Sexual harassment occurs all too frequently in the workplace. Many recent sexual harassment allegations that have been made have been directed at top level executives. As investigators, you understand the value of maintaining compliance, confidentiality and promptness when investigating incidents of sexual harassment. Regardless of the employee’s level in the organization, each investigation must be handled with objectivity, follow company policies and reprimand those found guilty of policy violations. Previously, we blogged about a number of sexual harassment related topics, including developing anti-sexual harassment policies, tips for preventing and detecting sexual harassment, as well as the different forms of sexual harassment against males and females in the workplace. This post will focus on addressing sexual harassment complaints and investigations into sexual harassment allegations, to ensure company policies are enforced and violators face appropriate consequences.

Handling Sexual Harassment Allegations

I came across an article in Macleans Magazine written by Anne Kingston, titled “What a Season of Sexual Harassment Suits Says About the Modern Office.” In the article, the author brings up examples from what she calls the “ongoing parade” of workplace sexual harassment claims, including recent lawsuits at HP, Novartis and Penguin Publishing in Canada. The article states:

“Of all the accusations lobbed in the workplace these days, sexual harassment remains the most fraught—and attention-grabbing. It also appears to be pandemic.

The realities of the modern workplace complicate the matter. Lines can blur—and excuses can be made—in offices that are more casual than ever before, from dress codes to collegial relationships. Social and professional lives have become so entwined that people talk of their ‘office husband’ or ‘office wife.’”

All excuses aside, when a sexual harassment allegation is received, HR departments or investigative teams must respond to the issue immediately to avoid potential lawsuits and a tarnished organizational reputation. Since it can be difficult for employees- male or female, to come forward with sexual harassment claims, provide them with a variety of sources for making complaints. In some workplaces, making a complaint directly to a supervisor may be comfortable for the employee and the claim can be made face-to-face. However, other methods, such as hotlines and intake forms on a company’s website or intranet may be a preferred method for those fearing retaliation or who are uncomfortable with the idea of approaching a supervisor.

A simple solution for managing incoming allegations and ensuring each case is assigned to an investigator is to invest in a case management or investigation system. Case management systems send automatic alerts to investigative managers or HR executives when a new case is entered into the system. Managers can manually or automatically assign cases to members of the investigative team for further review and investigation. The selected investigator will receive an e-mail, notifying them to accept ownership of the case that has been assigned to them. Once the investigator accepts ownership of the case, their manager will be sent a notification, which signals to them that the case is being dealt with.

Workplace Sexual Harassment Investigations

Sexual harassment investigations deal with very sensitive issues and must be taken seriously by any organization. One of the most important things to remember when investigating sexual harassment allegations is to maintain confidentiality to the highest degree possible and monitor for retaliation during and after the investigation. We have put together a checklist for investigators to ensure nothing is left out when conducting sexual harassment investigations.

Investigation Preparation: Before conducting investigation interviews, make sure to gather all of the facts related to the reported incident. Get the complainant to document, in writing, the events that took place and get them to include times, dates and any witnesses present. This helps prepare questions for the interview stage. If there’s any evidence- e-mails, video or audio footage, make sure it is collected right away so that it doesn’t get destroyed before it is reviewed. Determine what to do with the subject (the accused). If the complainant and the accused work in close proximity or one reports to the other, it may be best to temporarily move the subject to another area or suspend them, with pay, until a conclusion is made. Before starting the interviews, plan out where each one will occur. The workplace may not be the best place for certain interviews, therefore, select a place that’s comfortable for the interviewee. If they feel comfortable, they are more willing to divulge information, which impacts the quality of the investigation. Offsite interviews also assist in maintaining the confidentiality of those involved in the investigation. Be sure to take notes and document each step of the investigation.

Interview the Complainant: When interviewing the complainant, explain to them that confidentiality will be upheld to the greatest level possible, but in some instances, information will need to be shared with third parties in the case of a criminal act or lawsuit. Tell the complainant that the company has a zero tolerance for retaliation and should they feel they are being retaliated against, to report the issue to them immediately. Ask background questions to ease them into the investigation before moving to case specific ones. Find out the effect the sexual harassment has had on the complainant- has it impacted their ability to complete work related tasks? Increased stress levels? Depression?

Interview the Subject: Avoid jumping to conclusions and assuming the subject is guilty when interviewing them. Let the subject speak and tell their side of the story. At the beginning of the interview, state the reason for the interview, address the issue of confidentiality, review the company’s anti-retaliation policy and inform the subject that a decision has yet to be determined regarding the case.

Interview Witnesses: Be sure to interview any witnesses, as they help overcome “he said, she said” situations. Assess the credibility of each person interviewed. Determine if there are any motivating factors influencing anyone’s opinions or recollection of events. Depending on the type of alleged sexual harassment, witnesses may be difficult to find.

Investigation Conclusion and Report of Findings: Once all of the facts have been gathered and investigation interviews have been conducted, investigators must prepare a report of findings based on the investigation and take corrective action. When determining the consequences for the subject- if found guilty, it’s beneficial to know if this is the first time a complaint has been made about them. i-Sight allows cases to be linked together and can help investigators identify repeat offenders. It’s also important to distinguish between voluntary and unwelcome sexual acts, as each one has different implications on the outcome of the investigation.

For some, the work environment can be an unwelcome place. Employees who fall victim to workplace discrimination or harassment react differently- some confront the issue by discussing it with their manager, while others, in the case of last weeks feed up JetBlue employee, grab a beer, release the emergency exit and slide on out in a dramatic exit. Employees don’t always feel comfortable bringing harassment and discrimination incidents forward, as fear of retaliation and being singled out by fellow employees adds additional stress to the employee. In some workplaces, the culture and tone from management may also hinder an employee’s willingness to come forward. In many jurisdictions, employers are legally responsible for providing employees with a safe, harassment and discrimination free workplace. Employers need to know how to monitor and recognize signs of harassment and discrimination in the workplace. Recognizing the signs and symptoms of distressed employees helps to identify workplace issues and draws attention back to sections of the company code of conduct that may need to be reinforced or require additional training.

Recognizing Harassment and Discrimination

With frustrated employees making headlines at an increasing rate, employers need to pay attention and realize that discrimination, harassment and stress are growing concerns they are responsible for monitoring. Employers need to make it a point to identify issues before complaints are made. This aids in demonstrating management’s commitment to company policies and preventing workplace harassment and discrimination. Management at every level within an organization must be trained to recognize distressed employees.

Here are some tips managers can use to observe and identify workplace discrimination and harassment before complaints are made:

Communication and Engaging with Employees

Communicating regularly with employees allows managers to pick up on changes in mood and gather pieces of information that signal something isn’t right. If an employee who is normally very talkative and open in sharing information suddenly closes up, monitor the situation to ensure there isn’t anything going on in the workplace to cause the change. The employee could simply be having a bad day, however, if their actions are prolonged, it might be wise to dig a bit deeper. Engaging with employees strengthens a company’s ethical culture and improves employer-employee relationships. When open communication is encouraged- and committed to, employees tend to develop a high comfort level when it comes to discussing sensitive topics with their managers. Managers who listen well, work with employees to solve problems and take action when a complaint is made; are easier for employees to approach when they have a problem.

Monitor the Workplace

When management is visible and accessible to employees, it becomes easier for them to ask questions and raise concerns right away. Take time to walk around and observe employees while they are working. This need not be done in an intimidating manner, it’s simply to address minor issues that can be quickly identified and handled. For example, if an employee has inappropriate pictures on their desk or computer screen, don’t wait for an employee to bring the issue forward. If a manger is walking around and notices it, address it right away, reminding the employee that it violates the company’s code of conduct. Maintaining a physical presence in the workplace helps managers identify changes in morale and team dynamics, which are key signals in identifying harassment and discrimination issues.

The article “Signs of Workplace Harassment,” suggests that if an employee looks to be singled out or has stopped socializing with their usual group of co-workers, managers may want to keep an eye on the situation to see what has caused the change. Managers must be careful not to cross the line into micro-managing or breathing down their employee’s necks. A manager’s presence in the workplace should be based on interest in the tasks being completed, an interest in their employees and being available to answer employee questions.

Document and Track Employee Performance

When employees are subject to single or repeated incidents of harassment or discrimination, their productivity and engagement at work suffers, and they may also take their frustration out on members of the workplace- which in some cases, has resulted in fatalities. Keep track of employee performance to identify trends that may lead one to conclude that something is wrong. An increased number of sick days, refusal to work on projects with certain employees, disengagement in tasks and decreasing scores on performance reviews may be the effects of harassment or discrimination faced by the employee. This may not always be the case, however, it’s better to be safe than sorry.

Turnover and Resignation Reasons

The article “Signs of Workplace Harassment,” reminds managers to pay attention to the rate of employee turnover in a company. Sometimes it seems like good employees made a decision to leave a company out of the blue. Chances are, this isn’t the case and there’s something deeper causing them to leave a job they were good at and seemed to enjoy. Obviously some people leave for personal reasons or an increase in pay, but it’s important that employers use exit interviews to find out the root cause of an employee’s resignation.

An Important Note:

It’s important to remember that employees in different industries face different forms of discrimination and harassment. According to the Canadian Centre for Occupational Health and Safety:

“Certain work factors, processes, and interactions can put people at increased risk from workplace violence. Examples include:

• Working with the public.
• Handling money, valuables or prescription drugs (e.g. cashiers, pharmacists).
• Carrying out inspection or enforcement duties (e.g. government employees).
• Providing service, care, advice or education (e.g. health care staff, teachers).
• Working with unstable or volatile persons (e.g. social services, or criminal justice system employees).
• Working in premises where alcohol is served (e.g. food and beverage staff).
• Working alone, in small numbers (e.g. store clerks, real estate agents), or in isolated or low traffic areas (e.g. washrooms, storage areas, utility rooms).
• Working in community-based settings (e.g. nurses, social workers and other home visitors).
• Having a mobile workplace (e.g. taxicab).
• Working during periods of intense organizational change (e.g. strikes, downsizing).”

Employers need to take extra precautions when monitoring for harassment and discrimination against their employees in these types of work settings. Take into consideration the different risks employees face and work to address these issues with employees to ensure they feel safe at work.

In order for an organization to implement a successful ethics and compliance program, they must take into consideration the existing flow of communication within the workplace. Communication isn’t something that should only be done during times of organizational change. To reduce confusion and improve organizational performance, employees require consistent, ongoing communication. Select communication methods appropriate for specific work environments and conduct regular communications audits. Asking for feedback identifies problem areas where messages are misunderstood or not received at all. Effective communication is necessary for both internal and external audiences. This post will focus on improving internal communication amongst departments, management and employees.

Communications Audit

A communications audit is useful for detecting areas within an organization that lack information, suffer from frequent misunderstandings and identifying areas that may be subject to information overload or duplicate messages. To maintain open lines of communication within an organization, don’t wait until a severe communication issue arises to conduct a communications audit. A communications audit should be used as a precautionary procedure to prevent communication breakdowns or blockages within the company. According to HumaNext Communication Ideas, by definition, a communications audit is:

“A snapshot of an organization’s communication strategies, activities and programs. It’s an assessment of the effectiveness and credibility of current communication vehicles and media, including publications, web site, intranet, blogs, meetings, face-to-face communication, and other communication media. It uses processes such as observations, analyses and evaluations, focus groups, interviews and surveys of employees and other key audiences whose support is needed to improve communication, understanding and collaboration in the organization.”

To get the most out of a communications audit, focus on the obtaining answers to important questions that dig deep to identify the root cause of communication blunders.  In the HRMagazine.co.uk article “Engaging Employees Through Relevant Communications Will Require a Team Approach from HR, Marketing and Communications Teams,” by Andy Philpott, the author writes:

“All too often, the question asked is, ‘Did we get the communication out to staff?’, when really the questions should be:

• Did our employees consume and understand our communications?
• What feedback did we get from our employees?
• How did the interaction and feedback differ across our employee population?
• Which channels did different employees access the communication?”

Answering the above questions helps management identify organizational trends and areas that require greater attention to improve communications. Understanding the channels of communication selected by employees in various departments provides managers with insight into preferred points of contact for specific employees or groups.

Communicating With Technology

Existing technologies create endless opportunities for improving communications within organizations. There are multiple arguments for and against using technology to communicate within the workplace. However, due to time and financial constraints, technological methods for training and communication are becoming more common in the workplace. Communicating through various technology-based mediums helps address employee location issues, as some employees may work from home or are located in various parts of the world. E-mail, instant messaging, intranets, social media and other web tools make it easier for employees to remain informed regardless of their location.

 The success of technology as a communication medium depends on the target audience. If the workplace is comprised of individuals who are computer competent and spend most of their days in front of computers, wikis, blogs, intranets and other methods of communication may be the easiest way to maintain an informed workplace. At Cisco Systems, they implemented an ethics training program using a series of interactive videos placed on the company’s intranet. Almost all of the employees at Cisco Systems have access to a computer, therefore, communicating through the company intranet was an easier way to reach such a large number of people requiring similar types of training.

In the SHRM article, “Workplace Communication Series Part III: Communication and Technology,” they discuss the use of multiple types of social media and virtual teams to increase employee interaction and collaboration. In regards to social media, the article discusses a number of effective ways to integrate social media into an effective communication plan:

“Organizations can make use of social media in a variety of ways. Departments can hold brainstorming sessions or maintain ongoing conversations with questions and answers on a blog; teams can use wikis to manage projects, share best practices and research case studies; the CEO can keep a blog or a podcast; companies can use RSS feeds to “push” news to employees whenever they come out. Company intranets are often very useful for employees as central hubs of information about the organization.”

Regarding virtual teams, the SHRM article, “Workplace Communication Series Part III: Communication and Technology,” stated:

“This study looked at an organization that made the change from a traditional (face-to-face) office setting to one with both traditional and virtual employees. The purpose of the research was to compare levels of communication satisfaction of traditional and virtual office workers a year after the change was implemented. Surprisingly, findings showed virtual employees experienced higher levels of communication satisfaction than traditional workers on all factors, including personal feedback, relationship with supervisors and horizontal and informal communication. Researchers propose the positive results may be due to the company’s effective implementation of the virtual workplace. The organization provided virtual employees with appropriate technology, training and support. To reduce the alienation of virtual employees, the company established regular formal communications and informal virtual meeting places. The study suggests virtual environments can be very successful, as long as they are properly implemented and supported by the organization.”

The efforts of employees at all levels of an organization contribute to the success of workplace diversity training. Everyone is diverse, whether it’s based on skill set, skin colour, religion, experiences- we are all different from one another in some way. Unfortunately, in some workplaces, stereotypes continue to hold precedence over the positive value diversity adds to a workplace. In order to reduce, and hopefully eliminate discriminatory actions from the workplace, effective diversity training is required. Train employees to respect the differences of not only their fellow employees, but the customers and clients they serve. Diversity training is becoming a focal point for many companies, as organizational leaders strive to create a workforce reflective of the communities they operate in.

Diversity Training Tips

Significant company resources are committed to employee training. In order to reap the benefits of diversity training, HR personnel and other organizational leaders must carefully plan out the training process. Planning ahead provides HR personnel with the ability to analyze current situations within the workplace, identify issues that require improvement and build training programs around the specified areas. It’s important to keep in mind that training should be used to shape and guide employee behaviour in the workplace, not necessarily to change their opinions or personal beliefs. An article I came across published in USA Today titled “Ten Tips for Fostering Diversity in Your Organization,” suggests:

“A productive diversity-training session focuses on real world methods of working effectively in a diverse environment and appeals to the participant’s sense of professionalism or self interest, not guilt.”

The following 5 training tips can be used to help increase the effectiveness of diversity training programs:

1. Diversify Training Methods

In keeping with the spirit of diversity, include a mix of training methods in the diversity training program. Employees have different learning patterns. Some people learn better through role play and practical examples, whereas some take in information better when they are required to read and answer questions. Another benefit to mixing up training methods is that it makes training seem less like, well, training.

2. Frequency of Training

As with any training program, diversity training should be ongoing. Break training down into smaller sessions to allow for better digestion of information. Some forms of training will require lengthy time commitments due to the nature of the event, such as team building exercises, retreats and diversity training excursions. Whenever possible, conduct training sessions in smaller groups and tackle one issue at a time. Sometimes it’s recommended to keep instructional training sessions to an hour in length to avoid information overload, the same goes for web based training modules. Ongoing diversity training must be built into an organization’s corporate culture to ensure change occurs throughout the entire organization.

3. Team Building Exercises

Team building exercises are an excellent tool for diversity training, as individuals must work together to develop skills through problem solving. Team building is also a good way for employees in various roles and levels within an organization to interact with one another. As mentioned above, in order for a diversity training program to work, training should focus on working together effectively, rather than pointing out the obvious differences between employees in the workplace. Team building exercises increase the effectiveness of training, as the issues portrayed focus on overcoming real life situations that are encountered daily within a particular company.

4. Train Everyone

Make diversity training mandatory for every employee within the organization- even those at the top. A major workplace diversity issue is the continuing lack of diversity amongst those who hold managerial and high level executive positions within some organizations. Diversity training, along with all other forms of training in an organization, must be offered to everyone. In the USA Today article “Ten Tips for Fostering Diversity in Your Organization,” the author, Jane Howard-Martin, writes:

“A common complaint among disgruntled workers is that capable employees do not have a chance to become qualified for advancement because training was only available to a select few. To ensure all employees have an opportunity to advance as far as their talents take them, make training available on a broad scale.”

5. Avoid Training as a Punishment

Sometimes diversity training can come off as being one sided. Avoid using examples or speaking in a way that targets a specific group within the organization. In order for employers to get their message across, diversity training should be conducted when employees enter an organization and on a regular basis. When diversity training is an ongoing process, it won’t seem like a specific event prompted the need for training.

The SHRM article “Diversity Training Shouldn’t Be Punishment ,” reinforces the fact that diversity training should be used as a prevention tool and not as a reaction to an event:

“‘When I think of diversity training as punishment I think of it as a situation when the whole team has to go when they all know it’s really because of one person,’ says Leslie Aguilar, author of Ouch! That Stereotype Hurts and founder of International Training and Development, LLC, in Orlando, Fla. Employers can anticipate such a reaction and explain the need for the training, Aguilar says, by saying something like: ‘We are having the training because it’s our commitment to have an environment that is respectful and inclusive of everyone and we want to make sure everyone has the skills to make it happen.’”

Everything from “locker room” style conversations to physical sexual advances can be considered workplace sexual harassment. Determining the boundaries of the “fine line” between what is and what isn’t considered sexual harassment can become a nightmare for HR departments and those responsible for creating workplace policies. To make things even more challenging, the stereotypical male-on-female sexual harassment is no longer a company’s only concern. As mentioned in our post “Sexual Harassment Against Men in the Workplace,” male-on-male and female-on-male sexual harassment is a growing concern in the workplace.

With more men speaking out than ever before, employers need to create policies that clearly define sexual harassment and provide training to all employees. Employers need to make it clear that any form of sexual harassment from either gender will be taken seriously, dealt with in the same manner and is strictly prohibited in the workplace.

Types of Harassment

The harassment men face in the workplace can present itself in forms different from those faced by women. Although men may face physical force from females or other males in the workplace, the most confusing area of male on male sexual harassment is related to “locker room humor.”

In the MSNNBC article, “Male Sexual Harassment is Not a Joke,” by Eve Tahmincioglu, she writes about some of the stereotypical responses given when men speak about sexual harassment, such as in the case below:

 ”Thomas, who works in academia but didn’t want his full name used, found himself in an office made up of mainly women who would routinely share and copy each other emailed jokes and emails about men. A few, he adds, ‘made fun of men’s unique anatomy, if you know what I mean.’ The behavior, he says, made him feel isolated. When he finally addressed the matter with the women in the office, ‘the women were stunned, generally with a ‘You’ve got to be kidding,’ kind of attitude. And they kept doing it’.”

Unfortunately, this response is all too frequent when it comes to men speaking up about situations that make them uncomfortable. Although this example isn’t exactly a form of sexual harassment, it depicts the very reality of some people’s opinions surrounding sexual harassment targeted at men.

According to the EEOC:

“Sexual conduct becomes unlawful only when it is unwelcome. The challenged conduct must be unwelcome in the sense that the employee did not solicit or incite it, and in the sense that the employee regarded the conduct as undesirable or offensive. When confronted with conflicting evidence as to welcomeness, the Commission looks at the record as a whole and at the totality of circumstances evaluating each situation on a case-by-case basis.”

This definition from the EEOC helps determine the barriers for “crossing the line” when it comes to actions that could potentially be considered sexual harassment. The fact that claims are handled on a case by case basis is extremely important, as the circumstances vary depending on the involved parties and their relationship to each other. The EEOC provides the public with guidance and examples of situations involving sexual harassment. An interesting example they bring forward, that I have slightly added to, is the fact that in some cases:

“The courts and the Commission have considered whether the complainant welcomed sexual conduct by acting in a sexually aggressive manner, using sexually-oriented language, or soliciting the sexual conduct. If the plaintiff regularly uses vulgar language, initiates sexually-oriented conversations with her (or his) co-workers, asks male (or female) employees about their marital sex lives and whether they engaged in extramarital affairs and discussed their own sexual encounters. In rejecting the plaintiff’s claim of ‘hostile environment’ harassment, the court found that any propositions or sexual remarks by co-workers were prompted by their own sexual aggressiveness and sexually- explicit conversations.”

Example from a Company Policy

It’s important that harassment towards both males and females is addressed in company policies. When preparing or updating policies, take into consideration the different forms of sexual harassment- as you can see from the examples above, sexual harassment spans much further than sexual advances and inappropriate gestures. Provide examples of each type of sexual harassment to help employees understand what is and isn’t acceptable behaviour.

Here is an example of an anti-harassment policy that can be found in the Tyco Guide to Ethical Conduct, available on the company’s corporate website:

“All of us have the right to work in a harassment-free environment. The company regards harassment as any behavior that may demean, intimidate or offend an individual. To promote a positive workplace, we must avoid the following behaviors:

• Unwelcome conduct – whether verbal, physical or visual, and whether committed in person or some other way (e.g., via e-mail) – that is based on a person’s protected status. Protected status includes, but is not limited to, race, color, religion, gender, age, national origin, disability, sexual orientation, genetic information and veteran status
• Racial, ethnic, religious, or sexual jokes
• Bullying, abusive language, physical aggression, intimidating or violent behavior, or disparaging comments
• Sexual advances or requests for sexual favors
• Any other actions that unreasonably disrupt or interfere with an employee’s work performance

Our Harassment-Free Workplace policy applies to all Tyco employees and contractors, plus anyone who does business with Tyco, including business partners, customers and suppliers. This policy also applies to work-related settings and activities outside of the workplace.”

The policy at Tyco makes it clear that anyone involved in Tyco operations is held accountable for upholding the policy created by the company. By doing this, Tyco had broadened their policy to address sexual harassment of all types and from both genders.

Sexual harassment in the workplace has continued to attract a lot of attention lately- and not for the reasons some may think. Sexual harassment towards males has been on the rise, and in the past year, a record number of sexual harassment reports have been made by men. This trend poses some new challenges for employers, as the types of harassment males face can differ from those faced by females. It’s important for employers to reevaluate company policies pertaining to sexual harassment to ensure they mitigate the risks surrounding any harassment that may be encountered by both male and female employees.

Some fail to respect the seriousness of male on male or female on male harassment in the workplace, however, it’s just as traumatic for men to deal with as it is for women.

Reasons for the Rise

There have been numerous ideas surrounding the reasons behind the increase in workplace sexual harassment towards males. According to the US Equal Employment Opportunity Commission (EEOC),  in 2009, 16% of the 12 696 sexual harassment incidents reported came from males. This is the largest number of sexual harassment related reports ever received by the EEOC from males. It remains unclear as to whether or not these numbers paint a clear picture of the reality of male sexual harassment in the workplace. Many feel that the number of cases reported to the EEOC is only a fraction of the actual number of incidents involving workplace sexual harassment towards males.  Others suggest that male sexual harassment may not be increasing in the workplace, claiming it’s simply a matter of males becoming comfortable in bringing these issues forward. Either way, many companies still lack the proper controls to deal with male on male or female on male sexual harassment in the workplace.

According to some experts, the recession is to blame for the increasing number of male sexual harassment claims. The HR Management article “Male Sexual Harassment Claims on the Rise,” reports:

“The recession has had more of a negative impact on men than women. From September 2008 to January 2010, 4.4 million American men lost their jobs, compared to just 2.3 million women, according to the Bureau of Labor Statistics figures. It has also been noted that the share of male sexual harassment claims rose more in the US, which had higher than average unemployment rates.

Greg Grant, an attorney with Shulman Rogers in Washington DC, believes that in the past, men would be more inclined to quit their job and find a new one if they were experiencing sexual harassment. Within the current economic climate, however, they are more likely to turn to the legal system. After all, points out Mr. Grant, these men still need to ‘pay the bills and support families’.”

Recommendations for Employers

Employers are responsible for providing their employees with a safe workplace, free of harassment- regardless of their gender. In order to address the issue of sexual harassment faced by males in the workplace, the article “When Men Are Harassed,” published by Workforce Management and written by Ron Chapman Jr., recommends that employers complete the following:

1.      Policy Revision- Policies must remain current to the risks faced by an organization. Many policies only provide examples of  male on female harassment. Elaborate on existing policies to include definitions and examples of male on male or female on male sexual harassment. This helps to communicate the message that all forms of sexual harassment are prohibited. The Workforce Management article also suggests that employers, “consider tightening restrictions on horseplay and other locker-room behavior in the workplace. Employees must understand the line between good-natured joking and unacceptable harassing behavior, as well as the consequences—sometimes severe—for crossing that line.”

2.      Employee Training- Employers must provide employees with training related to male sexual harassment, as many employees have a difficult time understanding what types of behaviours are considered as ”crossing the line”. The Workforce Management article suggests that “well-trained employees will not only avoid such conduct, but are also more likely to recognize and report it when they see it happening around them.”

3.      Reporting Systems- Employers must find new ways to encourage all employees to report instances involving sexual harassment. Both men and women tend to hesitate when it comes to reporting harassment, however, for men, reporting an act of sexual harassment can be difficult as they worry about the opinions of other men in the workplace. The Workforce Management article suggests that men “may be reluctant to come forward based on their fear of being labeled feminine, homosexual or oversensitive.” Whereas women usually tend to fear retaliation or physical violence for reporting sexual harassment.

Author:  Jason Victor | i-Sight Director of Solutions & Support| Jason is one the original developers of the i-Sight solution and now leads the i-Sight IT & Support groups. He’s been involved in over 150 i-Sight implementations including global implementations at Dell, Coca-Cola, AllState, Siemens, DSGi and many others.

Ensuring Compliance in a Decentralized Org. Structure

Companies operating globally face a growing number of employee relations and compliance related challenges. The most important challenge is their ability to adapt to local laws and cultures, while ensuring company-wide adherence to standards developed at head office.  In order to operate on a global scale, many organizations have employed a decentralized structure.  Although this is an effective strategy for enabling rapid decision making and customization of product & service offerings, it presents a significant challenge for compliance and HR professionals.   More specifically, we’ve seen many clients empower their local HR teams to investigate employee complaints or reports of misconduct.  This is a great approach, however I believe there needs to be centralized oversight for two major reasons:

1) Identifying Repeat Offenders: As employees move from one position to another, they will often move to an entirely different organization – within the organization.  If an incident is only reported to the regional HR group, there’s no way to communicate an employees history to the other regions.  I was recently speaking to a client who told me of an employee who was moved around 5 times in as many years.  In each new job, this employee’s misconduct was reported to the regional HR group for investigation.  Disciplinary action was taken in each case.  The problem however; is that there was no coherent record of their misconduct.  The disciplinary action should’ve been increasingly severe with each infraction; however, it wasn’t possible due to the lack of case history.  If taken to court, this would be a difficult pattern of misconduct to defend and the organization’s inability to discover the pattern could be seen as negligent.

2) Identifying Potential Corrective Measures: Centralizing misconduct reports and investigations enables a global examination of trends that’s not otherwise possible.  When each region acts as an island, it’s impossible to identify global trends or take advantage of “serendipitous” discoveries.  Most of our clients report at both a regional and global level.  A key reason to centralize employee relations data is unintended pattern discovery.  Using advanced analytics across the entire data set enables executives to identify global trends and take appropriate corrective measures.  This may lead to re-writing of policy or providing enhanced training in certain areas.

Social Media and the Viral Impact

Thanks to the Internet and social media, a local workplace incident in one corner of the globe can very quickly become a public relations nightmare back home.  Consumers expect that companies operating globally are doing so in a manner that’s consistent with the values they represent at home.  There’s no excuse for failing to remain up-to-date on global laws and cultural norms.  Although a company may have a viable defense in a court of law, the court of public opinion operates under a different set of rules, and the power of this court has become equally powerful.  Although consumers may not issue fines or directly infringe on a company’s autonomy, they can seriously impact the value of the company.

HR departments must provide a timely response to every allegation.  We often address these issues with our clients in a couple ways:

1) Record Every Allegation: Have local HR teams enter every complaint or report of misconduct – regardless of the perceived credibility.  Even if every report isn’t investigated, the data will help form the global view we are looking for.

2) Categorize Risk Potential: Every allegation should be assessed for risk.  This doesn’t have to be overly scientific, but certainly a simple dollar value or category selection (high, medium, low) enables executives further up the chain of command to easily maintain visibility over high priority investigations.

3) Use Workflow Alerts: When a new case is entered in i-Sight, notifications are sent to the appropriate levels and information is now available, and current, for those who need it.   i-Sight uses automated workflow alerts that are triggered based on a combination of case related factors – including geographic region, allegation type and risk potential.  Alerts can also be used when milestones, regulatory or otherwise, are not met.  This helps bring attention back to the investigation.

All of the recommendations above need to be done while maintaining privacy and clearly documenting each stage of the resolution process.  Documentation must be completed to meet court requirements, should the case end up in front of a judge.

Power of Collaboration

Homegrown systems that rely on spreadsheets, MS Word documents and emails just don’t cut it.  I’ve had the pleasure of witnessing first hand the power of collaboration.  Although the Internet has raised the stakes by giving consumers a louder voice and a platform for rapidly sharing news about corporate malfeasance, it has also added to the arsenal of tools available to investigative teams.  By centralizing information in an electronic case file that’s available 24 / 7 to any authorized user within the organization, investigators are able to collaborate with their peers & managers to more readily obtain invaluable advice.

In this shared environment, security needs to be robust and granular enough to maintain privacy.

Conforming with Global Privacy Laws & Regulations

This topic deserves a post of its own, but here’s an overview from the Rutgers Journal of Law & Urban Policy entitled “Binding Corporate Rules for Cross-Border Data Transfer”.  This was published in 2006, and I’ll try and find an updated version when I write about this topic more specifically.   In brief however, there must be safeguards in place to ensure the treatment of personal customer or employee information is consistent with the laws of each country or region.

Real Time Reporting Across the Entire Organization

Finally, when all is said and done, executives and managers require access to aggregated information in order to identify trends and take appropriate actions. To meet the needs of today’s executives, spreadsheets, standalone databases and emails introduce an unacceptable lag in reporting.  Information needs to be recorded in a consistent manner across the entire organization to enable effective decision making.

Diversity allows companies to better understand the needs of its consumers, helping modify and create products to suit a variety of tastes. To properly manage diversity, companies need to focus on creating inclusive cultures. Building an inclusive culture takes time. Once achieved, inclusive cultures help companies handle future conflict and respond to changes in the work environment.

Defining Inclusion

The blog post “Defining Diversity and Inclusion,” defines inclusion as:

“Allowing companies to quiet cultural discord. Inclusion is a set of policies, procedures, programs, set of norms, and actions that create an environment where the people who make up this diversity are able to use their difference to a company’s benefit, not to its detriment.”

Inclusion is a component of a company’s culture. This allows companies to attract a wider range of qualified employees, as today’s job seekers increasingly base employment decisions on a company’s culture and reputation. The article “The Ethics of Inclusion: Three Common Delusions,” sheds light on the real challenge of inclusion, stating it’s to find common cause for important work. This can’t be done effectively if employees isolate themselves from each another based on differences such as race, culture, nationality, gender, ability, and personality. Inclusion doesn’t mean an employee has to like everyone they work with, but they must still respect the opinions of fellow employees.

Steps Toward Inclusion

Developing an inclusive culture requires effort from every member within an organization. Here are examples of tactics used by industry leaders to develop inclusive cultures in their workplaces:

Inclusion Statement

Make it official. Place inclusion statements in company policies and websites.  Employees are required to review company policies and are given training on its components. Therefore, incorporating inclusion into policies ensures the matter is addressed and understood by everyone. Here is an example of the diversity and inclusion statement developed at Coca-Cola Enterprises:

“Attracting, developing and retaining a highly talented and diverse workforce is one of our three strategic business priorities. To achieve this, we are committed to creating an inclusive culture – one that welcomes, values, and celebrates a workforce comprising employees of different ages, ethnicities, races, cultures, genders and sexual orientations.”

Establish Employee Networks

In our post “Labor Relations Tone Set at the Top: Campbell Soup Co.,” we discussed the use of employee networks at Campbell’s. The company has established 7 networks:

• Campbell African American Network
• Asian Network of Campbell
• Hispanic Network de Campbell
• Our Pride Employee Network
• The Bridge
• Women of Campbell
• Global American Indian/Aboriginal Network

Employee networks are excellent tools to foster inclusion in the workplace. Any employee can become a member of each group, allowing them to develop a stronger understanding of the challenges other employees encounter. Networks add more to an employee’s work experience, fostering communication and relationship building. The information shared in these groups assists management in addressing issues and removing barriers to an inclusive workplace.

Customized Training

Diversity training needs to be mandatory for employees at every organizational level. Carefully develop a training plan, tailoring it to the audience. In order for training to effectively engage employees, include a variety of training methods- role play, classroom-style, Q & A and web-based learning.  Instead of conducting training once or twice a year for days at a time, hold sessions more often. Also, break training sessions up into shorter sessions. These tips help employees avoid information overload and keeps the information fresh in their minds.

Tone From the Top

Culture is established at the top. In the article “What Does it Take to Create an Inclusive Workplace?,” Paul Hogendoorn, President of OES Inc. located in the UK, discusses two of the ways he sets the tone from the top to encourage an inclusive culture:

“When I make the rounds in the morning, I often say good morning in ten different languages. Of course ‘good morning’ is just about the extent of what I am able to say in many of those languages, but it does put a few smiles on faces. Sometimes it takes intentionally role-modeling examples to illustrate the point that no one person is above any specific task, including myself. Although specific roles may have different values in an organization, as individuals, we are still equal.”

Hogendoorn proves a little bit goes a long way. When top level executives emulate the corporate culture, it’s easier for employees to follow and commit to adopting the culture themselves.

Campbell Soup Co. has undergone significant changes since 2001, when Doug Conant was named CEO. On their corporate website, Conant attributes the successful transformation of the company to its employees, stating ”we’re performing at a higher level and are more innovative and more self-governed because our employees believe that each individual can make a difference to Campbell’s success.”  Campbell’s has received numerous awards recognizing the company’s commitment to their employees. The awards highlight Campbell’s as a great place to work, supporting the employment of lesbian, gay, bisexual and transgender (LGBT) individuals, committing to corporate social responsibility and ethics, the advancement of women and promoting healthy lifestyles amongst employees and members of the public. Conant’s leadership has set the tone for the future of Campbell’s, celebrating the contributions of its employees along the way.

Best Practices: Tone at the Top

Upon arrival at Campbell’s, Conant had a long list of goals he wanted the company to achieve by 2011. With the help of employees and a strong corporate culture, Conant set the tone at the top, resulting in the achievement of company goals. In reviews from Glassdoor.com, employees at Campbell’s have praised company CEO Doug Conant for being a great leader, stating he lives the values of the company, is respectful of everyone in the workplace and knows what needs to be done to create a diverse, engaging workplace. In the Businessweek article “Lighting A Fire Under Campbell,” Harvey Golub, Campbell’s chairman and the former head of American Express stated, “He’s (Conant) an extraordinary leader who behaves with the utmost integrity. People follow him and believe in him.” Conant’s ability to act consistently with company values adds credibility to corporate initiatives and policies. When top executives practice what they preach, employees are more inclined to work towards achieving company goals and bring forward new product ideas.

At Campbell’s, they are committed to “nourishing people’s lives everywhere, every day.” Conant understands the impact of employee recognition and takes time each day to personally commend employees for their efforts.  In the article “Lighting A Fire Under Campbell,” Businessweek reports:

“In his time at Campbell, Conant has sent out more than 16,000 handwritten thank-you notes to staffers, from the chief investment officer to the receptionist at headquarters–notes often found hanging in people’s offices or above their desks. ‘[In business] we’re trained to find things that are wrong, but I try to celebrate what’s right,’ says Conant.”

Best Practices: Employee Relations

The development of employee engagement programs and support groups at Campbell’s has redefined the relationship between employees at Campbell’s. Winning in the Workplace, Winning in the Marketplace, Winning with Women, is an initiative geared towards increasing the presence of women in managerial, executive and manufacturing roles. In 2010, Campbell’s received a Catalyst Diversity & Inclusion award for this program, demonstrating a commitment to the advancement of women in the workplace.

Campbell’s Lifestyle Change Awards is a program established to recognize the achievements of employees who have made commitments to adopt healthier lifestyles. Examples of the types of lifestyle changes made have been developing healthy eating habits, participating in physical activity, weight management, reducing blood pressure and stress levels and quitting smoking. Campbell’s also developed a series of annual awards presented to employees and teams at the company’s Extraordinary Performance Awards gala.

Campbell’s has created a variety of employee networks to help provide support for employees and encourage workplace diversity and inclusion:

• Campbell African American Network
• Asian Network of Campbell
• Hispanic Network de Campbell
• Our Pride Employee Network
• The Bridge
• Women of Campbell
• Global American Indian/Aboriginal Network

These support groups allow employees to come together and discuss challenges they face at work. Group discussions assist employees in understanding and relating to each other, creating an inclusive culture at Campbell’s.

Although Campbell’s has received numerous awards for improvements in employee engagement, innovation, employee diversity and inclusion, Conant repeatedly states that there is still room for the company to progress- always room to be better.

In 2009, the US Equal Employment Opportunity Commission (EEOC) received 93,277 workplace discrimination related charges- the second largest number of complaints they have received in their history. Employers are responsible for developing inclusive workplace policies to remove barriers and promote a positive, supportive work environment. There has been a shift in the way management handles employee complaints related to discrimination, as today, many employers encourage their employees to report observed misconduct, helping improve management’s ability to become better informed of conflicts at each level of the workplace.

A company’s anti-discrimination policy requires proper support from management, as well as a thorough understanding from company employees in order to successfully deter workplace discrimination.

What Makes For a Standout Anti-Discrimination Policy?

In order for an anti-discrimination policy to be effective, the policy needs to be enforced by managers at all levels. Employees need to take the policies seriously– understanding they will face consequences for policy violations and that there are mechanisms in place that will catch them. Policies and reporting tools are used to reduce risks in the workplace, while also reducing any opportunities for employees to get away with misconduct without facing the appropriate consequences.

Policy Statement

Establishing a policy statement defines the purpose of the anti-discrimination policy. At Vodafone, they have developed their “Employee Rights Policy,” as well as this equal opportunity and diversity statement:

“We believe employee diversity is an asset to our business. Men and women of various ages from different backgrounds and cultures, with a range of different experiences, help us understand and serve our customers around the world.

Vodafone aims to create a working culture that respects the value of differences among colleagues and encourages individuals to contribute their best within an environment that is inclusive, open, flexible and fair. We will not tolerate discrimination or unfair treatment on any grounds. Employees must act with integrity and respect for their colleagues and customers. We are committed to helping talented people from diverse backgrounds meet their potential at all levels of the company.”

Vodafone’s statement is easy to understand, demonstrates the company’s goals for inclusion and diversity and states the company’s position regarding the intolerance of discrimination. Communicating zero tolerance for acts prohibited by law and deemed inappropriate in the workplace demonstrates the commitment of the company to go above and beyond the law to create a safe workplace for all.

Definitions and Examples of Discrimination

Since discrimination comes in many forms, employees need to understand what the different forms of discrimination are and why they are unacceptable. Include definitions of ability, age, sexual, pregnancy, racial, gender, religious, ethnic, equal pay and other group classifications protected under the law. Sources to turn to for definitions and legal obligations include the US Equal Employment Opportunity Commission, United Nations Human Rights and state and federal laws pertaining to workplace discrimination.

The article “Loaded questions, firing Baby-Boomers, and banning hats in the office: How to protect against discrimination suits with a comprehensive EEO policy” suggests:

“Clearly define which groups are protected from discrimination, and keep in mind state and federal civil rights laws when doing so. Provide examples of the types of employment decisions that are made without regard to one’s protected characteristics. These include decisions relating to selection, job assignment, compensation, discipline, termination, and access to benefits and training.”

Providing examples, as well as answers to frequently asked questions related to discrimination, should be included in the anti-discrimination policy to assist employees in developing a stronger understanding of unwelcome acts in the workplace. For example, in the Thomson Reuters “Code of Business Conduct and Ethics,” they have included situational workplace examples of discrimination, as well as answers to the following questions in their company policies to help create a better understanding of what is expected of Thomson Reuters employees:

“Q: I usually meet one of our suppliers every few months to discuss our upcoming requirements. One salesperson in particular regularly jokes around a lot and often tells me how sexy he thinks that I look. I don’t find this welcome. Can I do anything about this?

A: Thomson Reuters prohibits harassment and discrimination by our employees, as well as by individuals with whom we have a business relationship. If you find the conduct of a supplier’s salesperson offensive, you should tell the salesperson that you feel this way, if you are comfortable doing so. If you do not feel comfortable doing this, or if he fails to listen to you, you should tell your manager or Human Resources representative of your concerns so we can take steps to address your concerns.

Q: I am planning to promote one of two employees. One is a man, and the other is a woman who has been talking in the office from time to time about her plans to eventually start a family. Can I promote the man if I think the woman is likely to have children soon and might leave Thomson Reuters?

A: No, this would be a violation of our policy. In the United States, for example, a promotion based on these facts would also violate applicable laws.”

Consequences and Anti-Retaliation

Clearly list and define the process for administering reprimands to employees found guilty of violating anti-discrimination policies. Outline the order and types of warnings given to employees and provide them with examples of actions that lead to each of the consequences. In some instances, a first time offender may commit a significant act that requires greater reprimand than the one outlined for the “first warning”, therefore, it’s also wise to mention this possibility in the policy. The consequences for discriminatory acts in each company should include a level of severity, as discrimination violates basic human rights. In the article “Loaded questions, firing Baby-Boomers, and banning hats in the office: How to protect against discrimination suits with a comprehensive EEO policy,” they state the reasoning behind included an anti-retaliation statement:

“Employees should know that they are protected from retaliation. As such, it’s important to clearly state that no employee will be discriminated against, or discharged, for bringing about a complaint of discrimination or for assisting in an investigation into discriminatory practices.”

Incident Reporting

Employees need to be provided with contact information and a step-by-step process for properly reporting observed discrimination. On either the first or last page of the anti-discrimination policy, include the corporate reporting structure and contact information for the key individuals in the HR department, a Chief compliance Officer, the Ethics and Compliance Department or an Ombudsman- if present. At General Mills, they have established a third party Ethics Line, that’s available 24 hours a day to take calls. The use of an independent reporting service allows callers to decide whether or not they want to remain anonymous when reporting and issue.

Another incident reporting tool that companies have been using is ethics and compliance pages on the company website or intranet. On these pages, there are intake forms where concerned individuals can fill in then submit the form online to communicate their issue. It’s best to provide employees with a variety of methods for reporting issues involving discrimination, as each of these options are built to suit the level of comfort employees have with reporting misconduct. In order for a reporting tool to be effective, employees need to be made aware of the tools, how to use them and how they will remain protected from retaliation for using them.