Facing up to harassment

Bullies, abusers a bigger problem than some admit

More than 20 years after harassment was officially recognized as a human rights violation, it is still prevalent in some organizations. Why? In those companies HR and management have not been doing their jobs.

Some level of harassment will probably always occur in the workplace. Some people will be arrogant and feel important enough to do as they please. Some will abuse power. Bullies will intimidate colleagues and managers. But why are HR and management sometimes reluctant to step up to the plate and do the right thing?

Sometimes HR executives think anti-harassment initiatives won’t be popular with the CEO. The truth is, once anti-harassment efforts prove successful, HR will get the kudos.

In some companies it’s accepted that certain departments have a culture of harassment. The shop-talk in certain environments can, frankly, be crude. Harassers’ excuses are tolerated.

In one company, things were so bad that a male executive said he didn’t even like to go into the department. He said that they hired “perfectly nice young people with good education” and in six months turned them into people who behaved in ways that were otherwise uncharacteristic of them. He blamed poor role modelling at the senior level in the department, and the fact that other leaders didn’t call the department to heel.

In some firms, harassers are tolerated because money talks. Rainmakers are accepted as being above the law.

Some CEOs do not place a high priority on the issue. The HR executive is not about to fall on her sword to enforce a policy the CEO doesn’t back.

But is it smart — or good business — to overlook harassment for any reason? Absolutely not. Research shows that harassment results in poor job performance, lowered self-esteem, depression and anxiety, as well as employees refusing promotions or job assignments and quitting their jobs. As the Conference Board of Canada pointed out in a 2001 study, fully 48 per cent of women executives cited an inhospitable work environment as a reason for leaving a job, and everyone knows the high cost of turnover.

Then there’s the comeuppance for the HR manager the day the reluctant CEO or a senior manager gets a complaint. He won’t remember that he didn’t want HR to spend time and effort on the issue. Especially when he finds out he could be personally liable.

So, what steps can be taken by the HR executive to immunize the organization and herself, or at least to minimize liability?

Identify the risks: Ask the HR team to identify the departments and individuals who should be giving you sleepless nights. Conduct interviews and focus groups using an experienced external consultant. Employees will likely be much more candid with outsiders.

Get support: Clue in the executive team to the potential risks and educate them about why it’s important to take action. Remind them that the day after Texaco was hit with a major lawsuit, its stock took a 15 per cent dive.

Work individually with executives and managers in the high-risk areas: No one knows why they haven’t taken effective action or asked for help. Don’t assume it’s due to a lack of concern. Maybe they think the problem is intractable or maybe they just don’t know where to start. Maybe they don’t want anyone to know they have a problem in their area. These managers may need individual coaching and awareness training to be the role models they need to be.

Develop a visible and trusted HR team: Companies that have done a good job of instilling respect in the workplace inevitably have an HR team that is highly visible, approachable, well-liked and trusted.

Do away with immunity for rogue departments or individuals: Firms wouldn’t think of overlooking those who don’t take health and safety laws and policies to heart, or who engage in expense account violations. The same should be true for harassment.

Develop a training strategy and tailored programs: The HR team and managers need to know how to counsel employees — both the harassers and the victims. HR also needs to know how to investigate cases. The legal team needs to understand the issue. Employees need to know how to take action themselves and to understand what is appropriate and what is not.

It’s usually best to approach harassment education and training as part of the company’s values and ethics. Even the terminology is important. A training program could be entitled “Respect in the workplace,” rather than “Anti-harassment.” The one exception to taking a positive approach is when there is an individual or group that is arrogant and maverick. In these cases, “throwing the book at them” can be appropriate.

Get high quality legal advice: There are good lawyers with expertise in this area. However, there are also shocking examples of poor advice. One company was told not to fire an individual for physical sexual harassment because the person who reported the problem did not want to make a formal complaint. Would a company overlook witnessed theft because there was no formal complaint? I doubt it. In another situation, an in-house lawyer told a client to not even bother defending against an external complaint to the human rights commission because “a company can never win.” This is simply nonsense.

Get unions on board: No company can achieve a workplace free of harassment without the active support of its unions. Unions, like employers, have a vested interest in the well-being of members, because unions can also be found liable for harassment and human rights violations.

Make the punishment fit the crime: One company automatically suspends and sends home any employee facing a complaint, no matter how minor. This is ridiculous. It gives a message to employees that they may not get a fair hearing. Of course it’s appropriate to send someone home if a threat is posed and security has been called.

Companies more commonly under-react. In some cases warranting serious intervention, harassers have gotten a verbal reprimand. In other cases, employees being terminated for serious harassment got large settlements or, in one case, had a mortgage paid off because the company felt sorry for the individual’s family. This is simply not smart. It creates a poor precedent and gives the message that being a harasser has its rewards.

Include an anti-harassment statement in orientation materials: This encourages employees to be on board from the start. Also, advise third parties of the policy.

Let employees know complaints are received and resolved: Confidentiality is always an issue. However, high-level information can and should be communicated — such as the number of situations that have been identified and resolved and what the range of penalties has been. This will reassure employees that the company does take action.

Consider giving more candid reference checks: Lawyers probably won’t agree, because quite rightly they worry about defamation suits. However, if someone has been terminated for harassment he’s done something pretty bad. Under these circumstances is it really ethical not to say why he was terminated? Always act with the advice of expert legal counsel, but if there’s strong evidence, why knowingly foist a problem on someone else?

There is one company that requires harassers being let go to sign an acknowledgement that they are aware that the company will give a truthful reference if asked. Another simply takes the position of giving candid references and accepts the risk.

The companies that get the most commitment from people are those in which the HR team and other leaders face up to the tough issues. They get respect and they get performance. How do you, your HR team and your company’s leadership stack up?

Lynne Sullivan is president of Lynne Sullivan & Associates Inc., a Toronto-based human resource consulting firm specializing in diversity and employment equity. She can be reached at (416) 306-2243 or [email protected].

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