Harassment, Discrimination, or Neither
Paul asks his supervisor, Andy, for every Saturday off. When asked why, Paul states that he is a practicing Orthodox Jew and would like to observe the Sabbath. Andy grants Paul’s request, but most Fridays Andy sarcastically asks what Paul will be doing that evening and the next day.
What is Discrimination or Harassment?
Which protected status(es)?:
-Tell us about your family.
-Race, color, religion, national origin, -Gender, pregnancy, -Age (over 40),
-Disability, Genetic Information, -Sexual Orientation, -Gender Identity
Which protected status(es)?:
-Who do you live with?
-Race, color, religion, national origin, -Gender, pregnancy, -Age (over 40), -Disability, Genetic Information, Associates, -Sexual Orientation, -Gender Identity
[FLSA, FMLA, or ADA]
Allows for up to 12 weeks of unpaid leave for -Pregnancy, prenatal medical care, or child birth; -Care of newborn, adoption, or foster care; -Care for immediate family member -Serious health condition
What is FMLA (Family and Medical Leave Act)?
[Bullying, Harassment, OR Assault]
A male employee tackles a female employee.
All of the above:
Bullying & Assault [physical] - clear
Harassment - restricting movement
Stanley has a crush on his co-worker, Lucy. He asks her for dates several times, but she always says no. Now he just stares at her when she's at her desk and when she walks around the office. He seems to watch her every move; this goes on for months.
What is Harassment?
Which protected status(es)?
-How many kids do you have?
-When do you plan on having kids?
-Gender, pregnancy, -Sexual Orientation, -Gender Identity
Which protected status(es)?:
-What does your spouse do?
-Does your spouse have insurance?
-Gender, pregnancy, -Disability, Genetic Information, Associates, -Sexual Orientation, -Gender Identity
[FLSA, FMLA, or ADA]
Law whose key provisions are: -Minimum Wage -Overtime (exempt vs. non-exempt) -Hours Worked -Recordkeeping -Child Labor
What is FLSA?
[Bullying, Harassment, OR Assault]
This is not acceptable at ASEA.
All the above.
A company decides to layoff all white, male employees in a certain department.
What is Discrimination?
Which protected status(es)?
-Have you ever been arrested?
-Have you ever spent a night in jail?
-Arrest Records, -Race, color, religion, national origin
Which protected status(es)?:
-Where did you grow up?
-Race, color, religion, national origin
[FLSA, FMLA, or ADA]
Employee has a question about this? -Go to HR -Go to HR -Go to HR
What are FLSA, FMLA, ADA?
[Bullying, Harassment, OR Assault]
Gerald's co-worker calls him a fatty and that no-one could love him if he doesn't lose weight.
Bullying.
Myrtle, who loves the beach, is always posting pictures of herself in a bikini on Instagram. Her boss, during non-work hours, comments on one of the pictures, "Nice A**, I'd hit that!".
What is Harassment?
Which protected status(es)?:
-That’s an unusual last name—what does it mean?
-Race, color, religion, national origin
Which protected status(es)?:
-Do you have any health conditions?
-Are you on any medication?
-Disability, Genetic Information, Associates, -Gender, pregnancy, -Age (over 40)
[FLSA, FMLA, or ADA]
Law that doesn't allow employees to work "Off-the-clock", "work" includes... (1) Clocked in or at work (2) Traveling between job sites (3) Time changing for work* (4) Clocked in, even if not approved*
What is FLSA?
[MATCH to Bullying, Harassment, Assault]
1. Get the police involved.
2. In most cases supervisor can handle it, but can always ask HR for help.
3. Get HR involved. Supervisor has duty to act.
1. Sexual Assault
2. Bullying
3. Harassment
A job candidate, who is gay, is not hired due to lack of experience/education.
What is Neither?
Which protected status(es)?:
-When did you graduate from high school?
-Age (over 40)
Which protected status(es)?:
-Do you think my assistant is hot?
-Gender, pregnancy, -Sexual Orientation, -Gender Identity
[FLSA, FMLA, or ADA]
The law that recently expanded its definition of disability that should be interpreted in favor of broad coverage of individuals (this means when in doubt, and unless you are absolutely certain otherwise, assume someone is covered).
What is ADA?
[MATCH to Bullying, Harassment, Assault]
1. Harvey Weinstein
2. Louis C.K.
3. Gordon Ramsay
1. Assault
2. Harassment
3. Bullying