Recognizing and Preventing Harassment, Discrimination and Retaliation

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Harassment, discrimination, and retaliation can have a profoundly negative impact on work environments.¬† They can lower morale, impair job performance, and undermine the community‚Äôs confidence in your organization.¬† The cost ‚Äď in terms of time, money, potential liability, and reputation ‚Äď 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
Disclaimer:

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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