Harassment training is always tricky—Discuss the behaviors of harassing managers, and you may be creating an uncomfortable environment just with your training. Here are a few scenarios that should get discussions going without offending.
The scenarios below are from training programs in the BLR® Employee Training Center.
Gayla’s Dress is “Provocative”
Gayla G’s job took her all around the facilities of Business Consulting Inc. She thought of herself as a very with-it dresser, but some of her co-workers thought her wardrobe was “a little suggestive.” True, her skirts were short, and her tops were low-cut, but she worked out at the gym every day to keep herself in shape, and why not show it off?
Gayla had a rather “flirty” way with the men in the company. She liked to come up close to them and make a provocative comment. One day, when no one was around, she approached co-worker John P. in her usual way. He hugged her, pressed himself against her, and grabbed her buttocks.
Unfortunately for John, Gayla had taken the rape avoidance training her gym offered, and she left him somewhat shocked and more than a little in pain.
Gayla reported the incident, and when John was confronted, he said, “Well, she’s been asking for it with her sexy clothes and come-on comments.”
Was this harassment?
Well, it might be a little more like attempted rape than harassment, but it’s surely not appropriate. Courts have consistently held that provocative dress or behavior does not excuse aggressive actions such as John P’s.
Is the case any different if John is the flirting sexy dresser and Gayla is the one who grabs him?
No. People tend to stereotype harassment as something men do to women, but it applies equally to women harassing men. Or to same-sex interactions, for that matter.
Matt Won’t Date Jackie
Sales manager Jackie J developed a fondness for Matthew M, who was one of her best salespeople. She kept trying to get him to go out with her after work, but he refused. “No, thanks,” he answered. “I don’t like to date people from the office.” Eventually, Jackie gave up her quest, and all seemed to have returned to normal. Not too long afterwards, however, when the quarterly sales awards meeting was held, for the first time, Matthew wasn’t selected for the “President’s Circle.” When he asked Jackie about it, she said, “Well, your ‘performance’ has been slipping a little. Perhaps this will get your juices flowing again.”
Is that sexual harassment or retaliation?
Of course, we don’t know, but it has the taint of retaliation. If Jackie can document the business reasons for her decisions concerning the President’s Circle, then maybe she can avoid the charge of retaliation. If she can’t, it might be retaliation.
Yes, you do have the budget and time to train managers and supervisors with BLR’s 10-Minute HR Trainer. Try it at no cost or risk. Read more..
William P Courts Janet R
Janet R enjoyed her position as administrative director at Eastern Healthcare. She worked with great people, with the possible exception of her boss, William P, whose interest in her clearly extended beyond the workplace. For months, in fact, he had been casually asking her out. Occasionally, she’d have a drink with him after work, maybe dance a few dances, but she never let things go any further than that.
Then Janet became eligible for a promotion, and things moved to a new level. “That promotion that you’ve been hoping for? Well, I imagine that if we spent a weekend in the country talking about it, I’d be a lot more likely to recommend you for it,” William said. Janet didn’t go and she didn’t get the job.
Is this harassment?
Yes, this appears to be the most blatant form of harassment, called quid pro quo (this for that). That’s when an employment action is conditioned on a subordinate’s acquiescing to a supervisor’s sexual desires.
Janet R Says Yes
Take the same situation as the last scenario. William P, the boss, keeps asking Janet R, his subordinate, to go out with him. But let’s say that Janet has been secretly hoping for an invitation to go on a weekend. The two of them go to the country for the weekend and enjoy it whole-heartedly. The next week, Janet gets the promotion. She and William continue to find mutual enjoyment on their weekends in the country.
Any problems?
Not for Janet and William. Not yet. But what about the other employees who didn’t get the promotion? If they perceive that Janet is getting promoted over them because she’s having sex with the boss, they are going to sue.
Now let’s say that Janet and William’s relationship cools off at some point in the future, as many relationships do. They stop seeing each other. They maintain a pleasant relationship at work and things seem back to normal for everyone involved. A few months later, however, Janet suffers some type of job detriment, for example, she gets demoted or fails to get a bonus.
Any problem now?
Train your line managers with BLR’s 10-Minute HR Trainer. There won’t be time for classroom boredom. Try it for free.
Janet may claim that William coerced her into a relationship and is now retaliating against her for breaking it off. Because of the boss/subordinate relationship, it will be hard to prove she wasn’t coerced and retaliated against. William will need some good documentation to back up his action against her.
In tomorrow’s Advisor, we’ll review a few more scenarios and take a look at a unique training solution that covers harassment and most other major HR challenges.
Other Recent Articles on Harassment
Avoidance Discrimination—Silent, Subtle, Dangerous
Subordinate Dating: ‘Most Dangerous Workplace Activity’
‘I Never Knew There Was a Complaint System’-Daily Advisor-BLR
‘But It Wasn’t a Formal Complaint …’-HR Daily Advisor-BLR
I am more than a little concerned with regard to the physical assault that is alluded to where Gayla left John in “a more than a little in pain.” From the scenario, Gayla approached him while no one else was around. It would appear that this scenario would be more about physical violence in the workplace, than sexual harassment. Both are prohibited, in our workplace, but the case could be made that John was targeted so that Gayla could use her newly learned skills on him.