Experienced HR professionals know that, generally speaking, an employee has no viable claim for sexual harassment unless her workplace has become “hellish.” Nonetheless, savvy employers will take action long before offensive behavior adds up to an actionable claim of sexual (or racial or religious) harassment. By focusing on inappropriate behavior and nipping it in the bud, management can head off harassment claims by setting the example for sensitivity and respect for others’ views.
Does this Sound Familiar?
How many of you have had this experience: You’re in the middle of sexual harassment training, and one of your senior male managers says, “Boy, I wish someone would harass me!” Or this: You hear a supervisor engaged in conversation with members of her department about the relative physical attributes of the various competitors on the latest reality show. Or: Your sales manager passes along to you and others in the organization a computer video clip his sister sent him via e-mail showing a fraternity prank that involved mooning the opposing crowd at a football game.
Such situations are all too common, and they send the wrong message about management’s views concerning what appropriate workplace conduct is. If those scenarios sound familiar, it may be time to gather your supervisors together for some awareness training. Here are 10 best practices you can pass along to all your managers.
Rule #1: Suggestive or Sexual Materials Don’t Belong in the Workplace
Period! That means the Victoria’s Secret catalog, even if it’s shared only among women. That means the e-mailed list of 10 Reasons a Cucumber Is Better Than a Man. That means a video clip of Janet Jackson’s revealing moment at the Superbowl halftime show. Yes, it was aired on national television, but that doesn’t mean a reasonable person wouldn’t find it offensive.
If you find yourself mentally debating whether an anecdote, e-mail, or humorous birthday card posted in the break room might cross the line and offend someone, trust your instincts and diplomatically see to its removal.
Rule #2: Your Coworkers Aren’t Your Family
Of course, a friendly working atmosphere is a good thing. If you treat a colleague as you would a spouse, significant other, parent, or child, however, it’s time to reevaluate the relationship (that is, the relationship with the colleague). Get back on the professional track.
Rule #3: Eliminate Derogatory Gender-Related Language
Derogatory gender-related language should be eliminated from the workplace vocabulary. For example, if someone says “This project is a bitch” or “The computer system is f’ed up,” you should ask the speaker not to use such language because it may make others uncomfortable. True, courts have recognized that this sort of shop talk isn’t sexual in nature. Nonetheless, some people find it offensive, and the workplace is better off without it.
Rule #4: Beware the Nonverbals
One often-cited federal sexual harassment case describes a supervisor as making the sound “um um um” in the presence of an attractive subordinate. Other cases have included staring as allegedly offensive conduct. Put your supervisors on notice that sexual innuendo can come in the form of comments, sounds, expressions, or gestures. Regardless of the form it takes, it isn’t appropriate professional conduct.
Rule #5: Keep Terms of Endearment at Home
That includes “honey” or “hon,” “sweetie,” “dear,” “chick,” “babe,” “sugar,” etc. True, it isn’t harassment if the term is used to apply equally to both males and females. In reality, however, that’s seldom the case, and a term that’s meant affectionately or as a joke can easily be inferred as condescending. Also, be aware of terms like “mom” and “gramps.” Even when used affectionately, such names may be viewed as derogatory or disrespectful toward older employees (see rule #3).
Rule #6: Watch the Hands
A brief, professional handshake is fine. There’s also nothing wrong with a light touch on the shoulder to get a colleague’s attention. But going much beyond that is asking for trouble. Some supervisors use a “hands-on” approach to establishing rapport with colleagues — hugs, shoulder rubs, and other casual contact that’s meant in a friendly way. However well meant, such contact (especially when it comes from a boss) can make people uncomfortable. Respect others’ personal space, and try establishing rapport with a smile rather than physical contact.
Rule #7: Sex Life Discussion = TMI (Too Much Information)
Whether the conversation is about a supervisor’s love life, a coworker’s love life, or Carrie Bradshaw’s love life from the last season of Sex and the City, it isn’t a conversation that belongs in the workplace. Counsel your supervisors that if their employees come to them wanting to share information about personal relationship problems, the best practice is to get the conversation back to work-related topics.
If the individual really seems to need outside help, suggest professional counseling (the company’s employee assistance program, if there is one). Remind your supervisors that once they’ve allowed themselves to become their employees’ (unlicensed) therapists, it can be awfully hard to get out of that role and reestablish the relationship on professional grounds.
Rule #8: Accentuate the Positive, but on a Professional Level
Compliments on physical appearance must be handled with care. For example, he says, “That brooch you’re wearing is interesting. Is it an antique?” She thinks, “What’s he doing looking at my chest and letting me know that he was looking?” Play it safe and keep day-to-day pleasantries on the weather or other subjects that aren’t emotionally charged.
Rule #9: E-mail and Voice-mail Messages
There’s a word for e-mail and voice-mail messages: evidence. People tend to view electronic communications as a substitute for personal conversation and treat them with the same informality. Remember that such messages are recorded and stored. There’s no guarantee that the recipient will hit “delete” or that, even if she does, the result will be complete erasure. Don’t say anything in e-mail or voice mail that you wouldn’t write on a hard copy document or that you wouldn’t want to hear repeated in a court proceeding.
Rule #10: Rules of the Road — Ditto All the Above
Supervisors traveling on work-related business represent the company even when en route, dining out, or staying overnight. Business-travel behavior must live up to the same standard as in-office behavior. In other words, the above rules don’t have geographic boundaries. They apply on and off the company premises. Yes, that includes the company holiday party.
Bottom Line
When you counsel your supervisors that they’re expected to be models of respectful behavior, you may get the reaction that you’re trying to take all the fun out of the office. Just remind them that nothing takes the joy out of the workplace like having to defend against a claim of harassment — however trivial or baseless. A culture of respect for others will pay off in the form of more professional working relationships and greater productivity.
Please work on accurate headlines…..rules are not a “how to list”–they are guidelines or policies…….
A how to list is a set of instructions (i.e. a description of how to do something)….
Excellent article. Thank you.
I agree with your Rules. One thing I’d point out is I think you’re a bit paranoid about the example you used for Rule #8 – a male employee commenting on a brooch a female employee is wearing. Compliments enhance a workplace environment and I agree they must be respectful and reflective of the working relationship. But your example is a bit extreme and creates the paranoid attitude I see in many employees that I work with. If you were to use an example, why not something like this: “Is that a new skirt you have on? Well it fits you well.” Just my thoughts. Thanks.