The Cycle Of Sexual Harassment Outrage Again
Sonia Johnson J.D., LL.M., LL.M., SPHR, SHRM-SCP
Transformational HR & Employee Relations Executive| Recognized Global Authority on Trauma-Informed Policies & Emotionally Literate Investigations & Mediations| Chair, ASTM U.S. & International HR Standards Development.
I am not cynical about people and events. I am typically trusting and perennially optimistic. Unfortunately, this media driven sexual harassment discourse has left me utterly cynical. Why? Because the solutions for stopping these behaviors have existed for a long time, yet many organizations do not know of them, do not know how to use them, and use legal solutions/lawyers as their sole resort instead. The in-house use of antiquated and ineffective means of stopping, investigating of ending sexual harassment continue, despite their screaming ineffectiveness. So yes, I am cynical about the outcries, hashtags and social activism which have no supporting heft in terms of creating lasting change. Like other media obsessions and headlines, it will pass. Then what? Business as usual?
Many are still asking inane questions such as “Why do people not report sexual harassing conduct or assault at work??” Really? Here is a short answer for those who seem genuinely unaware of the multi-faceted and effective solutions that have existed for at least 15-years. Based on evidence based data, to enable employees report sexual harassment, the central reporting function CANNOT be placed with in-house HR. For pragmatic reasons, it should be moved to THIRD party de-escalating organizations which are neutral organizations structured in a manner that employees can trust.
Why? Because evidence, data and outcomes show that HR is seen by most employees as representing employer interests ONLY!! Of course, some HR departments DO represent employer and employee interests as they are exceptional HR professionals. But, close to ninety percent (90%) of employees do not trust HR to FAIRLY resolve sexual harassment matters, thus increasing employee disengagement and possibility of lawsuits. It is worth noting that the response from employees regarding a lack of trust for in-house HR is intuitive. It is difficult to convince employees that an employers representative, being paid by the employer, will work in the employees best interest too.
The names of people and organizations that continue to appear in the news regarding allegations of sexual impropriety are not new. We (long term HR professionals etc.) have known about them for years and years. The media has known about them too. Even last year, in the heat of the media orgy of information, people were clutching their pearls as allegations of sexual harassment “exploded” to the fore about two prominent individuals? Really? After the outrage, what happened? Nothing followed except silence, and elevation for the alleged perpetrators. Why? Because most people are either super hypersensitized, or totally removed from the force and damage of sexual harassment, assault and abuse. Why? Inefficient training methods and a dire lack of knowledge about the driver for unfettered harassment.
Our organization does not encourage lawsuits as a prime remedy for sexual harassment abuse or harassment, except when all other efforts have failed utterly and completely! Which does not occur frequently. However, for those who use legal action as their main resort following a failure to conciliate or resolve the harassment issue, an upcoming decision of the Supreme Court will certainly be relevant for them. This upcoming decision, it should be noted, is not being discussed alongside the salacious information being shared by the media. The Supreme Court is about to make decisions on whether to end Class Actions in Sexual Harassment/abuse cases. If they rule against Class Actions in sexual harassment matters, it becomes even harder to find good Employment lawyers to take up individual sexual harassment cases. One hopes that that ruling will compel organizations to use practical and effective methods for preventing, managing and ending sexual harassment and abuse at work.
Our organization, The Society For Employee Relations (SFER) is one of the three organizations in the US that provides effective de-escalation services in sexual harassment and related matters, for employees, and organizations. We act as a NEUTRAL party for all employer and employee matters. Our structure is safe for all levels of employees, and organizations to express concerns confidentially and make complaints. In return, we provide non-litigious solutions, strategies, and other long-term resolutions. I share this information about our company in response to the requests we have received from employees and employers for assistance and guidance on this issue. We can help.
In the interim, here are some basic guidelines for organizations that want to end or significantly reduce blatant or hidden sexual harassment/abuse in their organizations:
1. Update and customize your sexual harassment training. Its not about the law and policy alone.
2. Create customized sexual harassment policies for your organization. Hint: Such policies are created after a cultural and psychological audit of the organizational culture, history and corporate behaviors.
3. Create a relationship with a de-escalating organization that employees can contact in the event of sexual harassment or abuse.
4. Restructure your Human Resources departments. Only robustly staffed HR departments can work effectively with employees and de-escalating organizations.
A whopping eighty percent (80%) of employees say they would rather have sex or perform lewd acts on the perpetrator to keep their jobs, rather than contact Human Resources. Ninety percent (90%) of all employees say they will not report sexual harassment to HR. Sexual harassment festers and eventually explodes, if not recognized and timely resolved. Sexual harassment policies, training, management, reporting and resolution as they exist today, based on data and research, are unsatisfactory and ineffective.
It is time to seek out new ways of thinking and handling sexual harassment. The prevailing attitude of “we have always done it this way” is a failure of leadership in many organizations. It should change.
I wish you well.
The Author of this article, Sonia Johnson, is the Executive Director The Society For Employee Relations (SFER). SFER is of one of the three (3) Modern dual Business Analytics and Humane People Management Provider Organizations, in the United States of America. The goal of SFER is to continue to create progress and success for organizations and for individuals using modern and tested methods that exceed basic Human Resources and Employee Relations policies and practices. BeyondHR??
Our Executive Director, Sonia Johnson is an established Employment/Labor Law attorney. She works professionally as a Human Resources, Employee Relations and Dispute Resolution Executive. Her use of Industrial and Organizational Psychology, Law, Business and Analytics continue to create measurable and consistent progress and success for Individual Employees and Businesses. She remains unwavering in her commitment to an improved, financially rewarding and growth oriented workplace for employees and employers.
Sonia is a highly regarded Leadership Coach, Motivational Speaker and Professional and Personal Life Guide. Her work is also focused on employees and their relationship and contribution to work. She has successfully assisted employees achieve successful professional and personal lives. She is the co-founder of the successful --Society For Employee Relations ... (SFER) www.societyforemployeerelations.com.
*Employees and Individuals are invited to join SFER to obtain the maximum success and guidance for their day to day and long term professional lives and careers. *Organizations are also invited to join for creating and executing strategies for creating or sustaining a financially profitable and stable company.
Our Executive Director, Sonia Johnson believes in living a full, happy and meaningful life. Outgoing and friendly, Sonia also writes powerful Poetry and Poetic Prose, and is a published poet. She is also a dedicated runner, cyclist, and enjoys cross-fit training/competing, rowing, weight lifting, and remains a committed endurance athlete. She enjoys rollerblading, reading and writing on professional matters, fun topics, and important issues of relevance to our world. At this time she is authoring a book on Employee Relations to be published by the end of this year.
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Sociological Safety? | The Sociological Workplace | Trivalent Safety Ecosystem
6 年I’m glad to see that neutrality is carried forward as a both a theme and an operationalized principle in your work. While there is a long way to go, neutrality is one of the most important concepts in a sustainable global society. It is good to see it being applied in the process of carrying out your organization’s mission.
Transformational HR & Employee Relations Executive| Recognized Global Authority on Trauma-Informed Policies & Emotionally Literate Investigations & Mediations| Chair, ASTM U.S. & International HR Standards Development.
7 年Thanks Travis!
Sonoran Desert Consultants
7 年Great observations and recommendations Sonia.