Sexual harassment in the workplace
Introduction
Sexual harassment can be defined as any sort of sexual advance that is unwelcome. It may also take the form of a demand for a sexual favor or physical contact that can is said to be of a sexual manner or nature that takes place in a work environment. The above constitute sexual harassment when submission to such sexual advances is made, either implicitly or explicity a condition of an individual’s employment, if rejection or submission to said sexual advances is used by an employer bas the basis of making decisions regarding employment of an individual or if the sexual advances are aimed at or results in creating a hostile working environment for an individual. A crucial point of this act is in the use of the word “unwelcome.” This is to mean that though welcomed sexual advances may be in breach of company policy or may cause unease towards other coworkers, they cannot be termed as unlawful. This paper will look at what sexual harassment is and how the human resources department goes about cases of sexual harassment in the workplace.
Victims of this type of sexual discrimination may sue under the civil rights act of 1964. The act prohibits any kind of sexual discrimination in a workplace setting. Sexual harassment was not considered as a form of sexual discrimination by the federal courts until the 1970s. Until then, many women have suffered due to sexual harassment. Many have lost their jobs because they did not yield to their employer’s sexual advances. Now however, employers have been made aware of the fact that employees can sue if they are harassed sexually. Sexual harassment is often associated with a heterosexual employee or employer making sexual advances that are unwelcome towards another heterosexual employee. There have however been cases of same sex sexual harassment and even sexual harassment cases of heterosexual employees or employers towards other heterosexual employees of the same sex. To tie up all loose ends in the act, the Supreme Judicial court of Massachusetts ruled that sexual orientation of the parties would not be a consideration in making rulings in cases of sexual harassment.
Sexual harassments include many things. For example, rape or attempted rape, sexual assault, unwanted deliberate touching, cat calling, giving of gifts that may be considered personal, and many others. Some examples of verbal sexual harassment include: reference to an adult using terms like girl, babe or hunk, telling of sexual jokes or stories or even repeatedly asking a person out even though they express disinterest. In India, casual movements such as a pat on the back may warrant one to form a complaint with human resources or even take legal action.
Despite the amount of awareness and publicity that has been spread about the perils associated with sexual harassment, studies show that few businesses within the U.S have addressed the issue. The few that have, have gone as far as having their employees attend sexual harassment seminars and have set policies on the same. Policies that they are yet to enforce. Sexual harassment is on the rise in firms based in the U.S with victims opting to yield to these sexual advances other than to report the cases and having little to no action taken in this regard. Consequences of development of a law suit involving sexual harassment in a firm are dire. Such lawsuits apart from being expensive, may cause a decrease in employee morale, may result in decreased productivity or damage the company name. It is for this reason that the human resources department has been given the responsibility ensuring that no such cases reach the courts. This department has been accorded the powers to deal with cases of sexual harassment as is stipulated in the company’s sexual harassment policy.
When an officer in the human resources department comes across a complaint, there are some factors they must bear in mind. First is that as earlier stated, the harasser’s sex and sexual orientation are never taken into account while deciding the validity of a case involving sexual harassment. This is to say that sexual harassment should not be taken to mean that the harasser is of the opposite sex or of heterosexual orientation. Secondly, any person within the employee’s working environment can be the harasser. Be they superiors, peers or individuals of lower rank. The victim of an act of sexual harassment is by definition anyone that is affected by the sexual harassment. It may be the person towards whom it is directed or even a person observing. An example may be an employee that feels a supervisor that is engaged in a sexual relationship with an officer, another officer can claim sexual harassment if they feel that the supervisor is favoring the other officer. The officer receiving the complaint should advice the complainant to tell the person sexually harassing them to stop or to clearly say no. This may be communicated either in writing or orally. If in writing, the communication should include: a description of the act. This includes date, time and specific action, a description of the complainant’s feelings towards the action and a request that the behavior cease. The officer must also remember that sexual harassment can occur and the victim may be unable to demonstrate any negative effect of the same on their work. Such effects would include transfers and demotions. Employees should know that if faced with a case of sexual harassment, they should use the procedures outlined in the company’s sexual harassment policy and that that an investigation must be carried out as per the handbook. The burden of performing the investigation is on the employer through the department of human resources.
The investigation should proceed as follows: Before a complaint is filed, the employer has the responsibility of posting and informing all employees about the organization’s sexual harassment policy. It should highlight the fact that sexual harassment will not be tolerated and that all claims will be investigated. This will ensure that all staff members are aware of the consequences of acts of sexual harassment and that no member of staff attempts to make a false claim as an act of malice. This is usually performed by the administrative body of the organization the body will then appoint a member of staff to take control of this investigation. In most cases this is the duty of the department of human resources. The member selected should have ample knowledge about the organization and members of the organization, hence the choice.
It is the duty of the department of human resources to plan the investigation. This plan must be based on their knowledge of the members of the organization. They should plan what members and areas they need to investigate. This is followed by talking to the employee filing the complaint. This is so that the employee is assured protection from any form of retaliation that may come as a result of filing the complaint. It is only through this assurance that an employee may be able to proceed with filing a complaint especially against a direct superior. The complainant is advised to report any acts of retaliation that may befall them between the duration of the investigation. The employee should also be assured that the course of action they chose to peruse was the right one.
It is at this point that the complainant maybe asked to narrate the event or series of events in their own words. Here, the investigator is advices to make notes and observations. Choice of words and emotions displayed may be important as well. Dates, times and places should also be noted down as they may be used to corroborate facts later on in the investigation. The complainant should then be told that the complaint has been filed and that they should remain patient as the investigation is carried out. They should be informed about the fact that retaliation on their part will also not be tolerated. The person against whom the complaint has been filed should also be assured of the fact that a just and fair investigation shall be done on behalf of both parties. They too ought to be made sentient of the consequences of any attempt at retaliation. Potential witnesses are then interviewed in a manner similar to that of the complainant and the person against whom the complaint is filed. This is done by use of open ended questions as a means of qualifying or disproving the complainant’s allegations. The accused also has a right to give their side of the story. The investigator is reminded to maintain an impartial and non-partisan approach to this questioning. From the information obtained, the investigator is now in a situation to make a decision on the matter though they are advised to seek the opinion of other members of the human resources department. The investigator can then decide whether or not sexual harassment did occur and if it did, what kind of punishment to accord the perpetrator
The process of carrying out such an investigation is very sensitive and should therefore not be undertaken with haste. Any mistake on the part of the investigator may have immense negative impacts on the parties involved. The investigator must be aware of the fact that cases of absence of evidence in the line of testimonies in cases of sexual harassment do exist even though sexual harassment may have taken place. It is necessary to follow up with person who filed the complaint to ensure that there are no more incidences. Documentation may prove useful if a party is not satisfied with the results of the investigation and seeks to take additional legal action. This follow up should be documented but separately from the employee’s personal file. The employer’s actions will send a powerful message towards employees as pertains to their conduct in the workplace. It is therefore important that it at no time appears as though a complaint by an employee has been disregarded.
It is important to note that to avoid cases of sexual harassment in the work place, certain policies and guidelines ought to be outlined clearly to all members of staff in an organization. This is done in the publication of a sexual harassment policy. The hand book, upon publishing should contain within it policies that range from defining what sexual harassment is to describing both appropriate and inappropriate workplace behavior. It is common for people to commit sexual harassment without knowing they are doing so. The handbook should also contain a sexual harassment policy, a policy on how investigations on sexual harassment should be carries out in the firm, a general harassment policy and also a policy regarding employees getting sexually involved with officers they report to. This will ensure that no third party complains that the employee is getting special benefits or treatment as a function of their pursuing a sexual relationship with a reporting employee.
Another important factor related to sexual harassment in the workplace should be in the recruitment and training of HR personnel. As has been explained above, the burden of carrying out investigations related to sexual harassment lies squarely on officers in the HR department. It is for this reason that that extra caution is taken during recruitment of officers in this department. Officers in this department ought to have integrity. This quality will work well to ensure that their decision does not fall prey to any kind of bias. Also it ensures that they do not succumb to incentives from the party against whom a complaint is being filed to alter the facts of the case. Their loyalty should also lie in serving the employees of the company. They can do so by providing them with a safe and comfortable working environment. Officers in the HR department should also be able to understand basic psychology. This will prove useful when interrogating parties involved in a sexual harassment case together with witnesses. For one to qualify for such a position they should be able work fast. It is expected that during the duration of the investigation there shall be some degree of tension in the workplace. The officers should also be just. They are to determine the kind of punishment befitting an individual found guilty of sexual harassment in the workplace depending on circumstances surrounding the case. It is safe to conclude that applicants for positions in this department should undergo vigorous vetting and scrutiny as the integrity of the company will be determined by them.
Applicants for this position should also be able to work quickly. During the time of the investigations, there may be some tension around the workplace, particularly between the parties involved. This tension may affect their productivity and it is therefore essential that the investigations take place quickly and the workplace return to normal as soon as possible. This speed must be accompanied by caution. If the investigations are delayed, the probability of information being altered, perhaps with the witnesses is high. They may exchange stories and mix up valuable facts.
Conclusion
Sexual harassment has had massive ramifications to multiple parties over the years. First to the victims. If not addressed at the workplace, the sexual advances may be even directed outside the workplace. Cases of people killing those that do not respond to their sexual advances are not uncommon. If the employer would have taken action against the person in good dime therefore asserting their stand on sexual harassment, such occurrences may have been avoided. Other cases involve rape. If cases of sexual harassment are not handled the actions involved may evolve from acts of sexual advances to actual rape. Such cases are also not uncommon. Companies have also had their credibility questioned and their reputations stained by this practice. The responsibility of dealing with cases of sexual harassment lies with the employer, more specifically, the department of human resources. By doing so, the firm protects the employee from further discrimination and also protects itself from very expensive law suits. It is unfortunate that sexual harassment is still rampant in this day and age. As a means to keep their name clean, many companies frown upon employees taking legal action against fellow colleagues whereas said legal action is only sought due to the fact that the complaint was not well handled at the company level. Companies are therefore advised to develop practical sexual harassment policies and to put in place the infrastructure to enforce them. They should also ensure that the human resources department is such that employees of all ages and sexes will feel free to report cases of sexual harassment in the workplace.
References
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Boland. Mary L. (2006). Sexual harassment in the workplace. Naperville, Ill: Sphinx Pub. Print.
Mackinnon, C. A.(1979). Sexual harassment of working women: A case of sex discrimination. New Haven, Conn. [u.a.: Yale Univ. Press.
Barickman, R,.&Paludi, M. A.,(1998). Sexual harassment, work, and education: A resource manual for prevention. Albany: State University of New York Press.
