Lecture on Unlawful Discrimination, Harassment, and Retaliation

Introduction

Presenter: Kristen Anger, Attorney at Summit Law Group
Focus: Unlawful discrimination, harassment, and retaliation in the workplace
Importance: Common area of misunderstandings in law
Training Scope: Definitions, case studies, policies, reporting procedures, expectations after reporting

Protected Classes: Gender, Race, Religion, Disability, Sexual Orientation, Age (40+), Marital Status, National Origin, etc.
Key Federal Laws: Title VII, Americans with Disabilities Act (ADA), Age Discrimination Act, Pregnancy Discrimination Act, etc.
Washington State Laws: Also covers Gender Identity, Gender Expression, Marital Status
Disparate Treatment: Different treatment based on protected class
Disparate Impact: Neutral policies affecting a specific group disproportionately
Employer Obligations: Equal treatment in hiring, firing, promotion, compensation, disciplinary actions
Reasonable Accommodation: For disabilities and sincerely held religious beliefs
Examples: Quid Pro Quo Harassment, Hostile Work Environment

Quid Pro Quo Harassment: Sexual favors for job benefits
Hostile Work Environment: Pervasive offensive behavior affecting workplace
Criteria: Unwelcome behavior, based on protected class, severe or pervasive, employer’s knowledge
Examples & Case Studies: Tom's unwanted massages, Joseph’s disability-based harassment, Serena’s unwanted advances, etc.

Definition: Punitive action against someone for reporting discrimination/harassment
Protected Activities: Complaining in good faith, testifying, participating in investigations
Elements: Protected conduct, adverse action, causal connection
Examples: Manager being hostile after a complaint, exclusion from meetings/emails

Who Should Report: Anyone subject to or witnessing harassment/discrimination
Supervisor Obligations: Mandatory reporting of harassment to HR
Timing: As soon as possible, with specific details
Investigation Process: Can vary; some may involve external parties, others internal
Confidentiality: Handled sensitively, but not absolute confidentiality
Possible Outcomes: Could include discipline, training, changes in workplace

Perceptions and Misconceptions: Intent doesn’t matter; unwelcomed behavior counts
Microaggressions: Subtle everyday discriminations
Reasonable Person Standard: Would a reasonable person be offended?
Beyond Work: Off-duty conduct can also be harassment if it impacts the workplace
Protected Public Spaces: Prohibited discriminatory behavior in places open to the public
Supportive Culture: Encouragement to report on behalf of colleagues, collaboration with HR
Non-Retaliation: Protection against punitive measures for reporting/cooperating

Self-Monitoring: Understand and evaluate personal behaviors and interactions
Cultural Sensitivity: Recognize different backgrounds and their implications on behavior
Reporting Pathways: Utilize set channels for reporting any incidences
Continuous Learning: Encouraged to revisit and understand policies and procedures