Documente Academic
Documente Profesional
Documente Cultură
Team B:
Robin Faulk
Habib Fayiz
Stephen Killingham
Aleacia Meredith
Chenista Straubel
MGT/350
Edward Robinson
The “General Duty Clause” found in Section 5(a)(1) of the Occupational Safety
employment which are free from recognized hazards that are causing or are likely to
as defined by, but not limited to sexual harassment, homicide, threats, etc. can include
A 1998 special report issued by the Bureau of Justice Statistics identified seven
occupational fields that experience the highest number of workplace violence: Retail,
Security. Between 1992 and 1996, in excess of 2 million workers reported work place
violence and 40 percent of those individuals reporting nonfatal incidents knew their
offenders and women are more likely than men to experience workplace violence.
workplace violence claims by objectively reviewing their physical facilities, instruct key
personnel in risk recognition and scenario preparation for crises management, and by
alternative solutions,
ethical implications,
• An evaluation of the success of the solution which answers the following questions
person of the same or opposite sex. Unwelcome sexual advances, requests for sexual
favors, and other physical, verbal, or visual conduct based on sex constitute sexual
harassment when:
decision, or
working environment.
Sexual harassment knows no gender: Men can sexually harass women, and women
fifty percent increase in the number of sexual harassment charges filed with federal and
state agencies during 1992. Some people have suggested that the Anita Hill-Clarence
Thomas hearings raised the consciousness of female workers, and that the expanded
remedies now available to harassment plaintiffs under the Civil Rights Act of 1991 are
an incentive to bring such claims to the surface. Such a dramatic increase in the
number of agency filings, underscores the need for employers to implement policies and
procedures for timely and effective investigation of all sexual harassment complaints.
Workplace Violence: Sexual Harassment
A Problem Analysis, Implementation, and Evaluation Plan 5
The investigation stage is crucial because the results of the investigation will determine
whether remedial action is warranted. If remedial action is warranted, the facts gleaned
from the investigation will form the basis of the company's decision as to what action(s)
is appropriate.
In order to take the appropriate action, there are several factors that must be
considered:
• The quality of the evidence (first hand knowledge, rumor, credible corroboration,
Frame Alternatives
investigated by highly trained and qualified staff educated in the investigative process
and also familiar with the rights and obligations of both the employer and employee.
has been no harassment in violation of company policy, but the investigation reveals
minimum, the accused and the accuser should be reminded of the company's policy
against harassment and counseled about avoiding potential problems in the future.
counseling, and workplace monitoring. Disciplinary actions may include oral and written
Training
Training provides the employees with the required knowledge for future
prevention of such cases. Training programs can include the extent of the company’s
Referral to Counseling
executed in the intervention of potential problem areas. The purpose of the counseling
interfere with their ability to function in an optimal manner. All counseling is confidential.
Monitoring
Monitoring employee activities provides some level of assurance that all rules
and regulations are followed in accordance of the company’s sexual harassment policy.
written warning is called for, it should be preceded by an interview similar to the oral
reprimand, differing only in that the employee is told at the conclusion of the interview
that a written warning is to be issued. The interview should address the condition or
behavior. The written warning will include a statement of the reason for the discipline,
correct their behavior, a timeline for their actions, and any follow-up actions to be taken.
The employee should acknowledge receipt of the warning by his or her signature, even
though the signature does not imply agreement. A copy of the written notice should be
placed in the employee’s personnel file in the Human Resources office. The employee
shall have the opportunity to provide a written response to the written notice.
Suspension
adverse action and considered a severe disciplinary action. Ordinarily, it is the final step
the employee that a further violation of rules could result in removal. A suspension
prevents an employee from performing work and denies salary for the suspension
Training
“The U. S. Supreme Court has ruled that companies that provide legal training for
(http://www.fairmeasures.com/training.html).
Every employer should have a policy in place to deal with sexual harassment. An
duty of the employer to provide it. Under the Employment Equity Act, the employer may
be liable if they were aware of the sexual harassment and failed to take action.
The employer should place notices throughout the premises, which detail the
policy on sexual harassment should set out what the company considers to be the main
types of sexual harassment and the penalties that relate to it. For example, sexual
harassment could be listed as gross misconduct in the disciplinary policy, which may
Employers need to examine why the problem has occurred in the first place.
Perhaps if the company had an effective approach to dealing with sexual harassment
In the large percentage of cases, the alleged harasser is not aware that their
behaviors are offensive or unwelcome, and the majority of these claims can be settled
Workplace Violence: Sexual Harassment
A Problem Analysis, Implementation, and Evaluation Plan 9
by an apology and a promise by the harasser to correct his or her behavior. For this
reason, it is important that all employees are aware of exactly what the company
defines as sexual harassment. Communication is the key and making sure that all
people, management policies, procedures, paperwork, and good business practices are
in place is common sense and just. Presenting the Respect vs. Harassment training
program is the beginning of a journey that can strengthen a culture of respect within an
organization. The program is designed not only to prevent sexual harassment, but also
workplace.
the productivity potential of each person. However, the positive effects of treating each
people, new interpersonal skills are necessary to assure that valuing differences fosters
employees and managers with the skills and information they need to work together
respectfully and productively, and to heal work relationships when conflicts do occur.
know that high performance organizations demonstrate that respect is valued. Senior
• Management takes these issues seriously and that harassment will not be tolerated.
situations.
• Retaliation against those who use the organization’s complaint procedure will not be
tolerated.
Referral to Counseling
Several programs that employers offer can assist employees in obtaining mental
health counseling that can help both the victims and potential oppressors. The intent of
actually appear. The programs are designed to help employers support employees
while addressing the needs and duties of the organization to provide a safe and healthy
environment. Programs help employees seek and receive services and treatment to
ensure the safety of all personnel and to help employees return to work after a referral
is made.
providers, and crisis intervention counseling. These programs rarely include case
treatment resources for crisis intervention and assessments. Identification of this need
proceedings.
specialized staff and services removed from direct supervision of employers. This is
commonly the most effective and acceptable form of program for employees and
management models.
programs are usually targeted to a specific industry in a geographical area and are
Mixed Model Programs. These programs are developed for specific employers
may appear to be a violation of the Privacy Acts for both employees and for customers.
The moral and ethical standards of monitoring should be considered as this action may
Suspension
problems, employers must appropriately implement corrective actions, but also evaluate
organization’s legal liability” (Segal, J. A., 1997, para. 2) Organizations need to take into
account if the harassment was a first time or repeated offense. By not implementing the
of wages or bonus. “When companies are not sure whether to discharge, many
appealing” (Segal, J. A., 1997, para. 42). In addition and according to Legislative &
Legal Updates, some courts have accepted suspension as one of the appropriate
“Suspending an alleged harasser without pay pending an investigation and telling the
Workplace Violence: Sexual Harassment
A Problem Analysis, Implementation, and Evaluation Plan 13
alleged harasser not to contact the employee (the alleged harasser then resigned).
Coates v. Sundor Brands, Inc., -- F.3d --, 1998 WL 789169 (11th Cir. Nov. 13, 1998)”
other employees will most likely be discouraged from displaying any kind of harassing
behavior.
result of the investigation as a means of corrective action. This type of corrective action
definitely conveys to all employees that this kind of behavior is not acceptable and will
Training
violence and its symptoms of a hostile work environment including sexual harassment
therefore, we feel that the best solution is training. This decision is based on the
We believe that educating can be the best start to ending a bad situation from the
beginning; and, it can also be used as preventive medicine for future reference.
Evaluation of Resources
policy and what it says. The employer’s position on harassment should be contained in
a clear policy statement, distributed to all employees, posted on bulletin boards and
commitment to fair and equal treatment of all employees. Managers must take a lead
role in reminding staff (in newsletters, annual reports, at meetings, etc.) that harassment
• Ensure acceptance by all staff, unions and employee associations. This can
only be developed through consultation, input and feedback. Time taken here will
possible, have more than one person assigned to this important, sometimes
emotionally-taxing job.
harassment.
Everyone must know about the policy. Management must educate staff at all levels and
make them aware of the ongoing commitment to that policy. A sensitive policy also can
serve to foster an understanding of the true nature of harassment and its destructive
Employers that conduct training usually stop after training of managers and
penalties for non-compliance. The thought of employee training is often met with
resistance from employers who wonder, "Aren’t we just educating potential plaintiffs?"
Not necessarily. What we have found after over 15 years of training employees all over
the country is that employees keep things within the organization when they are taught
what kinds of activities can be considered to be harassment, how the law defines
harassment and how they should go about making an internal complaint. When
employees understand that they have an internal outlet to resolve their concerns, they
Anticipated Timeline
Workplace Violence: Sexual Harassment
A Problem Analysis, Implementation, and Evaluation Plan 16
Even the best harassment policy and procedure will not be successful unless
everyone knows about it. Develop a plan for notifying employees about your policy and
There are many ways for employers to get the word out. What works for one
employer and audience may not be the most effective approach for others. On the
cutting edge of dissemination, some larger employers have utilized the "information
organization’s web page, or you may want to design a specific web page to provide
information, forms and identify people on-site to whom complaints may be made. This
can also be a good way to publicize support services for victims of alleged harassment,
organization’s "Help-line," and information on how to file complaints with state and
harassment and the procedure for addressing allegations. All employees should receive
procedure.
appropriate behavior and also what their obligations are when hearing a complaint of
management and about one hour to train employees. The following is a checklist for
Action In To Be Date
No Progress Implemented Implemented
Train investigators
Train managers/supervisors
Train employees
*DFEH = DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Evaluation
environment. Knowing the standards used to identify: What is harassment? And how
Training corporate staff about sexual harassment issues is very important, and also
training the human resource department on how to respond to these claims can set the
foundation for later perceptions regarding these issues. Documenting the attendance of
Criteria
helps employees to understand the issues, reinforces preventive skills, and provides a
the company to understand that the company does not condone this type of behavior
and attempts to educate everyone on how to prevent these types of incidents from
happening.
clear, all disciplinary procedures, but it is more important to enforce the disciplinary
application of company policies and procedures can render such policies null and void
when investigated, which will make them ineffective and useless forms of defense in
this arena. The steps followed must be reasonable and effective in ending the
“inappropriate behavior” and are not effective in ending the harassment or preventing it
from escalating, additional steps must be taken so that everyone knows the conduct is
prohibited.
In order for the organization to know if they have made the best possible decision
is to follow with everyone one involved in the situation. Far too often organizational
Workplace Violence: Sexual Harassment
A Problem Analysis, Implementation, and Evaluation Plan 19
leaders want to clear up a negative incident as soon as possible and hopefully forget
that it ever happened. However, in order to ensure the best decisions were made the
organization must continue to address the problem even once it has been resolved.
The objective of the company should not be to drag the issue on but to show that they
have a genuine concern and will not tolerate harassment on any level. If they company
their actions they can take some comfort in knowing that they made the proper choices.
Confidentiality, after claims are made can avoid the “bandwagon” effect;
however, this is not always the case as the victims discuss the issues among co-
going to be the best measurement for determining the effectiveness of company policy
The criteria for measuring a successful outcome of this type of problem, even if
sexual harassment has been established, and at least one employee is terminated or
• Both employees and all employees involved understand the situation, and accept
• Employee moral has not declined. (In order to prevent negative or low moral, other
employees involved.)
involvement of lawsuits.
Conclusion
complexity of the issue, difficulty in proving, possible resulting retribution of both the
reporter and the reported, and the stigma attached to the individuals involved. It is
important to note that sexual harassment accusations are not limited to women versus
men; men are also sexually harassed by women, women by women, and men by men.
The distinction must be made clear that women are not always the ONLY victim of
sexual harassment. Often times, both individuals are the victims of sexual harassment,
i.e. consent by mutuality that later falls under scrutiny due to relationship issues turning
the relationship into unwarranted or unwanted continuity that is difficult to avoid due to
the nature of a “working relationship”. The victim then becomes the one that speaks out
or reports the matter first! It is for this reason that companies may establish policies that
discourage or prohibit employees from dating stating that the relationship becomes a
conflict of interest and not in the best interest of company morality, values, mission, or
purpose.
The victims risk their jobs by speaking out. The intent of the victim comes under
close scrutiny, and these accusations are based upon how others view the expectations
of the outcome: Are they speaking out for the sake of the principle of the matter? Are
they wearing their needs on their sleeves and purporting: “I’m a victim; feel sorry for
Workplace Violence: Sexual Harassment
A Problem Analysis, Implementation, and Evaluation Plan 21
me”, or is it for attention or the potential “rewards” of notoriety and monetary
contributions based upon perceived “pain and suffering”? On the other hand, it is the
nature of individuals within our society to “abhor, oppose and to confront injustice” while
seeking “dirty laundry” and one accusation of sexual harassment within an organization
Sexual harassment accusations can begin a slow process of ruination for both
the individuals involved as well as the organization. The accusations can create a
hostile work environment that will tend to erode and to crumble employee job
satisfaction, and effectiveness. The success of the organization, then, suffers due to a
and begins to reflect in the corporate “bottom-line”, and this is reflective in quarterly
includes potential Title VII violations that require organizations to seek voluntary
Companies guilty of Title VII violations can face sanctions and probation by EEOC
opening the door to civil or criminal suits filed for damages, etc. Civil or criminal litigation
can arise between the individuals as well as between the individuals and the company.
This creates an external environmental issue to the company within the community and
illnesses”, which affects employee morale, productivity, and confidence. Later these
satisfaction and confidence drop in the market shares (investors), and possibly even the
have all taken aim at the problem” (Monaco, L. and Ellet, B., 2000, para. 2). Companies
have realized as a result of lawsuits and loss of work production that sexual harassment
prevention tactics must be put into place. Outside of making sure that the legally
required Equal Employment Opportunity codes and notices are visibly posted in the
workplace, there are no absolute tactics that companies must enforce to dissuade
sexual harassment of any kind. Companies should establish their own policy indicating
their intolerance of any type of harassment in the workplace from ALL employees, which
also gives examples of inappropriate behavior and outlines the punishment of such
Federal Register: March 13, 1997 (Volume 62, Number 49), ppgs. 12033-12051.
http://www.ed.gov/legislation/FedRegister/announcements/1997-1/031397b.html
Monaco, L. & Ellet, B. (2000, September). Many ways to thwart sexual harassment,
NPELRA Home: Information Resources: Legislative & Legal Updates. (2004, November
http://www.health.org/workplace/fedagencies/employee_assistance_programs.as
px
http://www.mittvickassociates.com/page/page/1145668.htm
http://www.fairmeasures.com/training.html
Workplace Violence: Sexual Harassment
A Problem Analysis, Implementation, and Evaluation Plan 24
Unknown. (March 2004). Safety and Health Topics: Workplace Violence. US
November. http://www.osha.gov/SLTC/workplaceviolence/
Unknown. Sexual Harassment in the Workplace. Retrieved November 17, 2004, from
http://www3.uakron.edu