HR Management & Compliance

Who’s Harassing Whom in Your Company—Right Now?


Multimillion dollar harassment settlements and judgments just keep on coming. Recent headlines run the gamut from “Unwanted Touching at McDonalds” to “Harassment at Madison Square Garden.” How can HR help?


Is harassment happening at your workplace? Has it continued over time? If so, experts offer two explanations as to why: Either management is unaware (unlikely} or not acting (all too likely).


Management Is Unaware


These days, it’s hard to imagine that management is unaware, given the egregious nature of many incidents, but it is easier to believe when the organization has many low-level supervisors running outposts, such as movie theaters, fast food restaurants, or convenience stores. In those situations, there’s a lot of autonomy and little oversight.


Managers, Supervisors Notice but Fail to Act


Then there’s the other side of the coin—head-in-the-sand managers and supervisors who see inappropriate behavior but don’t act. Reasons they often give:


—They are not sure where the line is between acceptable and unacceptable behavior. (Tell them that if they are wondering, things are close enough to the line to take action.)
—The people involved are buddies. (They’ve got to get over that to be supervisors or managers.)
—They don’t want to be seen as “square.” (Tell them they may be seen as fired if they don’t act!).
—They’re “not good at confrontation.” (Remind them that one needs to step up to be a supervisor.)
—They are the problem. (This worst-case scenario obviously requires immediate attention.)



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What Should Management Do?


If you run into any of these situations, the solution is the old standby, PTAPolicies, Training, and Action.


Publish Policies


Set forth clear policies that state the organization’s opposition to harassment—and its intention to enforce the policy. Then, “publish” the policy. That doesn’t mean just printing it, it means making sure all employees read and understand it, so that no one is later able to say “How was I to know?”


As evidence that you’ve done so, get your employees’ signatures on a form saying that they have reviewed the policy and understand it, and also the consequences of failure to abide by it.


Train Everyone


Train all employees on your policies and on how and when to report problems. Be sure you have several options for reporting and, at minimum, one that avoids the chain of command. Give supervisors additional training on when and how to deal with harassment problems.



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Take Action


Supervisors must bite the bullet and deal with inappropriate behavior as soon as it is apparent. It’s not easy, but it is the job. Remind them to come to you if they are unsure of what to do. It’s always better to find out about potential harassment sooner than later.


Get Out and About


There’s one more other thing HR managers can do—walk around a little! Chat with workers, find out for yourself what’s going on. Be available. It’s not enough to say “My door is open.” Both managers and employees have to feel comfortable coming to you for advice or to report misconduct. And they won’t do that if you project remoteness or inaccessibility.


In the next Advisor, we’ll give you a reproducible appropriateness guide for the workplace and, speaking of accessibility, a program that brings you new best practices for addressing harassment—and dozens of other HR challenges—every 2 weeks.

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