for managers, handling a harassment complaint involves

Here are a few examples based on research by Frank Dobbin and Alexandra Kalev and the 2018 sexual harassment solutions tool kit created by the bipartisan think tank New America: Such new-school approaches to addressing harassment prove worthwhile, particularly because they give employees options for resolving the matter. A supportive supervisor wouldnt want you to suffer in silence, and good colleagues wouldnt want you to take one for the team by saying nothing. 2. How are you involved in this formal resolution process? However there are still two more crucial things to do! Example If you have five coworkers, four male and one female, telling "blonde jokes," and none of the employees finds them offensive, hostile, or abusive, the conduct is not harassment. Identify the business and human rationale for promoting and smoothing the way to restoring the workplace. The test looks at, among other things, whether the employee was adequately warned and whether the allegations were investigated in a fair and objective manner. It also has significant drawbacks: It does not help reduce sexual harassment, because the many redundant hurdles discourage people from reporting. Carrying out managerial duties where the direction was carried out in a respectful and professional manner. . Informal responses include behaviors that try to address the problem without filing an official complaint. 1. Know WHAT constitutes a complaint and err on the side of caution if you are unsure. Another useful post-investigation tool is to solicit employee feedback about whether the team is comfortable routinely raising concerns or if there are any broader concerns they may have with respect to their work environment vis a vis climate assessments and surveys. Restoring the workplace can be facilitated by ensuring a sensitive process of re-integration, choosing an appropriate process to bring the group back together again, and creating a feedback and learning loop. Individuals in the group may also require support to deal with this situation. Following a harassment investigation, it is worthwhile for the manager of the team involved to partner with HR to assess the workplace environment to see if there are opportunities for improvement that will prevent these types of issues in the future or to address any other issues uncovered during the investigation. If necessary, hire a third party to conduct the investigation. When it is time to leave, Mike, who had too much to drink, tells Louise, the designated driver, where to go by using profane language. .2 Understanding Harassment . 3. You will not receive a reply. union representative, Harassment Prevention advisor, Employee Assistance Program counsellor, Informal Conflict Resolution practitioner, etc.). Once completed, and after working hours, the team decides to go to the local pub. According to the Equal Employment Opportunity Commission (EEOC), harassment can include "offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or. Manager is the Complainant or the Respondent. Both parties are entitled to their perception. Do the parties need to be separated (physically, operationally or both)? Invasion of personal space (getting too close for no reason, brushing against or cornering someone). Post-Investigation 11. Intimidation, threats, verbal abuse, blackmail, yelling or shouting. Facts About Sexual Harassment. Provide information on how to communicate in an effective and healthy manner in the workplace. After the female HR director apparently helped Ulterior Motive Mentor cover up his misconduct, and when I wouldnt drop the matter, my contract wasnt renewed. To successfully do this, a manager must be able to navigate company policies, human emotions, and legal landmines. Ask questions such as, What happened? or Can you give me an example of some of the things Y has said to you? If the behavior described potentially implicates any company policies or you are not sure if a policy violation is at issue, escalate these concerns. First, you need to ensure that you follow up on the situation in order to ensure that harmonious working relationships have been established or re-established. Constructive criticism about the work mistake and not the person. Please note that one single incident can constitute harassment when it is demonstrated that it is severe and has an important and lasting impact on the complainant. It is also important to consider the working relationship between the two parties. One of the most common reasons for an employee to decide to initiate the formal resolution process of a harassment complaint is due to poorly managed or unmanaged conflict. 5. Determine what would be appropriate to share with the group. Unfortunately, despite these and other known shortcomings, many employers still offer only the old-school approach. Sexual Harassment Intake Form. Confidentiality is an important factor that influences the participants' trust and confidence in the resolution process. The goal is to make the harassing behavior stop. If needed, plan how you will do this either with your support person, or with an expert. there is evidence of bad faith on the part of the complainant indicating an intention to mislead or if there is the presence of ill-will. It is meant to work with you and for you as you go through this situation. Ensure proper record keeping so that no documents relating to the formal process are placed in the personnel file of either party, other than a disciplinary letter in the file of an employee who is subject to a disciplinary measure. The agreement does not set a legal precedent and cannot be used in similar cases. Reasonable, timely corrective/disciplinary measures should be taken based on the conclusions of the investigation or the fact-finding, taking into account the values of the public sector, circumstances, legislation, precedents, policies and guidelines. What impact does this situation have on you, practically and emotionally? If you file a formal complaint, are you willing to risk being ostracized or forced out of your job in retaliation? Arbitrarily taking disciplinary action against an employee. Do you have a plan to keep each other up-to-date on any new information/developments as it relates to this situation? .8 What Illegal Harassment Is . Louise is upset by the incident and approaches her union representative the following morning. These tools supporting the former harassment and conflict resolution process will be archived by December 31, 2021. Once the complainant can demonstrate that an incident occurred less than twelve months prior to the filing of the complaint, the allegations can go back further in time to describe behaviours or events if they are directly related to the complaint. For more information on restoring the wellbeing of the workplace please refer to Restoring the Workplace Following a Harassment Complaint: A Manager's Guide. This guide is primarily for those who are involved in the resolution of harassment related allegations such as designated officials, the person responsible for managing the complaint process, harassment prevention advisors, labour relation advisors and informal conflict resolution practitioners. Everything you say and do has an impact at the individual and group level. What behaviours or tendencies of yours will be helpful or unconstructive in this situation? Have you had a discussion with your supervisor on how best to continue managing your team throughout the formal resolution process? They will still be available for old cases filed prior to Jan 1, 2021. In other words, no documents relating to the harassment complaint are placed in the personnel file of either party, other than a disciplinary letter in the file of the employee who is subject to a disciplinary measure. Each of those actions falls into one of three categories: nonresponses, informal responses, or formal responses. If appropriate, the parties should be reminded of the options for informal resolution throughout the formal process. For more information, please refer to the Information Notice 2007-15 - Release of Harassment Investigation Material. Every company should have an employee complaint form that guides the person receiving a complaint to gather all the necessary information and trigger an investigation, when necessary. Insults or humiliations, repeated attempts to exclude or isolate a person. If the person responsible for managing the complaint process determines that the allegations are frivolous or do not satisfy the definition of harassment, he or she informs the complainant that the complaint can not be accepted and provides the reasons for his decision. Have you determined with your supervisor if your supervisory relationship needs to be altered for the duration of the formal resolution process? Disciplinary measures may also be taken against any manager who is aware of a harassment situation and fails to take corrective action or anyone who interferes with the resolution of a complaint with threats, intimidation or retaliation. This is especially important given that there are other recourse mechanisms available to employees. Falsely accusing and undermining a person behind closed doors, controlling a persons reputation by rumor-mongering, controlling the person by withholding resources (time, budget, autonomy, training) necessary to succeed. Once the parties have been advised of the outcome of the formal resolution process (i.e. This investigation would seek to determine if either the complaint was. Key to this is ensuring that you are well-supported, that you have someone to provide you with advice and guidance, and that you have somebody to talk to. One day a female coworker and I casually went to our supervisors cubicle and mentioned to her that we wanted Shameless Dude to stop grinding up against us. If the harassment complaint relates to one of the grounds prohibited under the Canadian Human Rights Act the complainant has the right to file a complaint with the Human Rights Commission. The investigation can look into these behaviours or events, subject to proper recollections by witnesses and parties involved, as well as availability of any documentary evidence. The formal process is often complex, and as such will require some extra attention to analysis and intervention. When a harassment complaint is filed under the Policy on Harassment Prevention and Resolution, the complainant and respondent are the people who are most obviously affected by the formal resolution process. If the parties are successful in resolving the complaint, the investigation is terminated. The following signs are indications that you may need to get support for your team or group, over and above what you are already doing to pave the way to restore the workplace. A managers job is not to investigate the allegations but instead to support the investigative process by being cooperative, responsive, and transparent with the investigative team and monitoring the work environment to address the inevitable interpersonal issues that arise during an investigation. If the employee would like some additional support in dealing with the situation, help the employee identify the appropriate resource and point of contact such as an Employee Assistance Program counsellor, Union representative, Informal Conflict Resolution practitioner. Bob meets with Dan a third time and becomes impatient with him by raising his voice during the meeting and by making accusatory statements such as you are incompetent. Racist and discriminatory comments or offensive jokes. Albert also learns that everyones term position has been extended as well except his. When those who have been harassed are trying to decide among non-, informal, and formal responses, I urge them to prepare for potential negative reactions from unempathetic supervisors, HR personnel, and colleagues, which are all too common. I think highly of that employer to this day. Note: If you are the manager of the complainant but also of the respondent, the responsibilities outlined in this section should be handled by your supervisor. Lawyer up. Regularly remind the group of the importance of respect, discretion and not participating in gossip. How could the behaviour of my team members contribute to preventing a situation like this from occurring again? Nonresponses, which include ignoring the harasser, downplaying the behavior, or leaving the company without telling people why, are more common than one might think. If the person responsible for managing the complaint process is satisfied that he or she has all the facts based on his or her inquiries and that the parties have been heard in accordance with the principles of procedural fairness, he or she may decide not to undertake an investigation, inform the parties accordingly of his or her reasons, and make a decision as to whether there was harassment, then proceeds to Step 5. 800.727.2766 or 817.329.8460 For further information please consult your Labour Relations advisor. Maybe your investigation shows. Assaults, including sexual assault, are subject to the Criminal Code and such cases should be referred to the police. How i-Sight (now Case IQ) Can Help The person experiencing harassment may not want or need the harasser to be formally punished if the harassment is minor and she simply wants the behavior to stop. This may be accomplished with the input of all parties involved and may require the assistance of a specialist, and the support of union representatives to re-establish trust, improve communication and encourage positive working relations. Find out who your contacts are for advice and guidance. At any time, should the parties decide to resolve informally, the parties should be redirected to an Informal Conflict Resolution practitioner. A Q&A with Asha Santos, an employment attorney who conducts intervention workshops, If Something Feels Off, You Need to Speak Up. Harassment Prevention Program Lead Coordinators. Constantly interrupting colleagues in a meeting. It is important to note and understand that as a manager, you are not expected to be an expert in restoring the workplace, and nor are you expected to be a specialist in team rebuilding within your organization. The decision could also be challenged in Federal Court where the review would focus on whether or not the process respected the principles of procedural fairness. Address any alleged harassment of which you are aware, whether or not a formal resolution process has been initiated. Remember that it is your responsibility to address the needs of the parties concerned and the working unit following the resolution of the formal process, with the assistance of a specialist as needed, in order to foster harmonious working relationships. Mike, Louise and the union representative meet, Mike acknowledges his inappropriate behaviour and offers an apology to Louise. Each situation must be evaluated individually as the approach will vary depending on the specific circumstances. What are some specific reasons why you should properly deal with this situation? Many employers have recycled the same old-school approach for decades, despite advancements in research confirming what does or does not work. These HR-led responses rarely show sufficient concern for the employee who is being harassed and rarely lead to solving the actual problem. What are some of the consequences of not properly dealing with this situation? If one of the parties is on sick leave, how should I be communicating with him/her? Exclusion of individuals for a particular job based on specific occupational requirements necessary to accomplish the safe and efficient performance of the job. With regard to separating the parties, this could mean having the complainant or respondent work from home, physically distancing the two parties if they work in close proximity to one another, placing the respondent on paid leave for the duration of the investigation, or ensuring the two parties have no further 1:1 interaction during the investigation (either in person, via telephone, or through video conference). Neutral third-party mediators are available to resolve issues between employees, with the goal of professional and peaceful interaction rather than punishment. While absolute confidentiality is the goal, it cannot be guaranteed. However, if the harassment involves things like racial slurs, targeted insults, discriminatory actions, obscene gestures relating to physical characteristics, etc., the interaction has crossed the line into hostile environment harassment. Plan how you will do each of these steps either with your support person, or other specialist, or departmental representative such as your departmental Informal Conflict Resolution practitioner or Organizational Development contact. (or from the effective date of a personnel action if one is involved), . There may be language that states if a supervisor receives a complaint of harassment the supervisor must escalate that complaint to Human Resources, Legal, or Employee Relations. Employees may make a complaint to any manager with whom they are comfortable. But as long as they often do, its vital to ask yourself those key questions, because some employers are not sincerely invested in stopping sexual harassment. Build a three month follow-up plan to ensure that the issues related to the allegation(s) have been fully addressed. Under the guise of helping me with my career, hed been coming on to me, and I learned from coworkers that he claimed we were dating. Is anyone else experiencing the same problem? Take reasonable steps to recognize the parties' individual needs and ask each of them what they need to help them move forward. This particular situation is also covered later in this guide. Your managers need to know what constitutes a complaint and how to listen and respond to employees. 1) If you feel comfortable doing so, tell the person who is harassing you to stop. Offer regular one-on-one meetings to the complainant and the respondent to check on how they are doing. In place of zero tolerance, a progressive policy offers responses that are appropriate for problematic behavior, from helping the parties maintain a professional working relationship to removing a predatory, serial harasser from the workplace. Keep in mind that employers can still be liable for harassment even if a complaint process exists, especially if HR does not have the training necessary to document and escalate the complaint. Many behaviours that do not meet the definition of harassment may still undermine wellness and excellence at work. Steps 1 to 4 in the formal process are to be completed without delay, within twelve months, and step 5 initiated within the same time frame. (We were not.) If the respondent requires a copy of the complaint, he or she has a right to obtain it. As per the Directive on the Harassment Complaint Process, designated officials are responsible for ensuring that the harassment complaint process is carried out promptly and respects the principles of procedural fairness towards the complainant, the respondent and all other parties involved. Discipline a guilty party. This fact sheet primary discusses prohibited conduct under federal law - that it, "actionable" harassment or hostile work environment for which people may file Equal Employment Opportunity (EEO) complaints and . The parties managers are made aware of the situation, if appropriate, and are provided with the information on a need to know basis so that they can support the parties, manage the impact on the team and keep operations running smoothly. Identify what would need to be in place in order for them to participate. (Please note that if the situation involves you, some responsibilities related to restoring the workplace should be handled by your supervisor. Strive to do everything possible to support the wellness of your workplace. UCAR will handle all complaints swiftly and confidentially to the extent possible in light of the need to take appropriate action. Offer assistance to group members (e.g. Mike returns to the workplace and speaks to his colleagues about Louises reaction and refers to her as a cry-baby, a whiner and tries to convince them that she does not belong on the Emergency response team. Is there a need for training, dialogue or awareness sessions? Managers should also partner closely with HR during and after an investigation before addressing any performance or behavioral issues with any employee involved in the investigation to ensure compliance with company policies and that legitimate business reasons support any actions to be undertaken. Managers need to keep a finger on the pulse of their team to make sure that team members are professional and respectful towards one another during and shortly following an investigation and report any concerns to HR. Are you experiencing any of the following? Communicate clear expectations as to how to treat others in the workplace. Prompt remedial action is also a key part of an employers ability to defend itself in the event the allegations eventually proceed to litigation. By Lisa Guerin, J.D. You know the truth, and no one can take that away. This, in turn, affects not only the productivity of the involved parties but also creates tension that pervades the entire work environment and reduces productivity of other employees as well. What will you do to address your apprehensions? ), how they will access it, and when it will start. The person responsible for managing the complaint process may redirect the complainant to the appropriate avenue of recourse such as referring the person(s) to an Informal Conflict Resolution practitioner or suggest other means of resolving the issue. The Workplace emergency response team are out on an exercise. Offer regular one-on-one meetings to the complainant and the respondent to check on how they are doing. . Following a fact-finding exercise or an investigation, the person responsible for managing the complaint process reviews all the relevant information and renders a decision. The supervisor told me I must use the company-mandated process to make a formal complaint. In order to do that, I had to sit for an interview with a male HR screener whom I had never met or seen before. [1] Likewise, complainants and witnesses in internal investigations are usually very concerned about retaliation and may perceive even a subtle shift in behaviors as retaliatory. How are potential workload issues going to be addressed? The respondent displayed a potentially improper and offensive conduct; The behaviour was directed at the complainant; The respondent knew or reasonably ought to have known that his or her behaviour would cause offence or harm; The behaviour occurred in the workplace or at any location or any event related to work (as per the policy scope in the Application section of the. We tested two hypotheses: First, if the programs and procedures are working, they should reduce the number of current and aspiring female managers who leave their jobs because of sexual. The first place to start when making decisions about how to handle this situation is with yourself.
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