County launches anti-harassment program
TONY BROWN/DAILY FORUM
Nodaway County Prosecuting Attorney Robert Rice addresses a group of county employees Wednesday during a sexual harassment-prevention seminar. Three such sessions were scheduled this week in response to concerns that a lack of harassment training could result in lawsuits or a punitive loss of state funding.
As directed last month by the Nodaway County Commission, Prosecuting Attorney Robert Rice this week has been holding a series of required-attendance sexual harassment-prevention seminars for all county employees and officeholders.
The presentations were organized in response to a warning issued by County Clerk Beth Walker, who said Nodaway, which has not had an anti-harassment program in the past, could face significant funding losses related to litigation and punitive state action.
Officials say the county has never been the subject of a formal harassment complaint. However, Rice told the group of Nodaway employees who showed up for Wednesday morning’s presentation that both the commission and his office have legal and ethical reasons to be pro-active.
“Why are we doing this?” he asked, “selfishly so we won’t get sued, but ideally to build a better county government workforce through compassion, dignity, respect and encouragement.”
Each of Rice’s three presentations this week, timed to accommodate employees working different shifts, were to last about half an hour. Though some legalese was necessary, Rice said he wanted to avoid technicalities while emphasizing a common-sense approach to maintaining a courteous, considerate and fair workplace.
“I just want to offer some things for you to think about so that we can all enjoy our work experience with the county,” he said.
During the presentation, Rice sketched out a broad definition of harassment, which he said embraced “offensive racial or sexual comments or offensive comments about age, disability or other protected categories” such as religion or family status.
Turning specifically to sexual harassment, he said the law defines such actions as either “quid pro quo” — a Latin phrase meaning “something for something” — or as contributing to a “hostile environment.”
An example of quid pro quo harassment, Rice said, would be an employer or boss requiring sexual favors as a condition of employment.
Defining what makes up a hostile environment is a little trickier, Rice said, explaining that the term generally refers to inappropriate behaviors that can include innuendos or suggestive comments; racial or ethnic slurs; jokes or teasing about race, age, religion, disability and gender; sexual advances or propositions; and suggestive or lewd comments about someone’s body, clothing or appearance.
Such harassment is not necessarily explicit, Rice said, and can take the form of excessive flattery, repeated date requests or relentless personal questions.
Physical harassment can also contribute to a hostile environment, Rice said, including such actions as restricting someone’s movements and “inappropriate” shoulder rubs, pinching or hugging.”
The prosecutor also touched on allowable behaviors, which he said can include consensual romantic relationships.
“It’s all about context,” he said. “all about what’s appropriate.”
When trying to gauge whether a behavior or remark is appropriate, Rice said employees and managers should work to view their words and actions from different perspectives.
“Think how you would feel if TV stations or newspapers publicized the behavior,” he said. “Is this something you would want to see in the Kansas City Star? How about if your mom and dad knew about it? Your grandmother? Would you behave this way in front of your friends and family?
Along that same line, Rice said the county’s goal is not to handle instances of harassment correctly but to keep such episodes from occurring at all.
“Think about what you’re saying before you say it,” Rice said, “and then don’t say it. If someone feels like they need to file a complaint, then we’ve already lost. It’s too late. We want to keep that from happening.”
However, if an employee is subjected to behavior he or she perceives as harassing, Rice said it is important for that person to respond swiftly and decisively.
He advised workers to document inappropriate behavior in writing and to retain digital evidence that could include anything from “selfie” photographs to “the 64 text messages you received in just two hours.”
In cases of quid pro quo harassment, Rice said, employees can appeal directly to the appropriate government agency, such as the Missouri Commission on Human Rights, without speaking to their boss first.
Workers, he said, are required to file harassment complaints with the MCHR within 180 days of the alleged discrimination.
Hostile environment allegations are treated somewhat differently, Rice said, and should first be reported to “a person of authority” within the employing organization, unless the employer has a verifiable record of ignoring such complaints.
“If you do not report a hostile environment complaint, the employer might be able to get out of liability,” Rice said.
As for a formal sexual harassment policy, Rice said the topic is covered in the county’s employee handbook. However, he added that a detailed protocol for reporting such offenses is lacking. Rice said he is currently studying the existing policy in order to determine if it needs to be revised or expanded.
