Some employees think that every thing managers do that annoys them is harassment, says attorney Gregory J. Hare, but managing performance isn’t harassment.
Hare, who is a shareholder in the Atlanta office of law firm Ogletree Deakins, gave his suggestions at the recent SHRM Annual Conference and Exhibition in Las Vegas.
Hare says that there are three things managers can always do that aren’t harassment:
- Insist upon work performance. You can set standards and you can insist that workers meet the standards.
- Criticize for poor work performance. It’s OK to do performance appraisals and to talk to people about poor performance.
- Enforce policies and rules (so long as you do so equally). You are on solid ground enforcing company policies and rules, as long as they are consistently enforced.
Making a complaint doesn’t shield employees from valid discipline, Hare says.
Why Do We Care About Harassment?
Be sure that your managers are aware that harassment hurts employee morale and productivity, Hare says. Tell them that harassment allegations can result in:
- Embarrassment for you and the company
- Liability for the company and for you individually
- Government charges and lawsuits that take time and money
What Your Company Expects From You, Manager
Hare suggests that you ensure that managers understand:
- The company’s anti-harassment policy
- The company’s procedures for responding to complaints
- How to fix problems responsibly
And also that:
- Employees may not be subjected to harassment by:
- Supervisors
- Co-workers, or
- Third party customers/vendors
- If an employee tells you that improper conduct has occurred, you must report the problem immediately
- Employees expect their manager and their company will provide:
- Treatment with respect and dignity
- A workplace free from unlawful harassment and discrimination
- No tolerance for harassing behavior
- Prompt investigation of complaints
- Confidentiality (as much as practicable)
- Prompt remedial action (as appropriate)
- Protection from frivolous claims
- No retaliation
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How Should Managers Respond to Sexual Harassment?
It’s important to recognize, says Hare, that different levels of conduct often require different responses. However, he adds, even the smallest misconduct, if allowed to fester, can evolve into a major problem for the workplace.
Hare defines three levels of harassment with three levels of response, and gives examples of each:
Level One Harassment
First offense = Warning
Level Two Harassment
First offense = Final Warning
Level Three Harassment
First offense = Termination
Example #1: Two co-workers, male and female, go out to lunch every day. While in the office, they joke around in their cubicles, often in a sexual way, with both people making jokes about appearance and sexual prowess of the other. Neither complains.
(Level One Harassment)
Example #2: Two co-workers are on a business trip. While they are driving, they pass by a motel. One says to the other, how about a “quickie?”
(Level One Harassment)
Example #3: A male boss enters a female’s associate’s office. While the associate thanks him for involving her in a new project, he stares at the associate’s chest. The boss then states, in a creepy voice, that he “likes” the employee’s outfit, and he “looks forward” to working with her on more projects, if she “plays her cards right.”
(Level Two Harassment)
Example #4: A female co-worker tells a male co-worker that he’s really looking good, and asks if he’s lost weight or working out.
(No Harassment)
Example #5: A female supervisor asks a male co-worker to rub her shoulders, complaining that she is tense. The male co-worker complies. He then gradually expands the massage and grabs the female supervisor’s breasts for a moment, at which time the female supervisor shouts: “Hey! What the hell do you think you’re doing?”
(Level Three Harassment)
Example #6: A female manager calls her subordinate “gray beard” and asks him about typewriters and rotary telephones. The manager and coworkers call him “grandpa.”
(Level Two Harassment)
Dealing with harassment—a critical task, but certainly not your only challenge, right? In HR, if it’s not one thing, it’s another. Like FMLA intermittent leave, overtime hassles, ADA accommodation, and then on top of that whatever the agencies and courts throw in your way.
You need a go-to resource, and our editors recommend the “everything-HR-in-one website,” HR.BLR.com. As an example of what you will find, here are some policy recommendations concerning e-mail, excerpted from a sample policy on the website:
Privacy. The director of information services can override any individual password and thus has access to all e-mail messages in order to ensure compliance with company policy. This means that employees do not have an expectation of privacy in their company e-mail or any other information stored or accessed on company computers.
E-mail review. All e-mail is subject to review by management. Your use of the e-mail system grants consent to the review of any of the messages to or from you in the system in printed form or in any other medium.
Solicitation. In line with our general non-solicitation policy, e-mail must not be used to solicit for outside business ventures, personal parties, social meetings, charities, membership in any organization, political causes, religious causes, or other matters not connected to the company’s business.
We should point out that this is just one of hundreds of sample policies on the site. (You’ll also find analysis of laws and issues, job descriptions, and complete training materials for hundreds of HR topics.)
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Who is Steve Bruce and what are his credentials?