Unit 8: Basic Understanding of the Law

Lesson 2: Laws Related to the Workplace

OBJECTIVES

1. Define sexual harassment.

2. Identify ways to keep from sexually harassing a co-worker.

3. Identify ways to handle a situation in which a co-worker is sexually harassing you.

4. Identify other law violations that occur in the workplace.

SUPPLEMENTAL RESOURCES
How to Avoid Getting Fired – A $129 video training program from the James Stanfield Publishing Company. This video is part of the Job Smart curriculum that sells for $599.

What is Sexual Harassment? – A $89 video from The Learning Seed Company (1800 634-4941).

INSTRUCTIONAL FORMAT
This lesson will provide information on behavior that not only can cost a person his job, but also get him in legal trouble as well. Behaviors such as arriving late to work, not completing assignments on time, and being rude to customers will get you in trouble at work. However, a person cannot get sued or arrested for these behaviors.

1. Discuss sexual harassment. Sexual Harassment is defined as any behavior that is sexual in nature (using bad language, making comments about a person's private parts, telling dirty jokes, hugging, kissing, touching, etc.) that is directed toward a co-worker, and causes an intimidating, hostile, or offensive work environment. Talk to students about two basic types of harassment. The first is when a supervisor makes job decisions based on an employee's willingness to be involved in a sexual relationship. For example, if a boss promotes women who sleep with him and does not promote women who do not sleep with him, he could be guilty of sexual harassment. A second type of harassment is when a co-worker engages in sexual behavior that makes another person feel uncomfortable. If Jack approaches Jill and tells a dirty joke that makes Jill feel uncomfortable, Jack could be guilty of sexual harassment.
   
   

2. Discuss how to avoid sexually harassing a co-worker.
   
   

   • If you are a supervisor, be very careful when trying to start a romantic relationship with an employee who you are supervising. It is strongly suggested that you do not engage in any relationship with co-workers other than a professional one.
     
     

   • Do not use offensive language at work.
     
     

   • Do not tell dirty jokes at work.
     
     

   • Do not bring sexually related items (pornographic magazines, gag gifts, lingerie, etc.) to work.
     
     

   • Handshakes are OK. Any other physical touch could be considered harassment.
     
     

   • If someone tells you that you have just done something that bothered them, do not do that behavior any more.
     
     

3. Discuss what to do if you feel like you are being sexually harassed.
   
   

   • Tell the harasser to stop. It is suggested that students practice telling a harasser "no." The harasser should be played by the trainer, and he or she should make comments to the student such as, "You are looking sexy in that dress," "How would you like to come over to my place tonight and help me with my love-life?" and "You look tense, how about a back-rub?" Responses from students can range from "no" to "I do not think that is appropriate behavior for the workplace. Please stop."
     
     

   • Try to keep a written record of what the harasser has done. Suggest to students who may have difficulty with written communication to tell people close to them about what is going on at work.
     
     

   • Learn the sexual harassment policy at work. Follow the procedure exactly as written. If the harasser does not stop, you may have to talk to that person's supervisor.
     
     

   • If you have followed the company's procedure on stopping sexual harassment and it still has not stopped, contact a lawyer (see lesson titled "Hiring a Lawyer").
     
     

4. Discuss theft in the workplace. Most people will recognize that taking money from an employer is wrong. However, it is important to discuss other ways people can steal from their employers. Taking items from inventory (even a pen) is wrong. Borrowing items from the company can be considered stealing. Even if you plan to return the item, your employer is not going to know this. If you want to borrow something, always ask a supervisor first. Not being truthful about the time that you work is also dishonest. Your employer is paying you in return for your work. If you indicate that you were working when you were not, they are giving you money for free, which is essentially stealing. Remind students that stealing is wrong even if they see other employees, no matter what level, engaging in the above.
   
   

5. Discuss drug use in the workplace. Remind students that employers can legally screen for drug use to see if their employees are using drugs. Inform students that employers can fire a person for failing a drug test, and there is no legal recourse the person can take if this happens. There is a lesson titled "Avoid Destructive Behaviors" in the Health Unit that provides information about the problems of drug use in the workplace. Point out to students that possession and/or use of illegal drugs at work are subject to the same laws as in society.
   
   

6. Discuss the long-term consequences of breaking the law while at work. Inform students that they may be required to indicate whether they have committed a crime on a job application. It is difficult to get a job with that information on your record. A prospective employer may be even more wary if that crime occurred in a work setting.

SIGNS OF GENERALIZATION
Students do not break any laws at work. They identify when someone is involved in illegal activity and seek appropriate support to avoid getting involved.

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