Case Study, HRM

Co-authored by Linda Brown and Lesley Brake. 

Introduction

The purpose of this report is to investigate the claims of sexual harassment made by Veronica Scarlett and to provide agreeable solutions to this issue for both Ms. Scarlett and Oakmont & Associates. We will state Devlin Brighton’s behaviours and explore how his actions meet the criteria for sexual harassment. This report will also show how the organizational culture, policies, and practices of Oakmont & Associates have contributed to the behaviour that has allowed the sexual harassment to occur. Most importantly, we will provide a list of solutions that will satisfy both Veronica Scarlett and Oakmont & Associates.

This report is from the view point of a human resource management company, Elle Bee HR Consultants, who have been contracted to investigate and resolve this issue. Although the details provided are from an American firm in 2015 we will analyze this issue by current day Canadian standards to better reflect our society and the recent changes in the way we perceive, acknowledge and respond to the behaviours associated with sexual harassment.

This report will include the following sections:

        i.            Company Profile

      ii.            Current Situation

    iii.            Key Issues and Relevant Factors

     iv.            Key Decision Criteria

       v.            Recommendations

     vi.            Action Plan

   vii.            Conclusion

Company Profile

Oakmont & Associates is a law firm located in New York, U.S.A. It was founded in 1943 and is now one of the largest corporate law firms in New York state grossing over $1.2 billion annually. The objective of Oakmont & Associates is to serve corporate clients, mainly in major cities in North America, providing services such as: incorporating, restructuring, succession planning, buying or selling a company, buying or selling assets, drafting corporate by-laws and resolutions, bills of sale, affidavits, financial documentation, negotiations and more. There are 10 senior partners, all of whom have equal ownership, and are structured around a business partnership model; each partner has equal power in important decisions relating to the firm. Oakmont & Associates hopes to recruit more associates and junior partners in the future and expand their operations.

Current Situation

Elle Bee HR Consultants was contracted to investigate the matter of sexual harassment from complainant Veronica Scarlett against respondent Devlin Brighton. Ms. Scarlett was hired as Mr. Brighton’s secretary at Oakmont & Associates corporate law firm where Mr. Brighton is a senior partner. Ms. Scarlett has filed her second sexual harassment grievance against Mr. Brighton. The reported inadequate verbal response from the internal HR department toward Ms. Scarlett upon receiving the complaint could also constitute harassment. Ms. Scarlet has been absent more frequently due to the situation and she was recently informed through the grapevine that Mr. Brighton’s two previous secretaries were terminated for absenteeism. He has threatened to fire her for the same reason. She is considering suing Mr. Brighton or quitting her job unless appropriate action is taken.

Key Issues and Relevant Factors

Key Problem Identification

The current situation and Mr. Brighton’s actions which constitute sexual harassment are listed:

                    i.            Veronica Scarlett filed a sexual harassment grievance one month after accepting her position at Oakmont & Associates. During that month Mr. Brighton had made many comments, jokes, and inappropriate suggestions concerning Ms. Scarlett’s appearance and personal life

                  ii.            An apology letter from the HR department was issued to Veronica Scarlett but she did not see a change in behaviour in Devlin Brighton. As a form of apology Mr. Brighton had invited Mr. Scarlett to dinner.

                iii.            On July 25, Veronica Scarlett filed her second sexual harassment grievance after the harassing behaviour had persisted and evolved from sexual harassment to sexual assault when Devlin Brighton pinched Veronica Scarlett on the buttocks on two separate occasions.

                 iv.            Upon filing this grievance, the HR department representative, Mr. Green, told Devlin Brighton to “take it easy on the pretty thing” and told Veronica Scarlett to “lighten up a little bit.”

                   v.            For two months after this second grievance, Devlin Brighton’s behaviour maintained, and Veronica Scarlett no longer feels safe or comfortable at her workplace.

                 vi.            Ms. Scarlet has been absent more frequently due to the situation and she was recently informed through the grapevine that Mr. Brighton’s two previous secretaries were terminated for absenteeism.

               vii.            Mr. Brighton has threatened to fire her for the same reason. She is considering suing Mr. Brighton or quitting her job unless appropriate action is taken.

The key issue presented in this case is sexual harassment. Mr. Brighton’s behaviour toward Ms. Scarlett is sexual harassment under the Canadian Human Rights Act, qualifying the three characteristics of sexual harassment, as defined by a Canadian Human Rights Tribunal. They are listed as:

        i.            The encounters must be unsolicited by the complainant, unwelcome to the complainant, and expressly or implicitly known by the respondent to be unwelcome;

      ii.            The conduct must either continue despite the complainant’s protests or, if the conduct stops, the complainant’s protests must have led to negative employment consequences; and

    iii.            The complainant’s co-operation must be due to employment-related threats or promises (Schwind, Uggerslev, Wagar, Fassina, & Bulmash, 2016).

Mr. Brighton’s refusal to cease harassing behaviour, which is evident by the necessity of a second grievance filed by Ms. Scarlett, constitutes this behaviour as discriminatory and unlawful. Not uncommon, though increasingly receiving the scrutiny and attention it deserves, sexual harassment is a major liability issue for businesses. “Over 90 per cent of Canadian women have admitted that they had experienced this type of harassment at some point during their working lives.” (Canadian Labour Relations)

Affects/Effects

The details provided state that almost all senior partners and department heads are male. All personal secretaries are female. Last year Oakmont & Associates reached a growth plateau, and it is likely that the organization is already suffering from its lack of diversity and out-dated hiring policies. The ideals and attitudes of society have changed; society is no longer willing to accept or ignore the behaviours that Oakmont & Associates is exhibiting. With the advent of the “Me Too Movement” we have seen a shift in the way the attitudes and behaviors associated with sexual harassment are viewed (Me Too Movement, n.d.). Allegations of sexual harassment, sexual misconduct, and sexual assault are taken much more seriously than at any other time in history. The consequences of these allegations can be devastating to individuals and organizations.

Ms. Scarlett has been taking time off work because she feels uncomfortable and intimidated. This damages her productivity, job satisfaction and quality of life. From the corporate perspective, this is a major liability and lawsuit risk. Ms. Scarlett has enough documented evidence to file a lawsuit against the firm if she is unsatisfied with the action taken. The damage this does to the individual employee as well as the firm could outweigh the benefits of keeping Mr. Brighton employed, considering the cost to the firm’s image and reputation if a public legal battle ensued.

Additionally, we must consider the possibility of other employees coming forward with their own allegations of sexual harassment. It is possible that Mr. Brighton has sexually harassed other assistants, and reflective of the sexist organizational culture it is likely other senior partners have been guilty of engaging in similar behaviours. If such information were to come to light Oakmont & Associates could experience the loss of employees, partners, and clients who no longer wish to be associated with the organization. Many major corporate clients already have strong zero-tolerance harassment policies instituted. Replacement of these individuals and revenues could be costly, and it may also be difficult to attract new talent and rebuild the public image.

Relevant Factors

While the key issue in this case remains the sexual harassment of Ms. Scarlett there are relevant factors that provide insights into the issue at hand. These factors are: (1) the organizational culture that exists at Oakmont & Associates and the social norms that have influenced the formation of that culture. (2) the inappropriate and ineffective responses rendered by the HR department.

“Organizational culture consists of the shared beliefs, values, and assumptions that exist in an organization. In turn, these shared beliefs, values, and assumptions determine the norms that develop and the patterns of behaviour that emerge from these norms” (Johns & Saks, 2017). Oakmont & Associates is a male-dominated organization with low female involvement in high levels of management. This type of structure—where men hold all positions of power and women are subordinates—is a toxic patriarchy that favours men and devalues women. Due to this devaluation, women are oftentimes the brunt of inappropriate jokes, harassment, discrimination and maltreatment due to this systematic problem. We could argue that the sexual harassment of Ms. Scarlett occurred because the organizational culture of Oakmont & Associates allowed it to occur.

The culture of Oakmont & Associates is influenced by social norms, which are “…collective expectations that members of social units have regarding the behaviour of each other.” (Johns & Saks, 2017, p. 247). Historically, women have been socialized to expect and tolerate harassment from men. Allegations of sexual harassment have been taken lightly and the victims of harassment were much more likely to suffer undue hardship than the perpetrators (Session, 2017). This is evident in the way Ms. Scarlett’s claims are handled by the HR department. HR’s lack of response in dealing with Ms. Scarlett’s complaints reinforce the norms and attitudes held by the organization.

Critical Assumptions

        i.            The male dominated culture and outdated policies employed by Oakmont & Associates foster an environment that condones the mistreatment and the objectification of women.

      ii.            The HR department failed to address the sexual harassment grievance in an appropriate manner, despite multiple formal complaints prompt directive action was not taken.

    iii.            Neither Mr. Brighton, nor Mr. Green (internal HR consultant) sees any issue with their behaviour toward Ms. Scarlett. This is indicative of a deep-rooted issue around the law firm’s corporate culture.

Key Decision Criteria

In forming our recommendations, it is necessary to provide solutions which will satisfy Ms. Scarlett and Mr. Brighton, and which will allow Oakmont & Associates to retain both as valued assets to the firm. We believe that our proposed compensations and disciplines will achieve the intended objective. The implementation of new policies and programs will increase employee job satisfaction. New and current employees will feel their interests and well-being are important to the organization. Oakmont & Associates public image will improve as fair hiring practices are implemented. Diverse employees will open new markets previously unexplored by the organization which will increase profit and allow for expansion.

Recommendations

Our recommended solution will include the following points:

        i.            Formal apologies for Ms. Scarlett

      ii.            A compensation package for Ms. Scarlett

    iii.            Mandatory unpaid three months leave of absence for Mr. Brighton and Mr. Green

     iv.            A strategic human resource management plan

       v.            Bi-annual evaluation by an external firm

     vi.            An internal human rights committee which oversees a newly implemented zero-tolerance harassment policy (see attached document)

   vii.            Mandatory sensitivity and anti-harassment training programs for all partners and employees

Action Plan

We will arrange a formal management meeting between the HR consultants and managing partners (excluding Mr. Brighton) to debrief them on our investigative findings, professional analysis and assessment, recommendations, and action items.

We will summarize the details of the complaint, which is the key factor and must be resolved immediately. That will lead into an educational discourse around harmful organizational cultures’ characteristics, causes and remedies. Once we have spoken on this issue, we will then proceed to present our solutions for the contributing factors: (1) stronger HR practices and procedures (e.g., inclusive, diversity-oriented hiring practices) and (2) a newly formed human rights committee to oversee the implementation and evaluation of an employment equity initiative, including a zero-tolerance harassment policy.

To build upon our recommended solution:

Formal apologies for Ms. Scarlett. Mr. Brighton, Mr. Green as well as managing partner Mr. Oakmont are to provide formal apology letters to Ms. Scarlett. They should include acknowledgement of wrong-doing, sincere and genuine apology, and a commitment to proceeding into the future in a manner that sustains that commitment.

A compensation package for Ms. Scarlett. Ms. Scarlett’s compensation package will contain a $10,000 bonus and two-weeks paid annual leave.

Mandatory unpaid suspension for Mr. Brighton and Mr. Green. Three-month unpaid suspension for Mr. Brighton (for multiple serious complaints) and two-week unpaid suspension Mr. Green (for his first known misdemeanor) and a transfer from the position that handles HR grievances.

A strategic human resource management plan with bi-annual evaluation by an external firm. “Diversity management is not merely desirable, but mandatory if an organization is to effectively attract, utilize, and develop human resources.” (Schwind H. , 2016, p. 194)  In order to shift to a more diverse workforce, the commitment to equitable practices and conduct must be central to the organization’s core values. Oakmont & Associates’ principles of serving clients with the utmost professionalism is to be consistently transferred throughout the firm culture, in the socialization of employees, and in standards of personal conduct. One mechanism in diversifying is dismantling of the glass ceiling, which refers to “invisible, but real obstructions to career advancement of women and people of visible minorities, resulting in frustration, career dissatisfaction, and increased turnover.” (Schwind H. , 2016, p. 191) This will enhance employee job satisfaction, productivity, enhance organizational commitment and increase overall competitiveness and productivity.

An internal human rights committee to oversee a zero-tolerance harassment policy. Formation of a Human Rights Committee, with a senior partner appointed director. This committee will oversee development, implementation and evaluation of our new Employment Equity Initiative, which includes a zero-tolerance policy for harassment.  This initiative is to widely publicize harassment-free, equitable working environments for all employees, particularly for female-identifying employees who have been harmed by past discrimination and underrepresentation. It aims to: (1) develop strategic plans to ensure these policies are understood, embraced and promoted, (2) provides structures for victims of harassment to report anonymously and safely, and (3) to evaluate the effectiveness of these policies and programs in order to build stronger, more equitable practices into the future.  It will be featured in the Oakmont & Associates 2019 Handbook, promoted widely via visual displays and posters throughout the physical location of the firm, included on the company website and social media outlets, and reiterated during each semi-annual board meeting.

A review of hiring practices will be conducted, and proper measures will be taken to ensure human resource staff are well-equipped to handle harassment reports, and sensitivity training will be provided to staff members who have exhibited insensitive or discriminatory behaviours. Mandatory anti-harassment training seminars will commence early 2019 and continue annually until further assessment of the corporate culture indicates the systematic issues have been resolved.

Mandatory sensitivity and anti-harassment training programs for all partners and employees. We will address the predatory boys-club culture that exists, challenge the senior partners to reflect on their own behaviour, explain that though we are not always at fault for the ways in which we are socialized (as many men do not feel their behaviour is inappropriate) it is still our responsibility as professionals to raise our standards of etiquette and respect to match, if not surpass, what is deemed socially acceptable. We recognize that people are resistant to criticism, so we must use a tactful method of focusing on the systemic issues, as opposed to placing individual blame. Through a compassionate but direct approach, we can facilitate a dialogue where the partners are reflective and introspective to their own role in this culture without pushing them into a defensive mentality.

            This action plan will have desirable outcomes for Ms. Scarlett and Oakmont & Associates, as well as allow Mr. Brighton and Mr. Green to maintain employment with the company. Though there may be initial resistance, once a strategic HR diversity initiative is carefully planned, implemented and monitored, it will be accepted by the workforce and yield many benefits for the firm. Modern corporations are feeling immense pressure around workplace diversity, inclusion and equity, and they are working towards evolving their corporate cultures to reflect the progress in today’s society, including the equal and fair treatment of all employees regardless of sex, gender-identity, age, disability, ethnicity, religion or status.

Timeline and Goals of Action Plan. We anticipate that these solutions will be fully implemented within1 year. We have short-term goals of immediately hiring 2 new female senior partners and long-term goal of hiring an additional 4 new positions which will be determined based on employee interviews, job descriptions, and the staffing needs deemed necessary to increase diversity.

The management meeting will be scheduled within 30 days. The internal HR audit will be scheduled within the next 90 days, including administration of employee questionnaires. The findings of the audit will be disseminated within a month. The follow-up evaluation will take place within a 6-month period. The development of a human rights committee, EEI and zero-tolerance policy must be submitted for review within 1 year. Once received, HR consultants will return for an additional internal audit and employee interview process. A closing consultant-manager meeting will discuss the outcomes and ensure the target problem behaviours have been resolved and the methods in place are working toward creating a healthy organizational culture. Upon successful assessment, Oakmont & Associates will receive an official certificate in diversity management and zero-tolerance harassment policy implementation.

Conclusion

Elle Bee HR consultants was asked to resolve a complaint of sexual harassment made against Mr. Brighton by Ms. Scarlett. The objective of providing an agreeable settlement between the two parties and Oakmont & Associates was achieved through negotiations, agreeable settlements, and appropriate disciplinary recommendations. However; as was shown in this report, the issue was much more complex than originally perceived. To truly resolve the issue of sexual harassment it was necessary to first change the organizational culture that exists at Oakmont & Associates. This case is indicative of the multifaceted challenges our firm encounters as HR Consultants and highlights the reasons Human Resource Management plays such a significant role in today’s work environments. By creating and enforcing strong sexual harassment policies, implementing employment equity programs, increasing diversity in the workplace, and establishing evaluation standards we can change the existing culture to one that values and respects all persons thus allowing Oakmont & Associates to fulfill their organizational objectives.