To Infinity…

Written by Curtis M Goodman – November 2008

In Canada sexual harassment is considered both a human rights issue and a labour standard issue. A workplace complaint of sexual harassment is governed by human-rights legislation, prohibiting discrimination on the basis of gender. Employers have a minimum standard of care to provide a safe workplace free from sexual harassment. Each province has specific regulations pertaining to sexual harassment; however, all align with the Canadian Human Rights Commission. It is essential for managers to be aware of possible jurisdictional differences. According to the Alberta Human Rights Commission sexual harassment may occur in a variety of ways:

• • suggestive remarks or jokes of a sexual nature
  • compromising invitations
  • verbal abuse
  • visual display of suggestive images
  • leering or whistling
  • patting, rubbing or other unwanted physical contact
  • outright demands for sexual favours
  • physical assault

It should be noted, sexual harassment occurs among women and well as men, both genders experience forms of inappropriate work behaviors from coworkers. Research indicates sexual harassment predominately occurs in specific characterized groups of employees. According to Paludi et al., “for certain employees’ incidences of sexual harassment appear to be higher than others,” examples include:

• • Women employees in male-populated careers
  • Women who are economically disadvantaged
  • Lesbian and gay employees; and
  • Employees with emotional or physical disabilities. (2006)

It is imperative for managers operating in Canada to recognize the need for clear policies regarding sexual harassment. The Supreme Court of Canada sees this type of behaviour as an infringement on the basic human rights entitled to all citizens. The legal definition is considered “unwelcome behaviour of a sexual nature in the workplace that detrimentally affects the work environment or leads to adverse job-related consequences for the employee” (Capen, 1997). If sexual harassment exists in the workplace it often represents a serious abuse of power. Employees who are victim to harassment of this nature are able to pursue legal recourse and can hold their employer liable if they do not develop and follow clearly defined policies.

If the organization has clearly defined policies but does not comply with them then they can be held liable for failing to meet the standard of care of the employee-employer relationship. “One of the key components of the required employer policies is an individual complaint mechanism in the wake of incidents of harassment – a process that results in the potential disciplining of harassers” (HRSDC, 2008). The Canadian Human Rights Commission describes the employer’s obligations as follows:

· Make it clear that harassment will not be tolerated; establish a harassment policy

· Make sure every employee understands the policy and procedures for dealing with harassment

· Inform supervisors and managers of their responsibility to provide a harassment-free work environment

· Investigate and correct harassment problems as soon as they come to light, even if a formal complaint has not been received

· The employer should be prepared to take appropriate disciplinary action against an employee found to have harassed someone. (HRSDC, 2008)

In Alberta, the Human Rights and Citizen Commission has jurisdiction over sexual harassment cases. The most common complaints submitted are filed based on a quid-pro-quo basis, “the exchange of sexual acts for job-related benefits, and a range of behaviours that create a hostile work environment for the person to whom the attention is directed” (Burke & McKeen, 1992). An employee may file a complaint with the Commission within one year of the alleged incident. Detailed record-keeping is necessary for the commission to investigate complaints and reach a final decision on remedial action and consequences. Names, dates, witnesses, and a timeline of events are all important to the investigation. “It is against the law to retaliate against anyone who has made a complaint of discrimination in good faith or who has given evidence in support of or against a complaint” (Alberta Human Rights and Citizenship Commision, 2007).

The taboo of workplace sexual harassment is often understated and is a topic that is usually avoided. However, if avoided altogether the organization as a whole can suffer due to lack of morale and added stress. Numerous Canadian studies which together cover a wide range of occupations and work environments reveal a staggering pattern: approximately half of all working women experience sexual harassment, yet less than a quarter of these cases are reported to authorities and fewer than one in ten file a formal grievance (Fitzgerald et al., 1995; Gruber and Smith, 1995). “Sixty-four percent of women say they have experienced some form of sexual harassment during their careers and 48% of women executives say they left a job because of an inhospitable organizational culture and harassment” (Dessler, G., & Cole, D. N., 1992). This represents a serious issue for management in how to deal with the long-lasting human resource issues and the relating productivity-losses associated.

Managerial and professional women experiencing harassing… social-sexual behaviours at work were less satisfied and less committed to their organizations. These women were less satisfied with their lives, reported more psychosomatic symptoms and emotional exhaustion, greater intention to quit, less career satisfaction, less optimism about their career prospects, and greater unmet work and career expectations. (Burke & McKeen, 1992)

If the aforementioned symptoms of sexual harassment infiltrate the workplace then employee morale is negatively impacted thereby reducing the harmony of the organization. Canadian managers must take control of the workplace discouraging any form of sexual environment. Leading by example, managers must take every possible effort to reduce harassment, flirting, and sexual joking by setting the tone of appropriate language, conduct and appearance.

According to Burke & McKeen the elements of reducing negative consequences include: creating policy guidelines and ensuring complete understanding, disseminating supportive literature, addressing issues in management training and embodying the appropriate attitudes and behaviours of the desired culture (1992). Six strategies identified by Human Resource and Social Development Canada to reduce the institutional vulnerability to sexual harassment include:

1. Ensuring that women in non-traditional jobs are not isolated in all-male work groups and that there is a critical mass of women employed in areas once exclusively the domain of men.

2. Addressing the isolation of women in traditionally female jobs, such as domestic work, and reforming legislative or policy provisions that accentuate their isolation.

3. Confronting the connections between sexism, racism and other types of inequality

4. Identifying how both male and female jobs are sexualized, and dismantling the stereotypes, sexual subordination, racism, and heterosexism of the phenomenon of sexualization.

5. Implementing employment equity effectively to provide equal employment opportunities for women and other underrepresented and socially disadvantaged groups.

6. Developing more democratic workplaces that are not premised on abusive supervisory power, but rather on more egalitarian, cooperative, and team-based approaches to work. (HRSDC, 2008)

– REFERENCES –

Alberta Human Rights and Citizenship Commision. (2007, March). Sexual Harassment. Retrieved Nov 16, 2008, from Government of Alberta: http://www.albertahumanrights.ab.ca/SexualHarass.pdf

Burke, R. J., & McKeen, C. A. (1992). Social-Sexual Behaviours at Work. Women in Management Review , 7 (3), 22-31.

Capen, K. (1997, Jun 1). Harassment issues should be dealt with before they become problems. 156(11). Ottawa, ON, Canada: Canadian Medical Association.

Dessler, G., & Cole, D. N. (1992). “Human Resource Management In Canada. The Changing legal Emphasis. pp. 32-33.

Fitzgerald, L., F. Drasgow, C. Hulin, M. Gelfand and V. Magley. 1997. “Antecedents and consequences of sexual harassment in organizations: A test of an integrated model.” Journal of Applied Psychology, Vol. 82, pp. 578-89.

Gruber, J., K. Kauppinen and M. Smith. 1996. “Sexual harassment types and severity: Linking research and policy.” In Women & Work: Sexual Harassment in the Workplace. M. Stockdale (ed.). Thousand Oaks, Calif.: Sage.

Gruber, J. and M. Smith. 1995. “Women’s responses to sexual harassment: A multivariate analysis.” Basic and Applied Social Psychology, Vol. 17, pp. 543-62.

HRSDC. (2008, March 07). Rights, Respect and Dignity: Interface of Labour Standards and Human Rights Legislation. Retrieved Nov 16, 2008, from Human Resources and Social Development Canada: http://www.hrsdc.gc.ca/en/labour/employment_standards/fls/research/research14/page03.shtml

Javidan, M., Dorfman, P., De Luque, M., & House, R. (2006, February). In the Eye of the Beholder: Cross Cultural Lessons in Leadership from Project GLOBE. Academy of Management Perspectives, 20(1), 67-90.

Paludi, M. Nydegger, R. Paludi, C. 2006. “Understanding Workplace Violence: A Guide for Managers and Employees.” pp.56-57.

Statistics Canada. (2007, April 20). Women in Canada:Work Chapter Updates. Retrieved Nov 18,2008, from: http://www.statcan.ca/english/freepub/89F0133XIE/89F0133XIE2006000.htm

The Discrimination Issues about Female Enterprisers in Business. (n.d.). Retrieved Nov 16, 2008, from http://www.studa.net/qiye/080806/15554559.html