When talking about discrimination, harassment, or retaliation in a school setting, it is important to remember that there are two distinct environments at issue: the work environment and the educational environment. While each environment presents its own unique challenges, there is no disputing the negative impacts that result from discrimination, harassment, or retaliation in either environment, Discrimination, harassment, or retaliation impedes both employment and educational opportunities, and negatively impacts employee and student morale, work or academic performance, and the provision of educational services.

In addition, such conduct: (1) deters quality job applicants from applying to your district (2) creates a poor public image; and (3) can result in hundreds of thousands of public dollars being spent on attorneys' fees and damage awards, rather than on educational services.

This workbook and the accompanying seminar provides the training that California law requires supervisory employees receive on the prevention of harassment, discrimination, and retaliation. It also discusses the obligations that school districts have toward their students in providing them with an educational environment that is free of harassment, discrimination, and retaliation.

Topics Include:

• Laws Prohibiting Harassment, Discrimination, and Retaliation
• Protected Statuses/Classifications
  • Race and National Origin
  • Religious Creed
  • Physical Disability
  • Mental Disability
  • Medical Condition
  • Genetic Information
  • Sex/Gender
  • Age
  • Military and Veteran Status
  • Marital Status
  • Opposition to Unlawful Conduct
  • Association/Perception
• Discrimination
  • Disparate Treatment
  • Disparate Impact
• Harassment
  • Hostile Work/School Environment Harassment
  • Quid Pro Quo
  • Student Hazing and Bullying
• Bullying and Abusive Conduct
  • Introduction
  • What Is Bullying/Abusive Conduct And Who Is Affected?
  • Bullying/Abusive Conduct Is Not Illegal Harassment
  • Examples of Bullying/Abusive Conduct
  • What Should Your District Do To Prevent Or Address Workplace/School Bullying/Abusive Conduct?
  • What To Include In An Anti-Bullying/Anti-Abusive Conduct Policy
• Retaliation
  • Protected Activity
  • Adverse Action
  • Causal Connection/Nexus
  • Other Anti-Retaliation Laws
• Anti-Discrimination Laws Do Not Immunize Employees From Discipline When Warranted
  • Treat All Employees Equitably
  • Performance Evaluations
  • Discipline
• Preventing Harassment, Discrimination, and Retaliation
• Developing an Anti-Harassment, Discrimination and Retaliation Policy
• Training Employees to Prevent Harassment, Discrimination, Retaliation, and Abusive Conduct
  • Supervisory And Nonsupervisory Harassment Prevention Training
  • Title IX Training
  • Other Training
• Investigating Allegations of Harassment, Discrimination, or Retaliation
  • Appoint An Investigator
  • Keep The Investigation Confidential
  • Right Of Representation
  • Lybarger Admonitions
  • Discriminatory Investigations
• Determining The Appropriate Remedy For Findings of Harassment, Discrimination, or Retaliation
• Title IX Requirements for Resolving Complaints of Sexual Harassment
  • Grievance Process
  • Notice Requirements
  • Investigations and Standard of Proof
  • Determinations and Dismissals
  • Right to Appeal
• Internal and Title 5 Administrative Remedies
• Exhaustion of EEOC and DFEH Administrative Remedies and Applicable Statute of Limitations
  • EEOC
  • DFEH
• Liability for Money Damages
  • Who Can Be Liable?
  • Harassment by Clients or Non-Employees
  • Constructive Discharge
  • Obligation To Defend And Indemnify Individual Public Employees

Discrimination, harassment, or retaliation against a public agency employee or job applicant impedes employment opportunities, morale, job performance, and the provision of public services. Such conduct: (1) deters quality applicants from applying to your agency (2) creates a poor public image; and (3) can result in hundreds of thousands of public dollars being spent on attorneys' fees and damage awards, rather than on public services.

This workbook provides information that California law requires supervisory employees receive on the prevention of harassment, discrimination, and retaliation.

Topics Include:

• Laws Prohibiting Harassment, Discrimination, and Retaliation
• Protected Statuses/Classifications
  • Race and National Origin
  • Religious Creed
  • Physical Disability
  • Mental Disability
  • Medical Condition
  • Sex/Gender
  • Age
  • Sexual Orientation
  • Genetic Information
  • Military and Veteran Status
  • Opposition to Unlawful Conduct
  • Association/Perception
• Discrimination
  • Disparate Treatment
  • Disparate Impact
• Harassment
  • Hostile Work Environment Harassment
  • Quid Pro Quo
• Bullying And Abusive Conduct
  • Introduction
  • What Is Workplace Bullying/Abusive Conduct And Who Is Affected?
  • Bullying/Abusive Conduct Is Not Illegal Harassment
  • Examples Of Bullying/Abusive Conduct
  • How Bullying/Abusive Conduct Impacts The Workplace
  • What Should Your Agency Do To Prevent Or Address Workplace/Abusive Conduct?
  • What Can Managers Do About Bullying/Abusive Conduct?
• Retaliation
  • Protected Activity
  • Adverse Action
  • Causal Connection/Nexus
  • Other Anti-Retaliation Laws
• Preventing Harassment, Discrimination, and Retaliation
• Anti-Discrimination Laws Do Not Immunize Employees from Discipline When Warranted
  • Treat All Similarly Situated Employees the Same
  • Performance Evaluations
  • Discipline
• Developing an Anti-Harassment, Discrimination, and Retaliation Policy
  • Contents of the Policy
  • Disseminating the Policy
  • Documenting and Tracking Complaints
• Training Employees to Prevent Harassment, Discrimination, Retaliation and Abusive Conduct
  • Supervisory Employees
  • Non-Supervisory Employees
  • Temporary and Seasonal Employees Hired to Work Less Than Six Months
  • Elected/Appointed Local Agency Officials
  • Peace Officers
  • Required Harassment Training Standards
• Investigating Allegations of Harassment, Discrimination, or Retaliation
  • Appoint an Investigator
  • Keep the Investigation Confidential
  • Right of Representation
  • Lybarger Admonitions
  • Discriminatory Investigations
• Determining the Appropriate Remedy for Findings of Harassment, Discrimination, or Retaliation
• Internal Administrative Remedies
• Exhaustion of EEOC and DFEH Administrative Remedies and Applicable Statute of Limitations
  • EEOC Administrative Remedies
  • DFEH Administrative Remedies
• Liability for Money Damages
  • Who Can Be Liable?
  • Harassment by Clients or Non-Employees
  • Constructive Discharge
  • Obligation to Defend and Indemnify Individual Public Employees

When talking about discrimination, harassment, or retaliation in an academic setting, it is important to remember that there are two distinct environments at issue: the work environment and the educational environment.  While each environment presents its own unique challenges, there is no disputing the negative impacts that result from discrimination, harassment, or retaliation in either environment.  Discrimination, harassment, or retaliation impedes both employment and educational opportunities, and negatively impacts employee and student morale, work or academic performance, and the provision of educational services.

In addition, such conduct: (1) deters quality job applicants from applying to your district (2) creates a poor public image; and (3) can result in hundreds of thousands of public dollars being spent on attorneys' fees and damage awards, rather than on educational services.

This workbook and the accompanying seminar provides the training that California law requires supervisory employees receive on the prevention of harassment, discrimination, and retaliation. It also discusses the obligations that districts have toward their students in providing them with an educational environment that is free of harassment, discrimination, and retaliation.

Topics Include:

• Laws Prohibiting Harassment, Discrimination, and Retaliation
• Protected Statuses/Classifications
  • Race and National Origin
  • Religious Creed
  • Physical Disability
  • Mental Disability
  • Medical Condition
  • Genetic Information
  • Sex/Gender
  • Age
  • Military and Veteran Status
  • Marital Status
  • Opposition to Unlawful Conduct
  • Association/Perception
• Discrimination          
  • Disparate Treatment
  • Disparate Impact
• Harassment
  • Hostile Work/Educational Environment Harassment
  • Quid Pro Quo
• Bullying And Abusive Conduct
  • Introduction
  • What Is Workplace Bullying/Abusive Conduct And Who Is Affected?
  • Bullying/Abusive Conduct Is Not Illegal Harassment
  • Examples Of Bullying/Abusive Conduct
  • How Bullying/Abusive Conduct Impacts The Workplace
  • What Should Your District Do To Prevent Or Address Workplace Bullying/Abusive Conduct?
  • What Can Managers Do About Bullying/Abusive Conduct?
• Retaliation
  • Protected Activity
  • Adverse Action
  • Causal Connection/Nexus
  • Other Anti-Retaliation Laws
• Anti-Discrimination Laws Do Not Immunize Employees From Discipline When Warranted
  • Treat All Employees Equitably
  • Performance Evaluations
  • Discipline
• Preventing Harassment, Discrimination, and Retaliation
• Developing an Anti-Harassment, Discrimination and Retaliation Policy
• Training Employees to Prevent Harassment, Discrimination, Retaliation, and Abusive Conduct
  • Mandatory Harassment Prevention Training
  • Title IX Training
  • Other Training
• Investigating Allegations of Harassment, Discrimination, or Retaliation
  • Appoint An Investigator
  • Keep The Investigation Confidential
  • Right Of Representation
  • Lybarger Admonitions
  • Discriminatory Investigations
• Determining The Appropriate Remedy For Findings of Harassment, Discrimination, or Retaliation
• Title IX Requirements for Resolving Complaints of Sexual Harassment
  • Responding to Complaints/Allegations
  • Grievance Process
  • Notice Requirements
  • Investigations and Standard of Proof
  • Questioning Parties and Witnesses
  • Live Hearing
  • Determinations
  • Dismissals
  • Right to Appeal
  • Informal Resolutions
  • Training
• California Education Code Requirements for Resolving Complaints of Sexual Harassment
• Internal and Title 5 Administrative Remedies
• Exhaustion of EEOC and DFEH Administrative Remedies and Applicable Statute of Limitations
  • EEOC
  • DFEH
• Liability for Money Damages
  • Who Can Be Liable?
  • Harassment by Clients or Non-Employees
  • Constructive Discharge
  • Obligation To Defend And Indemnify Individual Public Employees

Harassment, discrimination, and retaliation can have a profoundly negative impact on work environments.  They can lower morale, impair job performance, and undermine the community’s confidence in your organization.  The cost – in terms of time, money, potential liability, and reputation – can be significant as well.  This workbook will provide a summary of the federal and state anti-discrimination laws that apply to California non-profits, as well as practical guidance to try to avoid claims.

Topics Include:

Laws Prohibiting Harassment, Discrimination, And Retaliation

Religious Organization Exemptions From Title VII And The FEHA

• Exemptions Under Title VII
• Exceptions Under The FEHA

The Ministerial Exception To Title VII And The FEHA

Protected Statuses/Classifications

• Race And National Origin
• Religious Creed
• Physical Disability
• Mental Disability
• Medical Condition
• Sex/Gender
• Age
• Sexual Orientation
• Genetic Information
• Veteran or Military Status
• Opposition To Unlawful Conduct
• Association/Perception
• Use of Cannabis Off the Job and Away from the Workplace

Discrimination

• Disparate Treatment
• Disparate Impact

Harassment       

• Hostile Work Environment Harassment
• Quid Pro Quo

Bullying And Abusive Conduct                   

• What Is Workplace Bullying/Abusive Conduct And Who Is Affected?
• Bullying/Abusive Conduct Is Not Illegal Harassment
• Example Of Bullying/Abusive Conduct
• How Bullying/Abusive Conduct Impacts The Workplace
• What Should Your ORGANIZATION Do To Prevent Or Address Workplace Bullying/Abusive Conduct?
• What Can Supervisors Do About Bullying/Abusive Conduct?

Retaliation                         

• Protected Activity
• Adverse Action
• Causal Connection/Nexus
• Other Anti-Retaliation Laws

Preventing Harassment, Discrimination, And Retaliation

Anti-Discrimination Laws Do Not Immunize Employees From Discipline When Warranted

• Treat All Similarly Situated Employees The Same
• Performance Evaluations Of Employees
• Discipline

Developing An Anti-Harassment, Discrimination, And Retaliation Policy   

Training Employees to Prevent Harassment, Discrimination, Retaliation, and Abusive Conduct     

• Supervisory Employees
• Non-Supervisory Employees
• Temporary and Seasonal Employees Hired to Work Less Than Six Months
• Required Harassment Training Standards

Investigating Allegations Of Harassment, Discrimination, Or Retaliation

Exhaustion Of Administrative Remedies And Applicable Statute Of Limitations  

• Equal Employment Opportunity Commission
• Civil Rights Department