Pearson eText Snippet for Reference

Sexual Harassment—When Power and Ethics Collide

1. LO 12.8 Define sexual harassment, and discuss what organizations can do to prevent it and how they should respond to allegations.

In recent years, a number of high-profile sexual harassment cases have made news headlines and brought increased attention to this problem. In addition to numerous cases reported in the American and Canadian military, many organizations, including Mitsubishi, Astra, Sears, and Del Laboratories, have found themselves involved in costly litigation cases.90 The failure of these organizations to effectively respond to charges of sexual harassment has cost them millions of dollars in settlements as well as lower productivity, increased absenteeism, and turnover. As well, the effects on employees can include decreased job satisfaction and organizational commitment as well as reduced psychological and physical well-being.91

The following is a fairly comprehensive definition of sexual harassment:

The EEOC [Equal Employment Opportunity Commission] regulatory guidelines state that unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature constitute sexual harassment when submission to requests for sexual favours is made explicitly or implicitly a term or condition of employment; submission to or rejection of such requests is used as a basis for employment decisions; or such conduct unreasonably interferes with work performance or creates an intimidating, hostile, or offensive work environment. On the basis of these guidelines, current legal frameworks generally support two causes of action that claimants may state: coercion of sexual cooperation by threat of job-related consequences (quid pro quo harassment) and unwanted and offensive sex-related verbal or physical conduct, even absent any job-related threat (hostile work environment).92

Sexual harassment is a form of unethical behaviour that stems, in part, from the abuse of power and the perpetuation of a gender power imbalance. Managers who use their position, reward, or coercive power to request sexual favours or demonstrate verbal or physical conduct of a sexual nature as a basis for employment decisions toward those in less powerful positions are abusing their power and acting unethically. While the most severe forms of sexual harassment are committed by supervisors, the most frequent perpetrators are actually co-workers. Although co-workers do not necessarily have the same formal power bases as supervisors, power differences often exist among co-workers and can also play a role in sexual harassment. Whether the harasser is a supervisor or a co-worker, he or she is likely to be more powerful than the person being harassed,93 and the most vulnerable victims are those who cannot afford to lose their jobs.94

Sexual harassment is also prevalent in hostile work environments that perpetuate the societal power imbalance between men and women. For example, the higher incidence of harassment reported in the military is believed to be partly a function of its rigid hierarchy and power differentials.95 Incidents of harassment and organizational inaction to complaints of harassment are also more likely in male-dominated industries in which men attempt to maintain their dominance relative to women.96

Clients and customers can also engage in harassment. Many service jobs are performed by women, who are required to spend virtually their entire workday with customers. Other jobs (e.g., sales rep) require the development of strong client relationships. In a web-based survey of professional women, 86 percent reported having experienced sexist hostility; 40 percent reported unwanted sexual attention; and 8 percent reported sexual coercion. Harassment increased when the proportion of men in the client base increased and when the clients were perceived as holding a lot of power (e.g., were very important to company business). Also, minority women were more likely to be harassed.97 Jennifer Berdahl found that harassment was more likely to be experienced by women who exhibited traditionally masculine personality traits (such as independence and assertiveness). Thus, the motive was punishment for gender role “deviance” rather than sexual desire.98

Like the RCMP, many organizations are slow to react to complaints of sexual harassment. This has been labelled the “deaf ear syndrome,” which refers to the “inaction or complacency of organizations in the face of charges of sexual harassment.”99 The deaf ear syndrome doubtless contributes immensely to the marked tendency for harassment to go unreported. An Angus Reid poll found that nearly a third of Canadians reported sexual harassment at work, but 78 percent of these respondents did not report the behaviour.100 Management at CBC Radio was accused by some of turning a deaf ear to harassment complaints about fired radio host Jian Ghomeshi because he was such a successful “talent” fronting the well-regarded progressive pop culture program Q.101

Organizations can effectively deal with allegations of sexual harassment and increase their responsiveness by taking a number of important measures.

• Examine the characteristics of deaf ear organizations. Managers should examine their own organizations to determine if they have any of the characteristics that would make them susceptible to the deaf ear syndrome.
• Foster management support and education. Sexual harassment training programs are necessary to educate managers on how to respond to complaints in a sensitive and respectful manner.
• Stay vigilant. Managers must monitor the work environment and remove displays of a sexual nature and factors that can contribute to a hostile work environment.
• Take immediate action. Failure to act is likely to result in negative consequences for the organization and the victims of sexual harassment. Organizations considered to be the best places for women to work are known for their swift action and severe handling of harassers.
• Create a state-of-the-art policy. Sexual harassment policies and procedures need to clearly define what constitutes harassment and the sanctions that will be brought to bear on those found guilty of it.
• Establish clear reporting procedures. User-friendly policies need to be designed so that there are clear procedures for filing complaints and mechanisms in place for the impartial investigation of complaints. The privacy of those involved must also be protected.102

Organizations that are responsive to complaints of sexual harassment have top management commitment, provide comprehensive education programs, continuously monitor the work environment, respond to complaints in a thorough and timely manner, and have clear policies and procedures.103 An example is DuPont, which has developed a sexual harassment awareness program called A Matter of Respect. It includes interactive training programs, peer-level facilitators who are trained to meet with victims or potential victims, and a 24-hour hotline.104

Employing Ethical Guidelines

A few simple guidelines, regularly used, should help in the ethical screening of decisions. The point is not to paralyze your decision making but to get you to think seriously about the moral implications of your decisions before you make them.105

• Identify the stakeholders that will be affected by any decision.
• Identify the costs and benefits of various decision alternatives to these stakeholders.
• Consider the relevant moral expectations that surround a particular decision. These might stem from professional norms, laws, organizational ethics codes, and principles such as honest communication and fair treatment.
• Be familiar with the common ethical dilemmas that decision makers face in your specific organizational role or profession.
• Discuss ethical matters with decision stakeholders and others. Do not think ethics without talking about ethics.
• Convert your ethical judgments into appropriate action.