Sexual Harassment Rears Its Ugly Head...Again
"Sexual harassment rampant at auto plant," screamed the recent newspaper headline. The ensuing story related claims by women that they were subjected to vulgar remarks and sexually oriented conduct from male co-workers and supervisors. Said one woman, " All I want is to work at a good paying job to support my family. I shouldn't have to put up with this."
As a human resources consultant, I have conducted personnel practices audits at various firms and interviewed many supervisors about employee relations practices. Overwhelmingly, men interviewed stated that there was no sexual harassment problem in their organization. A typical male reaction is this: "Haw, Haw, I wish the women would harass me! Seriously though, heh, heh, we really don't have that problem here."
On the other hand, women workers, when interviewed about sexual harassment, oftentimes assert, "Yes, it goes on here," and almost universally can relate an inappropriate sexually oriented incident that occurred in their working career.
So, what accounts for such a wide gap in differences in perception between men and women? One obvious reason, as demonstrated by the comments above, is that many men don't take the matter seriously. Men often consider sexual jokes, bantering or gestures as just joking around. But to women, such conduct is unwanted, lewd, offensive, and sometimes intimidating.
Sexual harassment is more about power and intimidation rather than romantic sexual interest. Sexual harassment is unlawful conduct under state and federal equal employment opportunity laws. A supervisor's conduct violates the law when sexual advances are a real or implied requirement for job benefits or if an employment decision is influenced because an individual accepted or rejected the sexual conduct. Such actions are referred to as quid pro quo (a Latin phrase meaning something for something) sexual harassment.
Also, sexual or gender oriented conduct that creates an intimidating work environment or unreasonably interferes with a person's work is considered to be hostile environment sexual harassment.
In the event of a sexual harassment complaint, management must take the complaint seriously.
Male workers ask, "What is sexual harassment?" "How do I know if a compliment could result in a sexual harassment claim?" "They [women] want us to pay attention to them, and then they complain when we do!"
Sexual harassment is sexually oriented conduct that is unwanted by the recipient. It is generally repeated or pervasive, although a single serious, physical, or threatening incident could be considered harassment. When considering a complaint, the government investigators will examine all aspects of the conduct, considering nature, frequency, and relationship between the parties.
To prevent the problem, an employer should define a policy strictly prohibiting sexual harassment, and provide training for supervisors and employees alike. The policy should advise employees where or how a complaint may be made within the company.
In the event of a sexual harassment complaint, management must take the complaint seriously. A prompt confidential investigation should be conducted by a human resources specialist or other manager. A timely investigation resulting in appropriate corrective action is essential to stop inappropriate behavior and to minimize the employer's liability. Protect confidentiality of the inquiry and assure the complainant that there will be no retaliation for a bona fide complaint.
With sexual harassment, the bottom line is this: Any sexually oriented conduct that is unwanted by the recipient is not proper workplace conduct and is sexual harassment. Remember: where there's smoke, there's fire. Management's failure to prevent sexual harassment or lack of response to sexual harassment complaints can seriously disrupt work activity and lead to costly legal claims.
### ###
William S. Hubbartt is president of Hubbartt & Associates, a St. Charles, based management consulting firm specializing in personnel policy development, employee compensation, training, and related advisory services. He is author of Personnel Policy Handbook - How to Develop a Manual That Works (McGraw - Hill, 1993)
