Sexual Harassment from a Human Resources Management Perspective - Essay Example

Running header: Sexual Harassment in the workplace Student’s name: Instructor’s name: Subject code: Date of submission: Introduction In modern times, social issues have been of paramount importance in the study and application of human resources management as well as organizational behavior. Organizations should take advantage in their workforce in building and making themselves stronger and competitive in the modern business environment(Bimrose, 2004). Of the several issues concerning workers’ diversity that have been of great concern in the field of human resources management is the issue of sexual harassment in the work place. HRM concerns itself with enhancing productivity of the organization as well as nurturing the organization’s workforce. Therefore, sexual harassment issues have become an area of concern from an ethical point of view to be tackled by HRM. Sexual Harassment from a Human resources management perspective Sexual harassment entails a number of illegal and discriminatory actions which may range from unwelcome sexual advances as well as verbal conduct which is sexual in nature thus creating an abusive and hostile working environment. According to the equal employment opportunity commission, sexual harassment entails any unwelcome sexual advances including requests for sexual favors as well as other physical and verbal contact of sexual nature (Hershcovis and Barling, 2010). Furthermore, submission to such conducts is made a term of an individual’s employment either explicitly or implicitly. Rejection of or submission to such conduct by the employee is used as a basis of making decisions regarding the employee. In addition, such a conduct unreasonably affects and interferes with the employee’s performance as it gives rise to a hostile and offensive working environment. Sexual harassment is therefore a form of discrimination which violates title (VII) of the USA’s civil rights act. Sexual harassment in the workplace occurs in a number of scenarios. As such, once the victim makes a complaint to relevant human resources officers, a supervisor or even a fellow employee, immediate action should be taken to investigate the charge. Sexual harassment in modern working environment Unlike in the past when sexual harassment mainly entailed opposite sex sexual harassment, the understanding of sexual harassment in modern times has greatly broadened. Workers should therefore be able to recognize and understand three major types of sexual harassment in order for them to take appropriate action whenever they fall victims. a) Female-Male sexual harassment This is the most common type of sexual harassment in the workplace and includes both male-female and female-male sexual harassment. In this respect, harassment may be visual, verbal or physical (Ellen, 2010). However, traditionally male complaints of being sexually harassed have been fewer compared to those by women mainly because men are always reluctant to air their discomforts owing to social norms and stereotypes. b) Same sex sexual harassment This form of sexual harassment was declared unlawful by the Supreme Court in 1998. It can be verbal, visual or physical. It is worth noting that same sex sexual harassment can occur regardless of the harasser’s sexual orientation and therefore it does not have to be for purposes of sexual solicitation. For instance, the shift in legislation in 1998 was prompted by a heterosexual male who was being harassed by other heterosexual males in order to tease him about his body build and masculinity but not for sexual purposes. c) Non traditional settings sexual harassment Sexual harassment in non traditional settings include outside office scenarios including business trips, restaurant visits, offsite meetings, the internet and other settings outside the work place (Dekker and Barling, 2008). The federal and state governments have enacted legislation to shield individuals from cyberstalking (unwanted advances via the internet). In this case any inappropriate photos and distasteful emails could be considered internet sexual harassment. In addition, it is important for workers to note that any person connected to the employee’s working environment could be a source of sexual environment. As such, the harasser can be the employee’s manager, supervisor, manager, supplier, coworker or vendor. The victim of the sexual harassment is not only the employee targeted for the harassment but also other employees who observe and even learn of the sexual harassment episodes could also fall victims of harassments and therefore institute charges against the perpetrators. Whoever is gets affected by such conduct should take action and file a complaint on sexual harassment. Minimizing sexual harassment in the work place The law places the burden of preventing sexual harassment in the workplace on the employer. The employers are charged with the responsibility of providing the workers with a working environment which is non discriminatory and free of sexual harassment. It is therefore the employers’ responsibility to take all reasonable steps to prevent and deal with any form of sexual harassment in the workplace so that the worker is able to do his work without feeling intimidated. It is however worth noting that the preventive strategies and plans adopted by organizations against sexual harassment require the input of all concerned parties (employers and employees) for them to be successful. Such strategies should therefore reflect the commitment of all parties concerned in fighting, preventing and minimizing sexual harassment in the work place. This should be reflected in a written organizational policy on sexual harassment that is developed by both the employer and the employee. As such, although the employee is charged with the responsibility of ensuring there is no sexual harassment in his organization, it is clear that employees also have a great role to play in minimizing and preventing sexual harassment in their work place. Furthermore, no employee would want to become a victim of sexual harassment and hence they should take deliberate steps in ensuring that they minimize and prevent sexual harassment incidences in their working environment. What employees can do to minimize and prevent incidences of sexual harassment in the workplace? As stated above; although it is the responsibility of the employer to provide a non-discriminating and non violent working environment, employees also have a vital role in preventing and minimizing sexual harassment in the workplace. Some of the steps that employees can take in this respect include the following; a) Understanding the organization’s policy on sexual harassment Sexual harassment policies usually define what sexual harassment is in details as well as the potential victims of sexual harassment. It also states the organizations stand against sexual harassment as well as acts that can contribute to sexual harassment. In addition, the policy outlines the preventive measures that both the employer and the employees should adopt in minimizing incidences as well as reporting, investigative and collective procedures to be taken by the organization incase of a sexual harassment incidence. As such, employees should make deliberate efforts to obtain and familiarize themselves with the organization’s policy on sexual harassment (Richard, 2002). It is on this basis that one should reexamine his/her feelings, behaviors and attitudes as regards sexual harassment. This will help the employee in aligning his/her behavior to the expectations as well as behavioral requirements of the organization’s policy on sexual harassment. This can be of great help in helping the employee in avoiding becoming a victim or being accused of being a harasser. This will effectively minimize sexual harassment incidences in the work environment. b) Being observant Having familiarized himself with the policy, the employee should be aware and conscious and avoid engaging him/herself in incidences and behaviors which could turn out to be sexual harassment incidences (Fred, 2011). He/she should also be conscious of individuals who may become offended by verbal and non verbal behavior of other people in addition to familiarizing him/herself with subtle forms of sexual harassment. In addition, the employee should make deliberate effort to watch for and discourage sexual behaviors that could affect work negatively. c) Examine It is important for one to pay attention to the response of others in a bid to avoid unintentional offences. Workers should not assume that their co-workers enjoy sexually oriented comments on their appearance or being touched and even being positioned for dates or being asked for sexual favors (Fred, 2011). As such, they should examine their behaviors, comments and gestures and always ask themselves whether the behaviors could be knowingly or unknowingly encouraging sexual harassment in the organization. In addition, workers should not take sexual harassment lightly and if one thinks that he/she is being sexually harassed, he/she should not assume it for a joke but should let the harasser be aware that he/she does not enjoy and is not interested in such type of attention. d) Confronting the situation The employee should confront the harasser or the potential harasser and inform him/her that his/her behavior is offensive and that the behavior affects your work negatively (Dekker and Barling, 2008). The worker should then take the opportunity to inform the harasser of other behaviors such as gestures, which he/she finds offensive. e) Support for victims If you become aware of a coworker who is being sexually harassed, you should offer her/him your support by encouraging him/her to talk about it and take immediate remedial action (Rebecca, 2007). When such a victim files a complaint, you should support him/her through the complaint process. . How should employees respond if they experience or observe harassing behavior? How an employee responds a sexual harassment crisis will greatly depend on his/her personality as well as the circumstances surrounding the whole scenario. Moreover, this will depend on the organization’s policy regarding sexual harassment. Note that many harassers continue harassing their victim as long as they can. Therefore, unless one of the parties get transferred or stop working in the organization or if the victim takes an appropriate action, the harassment is likely to continue. However, there are several strategies as well as legal avenues available to an employee that can aid in ending the uncalled for harassment (Charles, 2009). However, the severity of harassment will determine the kind of action taken by the victim. However, it is important that an employee who is sexually harassed takes a remedial action both for his/her sake so that he/she can be able to concentrate on his/her work without affecting his productivity and also for the sake of his/her co-workers who may also fall victims of such acts. In other words, the action taken will go a long way in discouraging sexual harassment acts in the organization in future. The following are some of the steps that an employee should take if he/she experiences or observes harassing behavior depending on the magnitude of the acts. a) Reporting or talking out Whether it you or a co-worker who is being sexually harassed, it is necessary to report the issue according to the organization’s policy so that investigations can be carried out and remedial actions taken on the perpetrator. You can decide to talk to the employees relations officer or even your manager or supervisor who will advise you and even offer counseling services to the perpetrator in a bid to prevent future occurrence(Charles, 2009). This is because at times the perpetrator may not even be aware that his/her actions constitute sexual harassment. b) keeping records It is important for one to keep accurate records regarding the incidents constituting sexual harassment including specific dates, places, times, witnesses and the action you took in response as well as the harasser’s response (Kimbe, 2008). The records are important since they will act as evidence in case the situation gets out of hand and a greater step has to be taken. c) Informal resolution This may include an assertive response to the perpetrator and is deemed as the most effective way of ending sexual harassment. Make the harasser aware of your dissatisfaction with his behavior and order him to stop. This may be done verbally in which case it is important to have a witness and records kept. If the communication is through writing, you should keep a copy for evidence purposes (Kimbe, 2008). Another informal resolution strategy may involve talking to your supervisor or another manager since managers have a duty of providing an enabling working environment free from sexual harassment and taking corrective actions should sexual harassment occur. As such, you should discuss the situation with the supervisor or a person of higher authority and seek their help in resolving your situation. d) formal resolution In an organization with strong policies on sexual harassment, the three options outlined above should effectively resolve your situation. However, if the outcome is not satisfactory, or if they are unworkable in your situation, the following legal options can be pursued. i) Complaint procedure This option is available to all employees whether bargaining or excluded. The complaint should be done in writing through forms to be obtained from the human resources manager who on its receipt should form an investigative committee comprising of employees from various departments and agencies with the responsibility of investigating the filed complaint (Petrocelli, 2009). The committee will then determine the appropriate action to be taken against the harasser on conclusion of their investigation and their decision will be communicated to both the parties. This should end the sexual harassment. ii) Grievance procedure This procedure is only available for a bargaining unit and an employee aggrieved may file a grievance concerning sexual harassment according to the terms provided by your collective agreement terms (Petrocelli, 2009). e) external resolution If the above options do not yield satisfactory results, one can file a complaint to the human rights commission or to the local police authorities in cases where unwanted physical contact constitutes a sexual assault (Hershcovis and Barling, 2010). Conclusion With the unethical practices being on the rise in today’s corporate world, it has become difficult though not impossible to combat them. The government has provided legal means of addressing the issues. The duty of ensuring that sexual harassment incidences are minimized and that remedial measures are taken has therefore been placed on the human resources department (Dekker and Barling, J 2008). However, it should be the duty of everyone to take appropriate measures that will ensure that the battle against sexual harassment in the organization is worn. As such, employees should take deliberate measures to minimize sexual harassment incidences in their work areas. In so doing and with the support of the management, the battle against sexual harassment in the workplace will eventually be won. References: Bimrose, J2004, Sexual Harassment in the workplace: An ethical Dilemma for Career Guidance Practice? British journal of Guidance and Counseling, Vol. 32 no. 1 pp109-121 Hershcovis, M & Barling, J2010, Comparing victim attributions and outcomes for workplace aggression and sexual harassment, Journal of Applied Psychology, Vol. 95, no. 5 pp874-888. Ellen, J2010, Sexual Harassment in the Workplace: How to Prevent, Investigate, and Resolve Problems in Your Organization, London: Rutledge. Dekker, I& Barling, J 2008, Personal and organizational predictors of workplace sexual harassment of women by men, Journal of Occupational Health Psychology, vol.3, no.1, pp.7-18. Richard, L2002, The fit and implementation of sexual harassment law to workplace evaluations, Journal of applied psychology, vol.87, no. 4, pp.747-764. Fred, L 2011, Organizational Behaviour: Ethics and Ethical Behaviour in Organizations, Oxford, Oxford University press. Rebecca, A2007, Preventing Sexual Harassment in the Workplace, Training and Development, vol.46, no. 2, pp.50-53. Charles, W2009, Routine Activities and Sexual Harassment in the Workplace, Work and Occupations: An International Sociological Journal, vol. 26, no. 1, pp.21-49. Kimbe, E2008, Safeguard against Sexual Harassment, Academy of management Journal, Vol.5, no. 2, pp.45-58. Petrocelli, W2009, Sexual Harassment on the job, Academy of management perspectives, vol.14, no. 8, pp.78-92. Read More