Maryland Department of Transportation Office of Fair Practices

IDENTIFYING
AND PREVENTING
HARASSMENT
IN THE
WORKPLACE
Maryland Department of
Transportation
Office of Fair Practices
Identifying and Preventing

Harassment in the Workplace 1
 Introduction and
Agenda 
Objectives
Survey
 Definition of
Harassment
 Video Vignettes
 State and Federal
Law
 Reporting Procedure
 Investigation
Procedure
 Summary
After completing this session,
you will be able to:
 Define harassment.
 Identify the types of harassment.
 Identify behaviors that may be interpreted
as harassment in the workplace.
 Cite State and Federal laws that prohibit
harassment and retaliation.

After completing this session,
you will be able to:
 Report harassment pursuant to State and

MDOT policy.
 Respond appropriately to complaints of
harassment.
 Identify strategies to prevent harassment.

Pre-Training Survey
Please take a few minutes and

complete the pre-training survey
“What Do You Know About
Harassment in the workplace”
found in your handouts.

What Do You Know
About Harassment?
True or False?
1. Harassment is a form of workplace

discrimination.
TRUE.

What Do You Know
About Harassment?
True or False?
2. Harassment is a violation of State

and Federal laws.
TRUE. Harassment is a violation of
The Governor’s Code of Fair
Practices and Title VII of the Civil
Rights Act of 1964, as amended.
What Do You Know About
Harassment?
True or False?
3. The State of Maryland has a policy

prohibiting harassment that includes
procedures on how to report
harassment.
TRUE.

Harassment?
Executive Order 01.01.1995.19, Code of
Fair Employment Practices, states:
“C. The harassment of employees on the

basis of any reason prohibited by law is
not permitted.”

Harassment?
Executive Order 01.01.1995.19 lists the following as bases for
discrimination:
(1) Age
(2) Ancestry
(3) Color
(4) Creed
(5) Marital status
(6) Mental or physical disability
(7) National origin
(8) Race
(9) Religious affiliation, belief or opinion
(10) Sex
(11) Sexual orientation

Harassment?
True or False?
4. Any State employee who engages
in or knowingly condones
harassment related to
employment is subject to
disciplinary action up to and
including dismissal.
TRUE.
Harassment?
True or False?
5. If your intentions are good, your
behavior cannot be considered
harassment.
FALSE. A harasser’s intent is

irrelevant.

Harassment?
True or False?
6. If everyone else is okay with a

co-worker’s behavior, you should
just accept it, even if it offends you.
FALSE.
Harassment?
You have a right to object to offensive

behavior no matter how many other
co-workers find the behavior
acceptable.

Harassment?
True or False?
7. Asking a co-worker for a date is

not harassment.
TRUE.

Harassment?
Asking a co-worker for a date is not

harassment. However, if you repeat
the behavior after being told that
your attention is unwanted, it could
be considered or become
harassment.

Harassment?
True or False?
8. If you ignore harassing behavior, it

will ultimately stop or go away.
FALSE. Harassment must be dealt

with immediately.

Harassment?
True or False?
9. It is not important to tell someone to

stop unwanted behavior because it
usually doesn’t do any good.
FALSE.

Harassment?
Telling someone that his or her behavior
is unwanted or offensive is an important
first step in stopping harassment.
1. It puts the person on notice.

2. It gives them the opportunity to
change.

Harassment?
True or False?
10. All employees share responsibility

for ensuring that the workplace is
free from all forms of harassment.
TRUE.

Harassment?
True or False?
11. Men as well as women may be

either the perpetrators or victims of
sexual harassment.
TRUE.
Harassment?
True or False?
12. Sexual harassment may include

actions by members of the opposite
sex as well as members of the
employee’s own sex.
TRUE.
Harassment?
True or False?
13. Harassment is only prohibited if it

occurs in the workplace during
working hours.
FALSE.

Harassment?
Harassment will not be tolerated in

the workplace or in work-related
settings no matter the time or place it
occurs.

Harassment?
True or False?
14. Harassment complaints must be in

writing before an investigation will
be initiated.
FALSE.
Harassment?
Harassment complaints
do not have to be in writing before an
investigation is initiated. All allegations
of harassment will be investigated in a
prompt and as confidential a manner as
possible.

Harassment?
True or False?
15. State and Federal law prohibit any form
of retaliation against an employee who
complains of harassment or who
cooperates in the investigation of a
harassment complaint.
TRUE.

Harassment is
Discrimination
Harassment is one form of discrimination
and is prohibited by:
 Title VII of the Civil Rights Act
 Article 49B, Annotated Code of Maryland,

State Personnel and Pensions Article
 Executive Order 01.01.1995.19, Code of Fair
Employment Practices
What is Harassment?
It is illegal to harass anyone in the workplace based on race,

color, sex (with or without sexual conduct), religion,
national origin, age, disability, and protected activity.
Unlawful harassment is:

1. Conduct that is unwelcome; and
2. Conduct that is sufficiently severe or pervasive to alter the
terms and conditions of employment in the mind of the
victim and from the perspective of a reasonable person in
the victim’s position.

What is Harassment?
Sexual harassment is unwelcome

advances, requests for
favors, and/or other verbal,
visual or physical conduct of a
sexual nature where submission to
or rejection of such conduct is made
either explicitly or implicitly a term
or condition of an individual’s
employment.
What is Harassment?
Submission to or rejection of such

conduct by an individual is used as
a basis for employment decisions
affecting that individual; or

What is Harassment?
Such conduct has the purpose of or

effect of unreasonably interfering
with an individual’s work
performance or creating an
intimidating, hostile, or offensive
working environment.

Traditional Examples of
Harassment
 Sexual harassment by a male

supervisor of a female subordinate.
 Harassment by co-workers based on

a “hostile work environment.”

The Definition of Harassment
Has Evolved Over the Years
Now it Includes . . .
 Harassment by a female supervisor

of a male subordinate;
 Harassment by a supervisor of the
same sex as the subordinate;
The Definition of Harassment Has Evolved
Over the Years
Now it Includes . . .
 Harassment of employees by non-
employees, such as clients,
contractors, vendors, etc.
 Harassment based on a supervisor’s

consensual relationship with another
employee.
What Behavior May Be
Harassing?
 Written
 Unwelcome offensive,
suggestive,explicit or obscene letters,

notes, posters, flyers, e-mails or
invitations.

Harassing?
• Verbal
– Derogatory, explicit or offensive comments,
epithets, slurs or jokes;
– Inappropriate comments about an
individual’s body, appearance, or culture;
– Repeated unwelcome propositions or
flirtations; veiled threats;
– Direct or subtle pressure or repeated
unwelcome requests for dates or activities.
Harassing?
• Visual
 Offensive gestures or the display of suggestive,
obscene, or derogatory objects, pictures, cartoons,
posters or drawings.
 Pictures, cartoons, posters, or drawings depicting a
protected class in an unflattering, derogatory, or
humiliating manner.
 Caricatures or stereotypical representations

Harassing?
• Physical
 Impeding or blocking movements,
touching, patting, pinching, or any
other unnecessary or unwanted
physical contact.
 Touching an employee’s hair,
clothing or body.
 Brushing up against a person.

Two Types of
Harassment
1. Quid Pro Quo or Tangible

Employment Action
2. Hostile Environment

Quid Pro Quo or Tangible
Employment Action Harassment
Classic Examples:
 Occurs when an employee’s
submission to or rejection of
unwelcome advances or conduct
is used as the basis for an
employment decision affecting that
employee.
Quid Pro Quo or Tangible
Employment Action Harassment
Classic Examples:
 “If you want a promotion, you must
sleep with me.”
 “If you do not want to be disciplined

for being late and missing work, you
must go out on a date with me.”
Let’s Talk About It
 Time for a video . . .

Discussion Questions
for Video Vignettes
 What parts of this situation might be
harassment?
 If it is not harassment, what would

have to happen to make it
harassment?

for Video Vignettes
 If you were faced with this situation,
what would you do?
 What do you think State and Federal

policy requires?

Hostile Work Environment
 Hostile work environment harassment is

created when unwelcome harassment is
severe or pervasive enough to alter the
conditions of an individual’s employment
or creates an abusive, intimidating,
hostile or offensive working environment.

Hostile Work Environment
unwelcome
severe or pervasive
creates an
abusive, intimidating, hostile or offensive
working environment.

Hostile Environment
“Severe or Pervasive”
 Generally, a single or isolated incident is
not enough to create a hostile
environment.
 However, a single or unusually severe

incident of harassment may be sufficient
to create a hostile work environment,
particularly when the harassment is
physical.
Hostile Environment
• The United States Supreme Court
stated in its recent decisions that
Title VII does not prohibit all verbal
or physical harassment in the
workplace.

Hostile Environment
• Rather, the Civil Rights Act

only forbids “behavior so
objectively offensive as to
alter the conditions of the
victim’s employment.”

Hostile Environment
 Simple teasing, off-hand

comment and isolated incidents
(unless extremely serious) will
not amount to discriminatory
changes in the terms and
conditions of employment.

Let’s Talk About It
 Time for a video . . .


Discussion Questions for
Video Vignettes
 At what points did you see
harassment in the video?
 If it is not harassment what would

have to happen to make it
harassment?

for Video Vignettes
 If you were faced with this
situation, what would you do?
 How do you think the State and

Federal’s policy applies to these
types of situations in the
workplace?

Liability Issues
Harassment by Supervisors
 In 1998, the United States

Supreme Court issued two
decisions that clarified and
expanded the risk of liability for
supervisory harassment.

Liability Issues
 An employer is automatically liable

for harassment by a supervisor
 When the supervisor’s harassment

results in a tangible adverse
employment action.

Liability Issues
 Tangible Adverse
Employment Action

Liability Issues
 Any significant change in

employment status, such
as:
 firing

Liability Issues
 failing to promote
 reassignment with significantly
different responsibilities
 a decision causing a
significant change in benefits

Liability Issues
Examples of Tangible Adverse
Employment Action:
 denial of promotion
 decrease in pay
 denial of participation in
training programs
Liability Issues
 reprimands, transfers, loss of job
title
 rigid enforcement of leave policy
 significant change in job
responsibilities
 loss of resources necessary for
employee to do his/her job

Liability Issues
 If there is no tangible adverse

employment action, the employer
has available a two prong
defense.

Liability Issues
 Affirmative Defense
The employer must show that it:
(1) exercised reasonable care to prevent
and correct behavior promptly and

(2) that the employee unreasonably failed
to utilize preventive or corrective

opportunities provided by the
employer or to otherwise avoid harm.

Liability Issues
Harassment by Non-Supervisors
An employer is only liable for

actionable harassment by a
non-supervisor, if it knew or
should have known of the
harassment and failed to take
prompt remedial measures to
bring it to an end.
MDOT Policy
 Harassment will not be tolerated

in MDOT work settings under any
circumstances.

MDOT Policy
 Any MDOT employee who

engages in or knowingly
condones harassment in MDOT
work settings shall be subject to
disciplinary action, up to and

MDOT Policy
 Under this policy all employees

share responsibility for ensuring
that the workplace is free from
all forms of harassment.

MDOT Policy
The MDOT will not tolerate harassment

by any employee against:
 Another employee
 An applicant for employment
 Any person receiving services or
conducting business with MDOT

MDOT POLICY
 Individuals not employed by MDOT

will be held responsible for any
acts of harassment they may
commit within MDOT work settings
or upon MDOT employees or
customers while in the
performance of their duties.

MDOT Reporting Procedure
 Report to Supervisor or Agency Official

Any employee who believes that
he or she has been the victim of
harassment in any form, by any
manager, supervisor, co-worker,
customer, client, or any other person in
connection with his or her
employment . . .
should bring the problem immediately

to the attention of his or her
supervisor or someone in the
employee’s direct line of supervision.
OR

If the concern involves someone in the

employee’s direct line of supervision,
or if the employee is uncomfortable for
any reason,
or is not satisfied after bringing the
matter to such individuals . . .
MDOT employees may take their
concerns to:
Jacqueline B. Jones, Director TSO
or to any
Modal Administration Office of Fair
Practices

WHY DO SOME PEOPLE
HESITATE REPORTING
HARASSMENT?
 In groups of 3 or 4 discuss
 List as many reasons or barriers as you
can
 Count 1 point for each item your group
listed that appears in the following list

WHY SOME PEOPLE
HESITATE REPORTING
HARASSMENT
 Recipients of harassment may be very

embarrassed and do not want to talk
about it with anyone.
 They do not want the harasser to get in

trouble.

WHY SOME PEOPLE
HESITATE REPORTING
HARASSMENT
 Some women are told, “Be a good

sport,” “Can’t you take a joke?”
“Boys will be boys,” or “You’ve got to
expect that in a traditionally male
job.”
WHY SOME PEOPLE
HESITATE REPORTING
HARASSMENT
 They are afraid of being blamed or
the subject of ridicule.
 They are reluctant to talk to

someone because no one else
seems to mind the harasser’s
behavior.
WHY SOME PEOPLE
HESITATE REPORTING
HARASSMENT
 They fear that, if they talk about it,

nothing will be done or the complaint
will not be taken seriously.
 They fear reprisal from the harasser,
especially if that person is their boss or
a representative of management.
WHY SOME PEOPLE
HESITATE REPORTING
HARASSMENT
 They may be concerned about being

labeled a troublemaker, especially if
they are new on the job.
 They are afraid of being fired,

demoted, not promoted, or
transferred.
MDOT Policy
 Your complaint will be taken

seriously and will be investigated
promptly and thoroughly.
 When warranted, prompt and

appropriate corrective action will be
taken.
MDOT Policy
Retaliation
Retaliation in any form against

anyone who exercises his or her
right to file a complaint or who
cooperates in an investigation of a
complaint is strictly prohibited, and
will itself be cause for appropriate
disciplinary action.

How to Deal with
Unwanted Attention
Step 1: Act Immediately
Tell the individual that the

behavior is unwelcome and
to stop the behavior NOW!

How to Deal with
Unwanted Attention
Step 2: Document the Incident
• Date, time, place of incident
• Specific unwelcome behavior
• Your response
• Names of witnesses
• Copies of documentation (e.g.,
notes, e-mails, pictures, etc.)
How to Deal with
Unwanted Attention
Step 3: Report the Behavior
Immediately report the behavior

to your supervisor or the MDOT
officials designated to receive
complaints.

How to Deal with
Unwanted Attention
Step 4: Report Retaliation
If you believe that you are
the subject of retaliation,
immediately report this
to your supervisor, the TSO
Office of Fair Practices, or any
Modal Administration Office of
Fair Practices.
Strategies for Prevention
 Know and follow the civil rights
laws and policies prohibiting
harassment.
 Act professionally and treat co-
workers with respect;

Strategies for Prevention
 When in doubt about the appropriateness
of particular behavior consider the
following:
 Would I behave this same way if my mother,
wife or child were standing next to me?
 Would I want my behavior to be the subject of
a report on the evening news?
 Would I want to describe my behavior in court
in front of a judge or jury?
Strategies for
Prevention
 Report harassing behavior

immediately, even if it is not
directed at you.

Complaint Investigation
 Every
Supervisor/Manager
may receive
complaints of
harassment.

 Regardless of your
personal feelings
about a complainant
or alleged harasser,
you MUST take the
complaint seriously.

 As a Supervisor or
Manager, you must
ensure that every
complaint is
promptly, fairly and
appropriately
investigated.

BE PROACTIVE
As a Supervisor or Manager:
 You are responsible for a
working environment free from

all forms of harassment.
 You must be proactive in
preventing harassment.

Summary
 Harassment is prohibited not only
by MDOT policy, but by State and
Federal law.
 Every MDOT employee shares

responsibility for ensuring that the
workplace is free from all forms of
harassment.
Summary
 If you believe that you are the victim of
harassment or are aware of harassment in the
workplace, you should immediately report it to any
of the following:
– Your supervisor.
– Someone in your direct line of supervision.
– The TSO Office of Fair Practices or any other
Modal Administration Office of Fair Practices.-

Summary
 Your complaint will be taken
seriously and will be investigated
promptly and thoroughly.
 When warranted, prompt and

appropriate corrective action will be
taken.
Summary
 Managers and Supervisors must

ensure that every complaint is
promptly, fairly and appropriately
investigated.

Summary
 Any employee who engages in

or knowingly condones
harassment shall be subject to
disciplinary action, up to and

Where to Get More
Information
Maryland Department of
Transportation
Jacqueline B. Jones, Director
(410) 865-1156


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IDENTIFYING

Identifying and Preventing

Identifying and Preventing

 Report harassment pursuant to State and

Identifying and Preventing

Please take a few minutes and

Identifying and Preventing

1. Harassment is a form of workplace

Identifying and Preventing

2. Harassment is a violation of State

3. The State of Maryland has a policy

Identifying and Preventing

“C. The harassment of employees on the

Identifying and Preventing

Identifying and Preventing

FALSE. A harasser’s intent is

Identifying and Preventing

6. If everyone else is okay with a

You have a right to object to offensive

Identifying and Preventing

7. Asking a co-worker for a date is

Identifying and Preventing

Asking a co-worker for a date is not

Identifying and Preventing

8. If you ignore harassing behavior, it

FALSE. Harassment must be dealt

Identifying and Preventing

9. It is not important to tell someone to

Identifying and Preventing

1. It puts the person on notice.

Identifying and Preventing

10. All employees share responsibility

Identifying and Preventing

11. Men as well as women may be

12. Sexual harassment may include

13. Harassment is only prohibited if it

Identifying and Preventing

Harassment will not be tolerated in

Identifying and Preventing

14. Harassment complaints must be in

Identifying and Preventing

Identifying and Preventing

 Article 49B, Annotated Code of Maryland,

It is illegal to harass anyone in the workplace based on race,

Unlawful harassment is:

Identifying and Preventing

Sexual harassment is unwelcome

Submission to or rejection of such

Identifying and Preventing

Such conduct has the purpose of or

Identifying and Preventing

 Sexual harassment by a male

 Harassment by co-workers based on

Identifying and Preventing

 Harassment by a female supervisor

 Harassment based on a supervisor’s

suggestive,explicit or obscene letters,