Discuss about the training brochure or online course for departmental managers relating to dealing with sexual harassment and bullying in the workplace.
Sexual harassment refers to the behavior of sexual misconduct that may occur in various settings leaving an individual feeling intimidated, humiliated, and offended. Situations that depict sexual harassment include cases where an individual is asked to take part in a sexual activity to get or retain their job (Gruber and Bjorn 2012). Such situations make the working environment to be hostile to that person and could even affect them psychologically. On the other hand, bullying is the act of using influence or superior strength in areas such as the workplace to intimidate somebody into doing what one wants. This has become a common situation in places of work, and many managers are unable to deal with it, and in some cases, they are the perpetrators. This paper contains information for departmental managers to give them insight into sexual harassment and bullying and to give them directions on what they should do in case these occurrences happen in their organizations.
Forms of Sexual Harassment
Sexual harassment in the place of work may be verbal, physical, or even non-verbal. Research conducted by (Joshi and Nachison 2006), shows that verbal sexual conduct is the most prevalent form of sexual harassment in Australia. Different actions constitute verbal sexual misconduct. First, some people constantly comment on other people’s private life, their age, and appearance in a manner that makes them feel uncomfortable and uneasy (ILO n.d.). Others provide paternalistic or condescending remarks to their fellow employees (Charlesworth et al. 2012). Other individuals insult their colleagues based on their gender, while others offer unwanted social invitations to colleagues for physical intimacy or dates repeatedly. Additionally, some colleagues keep sending sexually explicit messages to other employees using different means such as social media, over the phone, and using email (Australian Human Rights Commission 2018a). Finally, there are those who directly provide sexual advances to their colleagues even when they have openly stated their lack of interest.
On the other hand, sexual harassment using physical conduct occurs in different ways. First, some employees use rewards or threats that are sex related to solicit sexual favors from fellow employees (Hutagalung 2012). Other people use physical contact with fellow employees such as pinching and touching to show that they are sexually interested in them (Naveed et al. 2010). Others physically violate their fellow employees in different ways including assaulting them sexually in cases of disagreements (Maypole 2007). Finally, there are those who hug, kiss, fondle, or perform other inappropriate touching acts to their fellow employees.
The third form of sexual harassment is the non-verbal conduct. The actions involved in this form of sexual behavior include leering, whistling, the use of gestures that are sexually suggestive, and the display of vulgar or sexually explicit material (Gilly 2014). As departmental managers, you all need to be on the lookout for these different forms of sexual misconduct and be on the lookout for any other types of behavior that depict sexual harassment. Any conduct that is sexual that is unwelcome and unwanted by the person on the receiving end should be regarded as sexual harassment, and the appropriate action should be taken as soon as possible. As managers, you also need to realize that sexual harassment does not just occur between people of opposite sex but it can also happen between people of the same sex. What should be taken into consideration is finding out if the actions were unwelcome by the recipient.
Organizations are responsible for the well-being of their employees in their workplaces. Therefore, it is vital to deal proactively with the different cases of sexual harassment that may arise. In case the employees interact with third parties it is crucial for firms to be ready to deal with incidents of sexual harassment if they are caused by the third parties. According to a study conducted by Hersch (2015), sexual harassment is more likely to occur at social events. It may also occur in conferences, training sessions, business trips, or other meetings. So long as the company sponsors these events, then the company is still responsible for them and should provide the right measures to deal with cases of sexual misconduct and harassment.
As departmental managers, it is crucial for you to inform your subordinates that if they experience sexual harassment, they need to tell the alleged harasser that their behavior is unwanted immediately. However, studies have shown that sometimes, the victims are unable to approach their alleged harassers directly (Glicken and Robinson 2013); (Hunt et al. n.d.); (Roberts and Mann 2017). In such cases, you should inform them to report the cases specific members of staff who have the role of receiving sexual harassment complaints.
You also need to inform the victims that they are entitled to help by a counselor should they feel that they need it. The counselor’s role is to provide the victims with assistance to help them cope better with the sexual harassment. The counselors should be specially trained to deal with such cases. Studies have shown that sexual harassment in the workplace occurs mainly between superiors and juniors where people of high authority take advantage of their subordinates who in many cases fail to come forward (ITUC 2008); (Delhi 2013), (Ministry of Women and Child Development 2015). The counselors, therefore, need to help the victims to become more assertive in such cases as well as be able to cope.
You also need to inform the people who take the reports of sexual harassment how they should deal with the situation. Four main steps need to be taken in this case. First, they should record the facts of the occurrence such as the time, place, and dates. Second, they should communicate with the victim to gain insight into what they may like the outcome of the situation to be. Third, it is crucial to make sure that the victim is fully aware of the procedures that the company follows in cases of sexual harassment. Finally, it is paramount to talk about what the next steps should be in regards to the situation (United Nations OSAGI 2014). Incidentally, some employees may choose to file a formal complaint while others may prefer an informal complaint. You should also make your subordinates know that when faced with cases of sexual harassment, they can choose to file a formal complaint in case they feel that the outcome of their informal complaint was not satisfactory. In such cases, the victims should be informed that they can use the country’s legal framework to state their grievances (NWLC 2016). The victim’s choices also need to be respected in these cases, and the records of all talks about the sexual harassment incidents should remain confidential.
Once investigations are carried out; sanctions should be implemented in case one is found of having performed sexual harassment against another employee. The nature of the sanction is dependent upon the extent and gravity of the sexual offenses. Deterrent sanctions should be implemented, and they should be suitably applied to make sure that cases of sexual harassment are treated with utmost importance. The perpetrators of sexual violence should be fired immediately once it is determined that their cases are severe. Incidentally, in case they carried out physical abuse to their victims, they should be immediately fired (Hersch 2015). Other sanctions that should be applied include; suspension, demotion, transfer, reduced salaries, evaluation of adverse performance, and warnings which can either be written or verbal.
As departmental managers, you must ensure that all employees are well aware of the rules and regulations regarding sexual harassment. The staff handbook should contain this information to ensure that every employee receives a copy of the company policies in regards to this issue. You should also train all recruits on these policies as part of their company orientation process. There should also be annual training to remind employees of company policies about sexual harassment continually.
You also need to provide reports about the number of sexual harassment cases, how the issues were dealt with, and provide recommendations on how to deal with future cases or reduce the number of incidences based on your personal experience. This will aid in showing how the current policies are improving the situation and highlight changes that need to be made in the future. Data analysis should, therefore, be carried out to determine the effectiveness of different strategies and consequently make the workplace more conducive. It is vital to look at the code of practice on sexual harassment at work in a bid to improve the procedures that deal with sexual harassment in your departments.
Another prevalent issue in many places of work is bullying. Workplace bullying refers to the unreasonable and repeated behavior that is usually directed to an employee or a group of employees and risks the victims’ safety and health (Worksafe 2012). Bullying can end up adversely affecting both the physical and mental health of its victims. As departmental managers, you have a role in preventing bullying from happening in your departments, and should quickly respond if it occurs. There are three major types of bullying. These include cyber, physical, or verbal harassment.
Examples of the different forms of bullying include the use of obscene or aggressive language from one employee to another, intimidation, the damage to an employee’s reputation by a colleague by the use of rumors or gossip, and isolation and social exclusion of individual employees (Australian Human Rights Commission 2018b). In some cases, senior employees bully their subordinates by continually requesting them to perform impossible tasks or achieve targets that are way out of their reach. Other employees withhold crucial information from their colleagues that is vital to their job while others interfere with an employee’s work equipment or personal property.
The Expert Advisory Groupon workplace bullying stated in 2005 that bullying is an issue that is continually increasing in places of work (Magee et al. 2014). This shows that it is crucial for you to take a close look at this issue and target to reduce and even eradicate it if possible. It is vital for you to deal with bullying cases immediately they are identified or reported because the longer they the bullying goes on, the harder it is to mend the organizational working relationships (Australian Human Rights Commission 2018a). Additionally, if bullying goes on for an extended period, this increases the risks to both safety and health of the company employees.
Bullying in the place of work can adversely affect the mental health of the victims seriously. It can cause emotional exhaustion, psychological distress, and depression (Joshi and Nachison 2006). This may cause the company’s productivity to go down as the victims take numerous sick leaves and their motivation levels diminish. Additionally, the productivity of the other employees may also decline since they may be overwhelmed by increased workloads as they try to perform the roles and responsibilities of the absent employees.
It is therefore paramount for organizations to implement measures that will manage and control the risks associated with bullying and continually review their effectiveness annually or bi-annually to ensure that they work optimally. Organizations should set workplace behavioral standards that should be strictly complied with. In this case, there needs to be a workplace bullying policy or code of conduct that governs the way employees behave as they interact with each other. There should also be professionals who are put in place for employees to report any bullying cases and the response procedures should be well documented to avoid any confusion and ensure an immediate response. Additionally, there should be safe systems that clearly define the jobs of all employees and workers should be provided with the training, information, and resources that they require to carry out their responsibilities safely.
As departmental managers, you need to provide steps to your subordinates on how they can deal with workplace bullying. First, they should stand up to the bully, and if they are unable to do so, they should report to the necessary people immediately and provide all details in regards to the bullying. After filing the report, investigations would be carried out quickly, and if the alleged bully is found guilty, the company should respond based on the seriousness of the accusations while taking into account the feelings of the victim. In case the employee feels that the outcome is unsatisfactory, they can report to the Australian Human Rights Commission that investigates bullying cases (Norman 2015). As managers, you should know that the employment equality acts of 1998 to 2015 expects employers to prevent bullying in places of work (Government of South Australia 2017). Therefore, you need to take measures to stop bullying at work and create a culture of respect among the employees.
In conclusion, it is clear that sexual harassment and bullying are prevalent in the workplace both in Australia and in other parts of the world. It is, however, the role of organizations to keep their employees safe. Therefore, as department managers, it is crucial for you to enforce policies that protect employees from these problems and provide them with the justice they deserve if they are victims of the issues. That way, employees will be motivated to work and organizations will become more productive.
References
Australian Human Rights Commission (2018a) Good practice, Good Business; Eliminating discrimination and harassment from your workplace. Australian Human Rights Commission, pp.1-3 [online]. Available from: https://www.humanrights.gov.au/sites/default/files/document/publication/AHRC_2017_ChangeTheCourse_UniversityReport.pdf [accessed 28th May 2018].
Australian Human Rights Commission (2018b) Workplace discrimination, harassment, and bullying. Australian Human Rights, pp. 2-5 [online]. Available from: https://www.humanrights.gov.au/employers/good-practice-good-business-factsheets/workplace-discrimination-harassment-and-bullying [accessed 28th May 2018].
Charlesworth, S., Paul, M., Anthea, W., Tina, G. and Alissa, L., (2012) Formal Complaints of Workplace Sexual Harassment Lodged with Australian Human Rights and Equal Opportunity Commissions. University of South Australia, pp. 20-34.
Delhi, N., (2013). The sexual harassment of women at the workplace prevention. Ministry of Women and Child Development Notification, (19)2, pp. 10-15.
Funny, Z.I. (2012) International Congress on Interdisciplinary Business and Social Science 2012; Sexual harassment: a predictor of job satisfaction and work stress among women employees. Procedia – Social and Behavioral Sciences. 13(2), pp. 18-25.
Gilly, M.C., 2014. Sexual Harassment at Work: Your Legal Rights in Pennsylvania. Women’s Law Project, pp.1-5.
Glicken, M. and Robinson, B. (2013) Sexual Harassment in the Workplace. Treating Worker Dissatisfaction During Economic Change, pp.59–79.
The Government of South Australia (2017) Dealing with Workplace Bullying Practical Guide for Employees.Ministry of Women and Child Development, pp.10-58
Gruber, J. and Bjorn, L. (2012) Blue-Collar Blues. Work and Occupations, 9(3), pp.271–298.
Hersch, J. (2015) Sexual harassment in the workplace. Evidence-based policy. 26th July, pp 17-34
Hunt, C., Marilyn D., Sandra F. and Hegde H. (n.d) Sexual harassment in the workplace: a literature review. Manchester Business School, pp 10-25
ILO. (2012) Fact Sheet – Sexual Harassment at Work. International Labour Office; Declaration on Fundamental Principles and Rights at Work. 2(1), pp. 1-7.
ITUC, G. (2008) Stopping Sexual harassment at work Respect Dignity Rights Equality Protection. A Trade Union Guide, pp.1-22.
James, O. (2015) An Analysis Of Cases At The Employment Appeals Tribunal Under The Unfair Dismissal Acts 91977-2007). Bullying in the Workplace; ABC, National Anti-Bullying Research and Resource Centre, Dublin City University, pp. 25-32.
Joshi, J. and Nachison, J. (2006) Cigar Gender Program Sexual Harassment In The Workplace How To Recognize It; How To Deal With It A Guidelines Paper. Cgiar Gender Program, 6(7), pp.17-20.
Magee, C., Gordon, R. and Reis, S. (2014) Workplace Bullying in Australia, Macquarie University, pp. 2-15.
Maypole, D. (2007) Sexual Harassment at Work: A Review of Research and Theory. Affilia, 2(1), pp.24–38.
Ministry of Women and Child Development (2015) Towards new dawn. Handbook on Sexual Harassment of Women at Workplace for Employers / Institutions / Organisations/ Internal Complaints Committee / Local Complaints Committee (Prevention, Prohibition, and Redressal) Act, 2013, pp. 1-56.
Naveed, A., Tharani, A. and Alwani, N. (2010) Sexual Harassment at Workplace: Are You Safe? J Ayub Med Coll Abbottabad, 22(3), pp.3-15.
NWLC (2016) What Is Sexual Harassment? Nation’s Women Centre, pp 1-5.
Roberts, B.S. and Mann, R.A. (2017) Sexual Harassment in The Workplace. Primer, 22(6), pp. 1-3.
United Nations OSAGI (2014) What is Sexual Harassment? OSAGI Sexual Harassment, pp. 1-2.
Worksafe (2012) Your guide to Workplace bullying – prevention and response. Worksafe, pp. 10-13.
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