Take Steps to Stifle Harassment

03/05/07

How well are employers handling their responsibilities regarding sexual harassment today? Is same-sex harassment increasing? What’s the state of workplace behavior in general? Managers’ HR Answers explores these questions from the vantage point of two authorities in the field: Susan Strauss, principal of Strauss Consulting in Eden Prairie, Minnesota, and Darlene Orlov, president of Orlov Resources for Business in New York City.

Current Concerns
When it comes to companies’ attitudes, Strauss sees little change from several years ago. Some employers still have an ostrich’s view of sexual harassment, while others take their prevention and intervention responsibilities seriously.

Hire outside trainers. Both Strauss and Orlov doubt that internal trainers can address harassment issues effectively. “My concern,” says Strauss, who testifies as an expert witness in sexual harassment lawsuits, “is that in-house trainers are usually not subject-matter experts and do not stay current in ever-evolving case law.”

Orlov, a consultant and author on the subject, echoes that concern: “My advice to small companies,” she says, “is to get (an outsider) to conduct training.” In-house trainers may not be independent or experienced enough to put workers’ personal views about what constitutes sexual harassment into the proper context. “It’s important to have a professional who can handle and respond to questions directly,” she adds.

Senior execs need training, too. Strauss believes that rank-and-file employees may grasp the seriousness of the matter better than managers. “Often companies will bring me in to train the whole organization, but senior executives won’t show. If they understood the seriousness of the offense and their potential liability, they’d be there.”

Same-sex harassment complaints on the increase. Although reports of same-sex harassment (especially by males) have escalated, Strauss and Orlov aren’t sure why. On one hand, the actual number of incidents may have increased. It’s also possible, however, that men are simply filing more harassment complaints against male co-workers than they used to. In any event, Orlov believes that 10 percent of harassment claims nationwide are either same-sex harassment or harassment of men by women. Strauss predicts that the number of same-sex harassment complaints, especially between men, will continue to rise.

Work Yet to Do
“I’m not particularly optimistic about organizations’ responses to the issue [of sexual harassment],” says Strauss. Surprisingly, she’s discovered that even experienced HR professionals may fail to distinguish between sexual harassment and conduct that’s simply obnoxious or unprofessional. She’s also found that companies often botch their investigations of sexual harassment claims by either not doing them when required or using slip-shod procedures that may actually increase the firm’s legal liability.

Watch out for simple abuse. Orlov mentions a new and growing trend that companies should prepare to address soon: complaints about abusive management behavior. Supervisors who are rude to employees or discipline and belittle them in front of others may be working on borrowed time. “This is an area where you see rising concerns,” she says, “and although an isolated incident may not rise to the level of breaking the law, organizations more and more have to deal with complaints about what I would call ‘bullying’ managers.

Rising problem: ethnic harassment. Orlov also sees more concern about ethnic harassment in the wake of September 11. “It’s important that all individuals, regardless of appearance, ethnicity, or country of origin, are treated fairly and work in a harassment-free environment,” she says.