Defining & Preventing Sexual Harassment in the Modern Workplace

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Evan Perry
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Presenter Mary A. Bennett Right Compliance Consulting, LLC Mary Bennett, R.Ph. is a pharmacist by training and has spent a portion of her career in executive level compliance roles.

2 Presenter Mary A. Bennett Right Compliance Consulting, LLC Mary Bennett, R.Ph. is a pharmacist by training and has spent a portion of her career in executive level compliance roles. She previously served as vice president in the Compliance and Integrity office at Caremark, where she implemented the requirements of one of the first government agreements in healthcare. Mary works across all industries, creating and facilitating award-winning training programs, conducting large and small program assessments, developing compliance communications and helping clients develop best practice programs from the ground up. Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 1

Agenda The Current Situation A Deeper Look at Dynamics Responsibilities Taking

Sexual Harassment: It s Not Going Away Even with greater focus and training,

ubiquity of sexual harassment today Technology has given a voice to victims

not enough Every organization should be evaluating their history, their

5 Sexual Harassment: It s Not Going Away Even with greater focus and training, sexual harassment incidents have NOT disappeared Recent news has revealed the ubiquity of sexual harassment today Technology has given a voice to victims Increasing zero-tolerance policies, awareness and training are important but not enough Every organization should be evaluating their history, their approach and their culture Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 4

6 What Is Sexual Harassment? No single globally accepted definition Unwelcome conduct of a sexual nature that occurs because of the victim s sex May be verbal, non-verbal, physical, or visual in nature Range of activities which are expressions of sexuality, have sexual connotations in our society, or are discriminatory based on gender May appear relatively innocent (e.g., flirting, joking) to indisputably illegal (e.g., sexual assault, rape) Repeated unwelcome behavior or can be a single incident that is extremely offensive Others who are not the victim may find the observed conduct unwelcome hostile work environment Source: Shockwaves: The Globally observed impact of Sexual Harassment, Susan L. Webb, New York Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 5

What Is NOT Sexual Harassment Asking a coworker for a date and accepting No as an answer High fives, fist bumps, shaking hands if culturally appropriate Compliments that make someone happy instead of

7 What Is NOT Sexual Harassment Asking a coworker for a date and accepting No as an answer High fives, fist bumps, shaking hands if culturally appropriate Compliments that make someone happy instead of uncomfortable (e.g., You did a great job today! ) Pictures or other visuals that most people would not find offensive (e.g. photos of your family on the beach in standard swim wear) Female employees wearing short skirts to work Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 6

8 The Numbers Sexual harassment has been and remains a global epidemic 25-85% of U.S. women reported having experienced sexual harassment in the workplace. Men report at a rate of 17%. EEOC % of women globally reported experiencing sexual harassment or sexual violence, in and out of the workplace 43% of women who reported sexual harassment were harassed by a supervisor 60-94% of victims took no action 75% of victims report experiencing retaliation for reporting 16% of women don t realize they had been harassed saying no when asked if they had been sexually harassed, but yes to experiencing sexist or sexually explicit remarks Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 7

Facts about Victims & Harassers It s not male-bashing Can be any gender sexually harassing any other at work The number of sexual harassment complaints filed by men has more than tripled in recent

9 Facts about Victims & Harassers It s not male-bashing Can be any gender sexually harassing any other at work The number of sexual harassment complaints filed by men has more than tripled in recent years EEOC Different generations and cultures define sexual harassment differently However, worldwide it is predominantly men who harass women in the workplace Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 8

The Consequences Emotional, economic and physical harm to victims Hostile work environment for those not directly involved Decreased productivity Increased loss of great talent Inability to attract

10 The Consequences Emotional, economic and physical harm to victims Hostile work environment for those not directly involved Decreased productivity Increased loss of great talent Inability to attract new talent In certain cases, it may violate civil or criminal laws High cost of legal and recovery fees Reputational harm to organization Hurts bottom line Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 9

11 What s Going On?? More employers than ever have sexual harassment policies and training Policies and training are important, but reversing the sexual harassment trend is not only a matter of compliance The global workforce is multi-generational, multi-cultural and most are tech-savvy In the current climate, many employers delegate the elimination of sexual harassment to policies and training Organizational culture wins over rules Organizational leaders create the example that employees follow either good or bad Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 10

A Deeper Look at Dynamics Copyright 2018

13 Profile of Harassers Abusers of power Protection of occupational territory Sexual harassment is seen as self-protection and recapturing control through embarrassment and humiliation of victim often done in groups Cultural approval of sexual objectification Organizational or occupational culture that reduces women to fantasy sex objects without human sexual boundaries making it okay to harass Entitlement and power of position Based on traditional gender roles Using power to mistreat others; gets away with it due to past acceptance or non-reporting Not recognizing emotions in others; ego eats empathy Adapted from: StopVAW.org Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 12

14 Other Types of Harassers Attention-seeking Tries to be funny or gallant inappropriate compliments and personal comments, off-color jokes, suggestive body language Deviant Builds upstanding image, but has compulsive sexually-based behavior directed at victim privately - he said / she said situations (e.g., comedian Louis CK) Situational Emotional or medical issue causes inappropriate behavior addressing personal problem stops behavior Clueless Typically respectful men, unaware that their behavior is unwelcome or over the line (e.g., asking the only female meeting participant to get everyone coffee) Adapted from: Sexual Harassment: Causes, Consequences And Cures, Truida Prekel, SynNovation, Cape Town, SA, 2001 Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 13

15 Profile of Victims Women of all ages, races, plain or attractive, sexy or soberly dressed are harassed Female victims often have job roles and positions that are inferior to men s and badly need their jobs, are vulnerable, insecure or non-assertive Women who threaten male dominance in leadership or industries may also be victims Men who sympathize with female victims and try to support them can also be targeted People who are minority race, mentally disabled, or not heterosexual suffer more sexual harassment and assault Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 14

A Look at Bystanders Manager and supervisors have heightened obligations to intervene early they are the organization Managers and other bystanders may feel confused or fearful about intervening It

16 A Look at Bystanders Manager and supervisors have heightened obligations to intervene early they are the organization Managers and other bystanders may feel confused or fearful about intervening It is not my business to intervene. I don t have the whole story. If I intervene, I may become the target. "I might make it worse. I don t really know what I am supposed to do or say. Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 15

The Complex Workplace Five generations in the workplace Global and multicultural workforce Instant access to non-traditional media outlets like social media, blogs Poor behavioral

17 The Complex Workplace Five generations in the workplace Global and multicultural workforce Instant access to non-traditional media outlets like social media, blogs Poor behavioral example of management Relaxed cultures, more collaborative and interactive More anonymity in raising issues or making allegations Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 16

19 Detection: Red Flags for Sexual Harassment Frequent sexual remarks or jokes, often waiting until the target employee is alone Remarks about a person s sex that are not sexual in nature Repeatedly touching or brushing past an employee Receiving sexually explicit s, texts or other social media Inquiring about an employee s sex life or about their personal life Repeatedly asking an employee for a date, even after refusals Suggesting sexual favors or ways of dressing that might help a target s career Tolerating powerful employees who do whatever they want to anyone, especially women Adapted from: Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 18

20 Bystander Responsibility: Intervene Studies say less than 20% will take action Why They Don t Fear of reprisal Objectivizing women normalizes sexual harassment Harassment is viewed differently by men and women False belief that Beautiful is Good Expect others to take action Don t feel distressed enough to take action Disrupt the situation How They Can Confront the harasser, now or later Talk openly about behavior and ask others for their opinions before confronting Ask if the victim is OK Offer help, such as going with victim to HR or other resource Management level bystanders must take appropriate action Source: Source: Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 19

21 Potential Harasser Responsibility: Stop & Think Improve self-awareness and empathy Careful of office romances could go sour and lead to harassment allegations Sexy clothing and flirting does not mean a woman wants to be harassed No personal or sexual request should ever be quid pro quo Previously acceptable behavior may be reclassified as unacceptable by the target Consider What if she was your daughter, spouse, mother? No always means NO If you re not sure it s OK, you shouldn t do it Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 20

22 Victim Responsibilities Or Victim-Blaming? Dress and behave more modestly? Would it really prevent harassment? Just say No? For many reasons, assertiveness may not be a choice Speak up? The organization is responsible for making reporting a better choice than silence No one wants or deserves to be sexually harassed or assaulted No false allegations? Bad faith reports are uncommon Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 21

23 Special Duties of Leaders Be a consistent example of respectful conduct Stop disrespectful horseplay before it escalates to harassment Take all complaints of harassment seriously; take appropriate action Hold yourself and everyone else equally accountable Actively support training and awareness efforts to stop sexual harassment Leadership is not about being in charge. Leadership is about taking care of those in your charge. - Simon Sinek, British-American author, motivational speaker Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 22

24 It Starts with the Board Ask the Right Questions, then Take the Right Action Are the anti-harassment polices and training efforts check-the-box or effective? Is the internal reporting process clear with designated, trained resources to hear victim complaints? Does the organization tolerate any form of harassment or disrespect? Are all reports properly investigated by trained investigators? Are there written criteria for reporting harassment allegations to the Board? Does the Board receive information about outcomes of harassment allegations, and subsequent retaliation claims, gathered from all relevant functions? Are board members taking the right action when they become aware of a sexual harassment situation? Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 23

Speaking Up: Why Victims Don t Credibility issues Fear of retaliation Victim will be blamed No one will do anything Don t want to hurt harasser Adapted

26 Speaking Up: Why Victims Don t Credibility issues Fear of retaliation Victim will be blamed No one will do anything Don t want to hurt harasser Adapted from: build-leverage-better-relationships-work/ Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 25

27 Prevention: Create a Culture of Respect Clear statement of intent to stop sexual harassment from top leadership Written anti-harassment policies and awareness training Process and resources employees can use to report issues of sexual harassment Prompt and effective response by employer to complaints Encouragement of those who can intervene to do so Ongoing communications and guidelines - especially face to face communications from leadership to remove taboo against raising these issues and intervening and use of sanitized, real cases Act like you mean it hold everyone equally accountable Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 26

Summary & Takeaways Copyright 2018 NAVEX

29 The Hard Questions & Issues I m paralyzed. I don t know where the line is. How can I tell? Some areas will always be gray. If you are a leader, you likely deal with issues that are complex and ambiguous in your operations job. If you struggle, ask for another trustworthy opinion I will never be alone with a female coworker again. Isn t that the best thing to do? This may cause other problems, like potential discrimination allegations because females may not have access to company leaders and influencers and get opportunities in the same way as male colleagues I thought she liked it. Didn t she? Consent is the issue. It can be verbal or non-verbal, but if there is any question at all, ASK. In one Canadian survey 1 of 3 Canadians did not understand the concept of consent. And perception of the reasonable person is the key, not intent Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 28

30 Key Takeaways: Stopping Workplace Sexual Harassment Prevent, Recognize, Act Create/update your sexual harassment policies Good hiring practices and background checks Educate the workforce through training and ongoing awareness What sexual harassment is Red flags for sexual harassment Bystander intervention and resources for reporting/help Range of discipline for harassers (e.g., not always career-ending) Organizational actions taken against harassment and retaliation You cannot delegate ethics Ask leadership to make a visible commitment to stop sexual harassment and walk the talk Create a civil culture where victims are credible/not blamed; where harassment and retaliation are not tolerated Hold harassers accountable, no matter what level or star status Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 29

It must be embraced by leadership and consistently reinforced.

31 You Can t Delegate Ethics Join the discussion group A workplace free of harassment and discrimination cannot be delegated to your code of conduct or training program. It must be embraced by leadership and consistently reinforced. Share your thoughts and best practices on how you are addressing sexual misconduct and other harassment in your workplace. ComplianceNext.com > Groups Copyright 2018 NAVEX Global, Inc. All Rights Reserved. Page 30

How to Recognize and Avoid Harassment in the Workplace. ENGT-2000 Professional Development

How to Recognize and Avoid Harassment in the Workplace ENGT-2000 Professional Development 1 Why Talk About Harassment? Because it is unprofessional and possibly illegal! Because we want to help prevent