Question

Ethics 7 Db

What can organizations do to prevent sexual harassment? Does the current legal environment place unfair burdens on organizations to prevent harassment? Explain why or why not using ethical reasoning and/or theory.

Answer 1

As the list of high-profile men accused of sexual harassment or assault grows, a cultural shift demanding increased accountability for workplace sexual harassment may be occurring in the public eye. But behind closed doors, many companies and institutions have done little to address sexual harassment, which has contributed to hostile work environments not only for victims of sexual harassment but also for other employees who are merely bystanders.

Sexual harassment is a pervasive problem with a devastating toll on employee well-being and performance, according to psychologists who study workplace harassment or provide consultation to companies on how to prevent it. There also is a dearth of research identifying which training programs may help reduce sexual harassment, while some ineffective training may even exacerbate the problem. Companies often still have a problematic knee-jerk reaction to sexual harassment complaints, says C. Brady Wilson, PhD, a psychologist in Scottsdale, Arizona, who specializes in sexual harassment and workplace trauma.

"There is a pattern to close ranks, admit nothing and blame the victim," Wilson says. "Some companies hate the EEOC and hate their own human resources department. They just see sexual harassment complaints as something that slows them down and as an unnecessary expense. There is such a reluctance to cooperate and participate."

In the 2015 fiscal year, the U.S. Equal Employment Opportunity Commission (EEOC) received approximately 28,000 charges alleging harassment or discrimination from employees working for private employers or state or local governments. Almost half of those complaints were based on gender, exceeding race (34 percent) or disability (19 percent). The EEOC estimates that less than 14 percent of individuals experiencing harassment ever file a formal complaint.

Sixty percent of American women voters said they have experienced sexual harassment, according to a recent Quinnipiac University poll. Almost 70 percent of the women who experienced harassment said it occurred at work, more than any other setting. And the poll found almost 90 percent of both male and female voters believe sexual harassment of women is a serious problem.

The current media spotlight on sexual harassment may motivate more companies to adopt sexual harassment training programs, but some efforts aren't successful in changing attitudes or reducing sexual harassment. Conducting a one-time training for new employees is ineffective and is usually just window dressing by companies seeking protection from lawsuits, says Columbia University psychology professor Elissa Perry, PhD, who has researched sexual harassment training programs.

"It's not just about providing one training and you're done. It's got to be a comprehensive approach," she says. "The tone is set at the top. Are they just checking a box? If they are only doing it for legal reasons, then they don't care if it works."

Decades of research has documented the extensive damage suffered by victims of sexual harassment, including anxiety, depression, eating disorders, drug and alcohol abuse, job turnover and post-traumatic stress.

Sexual harassment is really not about sex. It's about power and aggression and manipulation. It's an abuse of power problem," says James Campbell Quick, PhD, a professor of leadership and management at the University of Texas at Arlington.

Quick has researched sexual harassment for more than two decades and co-authored a recent article in APA's Journal of Occupational Health Psychology that examined advances in research and the changing dynamics of sexual harassment. More men now are reporting sexual harassment, and more research is needed in the lesbian, gay, bisexual and transgender communities. In the Quinnipiac University national poll, one in five male voters reported that he had experienced sexual harassment. Women also can be aggressors against other women or men, although that is less common.

Workplace harassment is a form of employment discrimination that may violate federal laws like Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act. The Employment Opportunity Commission (EEOC) issued a list of best practices for employers to use in their workplaces to prevent harassment. According to the EEOC, the following five core principles have generally proven effective in preventing and addressing workplace harassment.

Leadership

According to the EEOC, employers should consistently demonstrate a commitment to creating and maintaining a culture in which workplace harassment is not tolerated. This should be part of an overall strategy that promotes diversity, inclusion and a belief that all employees in a workplace deserve to be respected, regardless of their race, religion, national origin, sex (including pregnancy, sexual orientation or gender identity), age, disability or genetic information.

Accountability

Because a workplace culture is manifested by which behaviors are formally and informally rewarded or punished, employers should demonstrate to their employees that they take workplace harassment issues seriously through appropriate responses to harassment and complaints. For example, employers should encourage employees to report harassing behavior and should acknowledge employees’ efforts to help maintain a harassment-free workplace. In addition, employers should ensure that individuals who engage in harassment receive prompt, consistent discipline that is proportional to the severity of the harassment.

Written Workplace Harassment Policies

Employers should establish a written harassment policy and communicate it to employees in a clear, easy-to-understand style and format. In addition, employers should make sure that they do the following with their written anti-discrimination policies:

• Translate any policies into all languages commonly used by employees
• Provide all policies to employees upon hire and during harassment trainings
• Post policies centrally, such as on the company’s internal website, in the company handbook, near time clocks, in break rooms and in other commonly used areas or locations
• Review policies periodically and update them as needed

Harassment Complaint Systems

Effective reporting systems for allegations of harassment are among the most critical elements of an employer’s overall anti-harassment efforts. An employer’s system should include both a means by which individuals who have experienced harassment can report the harassment and file a complaint, as well as a means by which employees who have observed harassment can report that to the employer.

Employees who are responsible for receiving, investigating and resolving harassment complaints, or for otherwise implementing an employer’s harassment complaint system, play a significant role in shaping the effectiveness of a complaint system. Thus, employers should ensure that these individuals are well-trained, objective and neutral, and that they have the authority, independence and resources required to receive, investigate and resolve complaints appropriately. Employers should also take steps to ensure that these individuals consistently do the following:

• Take all questions, concerns and complaints seriously, and respond promptly and appropriately
• Create and maintain an environment in which employees feel comfortable reporting harassment
• Appropriately document every complaint from initial intake to investigation to resolution
• Use guidelines to weigh the credibility of all relevant parties to a complaint and
• Prepare written reports documenting their investigations, findings, recommendations, any disciplinary actions imposed, and any corrective and preventive actions taken

Harassment Training Programs

Leadership, accountability, and strong harassment policies and complaint systems are essential components of a successful harassment prevention strategy, but only if employees are aware of them. Regular, interactive and comprehensive training of all employees may help ensure that employees understand an employer’s rules, policies, procedures and expectations, as well as the consequences of misconduct.

Because supervisors and managers often have greater responsibilities than other employees, employers may benefit from providing additional training to these individuals. Employers may also find it helpful to include other employees who exercise authority, such as team leaders, in additional training.

Sexual harassment constitutes acts such unwelcome sexual advances which affects an individual's employment. The U.S. Equal Employment Opportunity Commission reports that in the financial year 2008, the agency received sexual harassment charges totaling to 13,867. Plaintiffs recovered up to $47.4 million of monetary claims. The ethical implications of sexual harassment are concerned with questions of what is acceptable and unacceptable within the workplace from the perspective of both women and men.

The following resources will help you better identify sexual harassment, advocate for yourself and others, and determine your next steps. As you begin this journey, it is important to remember to DOCUMENT EVERYTHING, for example:

• Your experience with the harasser — time, location, details, and witnesses
• Your experience reporting the harassment — time, location, details, and witnesses
• Your productivity — safeguarding and documenting your productivity at work can be essential during and after reporting

Answer 2

 What can organizations do to prevent sexual harassment? Does the current legal environment place unfair burdens on organizations to prevent harassment? Explain why or why not using ethical reasoning and/or theory.

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