Zero Tolerance is the Key to Ending Sexual Harassment
While the Paula Jones ruling has well faded from the spotlight, the issue of sexual harassment continues to plague businesses. To avoid a lawsuit and bad publicity that accompany public actions, companies must create a work environment free of sexual harassment.
The two categories of sexual harassment recognized under the law are quid pro quo and hostile environment. The commonly recognized quid pro quo involves trading sexual favors for job security or advancement. The hostile environment concept is more difficult to define because it lends itself to more arbitrary arguments. Language or physical conduct that one group or individual considers normal may be offensive to another group or individual. Furthermore, conduct may become unacceptable as the group dynamics change.
Instead of trying to micromanage employee conduct, establishing a zero-tolerance policy eliminates the gray areas altogether. If a situation occurs that offends someone, it must stop. Period.
Where Do You Start?
Top management must initiate any successful change in culture. This support will ensure the acceptance and adherence to the policy. Creating a zero-tolerance culture involves establishing a sexual harassment policy, training management to identify and react to sexual harassment complaints, and educating employees about the company policy.
Your sexual harassment policy must clearly state that no type of sexual harassment will be tolerated and that failure to comply can lead to termination. Retaliation directed toward anyone who makes a complaint is not allowed. Many employers also fail to understand their liability for sexual harassment situations when a vendor or sales representative is acting inappropriately.
Training Management
Start by explaining the company’s position on sexual harassment. Managers must have a clear understanding of what is and what is not acceptable behavior. Law can hold managers liable for failing to notice or deal with a sexual harassment situation.
Educating managers is not always an easy task. Often, senior managers entered the workforce more than 30 years ago, when women routinely suffered in a male-dominated work culture. Today’s work environment no longer condones such practices. Managers must recognize and promote the new standards, especially since they will be in charge of enforcing them.
You need to establish a reporting process. A list of people who are trained and qualified to handle complaints should be provided to employees. This is difficult to discuss and by offering choices, you increase the possibility that someone with a problem will choose to come forward, rather than go to a lawyer.
Educating Employees
It is not enough to just include the policy in the employee handbook. Further education and training for employees is a must in order to create a zero-tolerance company culture. It is very effective to host a Q & A seminar, allowing employees to voice questions and concerns, as well as equipping them with examples of unacceptable conduct. Remind them of the policy at least once a year. Expect complaints — don’t be surprised if complaints are reported after a seminar or training session. This is what you want. It is proof that the education and training are working. Better to deal with the crisis in-house than in court.
React Quickly
Treat all reports objectively. The investigator must be trained and capable of conducting an unbiased inquiry of the situation. Some companies rely on a consultant to keep the process objective. Try to keep the information confidential. This will limit retaliation and help keep employees focused on their jobs rather than the scandal. If the allegations prove to be true, immediately inform the offender that his or her behavior is intolerable and could lead to termination.
Top officials should be informed and kept abreast of all complaints and any ensuing investigations.At no time can managers look the other way. Some employers may believe that domestic disputes between romantically involved employees are not their problem. This is not always true. Any activity that creates a hostile environment in your company is yours to rectify. For example, at a small manufacturing company, two complaints were filed against an employee who was in management training. The manufacturing company did not have a human resources department and had no idea where to start its investigation. The employee had been demanding sexual favors in exchange for job security. Even though he had been in a relationship with one of the complainants, it was still a strong case and required a response from the company. After an investigation, the harasser resigned and the company avoided a lawsuit.
Be Strong
Don’t be afraid to establish a zero-tolerance policy. Your employees want firm guidelines. By instituting a clear policy and reporting guidelines, you will create a safe environment for your employees and help reduce the risk of expensive and time-consuming litigation.
