Beyond the Buzzwords: Recognizing (and Avoiding) Workplace Harassment

Safe and productive workplaces are free from workplace harassment. Harassment can take many forms, including sexual harassment, bullying and discrimination based on race, gender, age, religion, disability or other protected characteristics. Harassment can occur during in-person interactions, group settings, in online communications (chats or email) and on social media. Avoiding workplace harassment is not just about preventing specific behaviors – it is about creating and maintaining a workplace culture that discourages harassment.  

Is It Harassment?  

Workplace harassment is prohibited under several federal acts (or laws). Beyond the buzzwords of legal categories and documents, though, the threshold of harassment can sometimes be hard to establish. Here are some examples: 

•  Emily is known for being demanding and direct — she holds her staff accountable for producing exceptional results. Some staff have perceived her behavior as harassment while others see it as pressing for high performance in a no-nonsense way. 
• Matt is unusually friendly with employees — touching them during meetings and regularly hugging people. This makes some of his coworkers feel uncomfortable. Is it harassment? 
• Over the past few months, Jane has been arriving late without warning or advanced notice. David is now checking on her arrival time daily and regularly states the need to be on time. Jane is telling other employees that she feels harassed by these check-ins. 
• Miguel regularly talks about politics, praising leaders that some workers see as preferring sexist and racist policies. Those employees often argue back in response to Miguel’s praise. This has led to emotional discussions in the hallways and accusations of harassment. What should a manager do?  
• There are rumors in the hallway about a recent meeting where one person made disparaging remarks about another person’s upbringing and education – this was done in the context of recognizing and meeting certain customer needs. The manager responsible for these employees was not in the meeting, but is trying to decide what to do with these rumors.    

Managers and supervisors need to monitor team behavior – and their own communication patterns – to determine whether they may be crossing the line in other people’s eyes. These are not always legal questions – they are often questions about organizational norms of behavior – what the organization considers “okay” among employees. If respectful, fair and consistent communications are clearly expected at a cultural level, it can avoid harassment related challenges.  

Structural Approaches to Avoiding Harassment  

Workplaces should have clear policies and procedures outlining what constitutes harassment, the consequences for such behavior and the steps employees can take to report incidents. Regular training sessions can help make sure that all employees, including management, are educated on these policies and understand their rights and responsibilities. Holding these training courses regularly communicates their importance to the organization.    

In addition to preventative training, organizations should also hold trainings in interpersonal relationships, effective supervision, team dynamics, respectful communication and political savvy. These positively oriented trainings can help employees picture what effective communication and teamwork look like to avoid crossing lines into behaviors that others may view as harassment. Teaching behaviors that are expected is as important as teaching those that are not acceptable. Both are important in a healthy organization.   

If someone accuses someone else of harassment, managers need to be proactive in analyzing and addressing the complaint. This includes taking reports seriously, conducting thorough investigations and ensuring confidentiality to protect the privacy of those involved. Responding promptly and appropriately can help mitigate any potential harm and demonstrate that the organization does not tolerate unacceptable behavior. Also, even if most people do not know the specific details, to protect a person’s privacy, employees can see when inappropriate behavior has been effectively dealt with – trust the process.   

All of these actions promote an environment of open communication. Employees should feel safe discussing their concerns without fear of retaliation. Managers should encourage feedback and be approachable, signaling that they are committed to addressing any issues that arise. 

Finally, managers should continuously assess their workplace culture and seek to improve it. Regularly soliciting employee feedback can provide valuable insights into potential harassment issues and help managers implement needed changes. Managers who take these steps help build a respectful, inclusive and productive workplace for everyone. 

Practical Steps for Leaders  

Let’s move from the organizational and team level to actual practice. What can leaders and supervisors do to avoid crossing a perceived or actual line with employees and customers? 

• Consider Intent and Impact: Always remember that your impact on people may differ from what you meant. Regularly assess how you are impacting other with your words and actions — if your “holding people accountable” just increases anxiety and fear, your impact may differ from your intent. 
• Ask for Permission: If you are someone who enjoys informal physical contact more than others, recognize and stay aware of that difference. Not everyone wants a hug! Observe how others interact and ask for permission before touching — or just hold back a bit. 
• Check Motives and Fairness: Ask yourself if you are holding some people to task more than others and what may be driving these differences. While you don’t have to treat everyone identically, because different people have different needs, you do need to treat people fairly. 
• Get Feedback: For leaders and supervisors concerned about how others perceive them, many organizations offer a 360-feedback process to gather feedback from higher-ups, peers and direct reports. These can be early warning systems for those in power. 

Harassment is serious. Because it is also inherently interpersonal and social, it can be hard to establish in objective terms. Understanding relationship dynamics can help prevent unintended consequences and accusations of harassment. 

Workplace Harassment: Assessing the Burden of Proof 

Allegations of harassment can raise strong feelings of anger, guilt, defensiveness and vulnerability. People handling the incident must consider what the burden of proof is when assessing what to do when someone is accused of harassing someone else. That burden can vary, depending on a number of factors. 

• Relationship: Are the accusations from an employee or non-employee? If the alleged harasser is a non-employee — such as a customer, client or service provider — the approaches used to gather information may differ compared to when two employees are involved. 
• Power Differential: Connected to the relationship is the question of power. It can be tricky when the alleged harasser is in a position of direct power over the accuser, and it is a he-said, she-said incident. There may be different levels of proof here: a baseline level to determine if immediate separation is needed and a higher level for any subsequent disciplinary or contractual action. 
• Direct Evidence: A case for harassment is often best supported when there is direct evidence: a message or surveillance video are two examples. Another form of evidence is feedback from those who witnessed an event first-hand — the more people who saw it and agreed on what happened, the better the proof. 
• Clarity and Strength of Policy: Does the organization have a published policy on harassment, defining it and articulating the consequences? This may be a formal policy for employees, made even stronger if accompanied by training. With non-employees, it could be in the form of a “code of conduct” or contractual conditions. If the policy articulates what is prohibited, it can help establish the baseline against which behavior and proof will be considered. 
• History: The burden of proof to support any specific incident of harassment may differ slightly based on the history. The person assessing the allegation of harassment often needs to carefully and quietly assess whether a pattern of behavior has occurred, or whether this appears to be an isolated incident. Many people reporting the same behavior makes for a stronger — if more troubling — case. 

It can be hard to know what to do next when handling a harassment claim. Systematically considering these five factors can help you and your human resources or legal team determine what the best next steps may be. 

Training Resources on Workplace Harassment   

Pryor Learning offers many resources for both leaders and Human Resource professionals working to prevent or address harassment in the workplace. Check out some of these important Pryor offerings:  

• Sexual Harassment & Bullying in the Workplace – This one-day seminar can help you build a culture that discourages harassment.  
• HR professionals can benefit from Timely HR Issues - Harassment Liability, Overtime Rule, PWFA and More as harassment is a common topic of concern.  
• Communicating with Tact and Professionalism is a great course for an entire team so they can recognize the behaviors that may be viewed by others as busing harassing or bullying.   
• Online and in-person trainings on Management and Leadership can help managers develop the communication and leaderships skills needed to recognize the warning signs of harassment and stop it before it occurs.  
• Comprehensive Training for HR Managers includes important topics related to workplace harassment from the HR-side of the problem.   
• Dealing with Employee Discipline & Performance Problems- Employees or managers who engage in a harassing way need to be disciplined to prevent it from happening again. This course provides important tools for taking these steps.