Opening Doors to Conflict Resolution - Literature review Example

Opening Doors to Conflict Resolution Introduction Conflict is widely regarded as a common incident in every human relationship. Often, conflict is related with the violent dispute or agreement between two individuals or two groups, which increases instability within the environmental setting. In precise, when concerning workplace hazards, conflict resolution can be denoted as a subject, which must be dealt in with due concentration in order to ensure smooth functioning of the organization and minimizing disruptions in the working environment. It is worth mentioning that conflict has the complete potential to either cause massive destructions or bring positive social changes within the community and thus, must be dealt resolved in an efficient manner to gain maximum positive benefits (Fisher, 2000). Conflicts in an organizational workplace may arise due to various reasons; one particular cause being the claim of sexual harassment by an employee against another. Similarly, in this conflict resolution paper, sexual harassment claim within the workplace setting, has been taken into consideration. Workplace sexual harassment can occur in various forms such as bullying, offering for date on repeated instances despite of rejection and giving some kind of unwanted physical touch. In the past few decades, the number of sexual harassment cases has rapidly increased in the workplaces, often raising chances of conflicts within two or more employees (International Labor Organization, 2010). In this paper, the various conflict resolution measures that can be adopted to deal with conflict situations arising from the claim of sexual harassment between two employees has been proposed. Accordingly, significance has been provided on the implementation of visionary, managerial and legal steps for conflict resolution in such circumstances. Visionary measures of conflict resolution Claims of sexual harassment made by one employee against another, within the workplace, can be eradicated to a certain extent with the adoption of certain visionary measures. The visionary measures in this context can be denoted as those steps implemented for the improvement of employees’ knowledge base regarding their obligations to avoid conducting sexual harassment and also protesting against any such occurrences within the workplace. The initial step of eradicating the problem of sexual harassment from the workplace is to standardize the culture prevailing in the workplace. It means that the policies of the organization must be designed in a manner that the staff members are able to identify sexual harassment cases and discourage the same at the very rudimental level. All the employees must be provided with education and training on awareness of sexual harassment within the workplace so as to avoid such occurrences. These activities will not only develop a particular framework for the organization but help the organization to improve its resolution strategies at the beginning phase itself, thus mitigating the conflict at the ground level imposing minimum ill-effects on the workplace. Apart from these basic steps, the major visionary measures that can be implemented within the workplace for resolving sexual harassment claims are grooming sessions to the employees and formation of a risk management team to investigate the truth behind the claim (Government of Alberta, 2010). The grooming session of the employees must comprise of few of the elements such as clarifying the roles and responsibilities of the employees during the recruitment process itself. The other step would be to educate and train the staff on making instant reports of any kind of sexual torture to the concerned authority. The employees must be made aware of their rights and the assistance that would be provided in case of such instances. The available assistance to the employees hereby denotes the applicable legislation to the employee including various policies and procedures. All these information must be communicated to other employees as well, in a transparent manner, so that they are sufficiently aware of the risks associated with such misconducts, which will further reduce possibilities of such occurrences in the future. Certainly, the formation of risk management team will assist the organization to keep a close track of the incidents of sexual harassment within the organizational boundary and help identifying the validity of the claim made (Government of Alberta, 2010). However, it will be essential to select the team members of the risk management unit in an unbiased manner, so as to obtain reliable and just opinion on the matter and thereby, make the resolution effective. Managerial measures of conflict resolution To resolve conflict situations arising in the aftermath of claims made on sexual harassment, few noteworthy managerial tactics can be used for. One of the essential measures for resolving the identified conflict within the workplace is the implementation of Code of Conduct abiding with the set regulations. The Code of Conduct must include sections on discrimination and sexual harassment along with ensuring the employees for a favorable and safe working environment, which will further help them identify sexual harassments and thus, make the resolution method more transparent. The promotion of a safe and secure working environment must also be encouraged within the workplace so that the employees can grow a sense of respect for each other within the workplace. Notably, the formulation of the Code of Practice shall act as a preventive measure of the sexual harassment problem. Few of the vital elements must be included in the Code of Practice so that the employees are aware of the risks associated with the conduct of such offensive activities within the workplace. The Code of Practice must include a clear statement on the punishments or actions to be taken in case of sexual harassment to the other employee given that the claim is proved and treated legitimate according to the regulations and legal definition of workplace sexual harassment (Northern Territory Government, 2008). Apart from these practices, the other essential measure that can be adopted for the resolving of sexual harassment cases within the workplaces is the hiring of a counselor for quick and effective solution to the problem. The counselor must be assigned with the tasks of providing complete information to the employees regarding any kind of undesired or unusual behavior and the subsequent measure that can be taken against the offenders in such cases. The counselor must also assure the employee with enough support for filing a complaint against the sexual harassment, provided no firm motive is found suggesting the claim to be irrelevant. The team of managers appointed for the task must develop a clearly mentioned policy against the offense along with implementing and monitoring the effective application of the policies within the boundary of the organization. The building of the policies and its implementation must be made aware to all the employees working within the organization. The policies must be discussed in the presence of selected staff members with assurance to their privacy rights. Notably, these criteria can be mentioned in the Code of Ethics or Code of Practices of the organization and the members of the organization will be legally obliged to follow it (Northern Territory Government, 2008). Regardless of all the aforementioned discussion, the managers and all the employees must be aware of their roles and responsibilities for maintaining their standards of behavior. All the employees must also behave and work according to the Code of Practice set by the organization. They must be aware of the various forms of sexual harassment and the extent of harm it can cause to the individual as well as the organization. In such case, the employee who has been harassed must report to the concerned authority at the earliest so that the conflict can be solved at the initial stage. The management must also make sure that any conduct of the employee does not encourage behavior of harassment either directly or indirectly. Apart from all these responsibilities, the managers or the supervisors will be entrusted with certain additional responsibilities. All the top level managers must be very much acquainted with the policy designed by the department against workplace harassment and also emphasize that the policies are successfully implemented. The managers must also focus on setting high standards of professional behavior within the workplace. The most important responsibility of the managers for the eradication of sexual harassment within the workplace is responding seriously to all the complaints made by the employees against sexual harassment cases within the workplace (McLaughlin et. al., 2012). Legal measures of conflict resolution The final step for solving sexual harassment cases within the workplace is to take the assistance and guidance of the legal bodies or authorities under the legislation. Sexual harassment has been defined under the Civil Rights Act of 1964 (§.703 of Title VII) as any kind of unwelcomed verbal communication or comment and/or physical conduct of sexual nature. Later, the definition was reformed by the Equal Employment Opportunity Commission (EEOC) in Code of Federal Regulations (29 CFR §1614.11(a)), stating that the verbal communication and/or the physical contact is determined as harassment under particular circumstances. For instance, if the employer makes any kind of sexual offer on the terms of employment opportunity, it is to be treated as sexual harassment. Again, if rejection of such offers is made by the employee and this rejection is used by the employer as the source for determining the demotion or termination of the employee from the employment, it is also to be quoted as sexual harassment (National Aeronautics and Space Administration, n.d.). Thereupon, legal procedure for solving the cases of sexual harassment within the workplace requires certain formalities to be conducted. A person being harassed must file a complaint with the EEOC within 180 days of the incident occurrence in order to avail the benefit of Title VII of the 1964 Civil Rights Act. Title VII of the 1964 Civil Rights Act states that any kind of employment discrimination, on the basis of sex, race, color or religion is strictly prohibited within the workplace. Title VII further covers all the private and public sector employers in the US including any US citizen working in a US company operating its business in other country (U.S. Equal Employment Opportunity Commission, n.d.). Accordingly, seeking legal advice on the matter in resolving the conflict, assistance can be taken from the Equal Employment Opportunity Division (EEOD), a distinct dimension of EEOC entitled to deal with such issues. Through the involvement of EEOD, training the employees and making them adequately aware regarding the identification and abolition of sexual harassment within the workplace can be done. Accordingly, taking legal measures, Human Resources Director (HRD) can be assigned with the task of monitoring the prohibition of any kind of discrimination in the workplace based on the claims of sexual harassment by the involved employees, irrespective of whether the claim is proved. This particular department also guides the managers on the fulfillment of responsibilities whenever the issue of sexual harassment is claimed. Office of General Counsel (OGC) under the EEOC also provides legal advice and assistance to the victims of sexual harassment along with training the various organizations on the prevention of sexual harassment and discrimination cases (U.S. Merit Systems Protection Board, 2007). Hence, involvement of these personnel can also be sought in resolving such conflict situations. Recommendations Sexual harassment in the workplaces has today emerged as a common and frequently occurring issue in many of countries around the world. Usually, sexual harassment cases fall under two of the categories, namely hostile environment sexual harassment and quid pro quo sexual harassment. Hostile environment sexual harassment refers to the situation where one party interferes in the activities of the other party in an unwelcomed manner. On the other hand, quid pro quo sexual harassment refers to the particular situation where one party offers for growing sexual relationship in exchange of recruitment or promotion and if not accepted by the offeree, threats are provided to the employee regarding their deduction in salary and demotion from the job, and in most occurrences. However, where the accuser and alleged offender are both employees at the similar hierarchy, the threat is often witnessed in the form of discrimination or isolation of the victim (International Labor Organization, 2010). Hence, it is essential to justify that the claims made by the employee against sexual harassment of being a victim to the same, under legitimate grounds. In case the claim is found to be untrue, measures must be taken in an unbiased manner, while validity of the claim must be followed by relevant legal processes. In this regard, due attention must be provided towards omitting any chances of discrimination to the either employee with the intention to protect their human rights. Conclusion From the abovementioned analysis and discussion, both the employees and managers can be held liable for contributing to the effective resolution of sexual harassment claims within the workplace. At the first stage, it is the complete responsibility of the managers to ensure that such instances are not prevailing within the organizational culture and promote a safe and secure working place for the employees. On the other hand, the employees must also identify and report to the concerned authority regarding the occurrence of harassments so that necessary steps for prevention are taken within due time. Accordingly, the managers or the supervisors must ensure that the problem is solved within the organizational boundaries in a transparent and unbiased manner. Requisite legal assistance can also be sought while resolving the conflict situation as per the provisions mentioned under Title VII of Equal Employment Opportunity Commission (EEOC). Counseling assistance can also be sought from members who are external to the organization, such as from the EEOC, to conduct an unbiased investigation of the claim that shall also safeguard the employees’ interests to the maximum extent. However, delivering adequate significance to the viewpoints of the employees to seek assistance from external members to the organization must be considered with due significance. Looking in to all these aspects, it can be concluded that the most essential step of dealing with such problem is to render a safe working environment within the organization. For this purpose, the employers along with the managers must be trained regarding the damages caused to the employees due to the harassment and similar conflict situations. If both the employees and employers are aware of their roles and responsibilities towards prevention of sexual harassment, the probable chance of such occurrences will automatically reduce to certain extent. References American Association of University Women. (N.d.). Overview of Title VII of the Civil Rights Act of 1964. Retrieved from http://www.aauw.org/resource/title-vii-of-the-civil-rights-act-of-1964/#titleviitop Fisher, R. (2000). Sources of conflict and methods of conflict resolution. Sources of Conflict, 1-6. Government of Alberta. (2010). Preventing violence and harassment at the workplace. Retrieved from http://humanservices.alberta.ca/documents/whs-pub-vah001.pdf International Labor Organization. (2010). Guide on prevention of sexual harassment in the workplace. Definition of Sexual Harassment in the Workplace, 1-33. McLaughlin, H., Uggen, C., & Blackstone, A. (2012). Sexual harassment, workplace authority, and the paradox of power. American Sociological Review, 20 (10), 1-23. National Aeronautics and Space Administration. (N.d.). Sexual harassment: what it is and what you can do about it. Goddard Policy Statement, 1-24. Northern Territory Government. (2008). Guidelines for employers and managers eliminating sexual harassment in the workplace. Retrieved from http://www.adc.nt.gov.au/pamphlets/docs/Eliminating%20Sexual%20Harassment%20in%20the%20Workplace.pdf U.S. Equal Employment Opportunity Commission. (N.d.). Title VII of the Civil Rights Act of 1964. Retrieved from http://www.eeoc.gov/laws/statutes/titlevii.cfm U.S. Merit Systems Protection Board. (2007). Sexual harassment policy and procedures. Alternative Dispute Resolution (ADR), 1-10. Read More