other examples include, but are not limited to:
· "If you want a promotion, you must sleep with me."
· "If you do not want to be disciplined for being late and missing work, you must go out on a date with me."
Coworker #1 says, “Hey Veronica, I heard you handled that IT problem the other day. I didn’t know you had the equipment to handle a problem like that.”
Coworker #2 responds, “Oh, I think she has all the equipment she needs.”
Coworker #1 adds, “Yeah, maybe her equipment needs a little maintenance check, too.”
Coworker #2 agrees, “Yeah, I think a little hands-on maintenance check is exactly what she needs.”
Veronica says “Please stop! Your comments are offensive.”
Veronica clearly views this behavior as inappropriate and offensive. Veronica should immediately report this incident to her agency EEO officer for investigation. Disciplinary action may be applied.
This scenario is an example of a 'Hostile Work Environment.' A hostile work environment is created when the unwelcome conduct is severe or pervasive enough to alter the conditions of an individual's employment or creates an abusive, intimidating, hostile or offensive work environment. This may be harassment by a supervisor, co-worker or someone with whom the employee comes into contact with on the job.
While above scenarios paint us a picture of what sexual harassment could be, please be aware that the following items are also forms of sexual harassment.
· Repeated and unwelcomed flirting, requests for dates or other forms of sexual attention
· Asking about a person's sex life, sexual fantasies or sexual orientation
· Making sexist or sexual jokes, innuendos or comments
· Unwelcomed kissing, hugging, groping or touching
· Sending sexually suggestive or explicit photos, videos, emails or messages
Note: Any commonwealth employee who engages in or knowingly condones sexual harassment related to commonwealth employment shall be subject to disciplinary action, up to and including dismissal.
Now you know the most common examples and signs of workplace harassment. Next, let's answer the question: "How can I prevent discrimination and harassment?"
It is important to remember that unwelcome conduct can be defined differently by different people. What one person considers to be acceptable, another may consider unacceptable.
“Prevention is the best tool to eliminate harassment in the workplace.” EEOC
Let's discuss your responsibility for ensuring that your workplace is free from discrimination.
· All employees must act professionally and treat their co-workers with respect. Every employee should act, dress, speak and interact with others in a professional manner. This includes co-workers, clients, vendors and the public.
· Report harassing behavior immediately, even if it is not directed at you.
· If you become aware of inappropriate behavior, immediately report the conduct to your supervisor, someone in your direct line of supervision, human resources or the agency EEO officer.
· Overall, be proactive. For example, if you become aware of inappropriate jokes, displayed items or inappropriate behavior, you should promptly report the conduct to your supervisor, someone in your direct line of supervision, human resources or the agency EEO officer.
You may ask yourself, what is inappropriate and harassing behavior? How do you know if your behavior is unwelcome? When in doubt about the appropriateness of a particular behavior, ask yourself the following questions:
1. Would I want my behavior to be the subject of a report on the evening news?
2. Would I want to describe or explain my behavior to a judge or jury?
3. Would I behave this same way if my parent or child were standing next to me?
If the answer to any of these questions is “No,” you should avoid the behavior.
There are many laws and policies that protect employees from discrimination and harassment. Let's review those next.
· Title VII of the Civil Rights Act - Based on race, color, religion, national origin or sex
· Age Discrimination in Employment Act - Based on age (over 40)
· Americans with Disabilities Act - Based on disability
Note: The Equal Employment Opportunity Commission (EEOC) enforces the Federal Discrimination Laws. You can visit the EEOC website to find out more.
Pennsylvania Human Relations Act - Based on race, color, religious creed, ancestry, age, sex, national origin, GED or non-job-related handicap or disability or the use of a guide or support animal because of blindness, deafness or physical handicap. Note: The Pennsylvania Human Relations Commission (PHRC) enforces this act. You can visit the PHRC website to find out more.
As an employer, the commonwealth has established and enforces, policies prohibiting discrimination in the workplace. These policies protect your rights as an employee. Please click the links provided in the resources at the top of this document to review the Commonwealth's polices in more detail:
· Executive Order 2016-04 - Equal Employment Opportunity
It is important to note that this policy includes more protected classes than federal or state laws.
· Management Directive 410.10 Amended - Guidelines for Investigating and Resolving Internal Discrimination Complaints
· Executive Order 2021-04 - Prohibition of Sexual Harassment in the Commonwealth
· Management Directive 505.30 - Prohibition of Sexual Harassment in Commonwealth Work Settings
Note: The OA-Equal Employment Opportunity Office is the EEO officer for most agencies in the commonwealth. For more details visit their website.
Now, what do you do if you witness discrimination or harassment at work—but you are not the target of it? We'll answer this question in the next lesson.
“Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” Matin Luther King Jr.
Even if you aren't the target of discrimination or harassment, you still have a responsibility to intervene when you witness or hear about it. We encourage you to take an active role in promoting a safe and respectful work environment.
Bystander Intervention is recognizing a potentially harmful situation or interaction and choosing to respond in a way that could positively influence the outcome. To be an effective bystander you must develop the skills to recognize a potentially harmful situation or interaction, learn different strategies for responding to the incident and choosing to intervene with the goal of influencing the outcome positively and supporting the person(s) targeted by the incident. Let's talk about that next.
· Recognize harassment when you experience it. We are often busy, distracted, on our phones, talking, texting or not aware of our surroundings – some of us don’t want to notice. Pay attention to what is going on around you. If you experience something, say something.
· Make your presence as a witness known. If possible, make contact with the subject of the unwelcome behavior and ask them if they want support. You can make suggestions like, “Would you like to walk with me over here?" Don't escalate the situation and NEVER put yourself or others in harm's way.
· Follow-up with the person who was subjected to the behavior after the incident is over. Offer your support. Report the incident following the same steps you would if you were subjected to the behavior.
There are many reasons why individuals don't intervene. Let's review some of those reasons and why you might want to think differently.
· "Someone else will do something." - Research shows that the larger the number of bystanders, the less likely it is that someone from the crowd will step in and help. Don't wait, take action!
· "They can take care of themselves." - Stopping discrimination and harassment in the workplace is the responsibility of everyone, including you. Not taking action is akin to allowing it to continue.
· "Maybe I'm just overreacting." - If you felt uncomfortable with the situation, imagine how the individual you witnessed being subject to such behavior feels. Then also consider if this behavior is something you want to condone, unless it is addressed, it will likely continue.
· "I don't know what to do or say."- Often times we are shocked when we witness discrimination and harassment in the workplace. We often feel helpless and are unsure of how to address it. We will talk more, about strategies you can use, shortly.
It is imperative that all of us take steps to ensure that all forms of discrimination, including harassment, cease. We all share the responsibility for ensuring that the workplace is free from all forms of discrimination.
Bystander intervention can take a variety of forms from interrupting the discrimination or harassment, to informally addressing the situation after the fact, to formally reporting the incident or to encouraging others and ensuring a positive work environment. Depending on your comfort level, there are several strategies that you can use to help.
If you experience an interaction that concerns you, you could disrupt or redirect the situation, without addressing it directly, by offering the individual subjected to the behavior a way out or by bringing up an unrelated topic. For example, you might communicate the following:
· "Hey Jon, the team needs you to review this presentation in the conference room. Can you come now?"
· "Hey Maria, sorry to interrupt, but I really need your help on this project. Do you have a few minutes?"
· "Hey Elena, the boss needs you!"
· "Are you guys going to that seminar next week?"
Sometimes, individuals do not realize they are being offensive and communicating something will quickly stop the action. Remember, you NEVER want to escalate a situation. So being firm but respectful is key. For example, you might communicate something like:
· "Let's all try to be professional."
· "It may not be your intention, but [insert specific language/behavior] might make others uncomfortable. I'm sure you didn't mean it that way, but better safe than sorry."
Surveys confirm that most people don't come forward because they fear they will not be believed or that they will be retaliated against or they don't believe anything will be done to stop the harassment. We need to provide support. If you believe that someone is being targeted, or if they share an experience with you, there are steps we can take to provide support. For example, you might communicate:
· "That was not appropriate. Are you ok?"
· "I believe you. That was not ok. It is not your fault."
Just as if you were the person who was subjected to unwelcome behavior. Documenting and reporting the incident ensures that appropriate action can be taken.
Details to include:
· Dates
· Time and place of incident
· Names of the alleged offender, person(s) targeted and any other witnesses
· Detailed descriptions of what happened and what was said/discussed, keep any documentation including notes, emails, etc.
Who to contact:
· Your supervisor or someone in your direct line of supervision
· Human Resources
· Your agency's EEO Officer
"If you see harassment happening, speak up. Being harassed is terrible; having bystanders pretend they don’t notice is infinitely worse.” Celeste Ng
Let's review a scenario where a bystander told you about a situation, they felt may have been harassment, and how they approached it. How would you respond?
Nick and I were in the break room over lunch when Jessica came in. Nick started flirting with Jessica. You could tell she was uncomfortable. It was really awkward. I told Nick to leave Jessica alone!
Choose the best response from the options provided below:
A. Matt, I would never have been brave enough to say anything!
Matt responds, “I understand but we have an obligation to make sure that our workplace is a safe place for everyone.”
B. Matt, You made a tough choice when you decided to speak up!
Matt responds, “It's not always easy to do the right thing!
If you choose option B, great job! You were someone's hero today! If you choose option A review the options again!
Note: Everyone plays a role in ensuring a workplace free of discrimination and harassment for all employees. Acting to prevent harassment and respond to it when it occurs is a critical part of the process.
Next, let's answer the question: “What to Do If You're Being Discriminated Against or Harassed at Work?"
Experiencing discrimination and harassment at work can be emotionally, physically and professionally devastating. The good news is that you don't have to tolerate it.
You do not have to accept behavior that you feel is discriminatory or harassing in nature. You have a right to file a complaint. Employees who believe they have been subjected to discrimination based on a protected class, may file a complaint. There is no requirement that a complaint be in writing or conform to a specific format.
1. If it's safe to do so, you could ask the harasser to stop. It is often difficult to confront someone about their behavior. If you feel safe to do so, you may want to share your concerns about the behavior.
Note: This is not required and an employee can report this behavior without speaking to the alleged offender.
Why this step is important: At times, this can be a very effective way to end the conduct; however you don't want to escalate the situation.
Examples of what you might say:
· "It may not be your intention, but [insert specific language/behavior] is offensive to me."
· "I don't appreciate when you ... "
· "Your behavior is making me uncomfortable."
· "That's inappropriate/unacceptable in a work environment."
2. Document the Incident
Why this step is important: While we would all hope that the unwelcomed behavior would stop at this point, we know that 'that' is not always the case. Ensure that you are specific when documenting the unwelcomed behavior.
Details to include:
· Date(s)
· Time(s) and location(s) of incident(s)
· Names of the alleged offender and any witnesses
· Detailed descriptions of what happened and what was said, keep any documentation including notes, emails, etc.
3. Report Severe and/or Repeated Incidents. Remember, you have a right to a workplace free from discrimination and harassment. You have a right to object to offensive behavior, even if others find it acceptable. You have a right to file a complaint. Who to contact:
· Your supervisor or someone in your direct line of supervision
· Human Resources
· Your agency's EEO Officer - Every agency has an EEO Officer designated to receive and investigate such complaints.
You also have a right to file with the EEOC and/or PHRC.
· As an employer, the commonwealth wants to make it clear that all complaints of discriminatory behavior or harassment will be taken seriously.
· Each complaint will be investigated promptly and thoroughly.
· When warranted, prompt and appropriate corrective action against the alleged offender will be taken.
Commonwealth policy also strictly prohibits retaliation in any form against individuals who make a good faith complaint of discrimination or harassment. Retaliation is also strictly prohibited against those who cooperate in an investigation, such as a witness.
EEO laws and commonwealth policy prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination, including harassment. Asserting these EEO rights is called "protected activity," and it can take many forms. Protected activities include:
· filing or being a witness in an EEO charge, complaint, investigation or lawsuit
· communicating with a supervisor or manager about employment discrimination, including harassment
· answering questions during an employer investigation of alleged harassment
· refusing to follow orders that would result in discrimination
· resisting sexual advances or intervening to protect others
· requesting accommodation of a disability or for a religious practice
Here are some examples of retaliation:
· reprimand the employee or give a performance evaluation that is lower than it should be;
· transfer the employee to a less desirable position;
· engage in verbal or physical abuse;
· threaten to make or actually make reports to authorities (such as reporting immigration status or contacting the police);
· increase scrutiny;
· spread false rumors, treat a family member negatively (for example, cancel a contract with the person's spouse); or
· make the person's work more difficult (for example, punishing an employee for an EEO complaint by purposefully changing their work schedule to conflict with family responsibilities).
· As an employer, the commonwealth will not tolerate discrimination, including harassment by any employee against another employee, an applicant for employment, contracted resources or any person receiving services or conducting business with the commonwealth.
· Additionally, individuals who are not employed by the commonwealth, such as contracted resources or vendors, will be held responsible for any acts of discrimination, including harassment, that they may commit within commonwealth work settings or upon employees of the commonwealth while in the performance of their duties.
· Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws and commonwealth policy, even if the individual did not use legal terminology to describe it.
Retaliation will, in and of itself, be cause for appropriate disciplinary action, regardless of whether or not, discriminatory behavior or harassment is found to have occurred.
Let's review a few scenarios.
Emily is a good employee. She is timely and conscientious. Recently, Emily properly and in good faith filed an EEO complaint within her agency. It has caused some hard feelings with her manager. Emily says” My manager has refused me use of a government vehicle. I have had access to a vehicle for work before and another co-worker is allowed continued use of the vehicle. I feel like I am being singled out.”
Note: Consider the motive for the action. While the manager has the discretion to allocate the use of the vehicle, retaliation can be established if it is shown to be more likely than not that the decision was based on a retaliatory motive.
Choose the best response from the options provided below:
A.
This may be an example of
retaliation and you should report this incident.
Emily responds, “That sounds like a good idea.”
B. Emily could you be over analyzing the situation?
Emily responds, “It feels like unfair treatment. I haven't ever had an accident or incident that would prompt this change in access.”
C.
I am sure there was no harm
intended.
Emily responds, “It seems harmful to me. I don't have a car of my own. Now I
will have to find another way to the worksite.”
If you choose option A, good job! If you choose option B or C review the options again!
Terri has been applying for a promotion within her agency. She meets the qualifications and gets selected for interviews but can't seem to get a job. She wonders if it is related to her EEO claims. Terri says “A couple of the interview panelist are managers involved in my EEO complaint. Some of the questions they asked seem related to the previous conflict. Could that influence the selection process?”
For your information:
· A manager may not fire, demote, harass or otherwise "retaliate" against an individual for filing a complaint of discrimination, participating in a proceeding or otherwise opposing discrimination.
What should Terri do? Choose the best response from the options provided below:
A. Terri, if they are using your EEO complaint to keep you from getting a promotion that is wrong. I would suggest you report your suspicions.
Terri responds, “That's just it, I only have suspicions, I am not sure!”
B. Terri, I am sure it's nothing, just keep trying!
Terri responds, “I have been trying and it seems like less qualified employees are being selected over me!”
If you choose option A, good job! If Terri believes that she has been retaliated against she should immediately report it to her agency EEO officer, HR Director or Delivery Center manager. If you choose option B review the options again!
Carlos did not file an EEO complaint but was called as a witness during an investigation. He wasn't involved in the act of discrimination himself but did participate in the proceeding as required. Carlos said “Recently, I feel unwelcome on my own team! Nobody invites me to lunch or stops by my desk to talk anymore. I wonder if it is related to my witness statement in the EEO investigation?”
Choose the best response from the options provided below:
1. Carlos, I am sorry to hear that! I think you should talk to someone about this situation.
Carlos responds, “Who would I even talk to about this?”
2. Talk to your HR or the EEO officer.
Carlos responds, “I was considering talking to HR but I don't want to make the situation worse!”
Before you choose did you know:
· Incidents of retaliation can be reported to your agency HR or EEO officer.
· Laws prohibiting discrimination and harassment also prohibit retaliation against anyone who participates in an EEO investigation.
Time to choose! Both options lead Carlos to the correct action, good job!
Let's say you, or a bystander, report a suspected incident of discrimination or harassment. What happens after that? How does the commonwealth deal with these situations and what consequences will the alleged offender face?
In accordance with federal and state laws as well as commonwealth policies, the commonwealth, as an employer, is obligated to ensure that all discrimination, including harassment, ceases. All complaints will be promptly and thoroughly investigated. When appropriate, the commonwealth will take effective remedial action.
Each complaint will be investigated promptly and thoroughly in accordance with:
· Management Directive 505.30 - Prohibition of Sexual Harassment in Commonwealth Work Settings
Any individual who is found to have engaged in discrimination, including harassment, in violation of commonwealth policy is subject to appropriate disciplinary action, up to and including termination of employment or termination of services.
As we began this training, we asked our self, “Why is this training important for me?” We discovered along the way that anyone can be the subject of discrimination or harassment, that everyone deserves to be treated with respect and that we all have an obligation to ensure that our workplace remains free from harassment and discrimination. Let's revisit this quote from Martin Luther King Jr. “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”
· Identifying protected classes and defining discrimination, including harassment. Exploring protections provided under federal and state laws and commonwealth policies.
· Recognizing prohibited behaviors and exploring ways to prevent, stop and report suspected discrimination or harassment pursuant to commonwealth policy.
· Understanding that everyone shares responsibility for ensuring that the workplace is free from all forms of discrimination and harassment.
In summary, discrimination is prohibited by federal law, state law and commonwealth policy. Every commonwealth employee shares responsibility for ensuring that the workplace is free from all forms of discrimination, including harassment.
1. Discrimination is treating an individual differently on the basis of their protected class.
2. Harassment is a form of discrimination and is defined as unwelcome conduct based on one or more, of an individual's protected characteristics or traits.
3. If you experience or witness discrimination or harassment, report it!
If you have any questions, please contact the Office of Administration, Office of Equal Employment Opportunity at 717-783-1130 or send an email to RA-OAEEOComplaint@pa.gov.
Additional information can be found on EEO's Website.
By requesting completion credit for this course, you are affirming that you agree, have received, understand, and will abide by the following:
· I acknowledge that I have completed the training 'Preventing Discrimination & Harassment for All Employees 22.'
· I have received and am responsible for knowing and following the commonwealth's policies regarding discrimination and harassment set forth in the following:
· I understand that if I engage in or knowingly condone, discrimination and/or harassment related to commonwealth employment, I will be subject to disciplinary action, up to and including dismissal.
· If I am a Commonwealth employee, I understand that disciplinary action, up to and including termination, may be taken if I fail to abide by any of the requirements set forth herein.
· If I am a contracted resource, I understand that termination of engagement, other action under the terms of the applicable contract or suspension or debarment under the Contractor Responsibility Program may be taken if I fail to abide by any of the requirements set forth herein.
This document serves as an accessible version of this course and is intended only for those individuals who require an accommodation for a disability. If you do not require an accommodation based on a disability, you must complete the web-based training through ESS > My Training to receive credit on your transcript. For individuals who do require an accommodation for a disability: Thank you, once you have fully reviewed and acknowledged the information in this training, reach out to your Training Officer to request credit for completing this course. You will not receive credit for completing this course until you do so.