Respectful Workplace Refresh
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Bystander Intervention Refresh
For organizations that subscribe to Bystander Intervention, refresh content is now available for review.
Please click below to review the Bystander Intervention refresh content.
Bystander Intervention Refresh Notes
Bystander Intervention training has been refreshed with new scenarios and examples, as outlined here:
- Introduction: new examples
- Increasing Your Awareness: new examples for tuning in to your potential “blind spots.”
- Engaging in Intervention: “The 5Ds”: Scenario (new scenario)
- Engaging in Intervention: “The 5Ds”: Your Turn! (new examples)
- Expressing Your Support: Your Turn! (new examples)
- Contributing to an Inclusive Culture (new example)
Bystander Intervention Refresh
For Firms that subscribe to Bystander Intervention, refresh content is now available for review.
Please click below to review the Bystander Intervention refresh content.
Bystander Intervention Refresh Notes
Bystander Intervention training has been refreshed with new scenarios and examples, as outlined here:
- Introduction: new examples
- Increasing Your Awareness: new examples for tuning in to your potential “blind spots.”
- Engaging in Intervention: “The 5Ds”: Scenario (new scenario)
- Engaging in Intervention: “The 5Ds”: Your Turn! (new examples)
- Expressing Your Support: Your Turn! (new examples)
- Contributing to an Inclusive Culture (new example)
(Liam & Jeannette)
Using the BUS approach to respond to inappropriate behavior.
(Bruce & Neal)
Bruce has disliked Neal since they joined the firm together. When Neal beat Bruce out for a new assignment, Bruce took his insults to a new level.
Key Lessons:
- Bullying can happen between colleagues at all levels, including peers.
- Over time, bullying cand have a profound negative impact, including interfering with work performance, negatively affecting morale and self-esteem, and chipping away at mental and physical health.
- Bullying behaviors should be reported to a supervisor or HR.
(Zara, Kimberly & Jake)
Zara has a reputation for being a tough boss but during a conference call with Jake and Kimberly, her demands crossed the line into personal attacks.
Key Lessons:
- Supervisors should not engage in bullying. They should focus feedback on the work, not personal attacks.
- Although “coming down hard” on subordinates or colleagues might seem to be a way to get things done, such behavior can be detrimental to the team and erode short-term gains in productivity.
(Julianna, Meg & Barb)
Meg, a summer associate, informs Barb, a Senior Associate, that she feels harassed by the unwanted romantic interest and repeated requests for dates from Julianna, another summer associate. Barb and another Senior Associate decide to swap team members in order to separate Meg and Julianna.
Key Lessons:
- If you are a supervisor who hears a report of harassment, you should not act on this information without first consulting the appropriate authority.
- Any actions must be carefully vetted and discussed through the lens of protecting the individual involved and preventing any retaliation or appearance of retaliation.
- Contractors and temporary employees, including interns and summer associates, are protected under the firm’s anti-harassment policies.
(Joy & Elon)
One night while socializing with their spouses outside of the office, Joy, a Senior Associate, told Elon that one of the Partners recently propositioned her. Elon, a department head in another area of the firm, was supportive and told Joy he would keep her confidence if she chose not to report the incident.
Key Lessons:
- Supervisors are required to report all alleged harassment to the firm’s designated authority.
- The firm has a duty to take corrective action once it has received notice of potential harassment.
- Supervisors are prohibited from keeping this type of information to themselves.
(Lucas & Ash)
While traveling on firm business, Lucas mentions that he could bring Ash in on some of his accounts – but first he needs to know if Ash is “worth the trouble.”
Key Lessons:
- No one is above the law; even the most powerful members of the firm can be held liable if it is found that they harassed others. The firm itself can be held liable if firm leadership was aware of harassing behavior and did not take action to prevent and stop it.
- Sexual harassment can occur between people of any gender.
(Sal & Akshita)
Sal, who had been welcoming and supportive of Akshita, recently starting asking her to work late and join him for dinner. When he kissed her, Akshita went along because she was worried Sal would be angry if she didn’t reciprocate his advances.
Key Lessons:
- “Unwelcome” behavior is unwelcome behavior. Even if the target appears to be “going along with it,” it doesn’t mean they “welcome” it, and it doesn’t make the behavior okay.
- It’s important to be aware of the characteristics that make others vulnerable and to be prepared to speak out against harassing behavior.
- If you are a member of a protected group, remember that you are not alone; the firm is committed to preventing and stopping harassment should it occur.
(Cody & Jane)
Jane recently opened up about their gender identity and shared their gender-neutral pronouns with colleagues. One of their colleagues, Cody, is struggling with the use of “they” and “them” to refer to one person and said he’ll always think of Jane as “she.”
Key Lessons:
- Failing to call someone by the name or pronouns they use can be considered a form of gender harassment.
- Societal norms – and laws – around the use of pronouns have evolved in recent years.
- Using "they" as a singular pronoun has become widely accepted.
- Understanding and using someone’s pronouns is a way to show respect and create an inclusive environment.
(Grace, Drew & Ajay)
Grace is looking for a new junior associate to join her team. Drew is the most qualified but Grace doesn’t think the client would respond well to Drew’s “lifestyle.”
Key Lessons:
- The law prohibits the use of sex, gender, gender identity, gender expression, or sexual orientation as criteria for making work assignments.
- Be aware of your own biases that can lead to sex stereotyping and discrimination.
- Be vigilant and speak up when you see or hear comments or behaviors that fall into the category of sex stereotyping.
(Al & Jason)
While celebrating a big win at a local pub, Al jokingly tells Jason he’s “not interested in what he’s selling.” Jason laughed along with the rest of the team and then excused himself and went home earlier than everyone else.
Key Lessons:
- “Unwelcome” behavior is unwelcome behavior. Even if the target appears to be “going along with it,” it doesn’t mean they welcome it.
- We should all be mindful of the impact that our actions and words might have on others, regardless of our intent.
- Be vigilant in situations where drinking is involved. Drinking is never an excuse for harassing behavior.
- Harassment can happen anywhere that members and affiliates of the firm interact.
(Mike, Wanda & Lisa)
While preparing for a client pitch, Mike suggests to Wanda that she should straighten her hair and “tone down” her clothes for the pitch because the client is “old school.”
Key Lessons:
- It is inappropriate and discriminatory to ask someone to change their natural hair to align with the expectations of what others deem “professional” in the work environment.
- Treating someone differently because of their natural hair violates the CROWN Act.
(Fleur & Arnie)
While planning a quarterly off-site event for her team, Fleur suggests a physical activity that excludes a team who has a physical impairment.
Key Lessons:
- Intent doesn’t always equal impact. Recognize that your behavior and comments can send messages that you may not intend.
- Supervisors have a responsibility to set a tone that is inclusive and respectful.
- Small slights or microaggressions can grow to become illegal harassment.
- Avoid comments that could make people feel like they’re outsiders or not part of the group.
(Meredith & Cedric)
Meredith, a senior associate, offers Cedric, an associate, some “fashion advice” and brushes hair off his forehead. Cedric is uncomfortable with the unsolicited advice and the invasion of his personal space.
Key Lessons:
- Intent doesn’t always equal impact.
- Consent is crucial in every interaction.
- The power dynamic between a senior associate and a new associate amplifies the impact of the actions.
- One instance can be enough to create a hostile work environment, which is considered harassment.
(Marcus & Gina)
In original course
Marcus is a rainmaking partner and Gina is his new secretary. He says some things to Gina that are brazen but he’s gotten away with this behavior previously.
Key Lessons:
- No one is above the law; the firm policy applies to everyone.
- Employers are responsible for taking action to prevent harassment and for taking action to stop it when it does occur. If they don’t, the firm may be liable.
- The harasser can be held personally liable in some states.
(Antonio & Lauren)
Lauren asks Antonio to consider her for a key role. Antonio suggests that they go to his hotel room to continue the conversation.
Key Lessons:
- Sexual coercion = Quid Pro Quo harassment.
- Intent can be hard to read but some behaviors are simply unprofessional, regardless of the intent.
- Inappropriate behaviors should be addressed swiftly, otherwise they may escalate.
- Employers have a responsibility to put a stop to harassment when they become aware of it.
- No one is above the law or above the firm’s policy.
(John & Claire)
John is a senior lawyer and generates a lot of business for the firm. Every year, he shows interest in the "young ladies" in the incoming class. This year, he seems to have his eye on Claire and people have started to notice.
Key Lessons:
- No one is above the law; the firm policy applies to everyone.
- Employers are responsible for taking action to prevent harassment and for taking action to stop it when it does occur. If they don’t, the firm may be liable.
- The harasser can be held personally liable in some states.
(Vlad & Sheryl)
Vlad’s suggestive comment and wink made Sheryl uncomfortable. He says his intentions were good, but the impact on Sheryl was otherwise.
Key Lessons:
- Intent doesn’t always equal impact.
- Before you speak or act, consider your intentions and how your behavior might be received.
- Harassment is defined, in part, by the perceptions of the recipient.
- The firm’s culture can influence perceptions.
- Harassment can start small and escalate over time.
(Evan & Annie)
When Annie joined the firm, she met with Evan to get oriented. At the end of their meeting, he gave her a tight hug and squeezed her shoulders and said with a smile and a quick wink, "We're going to be great friends."
Key Lessons:
- Intent doesn’t always equal impact.
- No one has a right to touch someone else.
- Harassment is defined, in part, by the perception of the recipient.
- Harassment can start small and escalate over time.
(Sid & Michelle)
Sid propositioned his employee, Michelle, several times. She reluctantly gave into his advances because she couldn’t afford to lose her job.
Key Lessons:
- Unwelcome behavior is unwelcome behavior. Even if the victim appears to be going along with it, it doesn’t mean they welcome it, and it doesn’t make the behavior okay.
(Serena & Chuck)
Serena propositions Chuck, her legal assistant. While he resists for a while, he finally submits out of fear that he’ll lose his job.
Key Lessons:
- Unwelcome behavior is unwelcome, even if the victim goes along with it.
- Harassment often occurs when there is overlap of multiple social identities, so that could be a factor as well.
- The firm won’t be in a position to address the behavior if it isn’t aware of it.
(Malcolm & Justine)
Malcolm and Justine went on several dates before Malcolm told her he was no longer interested. She continues to aggressively pursue him.
Key Lessons:
- Conduct that was once welcome can become unwelcome over time.
(Shawn & Piper)
Shawn and Piper went out a few times, but then Piper said she was no longer interested. Shawn has continued to pursue her aggressively.
Key Lessons:
- Conduct that was once welcome can become unwelcome over time.
(Pete & Richard)
Pete went on several dates with Richard, a contractor, but then broke off the relationship. Richard has made repeated attempts to get back together and is becoming vocal about it in the office.
Key Lessons:
- Harassment can occur between employees and non-employees.
- Harassment can take place between people of any gender.
- Conduct that is initially welcomed can become unwelcome over time.
(Michael & Marissa)
During the pandemic, the normal happy hour group moved their happy hours to Zoom. Michael made a few suggestive comments about Marissa’s new work environment.
Key Lessons:
- With so many people working remotely, lines can easily get blurred between work and home.
- Work environment doesn’t just mean in the office; it means anywhere we interact with our colleagues and clients – including online.
- Harassment can happen between peers; not just between supervisors and their direct reports.
- Even if the target of the commentary isn’t uncomfortable with it, others might be.
(Art & Montel)
Art is "old school" and has become increasingly antagonistic and sexist as more women have risen into senior ranks. Montel’s belief system is different.
Key Lessons:
- Sexist behavior could be harassment, even if no sexual advances or innuendo are involved.
- Harassment often occurs in plain sight and in group settings. The bystander effect is real.
- One individual can create a hostile environment; one person with the courage to speak up can make a difference.
(Brian & Cassie)
The MeToo movement really shook Brian and he is now hesitant to close the door when working with a woman. He also declined to mentor Cassie but agreed to mentor her male colleague.
Key Lessons:
- Brian is sending a message to the women of the firm that there are fewer opportunities available to them – simply because they are women. He is ultimately providing females with inferior terms and privileges of employment, which is not only wrong, it is illegal.
- Intent doesn’t always equal impact. Even if your intentions are good, good intentions do not excuse discriminatory behavior.
- Be careful not to go to extremes.
(Sam & Stacy)
Sam is aware of increasing sensitivities in the workplace and is careful not to say or do anything that could be perceived as harassment. He’s setting boundaries around working with women, however, that could be considered discriminatory.
Key Lessons:
- While his intent is to steer clear of harassment, such behavior can be discriminatory in other ways. Intent doesn’t equal impact.
- Don’t place blame on the victim.
- Don’t go to extremes or you may inadvertently discriminate in other ways.
(Jackson & Hank)
Hank has been treating Jackson differently ever since Jackson came out at work. And now he’s excluded him from the flag football game.
Key Lessons:
- Harassment can start small and escalate over time.
- It's never too late to speak up.
(Brett & Matt)
Brett is looking to build a solid team for a new engagement. Matt is the most qualified on paper but Brett says the client would be more comfortable with someone more "conventional."
Key Lessons:
- Harassment often presents itself as sex stereotyping; an individual becomes a target because they don’t conform to a preconceived notion or stereotype.
- It is not appropriate to use sex, gender, gender identity, or sexual orientation as a criterion for making assignments.
(Bea & Diane)
While working together, an associate informs a senior partner that they use they/them/their pronouns. The senior partner suggests that the associate use a different pronoun in formal communications and when interacting with clients.
Key Lessons:
- The pronouns our colleagues use are not up for debate.
- Respecting someone’s pronouns should not be treated as an inconvenience.
- Those in positions of authority do not necessarily have all the answers.
(Jenn & Jared)
Jared informs the engagement partner that Jenn has been making unwanted advances and refuses to stop. The engagement partner reassigns Jared.
Key Lessons:
- It appears that Jared was reassigned because he complained about harassment. This could potentially be considered retaliation.
- The engagement partner should not have taken action without coordinating with HR or the firm’s designated representative.
(Tyson & the Guys)
Every year when the new class of associates starts, Tyson and several of his male colleagues play a game in which they rate the attractiveness of each of the women.
Key Lessons:
- A recent study of harassment in the legal industry pointed to attractiveness ratings as one of the many types of disrespectful conduct that is occurring.
- As lawyers, Tyson and his colleagues are supervisors. They have a responsibility to model respectful behavior.
- If a supervisor engages in unlawful harassment, the firm can be liable.
- In some states, you may also be personally liable.
(Mandy & Olivia)
Mandy approached Olivia, a supervisor, and asked to share something in confidence. She had just been cornered in the elevator by a member of firm leadership.
Key Lessons:
- Supervisors are required to report all alleged harassment to the firm’s designated authority.
- The firm has a duty to take corrective action once it has received notice of potential harassment.
- Supervisors are prohibited from keeping this type of information to themselves.
(Dev & Suzette)
During a group dinner, one team member comments that her colleague will enjoy spicy food because of his background. Her colleague laughs it off but is hurt by the remark.
Key Lessons:
- Even "jokes" and "light-hearted comments" can be considered harassment.
- Avoid comments that could make people feel like outsiders.
- Don’t make assumptions about where someone is from based solely on their appearance.
(Georgia & Elena)
Georgia, a client, is getting a little too friendly with Elena. What starts out as friendly banter evolves into behavior that makes Elena uncomfortable.
Key Lessons:
- Harassment can occur between employees and non-employees, including clients.
- Harassment can occur outside the workplace and outside of work hours.
- Harassment can take place between people of any gender.
(Bree & Nathan)
Bree and Nathan are co-workers and are connected on social media. Nathan makes some comments on Bree’s Instagram that she doesn’t welcome; he later expresses regret.
Key Lessons:
- There is nothing inherently wrong with being connected to co-workers on social media.
- However, making sexually-charged comments to co-workers – in any setting – is not appropriate.
- It is your responsibility to ensure that all interactions are professional and respectful.
(Karen, Bonnie & Ron)
A group of associates engage in a regular group chat. One member often posts memes or jokes that others find offensive and unwelcome.
Key Lessons:
- Voluntary participation does not mean the behavior was welcome.
- Even if conduct is welcomed by some, it may not be welcomed by others.
- Posting or sharing materials that some might consider suggestive or sexist can be considered harassment.
- Silence can convey that you condone the behavior.
(Ayana & Cherise)
A group of associates chat about their lives before a meeting starts. Ayana mentions that she and her wife plan to become parents, and her supervisor chimes in with an insensitive question.
Key Lessons:
- Our perspective about what is "normal" or "acceptable" is often shaped by heteronormativity.
- Certain topics, like parenthood, can be highly personal.
- It is best to avoid personal questions about someone’s body, especially as they relate to fertility, gender, sexual orientation, etc.
(Jackson & Hank)
Hank has been treating Jackson differently ever since Jackson came out at work. And now he’s excluded him from the flag football game.
Key Lessons:
- Harassment can start small and escalate over time.
- It's never too late to speak up.
(Henry & Katja)
Henry and Katja work on the same team. After a difficult call with a client, he said they both needed to calm down and he rubbed her shoulders. Key Lessons:
- Intent doesn’t always equal impact.
- No one has a right to touch someone else.
- Harassment is defined, in part, by the perception of the recipient.
- Harassment can start small and escalate over time.
(David & Jasmine)
David propositions Jasmine, a member of his team. Although she initially resists his advances, she finally lets it happen because she's afraid she’ll lose his support - or her job. Key Lessons:
- Unwelcome behavior is unwelcome, even if the target goes along with it.
- Harassment often occurs when there is overlap of multiple social identities.
- The firm won’t be in a position to address the behavior if it isn’t aware of it.
(Shane & Maya)
Shane and Maya work in the same practice area. They went on a few dates before Shane decided he was no longer interested in a romantic relationship with Maya. She continues to aggressively pursue him. Key Lessons:
- Conduct that was once welcome can become unwelcome over time.
- Supervisors need to be particularly careful.
(Doug & Alison)
Doug’s comments and invitation to join him for a drink made Alison uncomfortable. He says his intentions were good, but the impact on Alison was otherwise. Key Lessons:
- Intent doesn’t always equal impact.
- Harassment is defined, in part, by the perceptions of the recipient.
- Harassment can start small and escalate over time.
- Before you speak or act, consider your intentions and how your behavior might be received.
(Antonio & Lauren)
Lauren asks Antonio to consider her for a key role. Antonio suggests that they go to his hotel room to continue the conversation.
Key Lessons:
- Sexual coercion = Quid Pro Quo harassment.
- Intent can be hard to read but some behaviors are simply unprofessional, regardless of the intent.
- Inappropriate behaviors should be addressed swiftly, otherwise they may escalate.
- Employers have a responsibility to put a stop to harassment when they become aware of it.
- No one is above the law or above the firm’s policy.
(John & Claire)
John is a senior executive and generates a lot of business for the organization. Every year, he shows interest in the "young ladies" in the incoming summer intern program. This year, he seems to have his eye on Claire and people have started to notice.
Key Lessons:
- No one is above the law; the organization policy applies to everyone.
- Employers are responsible for taking action to prevent harassment and for taking action to stop it when it does occur. If they don’t, the organization may be liable.
- The harasser can be held personally liable in some states.
(Meredith & Cedric)
Meredith, a senior manager, offers Cedric, a new employee, some “fashion advice” and brushes hair off his forehead. Cedric is uncomfortable with the unsolicited advice and the invasion of his personal space.
Key Lessons:
- Intent doesn’t always equal impact.
- Consent is crucial in every interaction.
- The power dynamic between a senior manager and a new employee amplifies the impact of the actions.
- One instance can be enough to create a hostile work environment, which is considered harassment.
(Fleur & Arnie)
While planning a quarterly off-site event for her team, Fleur suggests a physical activity that excludes a team who has a physical impairment.
Key Lessons:
- Intent doesn’t always equal impact. Recognize that your behavior and comments can send messages that you may not intend.
- Supervisors have a responsibility to set a tone that is inclusive and respectful.
- Small slights or microaggressions can grow to become illegal harassment.
- Avoid comments that could make people feel like they’re outsiders or not part of the group.
(Vlad & Sheryl)
Vlad’s suggestive comment and wink made Sheryl uncomfortable. He says his intentions were good, but the impact on Sheryl was otherwise.
Key Lessons:
- Intent doesn’t always equal impact.
- Before you speak or act, consider your intentions and how your behavior might be received.
- Harassment is defined, in part, by the perceptions of the recipient.
- The organization’s culture can influence perceptions.
- Harassment can start small and escalate over time.
(Evan & Annie)
When Annie joined the organization, she met with Evan to get oriented. At the end of their meeting, he gave her a tight hug and squeezed her shoulders and said with a smile and a quick wink, "We're going to be great friends."
Key Lessons:
- Intent doesn’t always equal impact.
- No one has a right to touch someone else.
- Harassment is defined, in part, by the perception of the recipient.
- Harassment can start small and escalate over time.
(Antonio & Lauren)
Lauren asks Antonio to consider her for a key role. Antonio suggests that they go to his hotel room to continue the conversation.
Key Lessons:
- Sexual coercion = Quid Pro Quo harassment.
- Intent can be hard to read but some behaviors are simply unprofessional, regardless of the intent.
- Inappropriate behaviors should be addressed swiftly, otherwise they may escalate.
- Employers have a responsibility to put a stop to harassment when they become aware of it.
- No one is above the law or above the firm’s policy.
(Serena & Chuck)
Serena propositions Chuck, her legal assistant. While he resists for a while, he finally submits out of fear that he’ll lose his job.
Key Lessons:
- Unwelcome behavior is unwelcome, even if the victim goes along with it.
- Harassment often occurs when there is overlap of multiple social identities, so that could be a factor as well.
- The employer won’t be in a position to address the behavior if it isn’t aware of it.
(Malcolm & Justine)
Malcolm and Justine went on several dates before Malcolm told her he was no longer interested. She continues to aggressively pursue him.
Key Lessons:
- Conduct that was once welcome can become unwelcome over time.
(Shawn & Piper)
Shawn and Piper went out a few times, but then Piper said she was no longer interested. Shawn has continued to pursue her aggressively.
Key Lessons:
- Conduct that was once welcome can become unwelcome over time.
(Pete & Richard)
Pete went on several dates with Richard, a contractor, but then broke off the relationship. Richard has made repeated attempts to get back together and is becoming vocal about it in the office.
Key Lessons:
- Harassment can occur between employees and non-employees.
- Harassment can take place between people of any gender.
- Conduct that is initially welcomed can become unwelcome over time.
(Michael & Marissa)
During the pandemic, the normal happy hour group moved their happy hours to Zoom. Michael made a few suggestive comments about Marissa’s new work environment.
Key Lessons:
- With so many people working remotely, lines can easily get blurred between work and home.
- Work environment doesn’t just mean in the office; it means anywhere we interact with our colleagues and clients – including online.
- Harassment can happen between peers; not just between supervisors and their direct reports.
- Even if the target of the commentary isn’t uncomfortable with it, others might be.
(Art & Montel)
Art is "old school" and has become increasingly antagonistic and sexist as more women have risen into senior ranks. Montel’s belief system is different.
Key Lessons:
- Sexist behavior could be harassment, even if no sexual advances or innuendo are involved.
- Harassment often occurs in plain sight and in group settings. The bystander effect is real.
- One individual can create a hostile environment; one person with the courage to speak up can make a difference.
(Brian & Cassie)
The MeToo movement really shook Brian and he is now hesitant to close the door when working with a woman. He also declined to mentor Cassie but agreed to mentor her male colleague.
Key Lessons:
- Brian is sending a message to the women of the organization that there are fewer opportunities available to them – simply because they are women. He is ultimately providing females with inferior terms and privileges of employment, which is not only wrong, it is illegal.
- Intent doesn’t always equal impact. Even if your intentions are good, good intentions do not excuse discriminatory behavior.
- Be careful not to go to extremes.
(Sam & Stacy)
Sam is aware of increasing sensitivities in the workplace and is careful not to say or do anything that could be perceived as harassment. He’s setting boundaries around working with women, however, that could be considered discriminatory.
Key Lessons:
- While his intent is to steer clear of harassment, such behavior can be discriminatory in other ways. Intent doesn’t equal impact.
- Don’t place blame on the victim.
- Don’t go to extremes or you may inadvertently discriminate in other ways.
(Jackson & Hank)
Hank has been treating Jackson differently ever since Jackson came out at work. And now he’s excluded him from the flag football game.
Key Lessons:
- Harassment can start small and escalate over time.
- It's never too late to speak up.
(Brett & Matt)
Brett is looking to build a solid team for a new engagement. Matt is the most qualified on paper but Brett says the client would be more comfortable with someone more "conventional."
Key Lessons:
- Harassment often presents itself as sex stereotyping; an individual becomes a target because they don’t conform to a preconceived notion or stereotype.
- It is not appropriate to use sex, gender, gender identity, or sexual orientation as a criterion for making assignments.
(Bea & Diane)
While working together, an employee informs a supervisor they use they/them/their pronouns. The supervisor suggests that the employee use a different pronoun in formal communications and when interacting with clients.
Key Lessons:
- The pronouns our colleagues use are not up for debate.
- Respecting someone’s pronouns should not be treated as an inconvenience.
- Those in positions of authority do not necessarily have all the answers.
(Jenn & Jared)
Jared informs his project manager that Jenn has been making unwanted advances and refuses to stop. The manager reassigns Jared.
Key Lessons:
- It appears that Jared was reassigned because he complained about harassment. This could potentially be considered retaliation.
- The project manager should not have taken action without coordinating with HR or the organization’s designated representative.
(Tyson & the Guys)
Every time a new female employee is hired, Tyson and several of his male colleagues play a game in which they rate the attractiveness of each of the women.
Key Lessons:
- Tyson and his colleagues are supervisors. They have a responsibility to model respectful behavior.
- If a supervisor engages in unlawful harassment, the organization can be liable.
- In some states, you may also be personally liable.
(Mandy & Olivia)
Mandy approached Olivia, a supervisor, and asked to share something in confidence. She had just been cornered in the elevator by a member of leadership.
Key Lessons:
- Supervisors are required to report all alleged harassment to the organization's designated authority.
- The organization has a duty to take corrective action once it has received notice of potential harassment.
- Supervisors are prohibited from keeping this type of information to themselves.
(Dev & Suzette)
During a group dinner, one team member comments that her colleague will enjoy spicy food because of his background. Her colleague laughs it off but is hurt by the remark.
Key Lessons:
- Even "jokes" and "light-hearted comments" can be considered harassment.
- Avoid comments that could make people feel like outsiders.
- Don’t make assumptions about where someone is from based solely on their appearance.
(Georgia & Elena)
Georgia, a client, is getting a little too friendly with Elena. What starts out as friendly banter evolves into behavior that makes Elena uncomfortable.
Key Lessons:
- Harassment can occur between employees and non-employees, including clients.
- Harassment can occur outside the workplace and outside of work hours.
- Harassment can take place between people of any gender.
(Karen, Bonnie & Ron)
A group of colleagues engage in a regular group chat. One member often posts memes or jokes that others find offensive and unwelcome.
Key Lessons:
- Voluntary participation does not mean the behavior was welcome.
- Even if conduct is welcomed by some, it may not be welcomed by others.
- Posting or sharing materials that some might consider suggestive or sexist can be considered harassment.
- Silence can convey that you condone the behavior.
(Ayana & Cherise)
A group of colleagues chat about their lives before a meeting starts. Ayana mentions that she and her wife plan to become parents, and her supervisor chimes in with an insensitive question.
Key Lessons:
- Our perspective about what is "normal" or "acceptable" is often shaped by heteronormativity.
- Certain topics, like parenthood, can be highly personal.
- It is best to avoid personal questions about someone’s body, especially as they relate to fertility, gender, sexual orientation, etc.
(Jackson & Hank)
Hank has been treating Jackson differently ever since Jackson came out at work. And now he’s excluded him from the flag football game.
Key Lessons:
- Harassment can start small and escalate over time.
- It's never too late to speak up.
(Sid & Michelle)
Sid propositioned his employee, Michelle, several times. She reluctantly gave into his advances because she couldn’t afford to lose her job.
Key Lessons:
- Unwelcome behavior is unwelcome behavior. Even if the victim appears to be going along with it, it doesn’t mean they welcome it, and it doesn’t make the behavior okay.
(Bree & Nathan)
Bree and Nathan are co-workers and are connected on social media. Nathan makes some comments on Bree’s Instagram that she doesn’t welcome; he later expresses regret.
Key Lessons:
- There is nothing inherently wrong with being connected to co-workers on social media.
- However, making sexually-charged comments to co-workers – in any setting – is not appropriate.
- It is your responsibility to ensure that all interactions are professional and respectful.
(Henry & Katja)
Henry and Katja work on the same team. After a difficult call with a client, he said they both needed to calm down and he rubbed her shoulders. Key Lessons:
- Intent doesn’t always equal impact.
- No one has a right to touch someone else.
- Harassment is defined, in part, by the perception of the recipient.
- Harassment can start small and escalate over time.
(David & Jasmine)
David propositions Jasmine, a member of his team. Although she initially resists his advances, she finally lets it happen because she's afraid she’ll lose his support - or her job. Key Lessons:
- Unwelcome behavior is unwelcome, even if the target goes along with it.
- Harassment often occurs when there is overlap of multiple social identities.
- The firm won’t be in a position to address the behavior if it isn’t aware of it.
(Shane & Maya)
Shane and Maya work in the same department. They went on a few dates before Shane decided he was no longer interested in a romantic relationship with Maya. She continues to aggressively pursue him. Key Lessons:
- Conduct that was once welcome can become unwelcome over time.
- Supervisors need to be particularly careful.
(Doug & Alison)
Doug’s comments and invitation to join him for a drink made Alison uncomfortable. He says his intentions were good, but the impact on Alison was otherwise. Key Lessons:
- Intent doesn’t always equal impact.
- Harassment is defined, in part, by the perceptions of the recipient.
- Harassment can start small and escalate over time.
- Before you speak or act, consider your intentions and how your behavior might be received.
(Mike, Wanda & Lisa)
While preparing for a client pitch, Mike suggests to Wanda that she should straighten her hair and “tone down” her clothes for the pitch because the client is “old school.”
Key Lessons:
- It is inappropriate and discriminatory to ask someone to change their natural hair to align with the expectations of what others deem “professional” in the work environment.
- Treating someone differently because of their natural hair violates the CROWN Act.
(Al & Jason)
While celebrating a big win at a local pub, Al jokingly tells Jason he’s “not interested in what he’s selling.” Jason laughed along with the rest of the team and then excused himself and went home earlier than everyone else.
Key Lessons:
- “Unwelcome” behavior is unwelcome behavior. Even if the target appears to be “going along with it,” it doesn’t mean they welcome it.
- We should all be mindful of the impact that our actions and words might have on others, regardless of our intent.
- Be vigilant in situations where drinking is involved. Drinking is never an excuse for harassing behavior.
- Harassment can happen anywhere that members and affiliates of the firm interact.
(Grace, Drew & Ajay)
Grace is looking for a customer relationship manager to join her team. Drew is the most qualified but Grace doesn’t think the customer would respond well to Drew’s “lifestyle.”
Key Lessons:
- The law prohibits the use of sex, gender, gender identity, gender expression, or sexual orientation as criteria for making work assignments.
- Be aware of your own biases that can lead to sex stereotyping and discrimination.
- Be vigilant and speak up when you see or hear comments or behaviors that fall into the category of sex stereotyping.
(Cody & Jane)
Jane recently opened up about their gender identity and shared their gender-neutral pronouns with colleagues. One of their colleagues, Cody, is struggling with the use of “they” and “them” to refer to one person and said he’ll always think of Jane as “she.”
Key Lessons:
- Failing to call someone by the name or pronouns they use can be considered a form of gender harassment.
- Societal norms – and laws – around the use of pronouns have evolved in recent years.
- Using "they" as a singular pronoun has become widely accepted.
- Understanding and using someone’s pronouns is a way to show respect and create an inclusive environment.
(Sal & Akshita)
Sal, who had been welcoming and supportive of Akshita, recently starting asking her to work late and join him for dinner. When he kissed her, Akshita went along because she was worried Sal would be angry if she didn’t reciprocate his advances.
Key Lessons:
- “Unwelcome” behavior is unwelcome behavior. Even if the target appears to be “going along with it,” it doesn’t mean they “welcome” it, and it doesn’t make the behavior okay.
- It’s important to be aware of the characteristics that make others vulnerable and to be prepared to speak out against harassing behavior.
- If you are a member of a protected group, remember that you are not alone; the firm is committed to preventing and stopping harassment should it occur.
(Lucas & Ash)
While traveling on business, Lucas mentions that he could bring Ash in on some of his accounts – but first he needs to know if Ash is “worth the trouble.”
Key Lessons:
- No one is above the law; even the most powerful members of the firm can be held liable if it is found that they harassed others. The firm itself can be held liable if firm leadership was aware of harassing behavior and did not take action to prevent and stop it.
- Sexual harassment can occur between people of any gender.
(Joy & Elon)
One night while socializing with their spouses outside of the office, Joy, a Senior Manager, told Elon that one of the Senior VPs recently propositioned her. Elon, a department head in another area of the organization, was supportive and told Joy he would keep her confidence if she chose not to report the incident.
Key Lessons:
- Supervisors are required to report all alleged harassment to the organization’s designated authority.
- The organization has a duty to take corrective action once it has received notice of potential harassment.
- Supervisors are prohibited from keeping this type of information to themselves.
(Julianna, Meg & Barb)
Meg, a summer intern, informs Barb, a Manager, that she feels harassed by the unwanted romantic interest and repeated requests for dates from Julianna, another intern. Barb and another Manager decide to swap interns in order to separate Meg and Julianna.
Key Lessons:
- If you are a supervisor who hears a report of harassment, you should not act on this information without first consulting the appropriate authority.
- Any actions must be carefully vetted and discussed through the lens of protecting the individual involved and preventing any retaliation or appearance of retaliation.
- • Contractors and temporary employees, including interns, are protected under the organization’s anti-harassment policies.
(Zara, Kimberly & Jake)
Zara has a reputation for being a tough boss but during a conference call with Jake and Kimberly, her demands crossed the line into personal attacks.
Key Lessons:
- Supervisors should not engage in bullying. They should focus feedback on the work, not personal attacks.
- Although “coming down hard” on subordinates or colleagues might seem to be a way to get things done, such behavior can be detrimental to the team and erode short-term gains in productivity.
(Bruce & Neal)
Bruce has disliked Neal since they joined the organization at the same time. When Neal beat Bruce out for a new assignment, Bruce took his insults to a new level.
Key Lessons:
- Bullying can happen between colleagues at all levels, including peers.
- Over time, bullying cand have a profound negative impact, including interfering with work performance, negatively affecting morale and self-esteem, and chipping away at mental and physical health.
- Bullying behaviors should be reported to a supervisor or HR.
(Liam & Jeannette)
Jeannette just joined the marketing team and is working hard to make an impact in her new job. One of her new co-workers recently suggested that she got this job because she’s pretty and shortly after that, the senior director asked her to present at an upcoming meeting because the client likes to work with attractive women. Using the BUS approach, what could Jeannette say to advocate for herself?