HRMorning.com » Answers to tricky HR questions: No. 1 cause of sexual-harassment lawsuits?

Answers to tricky HR questions: No. 1 cause of sexual-harassment lawsuits?

May 11, 2009 by Jim Giuliano
Posted in: Answers to tricky HR questions, Behavior, Complaint investigation, HR Training, In this week's e-newsletter, Latest News & Views, Sexual harrassment, Supervisors


Our team of experts fields real-life everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: What’s the No. 1 thing we can do to prevent sexual-harassment complaints in our workplace?

Question:
We’re trying to prioritize our training on preventing sexual harassment. Can you give us an idea of where the biggest problem spot is for most companies?

Answer:

Of the roughly 5,000 sex-harassment complaints filed with EEOC last year, the majority of them were based on supervisors’ not responding to initial complaints. That comes from HR consultant Hunter Lott, who’s done harassment-prevention training for firms such as Anheuser-Busch and FedEx-Kinko’s.

Most firms get into trouble because supervisors don’t take complaints seriously, so employees feel forced to go outside the company to get someone to listen to them.

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16 Responses to “Answers to tricky HR questions: No. 1 cause of sexual-harassment lawsuits?”

  1. David Saroff Says:

    If a woman cries “Sexual Harassment”, HR drops their pants to attend to the issue. If a man even mentions being harassed by a woman or a gay male, he gets snickers and then criticism.

    If a woman has advanced through her sexual exploits with really dumb men, and she gets called out for the truth, she will always cry sexual harassment. If a woman specifically dresses in a revealing way and a man reacts, it is sexual harassment.

    There are legitamate claims of sexual harassment out there but unfortunately the waters have been muddied.

  2. KP Jenkins Says:

    I beg to differ. Having been in HR for 25 years, I can agree that it may have been the norm 10 to 15 years ago, but I think for the most part, companies are more sophisticated now.

    My experience is that all complaints are treated equally and investigated with an equal amount of respect and desire to determine if there has been inappropriate behavior and to deal with it in a professional manner. The possible liability for the company is much too great to treat it any other way.
    Being female, I resent the implication that women are crying sexual harassment as a cover up for inappropriate behavior. This may be an occasional exception, but it most certainly is not the rule.
    Dress standards should be determined by the company and followed by all employees. If someone wears revealing clothing (by your standards) it is not an advertisement to invite reaction of any sort by male or female co-workers. If an employee is wearing revealing clothing that is creating an environment where a co-worker feels it affecting their ability to do their job, they should bring that to HR, not “react” as you put it.

  3. Dawn Says:

    Great response KP, I agree 100%

  4. R. B. Says:

    I agree with KP. Maybe 15 years ago David’s allegations would be more the norm, but since that time, thanks to a great deal of training and educational material made available to HR professionals, as well as case law to guide us, most of us in the field are well aware of the consequences of not responding quickly and thoroughly to any and all sexual harassment or harassment complaints. There is too much at stake to do otherwise.

    I do, however, think it is unfortunate that supervisory personnel not responding to employee complaints is the biggest reason for initial complaints being filed with the EEOC. I’m getting ready to do some training in this area, so am especially going to stress the critical nature of letting HR know when any complaint has been lodged so it can be addressed properly. We all have to work together and this article is a reminder of how costly the failure to do so can be to the company.

  5. Essie Says:

    Bravo KP, Dawn & RB!

  6. David Saroff Says:

    I come from a family of very strong women and as such am strongly against the glass ceiling, salary discrimination, etc.

    The assumption that conditions which existed 10 – 15 years ago do not exist to today because of employee and management training sessions provided by HR is unfortunately ludicrous. Personally,
    I wish that were the case.

    Harassment, false harasment claims and other unfortunate work place behaviors are alive and well.
    Supreme court ruling more recently have made harassment claims more difficult to prove. As such, people then turn to the court of public comment when the law does not work for them.

    HR policy is well intentioned but very rarely actually implemented. With the arena of extreme political correctness, if a lesbian was continually to forward to a straight female, that case would be very difficult to pursue. Where as standard male on female harasment will get HR’s attention most of the time.

    We have a long long way to go before the ideal which I share with you, will even come close to being a reality. Have some frank conversations with college and high school kids and you will discover that as a society we have gone backwards in this area .

  7. Chris Davis Says:

    “H/R drops their pants”? Interesting choice of words considering the subject matter.

  8. Tony V, CPA Says:

    I agree with David – In my opinion, female HR people make it these harassment situatuions worse. all too often, the “victims” bring on their own problems by dressing provacatively, and flirting. When a man flirts back – it’s harassment! Shame on us for reacting. Women managers can’t take the truth asa they are always checking each other out. Not once in my career have I ever seen a female HR “enthusiast” send a female worker home for underdressing and showing too much cleavage or booty. I’ve seen it all. Nothing was different 15 years ago, when most of these HR “Professionals” were playing with their barbie dolls. Sorry ladies. You go David!

  9. MW Says:

    I agree with David. We kid oursleves that things have improved so much. At time subtle, and at other times overt double standards exist. This is congruent with other areas we claim to have come so far as a society in. PC run amuck.

  10. Lynn Says:

    I am absolutely incensed that David, Tony and MW are so blind that they can’t see what changes have been made in the last 10 years. I am a female and I have been an HR professional for many years. Harassment is harassment, whether male, female or cross-gender and they are all treated with the same fairness and discretion. When I began my career 20 years ago, most of the sexual harassment complaints were either handled casually or ignored unless there were witnesses. Our company has a dress ploicy and I have had to ask both male and female workers to change their clothes because they were too revealing. We have had to investigate all kinds of harassment, from male to female, female to male, male to male and female to female. I don’t where you have been for these years, but it’s time that you got your head out of the sand and really looked at what’s been happening. We have made great strides in making the workplace a better and safer environment. We may have a long way to go yet, but please don’t lump all of us together.

  11. Chris Davis Says:

    Tony,
    You might want to stop generalizing about female managers. Throwing all of them into the same category just confirms their greatest concerns. Maybe you haven’t had a good experience with women in supervisory position but maybe it is because you are approaching it so negatively. I work for a place where 50% of the leadership is female and amazingly enough we make it work.

  12. Brian Says:

    I couldn’t agree more KP. I’ve been doing this HR gig for 30 years now. Needless to say I should have written a book by now. The stories I could tell from 30 years ago until now. Things have certainly changed in the last 10-15 years but the stupidity of employees never cease to amaze me. That’s why we in HR will always have jobs!!!

    —Brian

  13. denise Says:

    I am a female HR Manager and I have sent more than 1 female employee home for innapropriate attire. David needs to wake up and get real.

  14. David Saroff Says:

    I am saddened that neither female torch blazers or indignant males responding to my comments did not take the time to read the complete text of both my comments. I believe in the ideal regarding HR policies but I am realistic about our progress (society as a whole) towards these ideals.

    The discussion of the last 10 – 15 years of progress is interesting to read and to some extent I am pleased that even my misread thoughts have sparked such a diverse and thoughtful discussion.

    We are human beings. Men and women are two different sub species. Add in the Gay alternatives and the soup of humanity gets really interesting. Each one of us is never going to be 100% comfortable with every conversation heard or thought expressed. With the exception of extreme thoughts , I would rather that people around me feel comfortable to express themselves and therefore create a productive environment versus a atmosphere of fear which is the result of obsessive political correctness.

    The HR policy manual is getting thicker and work place reality is getting more confusing as the behavior contradicts the policies more frequently.

  15. Jane Doe Says:

    I had some poems that i had written over time hanging in an inconspicuous area of my workspace. No names were mentioned, no titles, no nothing. I was gone one Friday. My boss evidently went through those poems because the following Monday i was accused of sexual harrassment against HIS boss, also a man. They both proceeded to write me up and put this accusation and form into my personnel file. There was no investigation done, nothing. I was accused, judged and sentence issued by my accuser and supposed victim. I’m a woman.

  16. Male Matters Says:

    For an answer to most of the questions posed here — and in the hopes of mitigating the gender divisiveness created by the issue — I recommend:

    “The Sexual Harassment Quagmire: How To Dig Out” at http://battlinbog.blog-city.com/the_sexual_harassment_quagmire_digging_out_with_true_equali.htm

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