Stephen Hammond's
Tip #5 — ACTIONS OUTSIDE OF WORK CAN BE DEEMED HARASSMENT
If employees do something outside of work that has a negative impact back in the workplace, employers may well find themselves dealing with a harassment problem. Otherwise, imagine the loopholes, where I could do anything I want outside work that is mildly or grossly inappropriate.
Years ago I investigated such a case. One night after their shift in the company parking lot, an employee asked a female colleague if she'd like a ride home. Having no reason to suspect anything except courtesy from a fellow worker, she accepted the ride. As soon as she noticed he was going in the wrong direction, she asked to be taken home or at least dropped off. He told her he just needed to pick up something from his apartment and then he'd take her home. As soon as he parked the car in his underground garage, she got out of the car and ran away. She made her way back to the workplace, completely distraught.
Since she never made it to his apartment, we'll never know what his final motives were. The company hired me to investigate; in the meantime, the male employee was placed on an unpaid leave of absence. His union, protecting his interests, argued that since all of this happened outside the workplace, it wasn't a workplace harassment case. The union stressed that the woman should have referred it to the police.
However, I knew the law said otherwise. Since I was asked for my opinion on discipline, I suggested termination of employment for the young man, because even if he'd been placed on a different shift from the woman who filed the complaint, I knew she'd never feel comfortable with the notion that she might cross paths with him again on work premises. The company severed his employment, but stipulated that if he underwent counselling and was able to show he was no longer a threat to women in the firm, he could have his job back. He declined to pursue this option, the grievance was dropped, and his termination of employment was upheld.
Inappropriate behaviour doesn’t have to go as far as trying to abduct your fellow employee; it can include many different forms of behaviour. Employees need to remember that if their behaviour has a negative impact back at work, the employer may have an obligation to act.
SUPERVISORY SUGGESTIONS:
Keep in mind this is somewhat uncommon - as the law is not designed to interfere in people's personal lives. There are many times co-workers have issues outside of work and they can resolve them or carry on a grudge, but with no ill effect at work. There are times a supervisor can just say, "You're adults - work it out yourself otherwise I’ll have to, and you might not like my decision."
Don't worry that as a supervisor, you're going too far - because it is so rare when outside actions cause an issue for the employer. However, to get along in a civilized society, we put many limits on the things we can say and do. If a person wants to say outrageous things on their own time and with their own friends and family, they are free to do so. However, when similar comments are made to a co-worker, that's where the line is drawn and the employer might have to respond.
Even if other authorities are involved, you may be too - sometimes an event takes place outside of work that involves the police or other groups in authority. That may not exempt the employer's responsibility to deal with harassment from the event that took place outside of work. After all, you don’t want other authorities making decisions for you. Seek advice on what needs to be done.
Tip #6 — HARASSMENT: FOCUS ON IMPACT, NOT INTENT
Intentions are irrelevant when deciding if harassment has occurred. My intention might be to lighten up the workplace by telling sexual jokes, or help myself “fit in” with the power crowd by making light of people with the same skin colour as mine. I may even think that forwarding controversial online posts is my way of enlightening people to a new way of thinking – no harm done. I might be coming from a good, or at least not harmful, intention. But that rarely matters as It’s the impact, not the intention that matters.
As for employees who tell you, "Oh that's just Stephen; he doesn't mean anything by it," here's what to keep in mind. Good people can say bad things, and you're helping no one by allowing them to get away with comments or conduct that violates the basic rights of others. Again, if you focus your attention on the impact, not the intentions, you're modelling good leadership.
Does intention have any influence at all? Actually, once a finding of human rights harassment has taken place, intention might go a long way in deciding how to resolve it. If, for example, I harass someone with the intention of inflicting harm or humiliation on that person, and do so with complete disregard for this person’s feelings, I'm likely to be subject to disciplinary action, perhaps even severe discipline. However, if colleagues or investigators are convinced that I never intended a negative impact - perhaps I felt silly when I learned what I'd done and was sincerely apologetic - chances are I will not be disciplined. It was still harassment, but being hauled into my supervisor's office for a "discussion" may be considered action enough…likely along with that sincere apology.
SUPERVISORY SUGGESTIONS:
Correct one of the biggest misconceptions - as the idea of intention with harassment and other forms of discrimination are often misunderstood. If someone says, "I didn't mean it" or "it wasn't my intention,” be sure to explain that it doesn't matter and then discuss why the comment(s) was a problem.
When the intention isn't bad, then look for positive change - and it should be easy to get. If you believe the employee made a mistake or had no idea the comment was harmful, then a reasonable person will apologize (usually greatly apologize) and promise never to repeat it. They often want to make it up somehow. Deal with whatever remedy you need and then take the person at their word that it won't happen again.
Call people on their intention when it's obvious - because we might as well be real. We all know characters who plead innocence, when it's obvious to everyone that they made a comment to hurt. We're all adults, so call someone when you know the real effect. It helps to keep people real...and to call a person's bluff.
These are TIPS 5 & 6 of 26 BI-WEEKLY TIPS for managers and supervisors.
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