|
It's been more than a decade since a now-famous
subordinate accused her even more famous boss of
asking her for dates, making sexual comments in
the workplace and describing pornographic videos.
But 11 years after the Clarence Thomas/Anita Hill
hearings made headlines and brought the controversial
issue of workplace sexual harassment to the fore
of the nation's consciousness, it's debatable whether
much has actually changed in the workplace.
Derogatory remarks. Offensive jokes. Suggestive
language. Demands for sexual favors. Groping and
inappropriate touching. Actual physical assaults.
These still occur in business everyday.
"It's still a major problem in the workplace,"
said David Grinberg, a spokesman for the Equal Employment
Opportunity Commission. "At the same time,
victims are also more likely to come forward because
they are more aware of their rights."
Companies are still dealing with the aftermath
of the Thomas/Hill hearings the flood of
individual sexual harassment suits that followed.
"If customers are choosing
between two people to do business with, and
one of them makes comments that are offensive
to them, they are not likely to partner with
them or give that person their business."
Jonathan Segal, frequent author on workplace
discrimination |
Complaints have more than doubled in the past decade
to a current 15,000. Most continue to be filed by
women against men, but more men (14% of all suits)
are also complaining
usually against other men for sexually harassing,
bullying or hazing them at work.
How to deal with the torrent of complaints unleashed
by the Thomas/Hill hearings? First, more companies
need to draft strong sexual harassment policies
(See Sidebar Story). They also need a real commitment
to following through on investigating complaints,
and they need to train their employees about their
rights and responsibilities. They also need to educate
their supervisors so that they understand harassment
and their role in preventing it.
A strong anti-sexual harassment program can help
companies avoid millions in federal fines (about
$55 million per year) and millions more to settle
lawsuits. It can also improve their chances for
retaining their best employees and reduce the likelihood
of offending customers who might be put off by inappropriate
behavior or language at a sales meeting, for example,
a convention or business dinner.
"Even if there were no laws, companies would
have to be crazy not to do anything to prevent harassment,"
said Jonathan Segal, a partner in Wolf, Block, Schorr
and Solis-Cohen LLP in Philadelphia.
Some employees who are subjected to or witness
sexual harassment may decide not to report the incidents
to management.
"Instead, when the opportunity arises, they
will leave and take their contacts with them,"
said Segal, who also frequently writes for the Society
for Human Resource Managers.
Clients and customers, meanwhile, may seem to laugh
off a derogatory gender comment at a business dinner
or an off-color joke at a sales meeting, Segal said.
"But many people are very conscious of who
they give their money to. If customers are choosing
between two people to do business with, and one
of them makes comments that are offensive to them,
they are not likely to partner with them or give
that person their business," he said.
Ultimately, training employees and their supervisors
about their rights and responsibilities is critical
to any good anti-sexual harassment program.
"What you hear often in the courtroom is supervisors
testifying that they 'didn't
do anything'" to deal with a sexual harassment
situation. That, unfortunately, is the whole key
to the problem.
"In the eyes of the law, if a supervisor hears
someone tell an inappropriate joke, but says nothing
in response, it's as if that supervisor told the
joke," Segal explained. "Supervisors need
to understand that they must
respond proactively
to the inappropriate behavior."
Training can also help a company in a number of
other ways.
"If you do anti-harassment training right,"
he said, "teaching people how to express themselves
in non-confrontational but direct ways to get their
needs met, it can spill over into other areas and
really provide conflict resolution."
|