Speaker 1: Greetings from the Office of Compliance and Investigations, a department under our General Counsel, Kevin C. Brown. My name is Dr. Georgia Hampton, and I am the Director of Compliance and Investigations. This video has been created for you to understand what is discrimination and what to do if it happens to you. We are committed to providing a discrimination-free workplace, and we need everyone's help in this endeavor.

Speaker 2: Welcome. JCPS is committed to providing a workplace free of harassment and discrimination of any kind, including sexual harassment and other forms of harassment based on race, color, religion, national origin, gender, age, disability, or any other characteristic protected by state or federal employment discrimination laws. It is important to know that prevention of these forms of unwanted behaviors is the best tool to eliminate discrimination and harassment in the workplace. But you need to do your part. Treating others as we would like to be treated is a crucial key. It is the responsibility of every employee to treat coworkers with respect and to speak up if they witness inappropriate conduct. Education and prevention is the best tool to eliminate harassment in the workplace. One of the first steps to prevention is knowing your rights. The U.S. Equal Employment Opportunity Commission is responsible for governing those rights by enforcing federal laws that make it illegal to discriminate against a job applicant or employee based on several federally protected statutes. Those include Age Discrimination and Employment Act, which prohibits discrimination against persons age 40 and over. American with Disabilities Act, which prohibits discrimination against persons with disabilities. Civil Rights Act, which prohibits discrimination in employment based on race, color, sex, religion, and national origin. Civil Rights Act of 1964, which allows for jury trial and compensatory damages for violation of Title VII. Equal Pay Act, which requires equal pay between employees of different sexes for equal work. Executive Order 11246, which establishes requirements for nondiscriminatory practices in hiring and employment on the part of U.S. government contractors. Federal statutes also protect our students in Title IX of the Education Amendment of 1972, which prohibits discrimination based on sex in education programs and activities that received federal financial aid. And states, no person in the United States shall, on the basis of sex, be excluded from the participation in, be denied the benefit of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. In addition to those statutes already mentioned is the new revised Pregnancy Discrimination Statute, KRS 211.755. This states, a mother may breastfeed her baby or express breast milk in any location, public or private, where the mother is otherwise authorized to be. Breastfeeding a child or expressing breast milk as part of breastfeeding shall not be considered an act of public indecency and shall not be considered indecent exposure, sexual conduct, lewd touching, or obscenity. It is important to know and always remember that this policy applies to those who are visitors to your building as well. There are many different forms of harassment. It's interesting to note that sexual harassment, although the first form of harassment that comes to the mind of most, is actually the least form of harassment that occur in the workplace. However, it is still very serious and costs organizations millions every year in compensation and damages. Sexual harassment is conduct of a sexual nature that occurs in the workplace. Sexual harassment is a form of sexual discrimination that violates Title VII of the Civil Rights Act of 1964. It is unwanted and can include sexual advances, request for sexual favors, verbal and or physical conduct of sexual nature, and displaying of sexually explicit or suggested materials. Sexual harassment can be affected by the offensive behavior, not just the person who is being targeted. Harassment does not only affect females. Men too can be greatly affected. In fact, 15.9% of charges filed in 2018 were males. In 2018, there were almost 7,000 complaints of sexual harassment nationwide reported to the Equal Employment Opportunity Commission. These totals have continued to increase over the years, with settlement dollars equaling almost $60 million. These totals do not include the additional money which was paid out to victims through litigation processes, which substantially increases this total. That's right. Sexual harassment can cost companies millions. Other less direct financial strikes can evolve when harassment affects the work environment. It can lead to an unproductive workforce, increased turnover, and harm to any organization's reputation, which can take extensive time and money to repair. JCPS is an equal opportunity employer and treats the equal treatment of employees very seriously. Board policy states the district shall not discriminate in recruitment, employment, retention, promotion, demotion, transfer, or dismissal on the basis of race, color, national origin, age, religion, marital or parental status, political affiliations or beliefs, sex, sexual orientation, gender identity, gender expression, veteran status, religion, genetic information, or disability. Retaliation is also against the law. It occurs when an employer or agency takes adverse actions against a covered individual because he or she exercises in a protected activity, such as an individual's right to bring forth an issue of discrimination or take part in a discrimination proceeding or otherwise opposing discrimination. There are two types of harassment that the court system recognizes. They are quid pro quo, which is this for that, something for something, and usually occurs in a supervisor-employee relationship. The hostile work environment, which is severe and pervasive conduct, unreasonable interference with an individual's job performance, offensive, intimidating, and hostile in the work environment, and can be created by anyone in the workplace. While we are talking about hostile work environment, it is important to keep in mind that hostile work environment must be based on a protected class, such as sex, age, gender, disability, and so forth. Reasonable person is a fictional person with an ordinary degree of reason, prudence, care, foresight, or intelligence whose conduct, conclusion, or expectation in relation to a particular circumstance or fact is used as an objective standard by which to measure or determine something. Or in other words, a person who thinks as or with the community or agrees along with the judgment of a group or the majority of the public. For example, a majority of people in a community may jaywalk, but jaywalking may still fall below the community's standards of safe conduct. And each time you get behind the wheel of a car, regardless of where you're going and where you've been, a motorist is still expected to obey traffic laws and pay attention to pedestrians and other drivers. Now let's test out your sexual harassment IQ in the following true or false questions. When a woman wears a short skirt or a person observes heterologous grooming practices, they are making the kind of statement that is asking for harassment. The answer is B, false. Harassment is a form of discrimination that involves unwelcome conduct, or in this case, unwanted attention. It is safe to say that no one is asking for unwanted attention due to their choice of clothing. A sexual relationship between a boss and a subordinate is always considered harassment. The answer is B, false. Sexual relationships between two consenting employees, regardless of their position of employment, is not a form of harassment. It is considered flattery, not harassment, when one person repeatedly asks another for a date despite continued turndowns. The answer is B, false. Repeatedly asking one out on a date is a form of harassment. By continuing that form of conduct, you could be placing the other in an uncomfortable position and providing an environment considered to be intimidating, hostile, or even offensive. It is always considered harassment to compliment a person's appearance or clothing. The answer is B, false. It is not considered harassment to pay someone a compliment. However, if those comments are inappropriate or unwelcome and continue after being asked to stop, you could be opening the situation for harassment complaint. Unwanted physical contacts, including hugs and pats, are considered harassment. The answer is A, true. Any physical contact, regardless of its form, is considered harassment when unwanted and continues after being asked to stop. But know that physical contact that is unwanted and pervasive, such as groping, only has to occur one time to be considered harassment. Threatening job repercussions if a person turns down a date or sexual relationship is considered harassment. The answer is A, true. Threatening or changing someone's job as a result of being turned down for a date is a form of quid pro quo harassment. It is a this-for-that type of situation where one who may have a certain power over the other inappropriately exerted that power as a form of retaliation. Harassment is generally defined by how the person on the receiving end takes it. The answer is A, true. It does matter what you may have intended by a certain comment or a certain gesture. If the person on the receiving end of that comment or gesture is uncomfortable and has made their position known and you continue that behavior, you could be opening yourself up for harassment complaint. If an African American individual intimidates and threatens a Hispanic individual, it's not harassment because they are both minorities. The answer is false. Regardless of whether it occurs between two individuals considered minorities, it can still be considered harassment. Sexual jokes, comments, and gestures are not considered harassment when directed at someone of the same sex. The answer to this is false. Sexual harassment may violate employee policy, but it isn't always against the law. The answer to that is false. Sexual harassment can occur in different forms. It could be something you say, things you do, physical actions such as touching and blocking. Examples of things that can get you into trouble include staring, winks and kisses, personal gifts, displaying sexually oriented pictures, using sexually oriented screensavers, letters, phone calls or materials of sexual nature, and addressing someone with your eyes. Examples of physical actions include touching, pinching, patting, bumping, grabbing, cornering or blocking hallways, and unsolicited back or neck rubs. Other danger zones include retaliation, calling someone a nickname, stereotyping, sending inappropriate email and inappropriate use of the internet that's viewed by others, dating and initiating personal relationships, cartoons, posters and pictures, and wearing inappropriate apparel, saying jokes that include things that may be sexual, racial, religious, or national origin, and making comments about one's personal appearance. No one is exempt from this type of behavior. It can be committed by anyone. Sexual harassment is wrong at any time and JCPS recognizes its importance with a zero tolerance policy. Now that we have discussed several forms of harassment, let's look at what to do if you find yourself in a potential situation of discrimination. First thing you want to do is speak to the person harassing you. It is possible the person is not aware their behavior or comments may be offending you. Then write everything down and report the incident to your supervisor. Or call Compliance and Investigations at 485-3341. And please do not delay. We each have the right to work in an environment free of harassment and discrimination. But as employees of Jefferson County Public Schools, we also deserve the right to work in an environment where sets of principles are governed and behaviors are ethical. An environment that achieves expectations and increases trust and quality throughout the district. In the workplace environment, it goes far beyond just being kind to people. It can also be doing the right thing, like having a set of principles that govern the direction of an organization, such as guidelines that limit inappropriate behavior or actions that could be considered illegal, like receiving gifts over a certain value. For example, although gifts are generally prohibited, ethics guidelines limit gifts to receipts with a value of at least $50 per school year. Gifts may include cash, product, or free or discounted services received from anyone because you are a JCPS employee. While vendor relationships are obvious, students and their parents are also covered by this limit. Only PTAs and bargaining units are exempt. What we do and how we conduct ourselves sets the tone within our organization, as well as with the public. Public trust and trust with one another is important. And that's why we hold each employee, volunteer, and affiliate to the highest ethical standards. We are proud to announce that in 2018, Jefferson County Public Schools implemented its first ethics guidelines. These guidelines can be found, referenced, and attached to the JCPS Board Policy Manual Section 03.17, Discipline, Suspensions, and Dismissal of Classified Employees, and Sections 03.27, Discipline, Suspensions, and Dismissal of Certified Employees. The purpose of those guidelines is to make sure that every employee or affiliate acts in the highest ethical manner to preserve the public trust, and to make sure every employee or affiliate knows there are clear, comprehensive ethical requirements established. These guidelines apply to everyone, including you. This means JCPS expects everyone to have a commitment to excellence, district and personal integrity, and responsibility, and we will prove this in everything we do. We each have the responsibility to set the example and demonstrate integrity in order to include trust and respect. To ensure a positive working environment, we each have a vital role and are each required to uphold certain levels of behaviors and commitments. Part of our commitment is making decisions in the best interest of the district, thereby making the best decision in the best interest of our students. This means demonstrating proper workplace conduct, avoiding conflicts of interest, and maintaining appropriate relationships with coworkers and our students. In addition to how we conduct ourselves internally, each of us are also required to promote and uphold the public confidence. This includes not abusing leadership roles and not abusing public position and resources, using district time wisely, and knowing when to keep information confidential. As part of this team, it is crucial you understand how important your role is in maintaining an ethical organization. Each of us has a voice and has the power to make change. As part of this district, you are not only responsible for your own ethical conduct, but are also equally responsible for making sure those around you are upholding JCPS's ethical standards, just as it is your responsibility to make sure the environment is free of harassment and discriminatory behaviors. It is also your responsibility to report improper conduct to the appropriate reporting agency. This includes, but is not limited to, gross mismanagement, significant waste of funds, abuse of authority, threats of safety, violations of our ethics guidelines, laws, rules, regulations, policies, and procedures, or otherwise conduct that damages our integrity or reputation. While these ethics guidelines provide general guidance, it does not provide a complete list or definitive answer to every possible ethical situation. Remember, this policy applies to all district personnel, volunteers, or affiliates with district staff, students, or information, and applies to all situations involving district business, student relations, contracts, and events. Violations of these policies may result in administrative or disciplinary action. In order to ensure we are in compliance, there are mandated trainings you need to be aware of. These include viewing of this video and taking the accompanying quiz. This also includes viewing and completing the state-mandated Child Protective Services training. Please contact your principal or call center head if these have not been provided to you. And remember that all employees are mandated reporters. Each of you should have received the annual CPS mandated reporter memo emailed by the superintendent. If you have not received it or need another copy, contact the Director of Compliance and Investigations. Important, please note, in the Reporting Child Abuse and Neglect Memorandum, Section 7, if a CPS worker or a Crimes Against Children Unit officer who visits your school wishes to interview a child alone, school personnel are to comply. Here at JCPS, our goal is to develop a culture free of harassment and discrimination and one that supports ethical decision-making and provides a positive environment where hard work, creativity, and innovation are the norm. And with your help, we can achieve just that. The bottom line is that JCPS cannot be a team if every member is not part of the team and treated appropriately. So remember, treat others as you would like to be treated. Thank you for joining me. Now here's to a discrimination, harassment-free, and ethically driven work environment. For more information, contact Compliance and Investigations or visit our website with Jefferson County Public Schools.