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