Answer to Question #259011 in Management for AvatarTintin

Question

Jane Doe is a software developer who is employed at a software company. As part of her role, she is usually deployed at client sites. Currently, she performs her job on the client-side. 

 

In the last two months, the client company employees have been hostile to her during meetings. She is made to sit in the office late despite completing her job and filling her timesheet. On numerous occasions, she has been yelled at. Some employees had insisted on taking her out for private dinner but after declining those, her performance has been rated below average. Hence, she reported this to her employer, who has brushed aside her concerns stating that the issue does not concern employees of the company in which she is employed and that this may be an excuse for her 'below performance' rating. 

a. Do the facts and the actions described above constitute harassment? If yes, under which law?

b. To whom can this harassment be reported, and how should such reporting of harassment be dealt with? 

Answer 1

a. Do the facts and the actions described above constitute harassment? If yes, under which law?

Yes, these facts and actions are considered as sexual harassment. Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promise of rewards in exchange for sexual favors. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault. Sexual harassment violates Title VII of the Civil Rights Act of 1964. 

b. To whom can this harassment be reported, and how should such reporting of harassment be dealt with? 

This kind of harassment can be reported to;

• The management and ask that something be done to stop it. Report the harassment to a person with decision-making authority. If the employer has workplace sexual harassment complaint procedures, follow them. Try to make the complaint in writing. If possible, have a trusted witness present when making the complaint. Try to get some proof that the employer actually received the complaint and the date and time the complaint was made (for example, ask the employer to confirm in writing that they received the complaint). Keep a copy of the complaint.
• If the complainants are represented by a union, they can report the discrimination to their union and ask that they investigate and take appropriate action on their behalf.
•  In circumstances where the person who is sexually harassing the employee is the owner of the company, employees can still protect their legal rights and take steps to put themselves in the best position to move beyond this harassing workplace, such as documenting the harassment and filing a charge of discrimination with the EEOC. They might also need to threaten credible legal action before such an employer will take them seriously.

There are steps that can be taken by the government, employers, and employees to combat these problems and accomplish meaningful change. But, it requires intentional, consistent, and comprehensive efforts to target illegal conduct, change workplace culture, and establish a new normal. Below are some of them;

• Show leadership through zero-tolerance

Eliminating any form of harassment must begin with leadership from the very top of an organization to make clear that such conduct is neither tolerated nor acceptable. This means backing words with clear measures of accountability and transparency about process. 

• Establish equality as a core principle

A commitment to equality should be a foundational principle for every workplace to firmly establish that everyone deserves equal treatment and an equal chance to succeed. Sexual harassment undermines this core principle by interfering with an individual’s employment for reasons other than their ability to do a particular job. 

• Vigorously enforce the law at all levels

Enforcement agencies charged with investigating and resolving sexual harassment complaints must have the necessary infrastructure and resources at their disposal to do their job, such as a full complement of staff to investigate cases, access and analyze data, and seek resolutions to ensure compliance with the law. 

• Empower workers

Individuals who experience sexual harassment must have an ability to fight back, with the support of robust processes within the workplace that have teeth and result in meaningful consequences when misconduct occurs. This means that workers must be able to invoke policies and internal complaint mechanisms that take claims seriously and ensure they are investigated without retribution, retaliation, or derailing workers’ careers.

Reference

Franke, K. M. (1996). What's wrong with sexual harassment. Stan. L. Rev., 49, 691.