Sexual Harassment Is Still a Management Issue by Barbara Orser Gender Diversity Tool Kit Resource No. 1 About The Conference Board of Canada The Conference Board of Canada is an independent, not-for-profit research organization with affiliates in the United States and Europe. Our mission is to help our members anticipate and respond to the increasingly changing global economy. We do this through the development and exchange of knowledge about organizational strategies and practices, emerging economic and social trends and key public policy issues. Since 1954, the Board has been committed to researching innovative practices, designing new strategies and providing our members with the most up-to-date information, analysis and expertise to help them excel in Canada and around the world. About The Centre of Excellence for Women’s Advancement The Centre of Excellence for Women’s Advancement, a unit within the Conference Board’s Centre for Management Effectiveness, carries out applied research on specific key questions relating to the retention, development and advancement of women in Canadian organizations. Based on the research, the Centre is developing practical and timely learning and development strategies to help organizations fully access, develop and utilize the skills and resources they have available to them. The Centre is involved in planning symposia and executive briefings and developing a public, biannual report card on women’s progress in leadership positions in Canadian organizations. It is funded by some of Canada’s leading private and public sector organizations. Editing Laurie Bowes • Design Holly W. Michael Recycled paper ©2001 The Conference Board of Canada* Sexual Harassment Is Still a Management Issue Gender Diversity Tool Kit—Resource No. 1 Printed in Canada • All rights reserved • ISBN 0-88763-501-6 *Incorporated as AERIC Inc. Contents Why the Gender Diversity Tool Kit? ............................1 About the Research..................................................1 Sexual Harassment Is Still a Management Issue..........3 What Is Sexual Harassment?......................................3 How Does Sexual Harassment Affect Employee Commitment and Retention? ....................................3 How Does Sexual Harassment Affect Organizational Performance? ....................................4 Case 1: What Happens When Organizations Do Not Respond to Sexual Harassment? ..........................5 How Prevalent Is Sexual Harassment? ........................5 Why Do Organizations Underestimate the Prevalence and Impact of Sexual Harassment? ............6 Case 2: Best Practice Case Study— Sears Canada Inc.’s Anti-Harassment Program ..............7 Closing the Gap Between Policy and Practice ..............8 Discouraging Sexual Harassment and Ensuring Effective Complaint Resolution..................................8 Resources About Sexual Harassment ........................10 Tips That Organizations Can Provide to Their Employees ....................................................10 This research was made possible with the support of charter member organizations of The Centre of Excellence for Women’s Advancement: • • • • • AT&T Canada Corporation Bank of Montreal Bell Canada and Bell ActiMedia Canada Post Corporation Canadian Imperial Bank of Commerce • • • • • Canadian Pacific Limited Deloitte & Touche LLP Sears Canada Inc. Treasury Board of Canada Secretariat Xerox Canada Ltd. Valuable research assistance was provided by Vanessa Anastasopoulos. The author would also like to acknowledge charter member representatives who provided comments on an earlier version of this report. Special thanks to Pamela Clarke (National Manager, Associate Relations, Sears Canada) and Judith MacBride-King (Director, Centre for Management Effectiveness, The Conference Board of Canada). Why the Gender Diversity Tool Kit? Recent research conducted by the Conference Board’s Centre of Excellence for Women’s Advancement found a significant gap between senior women managers’ and chief executive officers’ perceptions concerning the progress and advancement of women in Canadian organizations. Specifically, in both the private and public sectors, women executives perceived significantly less progress than did chief executives. Women were also more likely to look beyond the numbers—percentage of women in management positions—and cite issues related to organizational culture and attitudes that stifle change. Best-practice employers understand that fostering workplace diversity requires proactive intervention and concerted effort. Thus, the Gender Diversity Tool Kit has been developed to inform executives and front-line managers about effective practices that address barriers to the development, retention and advancement of Canadian women. Managers can use the tool kit to: • gain a better understanding of the gender barriers faced by women; • develop programs that foster workforce diversity; • create measures that can be integrated into employee performance reviews; • communicate information about the importance of respectful workplace relationships; and • establish policies and practices that make employees aware of and accountable for inappropriate behaviour that inhibits women’s advancement. The challenge for employers, therefore, is to address headon the perceptions of executive women that progress has been slow. By focusing on the priorities of women managers, organizations can more effectively lever gender diversity to enhance performance. Those priorities that make an organization “best in class” for Canadian women include:1 • demonstrated CEO commitment to gender diversity; • demonstrated commitment to work–life balance; • programs that attract and retain women at all levels of the organization, including effective professional development programs; • a focus on harassment and organizational culture, including publishing of harassment policies and monitoring of complaint resolution; and • periodic organizational audits to assess systemic barriers to women’s advancement, including reviews of performance criteria and evaluations. Sexual Harassment Is Still a Management Issue is the first in the series of information resources that address key issues identified by women executives as hallmarks of a women-friendly organization. Each report in the Gender Diversity Tool Kit presents further analysis of Conference Board data, information from related Canadian and international studies, best practices, case studies or vignettes, and employer tips. ABOUT THE RESEARCH In the fall of 1999 and winter of 2000, The Conference Board of Canada’s Centre of Excellence for Women’s Advancement mailed an eight-page questionnaire to 2,800 chief executive officers, human resources professionals and women executives at the level of vice-president (or equivalent title) or higher. A total of 630 executives responded to the survey. Survey information was augmented by 94 in-depth telephone interviews with representatives from the three survey groups. The study results were published in June 2000 in a report titled Creating High-Performance Organizations: Leveraging Women’s Leadership. This document can be obtained from the Conference Board. The Gender Diversity Tool Kit represents the next phase of the Centre’s research program. 1 These topics reflect the views of 393 executive women surveyed by The Conference Board of Canada. Detailed findings are contained in Creating High-Performance Organizations: Leveraging Women’s Leadership (Ottawa: The Conference Board of Canada, June 2000). 1 The Conference Board of Canada Sexual Harassment Is Still a Management Issue Organizations that hope to attract and retain capable personnel must be alert to employees’ experiences and perceptions related to their workplace culture. Conference Board research indicates that sexual harassment continues to affect the career decisions of many Canadian women. This report finds that while advancement opportunities and increased compensation were the primary motives prompting women to leave their previous employers, the inappropriate behaviour of co-workers reinforced the motive for many women to seek new employment opportunities. Criminal behaviour that moves beyond sexual harassment (e.g., sexual touching) is sexual assault. Examples of behaviours that have been found to constitute sexual harassment in Canadian legal cases are found in Table 1. The list does not, however, deal with newer forms of sexual harassment such as e-mail chat about colleagues or anonymous e-mail messages. Corporate guidelines that document inappropriate use of electronic communication are one way to prevent this behaviour. Finally, it is important to note that sexual harassment is not only a “women’s issue.” While the vast majority of sexual harassment occurs between female subordinates and males, sexual harassment may occur between persons of the same sex or between a woman boss and a male employee. For example, the Saskatchewan Human Rights Commission supported the complaint between a male employee and his male supervisor alleging that the assistant was sexually harassed on the job through sexual touching and unwanted sexual remarks.3 What Is Sexual Harassment? Definitions of sexual harassment are confusing, often reflecting moral and social perspectives, personal experience and “legalese.” A practical definition of sexual harassment is “any type of unwelcome or offensive comments, conduct or gestures based on gender and sexual orientation.”2 Behaviours that constitute sexual harassment fall on a continuum. On one side of the continuum is behaviour that may or may not be interpreted as sexual harassment (e.g., sexually degrading words, gestures or jokes about women and/or men). Further along the continuum are behaviours and attitudes that demean or undermine an individual or group of employees. Examples include: refusing to delegate authority and/or removal of responsibility due to gender, a tendency to bully, overloading work or “picking on” women employees, and setting out to make female employees look incompetent. Inappropriate behaviour may also include unwelcome flirtation and advances or propositions. TIP Best-practice organizations ensure that all employees are aware of the gamut of conduct that contaminates workplace culture and those activities that constitute inappropriate behaviour. How Does Sexual Harassment Affect Employee Commitment and Retention? Many women executives and senior managers believe that inhospitable organizational culture and harassment impede career progress. In our recent study, for example, one in two women executives (48 per cent) cited inhospitable organizational culture as a motive that prompted them to leave their most recent past employer.4 What’s An extreme form of harassment is sexual coercion (in legal terms, “quid pro quo harassment.”) This behaviour involves promises, subtle hints, rewards and/or the use of threats to solicit sexual favours based on rejecting or accepting employment, promotion or job benefits. 2 Adapted from A Workplace Based on Mutual Respect: Workplace Harassment (Sears Canada Inc., 2000). See “Resources About Sexual Harassment” on page 10 of this publication for additional information on definitions of sexual harassment. 3 “Harassment Claims Settled,” Organizational Health & Safety Canada, March 1999. 4 Senior women managers/executives were asked to indicate the importance of a number of factors in their decision to end employment with their previous employer. The survey included the statement: “Organizational culture was inhospitable for women.” 3 The Conference Board of Canada TABLE 1 Behaviours Found to Constitute Sexual Harassment in Canadian Legal Cases Behaviour Example Sexually degrading words or remarks used to describe an individual or group. A co-worker made insulting sexual jokes or remarks about women. Inquiries/comments about an individual’s sex life A co-worker made an employee feel uncomfortable by asking questions about the employee’s sex life. Sexual flirtations, advances and propositions A co-worker repeatedly asked an employee for a date or relationship. Demands for sexual favours A co-worker hinted that the employee could have a better job or some other benefit in exchange for a sexual relationship. Verbal threats or abuse. A co-worker hinted that the employee could lose her job or that her job situation might be hurt if the employee did not have a sexual relationship with the abuser. Leering Co-worker leaned over an employee unnecessarily, got too close, and/or cornered the employee. A co-worker consistently stared at the body of a colleague. Unwanted gestures A co-worker made sexually suggestive gestures in the presence of a colleague. Display of sexually offensive material Sexual material, such as pornography or degrading drawings of women, was displayed in or around the workplace. Sexual assault Co-worker touched suggestively, intentionally brushed up against employee, patted, hugged, pinched, kissed or grabbed the employee using physical force. Sources: Adapted from Law Society of Upper Canada material (1991); cited by D. Crocker and V. Kalemba, “The Incidence and Impact of Women’s Experiences of Sexual Harassment in Canadian Workplaces,” Canadian Review of Sociology and Anthropology, vol. 36, no. 4, 1999. more, among the 393 senior women managers/executives surveyed, one in four (27 per cent) indicated that they had experienced harassment or discrimination by colleague(s) or supervisor(s) while with their previous employer. November 2000, two hundred female technicians were compensated for having been sexually harassed and discriminated against in six CBS stations. Canadian legal experts suggest that this type of class action suit will make its way to Canada. • Sexual harassment can dramatically affect individual performance, morale, absenteeism and therefore organizational performance. Recent research in Canada revealed that half of all employees who experience sexual harassment indicate that they are either hindered in their performance or unable to do their jobs.5 Negative psychological outcomes include sleep disturbances, reduced self-esteem and life satisfaction, and increased stress, anger, fear, depression and anxiety.6 • These overt and hidden costs have a ripple effect (and resultant cost) that not only has an impact on the complainant and harasser but also affects the productivity of co-workers and supervisors. • Public awareness concerning an incident of sexual harassment can tarnish the reputation of the organization and discourage potential job applicants. Further analysis of the survey data found a significant association between the prevalence of an inhospitable organizational culture for women and an encounter with harassment or discrimination. In other words, harassment and discrimination are more evident in workplace cultures that women perceive as inhospitable. How Does Sexual Harassment Affect Organizational Performance? Sexual harassment is costly to the organization in a number of ways: • Overt costs include legal fees and settlement costs. This is demonstrated in the U.S. $8 million damage award paid to employees of CBS Corporation. In 5 D. Crocker and V. Kalemba, “The Incidence and Impact of Women’s Experiences of Sexual Harassment in Canadian Workplaces,” Canadian Review of Sociology and Anthropology, vol. 36, no. 4, 1999. 6 Handbook of Gender & Work, Edited by G. Powell (London: Sage Publishers, 1999). The Conference Board of Canada 4 Best-practice employers actively monitor workplace culture and employees’ perceptions about sexual harassment.7 They are committed to creating and maintaining a respectful workplace environment and have developed zero tolerance approaches to sexual harassment. A starting point is to provide all employees with a clear definition and examples of sexual harassment. CASE 1: WHAT HAPPENS WHEN ORGANIZATIONS DO NOT RESPOND TO SEXUAL HARASSMENT? Early in her appointment as a member of the executive team in a large institution, Debra became aware of hostility between several subordinates and herself. Those who had been unsuccessful applicants for her job said publicly that her experience was inappropriate for the position. Shortly after, she heard rumours suggesting her appointment was predicated on a sexual relationship with her boss. TIP Sexual harassment is more likely to occur in workplace environments that tolerate bullying, intimidation, yelling, innuendo and other forms of discourteous behaviour. Best-practice employers communicate clearly and on an ongoing basis that this type of behaviour is inappropriate for the workplace. Rumours proliferated through e-mail chat, and comments were made at national meetings. When Debra confronted her superior about the situation, he suggested that the rumours reflected professional jealousy and were not worthy of a response. While she made numerous attempts to squelch the insinuations, at no time did her boss address the rumours or condemn those who made remarks. Over the course of several months, Debra sensed that he enjoyed hearing the insinuations. As time passed, she began to feel her authority was being undermined. How Prevalent Is Sexual Harassment? Six months into the appointment, her boss’s marriage ended. The event refuelled the rumour mill. Shortly afterwards, Debra’s superior was replaced. Upon his arrival, her new boss requested Debra’s resignation. While performance was not an issue, he stated that she did not fit in well with the new executive team. When Debra brought her lawyer to discuss concerns about sexual harassment, the organization settled quickly to avoid public trial or publicity. Now on leave, Debra is reluctant to return to the organization, and she is aware that prospective employers know of her experience and that the rumours will make it difficult to secure a similar position. A recent study by York University researchers found that 64 per cent of working women had experienced some form of harassment over the course of their working life; 48 per cent had experienced sexual harassment in the previous year!8 Table 2 provides an overview of types and incidence rates of sexual harassment found by the York University research team. Given these results, it is not surprising that sexual harassment is the most common complaint heard by provincial human rights commissions. For example, between 1997 and 1998, 22 per cent of complaints heard by the Saskatchewan Human Rights Commission related to sexual harassment in the workplace.9 Similarly, in 1999 the British Columbia Human Rights Commission reported that 45 per cent of complaints filed were predicated on sexual harassment.10 This case clearly demonstrates the high cost of not responding seriously to an employee’s concerns. While the incident provided the executive team with the opportunity to endorse the importance of maintaining a respectful workplace environment, the lack of response damaged the reputation of at least one employee and failed to inhibit the inappropriate behaviour of Debra’s subordinates. How Might This Case Have Been Handled Differently? Best-practice employers understand that sexual harassment can occur at any level in the organization and all concerns should be dealt with in a serious manner. Sexual harassment training would have alerted the executive team to the impact of sexual harassment on an employee’s credibility and authority. Prevention is the best tool; a quick response is the second-best strategy for dealing with innuendo. For example, Debra might have asked her boss to meet with the senior human resources officer to discuss the insinuations. Unfortunately, the problem was left for Debra to deal with. A senior member of the executive team should also have dealt immediately with the subordinates’ suggestions that Debra was not qualified for her position. A message that their behaviour was not professional would deter others from making similar remarks. A memo to all employees about inappropriate use of e-mail would have limited this type of chat. While employers cannot and do not have the right to ask their employees to change their personal values and belief systems, employers should expect and require professional behaviour from all employees while on the 7 “Best-practice employer” was defined using the criteria established by the 393 woman manager/executive survey respondents. Criteria include organizations that monitor harassment complaint resolution and publish harassment and discrimination policies. 8 D. Crocker and V. Kalemba, “The Incidence and Impact of Women’s Experiences of Sexual Harassment in Canadian Workplaces.” 9 “Harassment Claims Settled,” Occupational Health & Safety Canada, March 1999. 10 Moving Forward Together, British Columbia Human Rights Commission, 2000. 5 The Conference Board of Canada TABLE 2 Types and Incidence Rates of Sexual Harassment Previous year (%) Across working life (%) Insulting jokes about women, sexual material displayed 48 64 Man leering/getting too close, suggestive touching, gestures, staring, force/attempted force 41 60 Insulting jokes/remarks about a person, questions about employee’s sex life, requests for dates 30 52 Hints of job benefits in exchange for sex, threats of job loss or job difficulties 3 10 1,990 1,990 Type of sexual harassment Incidents included Gender harassment Non-verbal unwanted sexual attention Verbal sexual attention Sexual coercion Number of participants Source: D. Crocker and V. Kalemba, “The Incidence and Impact of Women’s Experiences of Sexual Harassment in Canadian Workplaces,” Canadian Review of Sociology and Anthropology, vol. 36, no. 4, 1999, p. 547. Low Reporting Levels job.11 The high incidence rate of sexual harassment suggests that organizations have work to do to address this important workplace stressor. Formal complaints are just the tip of the iceberg. Research has demonstrated that only a small percentage of employees officially notify managers about their concerns. For example, while a recent Public Service of Canada survey found that 20 per cent of federal government employees had experienced harassment in their work unit, only about 2 per cent had launched formal harassment complaints.12 These results reflect American experience as well. One U.S. study found that approximately half of all working women had experienced sexual harassment. Of these, fewer than one-quarter reported the incident to an authority and fewer than one in ten filed a formal complaint.13 Why Do Organizations Underestimate the Prevalence and Impact of Sexual Harassment? One reason why sexual harassment persists is that employers underestimate both the incidence of sexual harassment in the workplace and its impact on organizational performance. The following four factors contribute to employers’ misjudgement of the prevalence of sexual harassment. Changing Legal Guidelines TIP Legal definitions of sexual harassment are evolving with case precedents. Regardless of management’s understanding of law or a harasser’s intent, the law focuses on the nature of the conduct and whether the complainant found the behaviour offensive. A manager who does not address a complaint about sexual harassment in the workplace (regardless of the intent of the harasser) can be held liable for the conduct of the employee in question. A lack of formal complaints cannot be interpreted as an absence of problems. Potential indicators of sexual harassment include a sudden request for a transfer, refusal to work with a certain individual, high absenteeism and sudden changes in the quality of an employee’s work. 11 H. Hemphill and R. Haines, Discrimination, Harassment, and the Failure of Diversity Training: What to Do Now (Connecticut: Quorum Books, 1997). 12 “Report of the COSO Sub-Committee on Workplace Well-being,” Treasury Board of Canada Secretariat, 2000, http://www.tbs-sct.gc.ca 13 S. Welsh and J. Gruber, “Not Taking It Any More: Women Who Report or File Complaints of Sexual Harassment,” Canadian Review of Sociology and Anthropology, vol. 36, no. 4, 1999, pp. 558–83. The Conference Board of Canada 6 Differences in How Organizations Track Sexual Harassment Reluctance of Employees to Label an Incident as Sexual Harassment Incidence rates differ drastically in accordance with how harassment is measured.14 Surveys that report relatively low incidence rates (10 to 25 per cent) tend to ask employees if they have experienced “harassment.” Studies that document higher incidence rates (50 to 80 per cent) ask employees to identify behaviours they have experienced personally from a list of legally defined forms of specific unwanted behaviours. These results indicate the need for explicit questions about sexual harassment in employee surveys. What one employee may consider offensive, another may not. Many employees are not aware of behaviour that constitutes sexual harassment. Furthermore, the majority of workers continue to believe that sexual harassment reflects a personal disagreement between two individuals.15 As a result, employees who experience sexual harassment may not label their experiences as such. In this context, sexual harassment becomes an issue related CASE 2: BEST PRACTICE CASE STUDY—SEARS CANADA INC.’S ANTI-HARASSMENT PROGRAM Sears Canada Inc.’s sexual harassment policies are integrated into a larger, comprehensive program titled “A Workplace Based on Mutual Respect and Well-being.” The focus of the program is prevention and anti-harassment practices. The firm’s anti-harassment policies were developed with both expert consultants and internal legal, public relations, security and human resources professionals. • The policy requires all managers to undertake sensitivity and risk assessment training. In the training program, managers are informed about types of workplace threats and harassment and about coping and response techniques for each. This includes information about the effect of harassment on employees. Managers are also briefed about when they should call for assistance. • Information brochures about sexual harassment are provided to all employees. Policy provisions require all employees to report all incidents. Employees are briefed on internal complaint mechanisms and their rights to external recourse through provincial human rights commissions. • Standardized incident forms allow management to gather information and respond in a more consistent manner. Incidence forms include a list of workplace problems and recommended responses. Managers are required to complete an incident form for each complaint, including details about the complaint outcome. • Management stays involved. The executive team is briefed regularly about workplace incidents, including the number and nature of sexual harassment complaints. Sears’ anti-harassment policy states: All associates (employees) are entitled to a workplace based on mutual respect, free of harassment. All associates have a responsibility to abide by and support the Company’s workplace harassment policy. Action should be taken if you: • feel uncomfortable or threatened in a situation because of someone else’s comments or conduct or • feel that another’s comments or actions toward you or another associate are improper in a work environment. that harassment may be occurring, Sears will conduct a thorough investigation and evaluation of the evidence. If Sears determines that an associate has violated this policy, the associate will be subject to disciplinary action. This discipline will be dependent on the severity, consequence and number of offences. This could include: • formal documentation of conduct, along with a written warning to be made a part of the associate’s personal file; • counselling; • suspension; • reassignment; • termination for repeated offences; • immediate termination for severe offences. Sears will take all possible steps to protect associates who make a complaint of harassment or who participate in the investigation of a harassment complaint from reprisals. …Consequences of engaging in harassing behaviour can be very severe. Our policy prohibiting harassment is a “zero tolerance” policy. If allegations are made or if the company becomes aware No one, regardless of position, is exempt from this policy. Source: Creating the New Sears: Workplace Harassment Manager’s Guide (Toronto: Sears Canada Inc., 2000). 14 B.J. Ebhardt, S.B. Moser and D. McFadden, “Sexual Harassment in Small Government Units: An Investigation of Policies and Attitudes,” Public Personnel Management, Fall 1989, pp. 351–64. 15 Ibid. 7 The Conference Board of Canada to “self-perception” rather than an objective problem. Best-practice employers communicate sexual harassment information to employees knowing that its negative repercussions on job performance and personal life occur regardless of how individuals label the experience.16 Awareness training should provide the opportunity for employees to communicate their expectations about professional behaviour, clarify assumptions about sexual harassment, and ask questions regarding complaint procedures. A starting point is to debunk the myths and misperceptions about sexual harassment. Several such myths are described in Table 3. Closing the Gap Between Policy and Practice Most large Canadian organizations have sexual harassment policies and complaint procedures specified in writing. However, given the high incidence of sexual harassment, a gap exists between policy and practice. Employers are therefore faced with three interrelated challenges: • To proactively deter inappropriate behaviour • When sexual harassment occurs, to ensure effective sexual complaint resolution • To ascertain why sexual harassment has occurred TIP Because support staff are more likely than professionals to experience sexual harassment, training should include discussion about the role that hierarchy and power play in inappropriate workplace behaviour. This is because studies have found that women who understand the underlying structure of sexual harassment are more likely to (a) report an incident and (b) cope effectively. What Are Best Practices for Preventing Sexual Harassment? Prevention—such as anti-harassment training—is the best tool for dealing with sexual harassment. Awareness training provides the opportunity for employers to sensitize employees and managers about the potential impact of sexual harassment on the individual, colleague(s) and organizational performance. It also sends a clear message about the importance of a respectful workplace environment. Source: S. Welsh and J. Gruber, “Not Taking It Any More.” Discouraging Sexual Harassment and Ensuring Effective Complaint Resolution The following suggestions will help to prevent sexual harassment in the workplace environment and ensure more effective complaint resolution.17 TIP Employees who have experienced sexual harassment and feel supported by their manager are more likely to report the incident and cope effectively. Simply put, the benefits of reporting the incident must outweigh the personal and professional costs. Research has found, however, that reporting an incident does not always resolve harassment. For example, weak complaint procedures have been linked to additional psychological cost to complainants and retaliation by harasser(s). This is one reason for low reporting levels. Discouraging Sexual Harassment • Ensure that policies have the complete and public commitment and support of senior corporate management. • Make sure that the consequences of sexual harassment, such as disciplinary actions or termination, are well understood. • Define sexual harassment in training and policy materials, providing examples of inappropriate behaviour. This is important, because some employees may not be aware that their behaviour might constitute sexual harassment. • Hold managers accountable for reporting and responding to all incidents or potential incidents of sexual harassment. Even in the absence of a formal complaint, policy should encourage managers to investigate Sources: I. Dekker and J. Barling, “Personal and Organizational Predictors of Workplace Sexual Harassment of Women by Men,” Journal of Occupational Psychology, vol. 4, no. 1,1998, pp. 7–18; S. Welsh and J. Gruber, “Not Taking It Any More: Women Who File Complaints of Sexual Harassment,” Canadian Review of Sociology and Anthropology, vol. 36, no. 4, 1999. 16 L.J Munson., C. Hulin and F. Drasgow, “Longitudinal Analysis of Dispositional Influences and Sexual Harassment: Effects of Job and Psychological Outcomes,” Personnel Psychology, Spring 2000, pp. 21–46. 17 L. M. Bernardi, “Maintaining a Harassment-Free Workplace,” The Canadian Manager, vol. 23, no. 1, 1998, pp. 3–17; J. Gruber, “The Impact of Male Work Environments and Organizational Policies on Women’s Experiences of Sexual Harassment,” Gender and Society, vol. 12, no. 3, 1998, pp. 301–320; C.L.Z. DuBois, R.H. Faley, G.A. Kustis and D. Erdos Knapp, “Perceptions of Organizational Responses to Formal Sexual Harassment Complaints,” Journal of Managerial Issues, vol. 11, no. 2., 1999, pp. 198–212; and I. Dekker and J. Barling, “Personal and Organizational Predictors of Workplace Sexual Harassment of Women by Men,” Journal of Occupational Psychology, vol. 4, no. 1, 1998, pp. 7–18. The Conference Board of Canada 8 TABLE 3 Myths and Misperceptions About Sexual Harassment Myths and misperceptions Truths Harassment is primarily a concern for women employed in non-traditional sectors. Conference Board and related research indicates that job type rather than industry or sector is associated with incidences of harassment. Pink- or blue-collar employees are more likely to experience sexual harassment than are white-collar workers. Pink- or blue-collar employees are also less likely to respond assertively to harassment than are white-collar workers. Compared to professional staff, support workers perceive sexual harassment as more of a problem of lack of confidence in handling the situation themselves. Younger women are the most likely targets. Conference Board research found older women were most likely to report personal experiences of harassment. This may reflect the fact that they have been in the labour force longer, thereby increasing the chances that such an incident would occur. Alternatively, older women may be more secure and therefore less tolerant of inappropriate behaviour. Colleagues are employees’ best support mechanisms. Research indicates a tendency of co-workers to weigh the credibility of the complainant against the status of the harasser. A harassed employee is perceived less favourably when the occupational status of the harasser is relatively higher. The most stressful aspect of harassment is the incident. Both the incident and complaint resolution affect job performance. Prompt and effective organizational redress has been found to lessen the impact of harassment. The majority of employees who have been harassed by a colleague leave their employer. Employees tend to leave an organization only when the perpetrator is their immediate supervisor. Those who have been harassed by colleagues other than an immediate supervisor are most likely to ignore the incident. Reaction of colleagues is not important. Witness response is a good indication about the organization’s culture. Action, or a lack of action, taken by colleagues sends a strong message about their own tolerance for harassment. Sources: S. Welsh and J. Gruber, “Not Taking It Any More”; S. Boyes, “Sexual Harassment: Keeping Out of the Headlines,” Canadian Consulting Engineer, vol. 41, no. 2, 2000, pp. 69–70; C.L.Z. DuBois, R.H. Faley, G.A. Kustis and D. Erdos Knapp, “Perceptions of Organizational Responses to Formal Sexual Harassment Complaints,” Journal of Managerial Issues, vol. 11, no. 2, 1999, pp. 198–212; D. Crocker and V. Kalemba, “The Incidence and Impact of Women’s Experiences of Sexual Harassment in Canadian Workplaces,” Canadian Review of Sociology and Anthropology, vol. 36, no. 4, 1999. • Following an allegation of sexual harassment, managers should be responsible for monitoring the workplace to ensure that no further harassment or reprisals against the complainant, witnesses or others occur. • Ensure all complaints are handled quickly and in a serious manner. Delays allow for innuendo to surface and serve to discredit the validity of the complaint. • Establish response teams. The level of response should be dependent on the nature of the incident. For example, the complainant’s manager should handle inappropriate jokes; human resources staff should be involved in all allegations of sexual coercion. • Allow all complaints to remain confidential. Explain that while you cannot guarantee anonymity, you will maintain confidentiality. when there is reason to believe that harassment has occurred. • Provide employees with formal and informal means of redress. Procedures should be clearly spelled out. These should not, however, be etched in stone. • Conduct periodic organizational audits to determine the frequency of sexual harassment and employees’ perceptions about their workplace culture. This includes questions that explicitly deal with types of sexual harassment. All survey results should be analyzed by gender of respondents. • Enact a zero tolerance approach to sexual harassment. Effective Complaint Resolution • If the allegation is supported, procedures should reflect the interests of the complainant. 9 The Conference Board of Canada • Use standardized forms to document all incidents. This allows staff to monitor complaints and tailor effective response procedures and training material. • Provide confidential sources of emotional and psychological assistance for employees (e.g., employee assistance programs). • Take immediate action. Talk with the complainant, alleged harasser and witnesses and take written statements from those involved. • Explain the results of the investigation to all involved. • If the complaint is not substantiated, the complainant, alleged harassers and witnesses should be briefed about the rationale for rejecting the complaint. This helps to prevent innuendo and avoid discouraging others from coming forward with complaints. • Monitor the work environment to ensure that the complainant is not further harassed. Follow-up should entail communicating with the complainant every few months to determine if there are associated complaints. Resources About Sexual Harassment Employers are encouraged to seek expert assistance in the development of sexual harassment policies, training programs and complaint resolution guidelines. Sample resources include: • A. Aggarwal and M. Gupta, Sexual Harassment in the Workplace (Toronto: Butterworths, 2000). • Anti-harassment Policies for the Workplace: Employers Guide, The Canadian Human Rights Commission (http://www.chrc-ccdp.ca/) • Sample sexual harassment programs and guidelines: Carleton University (www.carleton.ca/cu/aboutus/policies/regulations-governing-sexual-harassment.html); Treasury Board of Canada (http://www.tbs-sct.gc.ca/ Pubs_pol/hrpubs/TB_851/HARAE1.html#obj) • U.S. Equal Employment Opportunity Commission, see http://www.eeoc.gov/index.html TIPS THAT ORGANIZATIONS CAN PROVIDE THEIR EMPLOYEES • Consult your supervisor immediately if you believe you have been harassed. Waiting can often make the situation worse. • Put the complaint in writing. In the event that the incident occurred between you and your supervisor, a third person should be brought in to investigate. You should be aware of the appropriate contact for discussion of your complaint. • Document all actions you have taken to resolve your concerns. • In situations where there are multiple complainants, consider lodging the complaint together to take the pressure off one person and strengthen your case. • Seek supportive counselling. The Conference Board of Canada 10 255 Smyth Road, Ottawa, ON, K1H 8M7 Canada • Tel. (613) 526-3280 Fax (613) 526-4857 Internet http://www.conferenceboard.ca
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