The spate of recent headlines disclosing corporate-level sexual harassment reminds every HR manager that vigilance and, when necessary, action are part of the job. Today’s Advisor features sexual harassment scenarios to help managers understand their roles.
Walter W. Had Nothing to Do with It
Walter W. was a happy enough auditor. He liked sitting at his desk and working through his numbers, and he didn’t really like mingling with his coworkers. Although he wished he hadn’t, he had been witness to a number of interactions between a colleague, Bill M., and the mail clerk, an attractive African-American lady named Jeri D. He couldn’t hear what was said, but he did see that Bill rushed out of his office every day to greet Jeri when she came around with the mail cart. He’d give her a hug and whisper something to her. And it was clear the she didn’t appreciate this attention too much. Oh, well, none of my business, Walter thought. Jeri doesn’t work for me and neither does Bill.
Then one day Walter got summoned to his boss’ office. “Walter,” said Big Dave E., the audit director, “we embrace the team approach here in the audit department, don’t we?” “Sure,” said Walter. “Well, Walter, the team has got a little situation,” Big Dave continued. “That Jeri from the mail room has filed a harassment complaint against Bill, says he’s been talking dirty to her every day. I don’t want this complaint blown out of proportion, reflecting bad on ALL of us, you see what I mean? Now, from where you sit, you don’t hear much, RIGHT?” Big Dave said.
The investigation turned out to be quite thorough. Word reached Big Dave that Walter’s testimony had been instrumental in the decision to give Bill a letter of reprimand and to schedule the entire audit department for several sessions of harassment training. Embarrassing, Big Dave thought, and the lawsuit is still pending.
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Big Dave never said anything to Walter about the incident, but when Walter’s name came up for the routine advancement to Senior Auditor, he didn’t approve the promotion. Is there any harassment going on here?
In addition to the harassment of which Jeri was a victim, it appears that Walter has been retaliated against for participating in a sexual harassment investigation, also a violation. You don’t have to be the victim to be protected from retaliation.
The situation could have been dealt with pre-lawsuit if Walter had talked to HR.
What if the situation is reversed, and Jeri welcomes Bill’s attention? Any harassment there? Not directly, since the conduct is welcomed. However, beware the future. If Jeri gets a promotion, someone’s going to say it was because of her relationship with Bill. And if the relationship sours, and Jeri misses out on a promotion, there’s more legal action brewing.
Jim J. Picks Bill B.
Jim J. was known as a boss who looked out for his subordinates. I’ve got to assign someone to this Warner project, thought Jim to himself. It’s a real plum of an assignment; if someone does well on this one, they’ll probably be in line for a promotion or at the least a juicy bonus.
Sally is the best person for this assignment, he thought, and she’s earned it with her hard work. Of course, Bill B. would do just about as good a job, but he’s not really up with Sally in several areas.
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I should ask Sally to have dinner with me tonight, and offer her the assignment. On the other hand, he thought, Sally’s a little sensitized to this sexual harassment thing ever since I asked her out a few times and she refused. If I ask her to dinner, she’ll see it as some kind of sexual coercion, and she’ll be complaining to the hotline. Hmmmm, Jim says.
About a minute later, Bill’s new-message light blinked on his screen. “Say, Bill,” said the instant message, “Would you be available to have dinner with me tonight?”
Is this harassment? Maybe it’s more like sex discrimination to avoid a sex harassment claim, but either way, it’s wrong. Sally is clearly being discriminated against.
What if the situation is reversed: Bill is most deserving, but Jim awards the assignment to Sally because he’s afraid that if she doesn’t get the job she’ll accuse him retaliation for not going out with him?
Again, it’s just not the appropriate way to do business. Better would be for Jim to concentrate on good evaluations and good documentation, so he can make a good choice and back up his reasons.
In tomorrow’s Advisor, two more harassment scenarios, and a look at a unique 10-minute-at-a-time training system that will help your organization avoid harassment lawsuits.