Specifications include, but are not limited to: The Contractor must provide materials that contain the following: The training material must include, at a minimum, the following subjects: Harassment, both sexual and discriminatory. How verbal and/or physical conduct could be harassment and/or illegal. The difference between discrimination and harassment. Develop a clear understanding what may constitute discriminatory or sexual harassment. Legal issues related to harassment. Manager’s responsibilities Requirements for leaders when facing complaints of harassment or discrimination. Legal requirements and ramifications when receiving and acting on complaints of harassment or discrimination. Materials will ensure Managers understand their “Duty to Act” when facing complaints of harassment and discrimination. Learning Points will include but are not limited to: All forms of harassment and inappropriate behavior require management intervention. Inaction implies that harassment is not a serious business issue and/or that the organization condones the behavior. Documentation may be inadequate without getting help. Violations of the law and/or policy supersede the trust and bond between a manager and employee. Abusive behavior vs. illegal behavior Actions and behaviors that may cost you your job and which ones may cost you much more. How to respond to accusations of abusive and/or illegal behavior on your team. How to prevent employees from engaging in abusive and/or illegal behavior. Training contains simulations and case studies through facilitation that will help managers understand that actions and behaviors may not only cost them their jobs but could go into further personal liability. Material will include but are not limited to: Bullying behavior is not an effective or acceptable management style or performance management method. Behavior that is not illegal may still harm the workplace environment and put the organization at risk. have a responsibility to address inappropriate workplace behaviors. Inappropriate workplace conversations What do you do when everyone else finds it funny, but you are uncomfortable? Legal issues with inappropriate workplace conversations. Simulations of potentially inappropriate workplace conversations Inappropriate mutual banter may negatively impact the work environment. Managers must act on inappropriate behavior even if no one appears offended. Employees should speak up directly to their colleagues about inappropriate behavior if they are comfortable doing so. Speaking up about workplace concerns Activities protected under the law. How to respond if you think you have been retaliated against. What constitutes retaliation. Understanding the difference between retaliation and accountability. Sexual harassment involves unwelcome sexual advances, requests for sexual favors, or other related conduct that a reasonable person would consider intimidating, hostile, or abusive. Inappropriate comments and actions may taint the legitimacy of business decisions. Retaliation occurs when an employee is disciplined or fired or the person(s) employment is adversely affected because the person(s) raised a complaint, participated in an investigation, or took legal action. Leaders should never take adverse action against an employee for raising a complaint in good faith. Electronic communications / social media use How social media impact the workplace? How to address employee behaviors on social media – what is legally permissible and what is not. MDOS will work with the Contactor to share the social media policy to determine what is and is not permitted. Hostile work environment How to spot a toxic work environment. Learning points included but not limited to definitions and explanations of Hostile Work Environments. Behaviors that may fall under Contractors “Uncivil Behavior Triangle” can lead to a toxic work environment. Contractor will give the opportunity to discuss behaviors that contribute to toxic work environments and what to do to contribute to a values-based culture. Help! When to ask for assistance “Get Help” is a component of Civil Treatment and will be reinforced throughout the training material. Proper documentation of behaviors for fair and legal accountability The training will go into detail effective documentation, components of effective documents, and why documentation is important but why documentation alone might not be enough to change behavior. This will allow proper documentation of behaviors to ensure a fair and legally accountable culture. Going to court Tactics and questions that attorneys will use in a harassment lawsuit? The consequences of not knowing or ignoring employment law. Become comfortable in the courtroom by engaging in simulated courtroom activities or viewing and discussing actual courtroom activities. This will include a courtroom simulation with a cross examination that will illustrate tactics and questions that attorneys might use in a harassment suit. The consequences of ignoring law while becoming comfortable in the courtroom by engaging in simulated courtroom activities or viewing and discussing actual courtroom activities.
