Preventing Workplace Harassment, Discrimination and Retaliation

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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

This document is provided as a benefit to Liebert Library subscribers and cannot be shared outside of their organization. The information contained within is a template only and is not designed to address the specific and unique issues, internal rules, practices, and/or governing documents that might be in place at your organization. You should always consult with legal counsel prior to implementation of any documents.

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