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