Sexual harassment is being widely discussed as a topic of interest among many professional communities, including Human Resources and Management in the workplace. This research document will give an understanding of how management should address this issue when present in a work environment.
To start with, sexual harassment will be understood as defined in The United Sates by the Equal Employment opportunity Commission (EEOC) as a prohibited form of sex discrimination that violates Title VII of the Civil Rights Act.
Sexual harassment has many forms being verbal or physical, explicit or implicit and as a consequence generates and intimidating and hostile- offensive work environment.
An action is considered sexual harassment …show more content…
when:
1. The action is related to sex or sexual conduct; this action may be displayed in the form of unwanted jokes, gestures, offensive words, un-welcome comments, grabbing an employee and interfering with his/ her ability to move, transmitting or posting pictures of other sexual content of harassing nature, playing sexually suggestive music.
2. The action- conduct is un- welcome, not returned, not mutual such as repeated requests for dates that are turned down or unwanted flirting.
3. The action/ conduct affects the terms or conditions of employment such as raises and promotions.
Sexual harassment may occur in different locations outside the common work site or office. The key to determining if sexual harassment has occurred in the workplace is to consider if the individual is in a particular place because of a job related activity. In such case if an un-wanted and offensive sex- based conduct occurs, then it will be considered sexual harassment. Job related activities may include traveling to work- related conferences or to branch offices or attending staff parties or meetings.
It is commonly mistaken to think that sexual harassment only occurs between male bosses and female subordinates. In fact, sexual harassment occurs between any co-workers including and not limited to: peer to peer harassment, subordinate harassment of a supervisor, men can be sexually harassed by women, same sex harassment and third party harassment where the offender can be a customer, a vendor or a supplier. Likewise, there is no “typical harassed woman.” Women of all ages, backgrounds, races and experience and in every work environment experience sexual harassment. (Langelan, M. 2003)
The target of sexual harassment is not the only victim. Other employees that observe or know about the inappropriate conduct can also be a victim and file a complaint. The U.S. Equal Employment Opportunities Commission (EEOC) states, ''the victim does not have to be the person harassed but could be anyone affected by the offensive conduct."
How Management Should Address the Sexual Harassment Issue?
The best way to address sexual harassment in the workplace is through prevention. Employers in the United States are obligated with the employees to provide them with an environment free of discrimination and harassment. Therefore, employers are responsible for implementing and deal with harassment.
A prevention plan must include all the related parties and a clear written policy that recognizes the importance of addressing the sexual harassment issue and the steps to follow to file a complaint after the aggression had taken place.
Anti-harassment policies will: explain what harassment is, make a clear statement of not tolerate of harassment and set a mechanism to be used to report sexual harassment whenever this occurred.
Having anti- harassment policies and procedures in place does not guarantee that harassment will not happen, but having them implemented and combined with an appropriate training may help to prevent harassment.
According to the British Columbia Human Rights Commission manual: “Preventing Harassment in the Workplace”, some recommendations to create a harassment free workplace …show more content…
are:
• Make it clear that this is a workplace where harassment will not be tolerated.
• Provide education and information about harassment to all staff on a regular basis.
• Develop an anti-harassment policy together with employees, managers, and union representatives.
• Communicate the policy to all employees.
• Make sure that all managers and supervisors understand their responsibility to provide a harassment-free work environment.
• Ensure that all employees understand the policy and procedures for dealing with harassment.
• Show you mean it - make sure the policy applies to everyone, including managers and supervisors.
• Promptly investigate and deal with all complaints of harassment.
• Appropriately discipline employees who harass other employees.
• Provide protection and support for the employees who feel they are being harassed.
• Take action to eliminate discriminatory jokes, posters, graffiti, e-mails and photos at the work site.
• Monitor and revise the policy and education/information programs on a regular basis to ensure that it is still effective for your workplace.
No retaliation will be permitted after the investigation of a sexual harassment complaint regardless the outcome of the investigation. Under no circumstances an employee that has filed a complaint may be treated in any different way than other employees.
Preventing sexual harassment is not only the employer’s responsibility; employees should also take an active role in preventing sexual harassment from happening.
According to the University of Maryland Sexual Harassment Manual, chapter on prevention of sexual harassment, some of the employees’ responsibilities are:
• Obtain and become familiar with the organization’s policy on sexual harassment.
• Examine one’s feelings, attitudes, and behaviors in relation to sexual harassment.
• See that behavior corresponds with the expectations and behavioral requirements of the organization’s sexual harassment policy.
• Be sensitive to individuals who may be offended by the verbal and non-verbal behavior of others.
• Be aware of subtle forms of sexual harassment.
• Watch for and discourage sexual behaviors that negatively affect work.
• Pay attention to the response of others in order to avoid unintentional offense.
• Do not assume that employees or co-workers enjoy or want to hear risqué jokes or sexually oriented comments about their appearance, or be touched, stared at, flirted with, or propositioned for dates or sexual favor
pay.
• Ask yourself if your verbal or non-verbal behaviors might have a negative impact on other co-workers’ attitudes toward work;
• Examine your behaviors, gestures, and comments. Ask yourself, "Could I unknowingly be encouraging sexual interplay by the way I interact or communicate?"
• Do not take sexual harassment lightly. If you think you are being sexually harassed by an individual or a group, do not accept it as a joke. Do not encourage the harasser by smiling, laughing at his/her jokes, or flirting back. Let the harasser know that you do not enjoy and do not want this type of attention.
• If possible, confront the sexual harasser immediately. Tell him/her that you find that type of attention offensive.
• If possible, tell the harasser that the behavior affects you negatively and has the potential of negatively affecting your job.
• If possible, tell the harasser what behaviors (gestures, physical or verbal) behaviors you find offensive.
• Seek confidential advice to develop your personal resolution strategy.
• Consider writing a letter to the harasser and keep a copy for yourself.
• Document all the incidents of sexual harassment. Be detailed, precise about the date, time, location, and person/persons involved.
• If you know someone who is being harassed, give him or her support. Encourage the recipient to talk about it and to take immediate action to stop it.
• If you actually see or hear an incident of sexual harassment or are subjected to an offensive environment, you can also take the appropriate steps to resolve the harassment or co-file with the complainant.
• When a recipient files a complaint, if possible, support him or her throughout the complaint process.