HARASSMENT

IN THE WORKPLACE,
EDUCATIONAL
PROGRAMS & ACTIVITIES
P&S LOCAL 486 JATC

PRESENTED BY:
Ashley Macaysa & Patrick Ciociola
Abato, Rubenstein and Abato, P.A.
Date: X X, 2021

www.abatolaw.com
410-321-0990
Overview
01. Overview 02. Legal Landscape

03. Bullying 04. Harassment 05. Reporting and

Retaliation
Harassment in The News

Bill O’Reilley
• News reports that he’s paid $13 million in five sexual harassment suits
against the Fox News star since 2002
• Show lost half of its advertisers since settlements were reported
• Allegation by Wendy Walsh – LA radio personality – alleging he reneged
on a promise to help her get a position at Fox News after she turned down
invite to visit his hotel room
• Terminated
• Comes on the heels of deals made to settle cases against the former
Fox News Chairman, Roger Ailes
Harassment in The News

Harvey Weinstein

• Countless models and actresses accused Weinstein of harassment and

assault

• Ongoing criminal prosecution, faces decades in jail

• Triggered the #MeToo campaign

Harassment in The News

After Weinstein’s story broke:

• Roman Polanski (director)

• James Toback (writer/director) – 38 women allege harassment
• Bob Weinstein
• Roy Price (president of Amazon Studios)
• Chris Savino (Nickelodeon animator) – multiple women accused
him of sexual harassment
• Lockhart Steele (editorial director of Vox Media)
• Andy Signore (creator of “Honest Trailers”)
• John Besh (celebrity chef – Iron Chef, Top Chef) 25 women
accused him of sexual harassment
Why are these issues relevant to you?

• A respectful workplace is good for any organization’s success, reputation and productivity.

• Your actions or failure to act can absolve the Union and you of liability, or cause liability.

• You may unknowingly be violating the law.

• You may be sued personally for harassment or for ignoring allegations.

• Employees who violate internal policies may face employment repercussions.

• Previous behavior (good or bad) can be considered as evidence in employment-related

investigations and litigation.
The Legal Landscape

Bullying and Harassment Unlawful Harassment

 Bullying is not typically  Unlawful harassment refers to
considered unlawful
harassment. harassment that is prohibited
under federal laws such as Title VII
 Conduct may qualify as
“harassment” without and Title IX of the Civil Rights Act
being considered unlawful of 1964.
harassment.
 Most states also have their own
separate discrimination laws and
state agencies that enforce such
laws.
“
There is no law
protecting
individuals from
those who are
jerks . . . or from
their bosses.
Bullying

 What is bullying?
 What is harassment?
Bullying

• There is no federal law that prohibits bullying in the workplace.

• A model bill has been introduced in 30 state legislatures, including Maryland,
called the “Healthy Workplace Bill.”
• The Healthy Workplace Bill would make it unlawful to subject an employee to an
“abusive work environment”.
• An abusive work environment is one where an employee is subject to “abusive
conduct that is so severe that it causes physical or psychological harm”.
• However, this bill has not been enacted into law in any state (California and
Utah have adopted discrete portions of the model bill).

10
Bullying

• As an employee, you should remember that even if bullying and certain

forms of harassment are not necessarily unlawful, you may be subject to
discipline by your employer for engaging in such conduct.
• Physical violence in the workplace is usually grounds for termination
and/or criminal prosecution.

11
Unlawful
Harassment

Harassing Conduct Will Not be Tolerated

Harassment on the basis of race, color, religion, national origin, sex,
sexual orientation, age (40 or older), genetic information, and disability
will not be tolerated by P&S Local 486 JATC.

Such harassment in the workplace is prohibited under Title VII of the

Civil Rights Act of 1964.

12
Unlawful
Harassment

In the Classroom and In the Workplace

You should keep in mind that harassment on the basis of an
individual’s protected class is prohibited in the classroom as well as in
the workplace.

13
Harassment: Hostile
[Work & Learning]
Environment
The Legal Standard
• There must have been conduct that is subjectively and
objectively hostile;
• The complained-of conduct must constitute severe or
pervasive harassment;
• The complained-of conduct must have been based on
membership in a protected class.
• race, color, religion, national origin, sex, sexual orientation, age
(40 or older), genetic information, and disability
14
Sexual Harassment:
“Quid Pro Quo”

This for that.

 Occurs whenever an employer
(or supervisor) explicitly or
implicitly conditions a job, job
benefit, or the absence of a job
detriment upon an employee’s
acceptance of sexual conduct.
This behavior constitutes
sexual harassment.

15
Sexual Harassment:
“Hostile Work Environment”

Hostile Work Environment Sexual Harassment. “The air at work

is full of sexual references and it is impacting me.” A hostile work
environment may occur when unwelcome sexual advances,
requests for sexual favors, or any conduct of a sexual nature has
the purpose or effect of substantially interfering with an
individual’s work performance or creating an intimidating, hostile
or offensive working environment.

16
Types of Harassment

1. Verbal harassment

2. Physical harassment

3. Visual harassment

17
Examples of Verbal Harassment

1. Intimate nicknames (“honey”, “baby”) 9. Whistling, cat-calls, etc.

2. Sexual, dirty, ethnic, or racist jokes 10. Sexual profanity
3. Ageist statements or jokes 11. Harassing voicemails or texts
4. Discussing sexual topics 12. Mocking disability, religion, sexual orientation,
or gender identity
5. Flirting or sexual advances
6. Boasting of sexual conquests
7. Excessive compliments
8. Sexual innuendo

18
Verbal Harassment Hypothetical
Jim and Linda are both steamfitter apprentices. While at work, Jim repeatedly asks
Linda what she and her boyfriend did over the weekend, whether she lives with her
boyfriend, whether she has ever cheated on her boyfriend, and what types of men she
likes to date.

As time passes, Linda becomes bothered about Jim’s questions. She tells him that he
is acting inappropriately and asks him to stop.

Jim angrily responds that he was just joking around and argues that he did nothing
wrong.

Has Jim committed verbal harassment?

19
Examples of Physical Harassment

1. Hugging
2. Kissing
3. Touching hair, body, or clothing
4. Neck or shoulder massages
5. Leaning over, or cornering, someone
6. Slapping or pinching
7. Any type of violent physical behavior
8. Any unwanted physical contact

20
Physical Harassment Hypothetical

Katie regularly puts her arm around her co-workers’ backs

when she discusses business matters with them. She also
has a habit of leaning towards her co-workers and talks
within a few inches of their faces.

Has Katie committed physical harassment?

21
Examples of Visual Harassment

1. Sexual posters, pin-ups, calendars, magazines, etc.

2. Obscene or sexual gestures
3. Sexually suggestive or explicit websites (i.e. YouTube)
4. Sexually suggestive screen savers
5. Sexually suggestive gifts
6. Inappropriate staring (“elevator eyes”)
7. Obscene, sexual, racist, or offensive emails, texts,
messages, notes, or invitations
22
Visual Harassment Hypothetical

Mike and Amanda are both apprentices who work together

regularly. The two have become friendly. On Amanda’s
birthday, Mike gives her a pair of expensive jeans. When she
wears them to work the next day, Mike persistently stares at
Amanda and tells her that her legs look “sexy” in her new
jeans.

Is Mike guilty of visual harassment?

23
Harassment in Online Environments

Our conduct online and through social media can constitute workplace harassment even when
it occurs “off the clock”, “off-site”, or even “out of state”.
Online harassment includes using e-mail, cell phone texts, internet posting, online comments,
blog posts, and social media (such as Facebook, Twitter, LinkedIn, Instagram, YouTube, and
Snapchat) to send communications of a sexual or discriminatory nature. Examples include:
• Flirting and requests or demands to go on a date or have sex
• Sending inappropriate pictures or videos including sexually graphic material
• Using sexual language or comments including sexually offensive language
• Cyber stalking
• Sending threatening messages

24
Invalid Defenses to Harassment
Complaints

• “I have the right to express my own view.”

• “I was just trying to be funny. It was just a joke.”
• “He or she never complained about my behavior.”
• “I’m just a very friendly person.”
• “I was just flirting.”
• “I did not mean it or intend it that way.”
• “I’m crass with both men and women.”

Key Point: It is the impact of one’s behavior that determines whether or not it is
harassment, not the intent.

25
You Have a Right to
Report Harassment

• Any individual who believes that he or she has been or is being discriminated
against on the basis of race, color, religion, national origin, sex, sexual
orientation, age (40 or older), genetic information, or disability with regard to
apprenticeship may, personally or through an authorized representative, file
a written complaint.

26
You Have a Right to
Report Harassment

• Any apprentice who believes he or she has been discriminated against or harassed may report the incident
immediately to the Training Director of the Plumbers and Steamfitters Joint Training Apprenticeship Committee, U.A.
Local Union #486.
• An apprentice may report any incident of discrimination involving the Training Director to the Chairman of the JATC.
• All apprentices have the right to file charges of discrimination with the appropriate State and Federal anti-
discrimination agencies.
• State and Federal law requires that the JATC, through the Training Director, or if unable, the JATC Board and/or its
designees, investigate claims of discrimination or harassment on the job.
• The Union will cooperate in the JATC’s investigation consistent with its obligations under State and Federal law.
• Confidentiality will be safeguarded to the extent possible consistent with conducting a full investigation and the
obligation to protect the rights of all involved.

27
Retaliation is
Prohibited
A participant in an apprenticeship program, nor employee, may not be
intimidated, threatened, coerced, retaliated against, or discriminated against
because the individual has:
• Filed a complaint.
• Opposed a practice wherein the apprentice believes they are being
discriminated against or harassed in accordance with federal or state
equal opportunity law.
• Furnished information to, or assisted or participated in any manner, in any
investigation, compliance review, proceeding or hearing.

28
Harassment & Discrimination Under Maryland
Law
Harassment &
Discrimination Under
Maryland Law

• "Harassment" includes harassment based on race, color, religion, ancestry or

national origin, sex, age, marital status, sexual orientation, gender identity, or
disability, and retains its judicially determined meaning. See Md. Code § 20-
601(h).

• It is an unlawful employment practice for an employer to refuse to hire,

discharge, or otherwise discriminate against any individual with respect to the
above categories. See Md. Code § 20-606(a)(1).

• It is an unlawful employment practice for an employer to “engage in the

harassment of an employee”. See Md. Code § 20-606(a)(5).
30
Harassment &
Discrimination
Under Maryland Law

• Under Maryland law, civil complaints alleging harassment must be filed within
3 years after the alleged harassment occurred. See Md. Code § 20-
1013(a)(ii).

• In addition to bringing a traditional civil action for harassment, a complainant

may elect to have their claims asserted in a civil action brought by the
Maryland Commission on Civil Rights on the complainant’s behalf, if the
Commission has found probable cause to believe that an unlawful
employment practice (i.e., harassment or discrimination) occurred. See Md.
Code § 20-1007(a).

31
Harassment &
Discrimination
Under Maryland Law
Maryland requires each employer in the State of Maryland with 50 or more employees to
electronically submit to the Commission on Civil Rights answers to a short survey on:
• (1) the number of settlements made by or on behalf of the employer after an
allegation of sexual harassment by an employee;
• (2) the number of times the employer has paid a settlement to resolve a sexual
harassment allegation against the same employee over the past 10 years of
employment; and
• (3) the number of settlements made after an allegation of sexual harassment that
included a provision requiring both parties to keep the terms of the settlement
confidential.

• This requirement was imposed by the “Disclosing Sexual Harassment in the

Workplace Act of 2018”. The survey must be answered every 2 years.
32
Labor Organizations
as “Employers”
• “Labor organizations” are specifically defined as a type of “employer” subject to
Maryland’s discrimination and harassment law. See Md. Code § 20-601(d)(3).

• Under Maryland law, in an action alleging a violation of this subtitle based on

harassment, an employer is liable:
• (1) for the acts or omissions toward an employee or applicant for employment
committed by an individual who:
• (i) undertakes or recommends tangible employment actions affecting the
employee or an applicant for employment, including hiring, firing,
promoting, demoting, and reassigning the employee or an applicant for
employment; or
• (ii) directs, supervises, or evaluates the work activities of the employee; or
• (2) if the negligence of the employer led to the harassment or continuation of
33
harassment. See Md. Code, § 20-611
Labor Organizations
as “Employers”
• Under Title VII, it is an unlawful employment practice for a labor organization to:

• exclude or to expel from its membership, or otherwise to discriminate against,

any individual based on that individual’s protected class.
• limit, segregate, or classify its membership or applicants for membership, or to
classify or fail or refuse to refer for employment any individual, in any way
which would deprive or tend to deprive any individual of employment
opportunities, or would limit such employment opportunities or otherwise
adversely affect his status as an employee or as an applicant for employment,
because of such individual’s race, color, religion, sex, or national origin; or
• to cause or attempt to cause an employer to discriminate against an individual.

34
Questions?