"I WANT HIM FIRED!!"
The receptionist
accused
another employee of sexual harassment. It is a serious allegation.
After
a failed attempt to mediate the situation, the complaint was
investigated.
The complaint was upheld.
Do you fire the
harasser
immediately or do you ask that person to take a sensitivity workshop?
Do
you transfer the harasser to another department? Do you threaten
dismissal
if similar behaviour takes place again?
If no action is
taken
the credibility of the policy will be destroyed.
How
do you decide what
action to take against a harasser? What are the criteria that you need
to weigh to assess an appropriate sanction?
If a thorough investigation
was conducted, you should have enough information to properly assess
the
gravity of the harassment.
Sanction
Assessment Criteria
The following criteria
should
be used when deciding on disciplinary action:
-
The type of harassment
that
occurred -- was it physical or verbal?
-
Aggressiveness and
physical
contact
-
How intentional was
the harassment?
-
The period of time
that the
harassment took place
-
The frequency or
persistence
of the harassment
-
The motive for the
harassment
-
The history of similar
behaviour
-
The physical and
psychological
impact on the complainant
-
The impact on the
complainant's
career
-
The vulnerability of
the complainant
It is important to
recognize
that "intent" is not at issue in assessing whether or not the alleged
behaviour
was harassment (ie. "I didn't mean anything by it,..."). But when
considering
a sanction, intent can be factored into the decision making process.
The type of sanction
asked
for by the victim can also have a significant, but not absolute, impact
on what action is taken. When a victim asks for a limited sanction,
such
as an apology, the policy response may be limited. Usually, an
investigation
is not required. Instead efforts are made to meet the need of the
complainant
through informal conciliation. On the other hand, if the complainant
demands
that the alleged harasser be fired, a more formal approach must be
taken.
If the harassment was severe and the allegation was upheld, dismissal
must
be considered.
In all cases, whatever
sanction
is being considered, the corporate interest relating to liability and a
healthy, productive workplace must be assessed. Even if the victim
wants
a limited sanction, the severity of the harassment may demand a harsher
penalty.
The penalty imposed
should
reflect the Sanction Assessment Criteria analysis as suggested above.
The
range of individual actions may include:
-
Discipline ranging
from a reprimand
in a personnel file to dismissal
-
Transfer to another
work location
-
Change of job or
reporting
responsibilities Counselling
-
Sensitivity education
Other possible
actions include:
-
Transfer of the
complainant
(if requested)
-
Counselling for the
complainant
-
Education or training
for supervisors
or other employees
-
Revision or addition
of workplace
policies to address systemic issues
-
Discipline of a
manager or
supervisor who was aware of the harassment but did not deal with it.
From
the June, 1997 Edition of Sexual Harassment Policy Update
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