Types and Examples of Workplace Harassment - Essay Example

Workplace Harassment Insert Name Course, Class, Semester Institution Instructor Date Workplace Harassment Introduction Harassment is among the most unjustified of negative conducts in the contemporary place of work. Workplace harassment is said to have occurred when one receives unwelcome conduct or gestures from another party, be it a group or an individual (Shrier, 1996). Something can be said to be unwelcome or distasteful when and where such gesture or conduct was not solicited for by the individual receiving it. Unwelcome conduct or gestures could be verbal or non-verbal in nature. In the workplace context, an act or gesture is considered as harassment when and where such gesture results in substantial change in the employment position or performance of such party. This topic is one of the most important topics in contemporary corporate practice. This paper seeks to discuss the topic of workplace harassment in the contemporary corporate world. The first part of the paper gives the rationale behind the selecting of this topic. The second part seeks to explain the concept of workplace harassment from the point of view of the employer and the employee. At this point, the paper gives examples and types of workplace harassment as well as the roles of the employer and the employee in combating the misconduct. The rationale behind the choice of topic The major reason why I elect to discuss this topic is because organizations are adopting diversity at a very high rate. The rate at which diversity is taking root at the workplace can be attributed to the rate at which globalization is taking root. Globalization has been termed as one of the most inevitable aspects of the social order of the global community (Shrier, 1996). With the spread of globalism, people from different races are now working under one organization. Another reason why the topic is important is because the workplace is now embracing gender equability. As such both sexes are represented almost equally in the workplace, thanks to the fair education and legal systems. Such equality has been characterized by serious influx of women into the workplace that was formerly associated with their male counterparts. It is a matter of common knowledge that the women are more vulnerable to harassment than men. Consequently, workplace harassment has become rampant in the modern world than it was a few decades ago. It is no puzzle then, why I choose to discuss this topic. The concept of workplace harassment Workplace has been described variously as a conduct, verbal or non-verbal, physical or psychological, which significantly affects the employment status, performance, comfort and ego of an employee or any party at the workplace (Paludi & Paludi, 2003). Experts in the field of personnel management have further explained that an act that constitutes harassment must in one way or another violate part or one of the legally protected attributes such as race, color, age, sex and so on. Workplace harassment is a form of discrimination as it is rooted in people’s biases and individual prejudices. It is mostly executed by racists, ethnic chauvinists, sexists, as well as uncultured supervisors and malicious bosses. It is important to take note of the fact that workplace harassment need not be sexual in nature. It could be non-sexual but still offensive. For an act to qualify as workplace harassment, it must be sufficiently harsh as to cause uneasiness in the place of work. Types and examples of workplace harassment Arguably, sexual harassment is the most common form of workplace harassment. This is the most common and heard-of type of office misconduct. In addition to the sexual harassment, there are other forms of harassment. For instance, there are non-sexual forms of workplace harassment as well as management related forms of harassment. These will be discussed in detail as follows: Sexual harassment and malpractices Sexual misconduct that amounts to harassment may take many forms. Any conduct at the workplace that makes a person feel discriminated or mishandled following their sexuality may be said to be sexual harassment (Cooper et al, 2011). In the contemporary world, sexual harassment is possible among members of the same sex. For instance, a man can assault his fellow male employee sexually. In the developed nations, especially, where rights are being given to the gay community, people are so sensitive to the manner in which they interact and socialize with others. As such, people are cautious in the way their employers, supervisors handle them, sex notwithstanding. The usual manly pat on the back can be translated to mean sexual assault in the workplace today. It is for this reason that the laws governing harassment at the workplace keep on changing from time to time following the dynamic nature of the society. The most common examples of sexual harassment include such things as making offensive remarks concerning the sexuality of an individual. Such remarks could be made in reference to a particular body part or sexuality of a person. For instance if a man or group of men comment on the body parts of a woman appear or how they affect them, the men or individual will be said to have performed sexual harassment. The victim can, through a lawyer, sue such individuals for sexually harassing them. Similarly, staring at an individual in a sexually suggestive manner amounts to sexual harassment. Staring may, however, be regarded as normal where such an act is momentous and non repetitive in nature (Achampong, 1999). Although it may be offensive to the individual being stared at, it may not amount to sexual harassment. The worst type of sexual harassment is that involving physical touch. Such touch may range from a simple pat to actual offensive contact such as touching the privates of an individual. Physical contact may take the form of simply brushing of shoulders, hugging or even a simple handshake accompanied by a sufficiently suggestive verbal gesture (Paludi & Paludi, 2003). Verbal forms of sexual harassment may include such acts as making dirty distasteful jokes relating to sexuality. For instance making a joke implying that an individual is a homosexual amounts to gross misconduct. Comments relating to pregnant women and such sensitive issues as child birth may as well amount to sexual harassment. Sending sexually explicit messages and literature is another form of sexual harassment. Such literature and media may take the form of text messages, images and offensive adult magazines. Such forms of sexual harassment are treated with much seriousness since they are evidence in themselves. Non Sexual harassment There are some conducts, both verbal and actual, that can be termed as workplace harassment. Such acts are usually results of prejudices and subjective judgments. Perhaps the most appropriate illustration for this kind of acts is racial discrimination. This is the act of demeaning others or despising them along the lines of race. This has been known to be common phenomenon especially in Europe. The researches carried out in the 1990s indicated that the most notorious countries as far as discrimination were concerned were Germany and Italy (Achampong, 1999). The same study indicated that the races that were most discriminated against t were the Asians and Africans. Racial discrimination may take the form of careless yet intentional comments on the color and background of an individual or group of individuals. People may make such remarks as Arabian people are all racists. Such a remark will definitely amount to racial discrimination against any person of Arabian decent at the work place. Related to racial prejudices and discrimination is the act of ethnic chauvinism. Ethnic chauvinism is the act or behavior of thinking of one’s ethnic orientation as being superior to the others (Cooper et al, 2011). As such, such an individual may end up maltreating members of other ethnic groups. Such maltreatment may take the form of abuses and use of demeaning words in referring to such members. An employee will usually feel offended if his or her ethnic orientation is considered inferior. Other than such prejudices and judgments based on one’s background, other forms of non sexual discrimination or harassment may come in the form of negative comments about the physical and mental capacities of an individual. Referring to a person as physically weak may amount to workplace harassment since such a comment is likely to affect the performance of the concerned employee. A person referring to his fellow employee or his worker as being a mental retard will be held guilty of workplace harassment. From the earlier description, an act will be considered as harassment if such an act causes substantial effects on the performance of the individual. Referring to an individual as a mentally challenged worker is likely to impact so negatively on psychological set up of the individual. Psychological wellbeing is a significant determinant of the success or otherwise of a worker (Paludi & Paludi, 2003). The fact that such harassment is likely to disturb their psychological set up makes harassment such a serious crime. Harassment is an act in breach of the provisions of the constitution. Any conduct is inconsistent with the provisions of the constitution are punishable to the extent of their inconsistency. Other examples of non sexual harassment at the place of work include such things as negative comments about the ancestry, religion and age of an individual. A worker discriminating against a Muslim will be charged with workplace harassment. Harassment in the context of religion may arise from the fact that the employer denies the employee some time to observe their religious practices. This is a common type of harassment as many people may not be willing to work on those days that they consider holy. This form of harassment is exclusively done by the managerial staff that is concerned with the development of schedules and programs. Gossip, ridicule and abusing are other forms of work place harassment. Management-initiated harassment This is a form of workplace harassment associated with the managerial staff such as the supervisors, the line managers as well as the top managers. The perpetrators of this harassment do it because of their positions and powers (Shrier, 1996). By harassing the junior members of staff, such managers are said to have abused their powers. The supervisor, for instance, can take advantage of their position to harass a junior member with threats of firing or demotion. The most common form of workplace harassment committed by the management class is sexual harassment. Such sexual harassment may be in the form of sexual favors that are given in return for a better position in the firm. This kind of harassment is common during the recruitment and appraisal stages of employment. Research indicates that this form of harassment fundamentally target the young women that are seeking jobs. The girls may give in due to desperation. This is what makes it difficult to sue. The accused will cite consent as a defense. Any form of harassment associated with a member of the management is connected with a significant change in employment status. A manger that sexually exploits a junior employee will likely promote them or simply improve their income (Achampong, 1999). On the contrary, the junior that do not give in to the selfish manager’s demands will face demotion or even complete dismissal from duty. The dismissed party can sue the former boss for harassment if they sufficiently believe that they were treated unfairly. The kinds of sexual harassment in which managers engage in are referred to as quid pro quo relationships. These are, in simple terms referred to as ‘this for that’ relationships. The manger gives the job or promotion in return for sexual relationship. Most harassment involving senior employees and members of the management amounts to what is known as constructive discharge. Constructive discharge is a legal term used to refer to a situation where the employer makes the workplace conditions so unpleasant that the employee remains with no option other than to quit the job (Paludi & Paludi, 2003). Where the employer or his stewards, the managers, want to exploit an employee sexually and such employee refuses to give in, the managers will, in one way or another make the employee quit the job. One of the ways through which they can make an employee opt to leave is through the use of discretion to unfairly punish an individual. Such punishments as demotions and suspensions affect the performance of the employee significantly. As such constructive discharge takes place. It is worth noting that not all negative acts of the nature discussed in the above three categories constitute work place harassment. For instance, a person could innocently pat another on the shoulder or back as a sign of friendship. The other party may take offense and accuse the friend of work place harassment. Quantifying and standardizing that which constitutes work place harassment is quite a task in the sense that people are different (Cooper et al, 2011). The fact that there is much diversity at the work place in the modern world means that the cultural beliefs of people could be different. A hug to one employee could be a sign of innocent friendship. To another, it could be as offensive as to pass as work place harassment. It is for this reason that people at the work place have to understand the background of one another before they employ prejudice. It is for this reason that interactions are encouraged at the work place. Making claims of work place harassment Before one can claim to have been sexually harassed, they must consider a number of conditions to determine whether or not they are justified in making their claims, for instance, one must determine whether or not they fall within the classes or categories protected by the laws of the country (Shrier, 1996). A person that is not legally recognized cannot sue for sexual or any other form of harassment. Secondly, one must be sure that the act performed on or to them actually constitutes workplace harassment. For instance, one cannot sue for an act for which they solicited. If for example, a female employee keeps staring at a male counterpart in a sexually suggestive manner, and such male employee stares back, the female cannot sue or accuse the male counterpart since such contact was solicited for. Thirdly, there must have been sufficient reason to make any reasonable person to believe that that the contact or the gesture was unwelcome and that such gesture was done because the injured party belongs to a certain class or category (Achampong, 1999). Additionally, the gesture must have been repeated since a simple, absent-minded stare could be mistaken for sexually suggestive conduct. Finally, the aggrieved party must have been affected significantly. The conduct must have been of such nature and consequence as to have caused substantial change in the employment position and status of the employee. Role of the employer in preventing workplace harassment The employer has the obligation to execute all necessary steps to ensure minimum incidences of such nature take place. For instance, the employer is obliged to implement a serious preventive policy. This may include the deliberate efforts by the employer to educate their employees on the need to respect the privacy and comfort of others (Cooper et al, 2011). The employer can further institute stringent regulations governing the conduct of employees. This may include the use of a formal disciplinary procedure. Such disciplinary procedures should have such serious punishments as dismissal and suspensions. This will impact on the psychology of the workers and minimize the likelihood of such bad conduct. Additionally, the employer should supply all individuals with all the relevant bits and pieces of the law relating to workplace harassment. This way the employer will have mitigated their liability in relation to such negative conduct. Role of the employee in dealing with workplace harassment Arguably, the employees are the worst affected class of stakeholders at the workplace. Worth noting is the fact that workplace harassment can be committed by almost all stakeholders in the work environment. Such harassment is most prominently associated with fellow employees, employers, group of workers, member of the general public or even a client or a customer. The employee remains on the receiving end always. It is for this reason that the employee is advised to make it their duty to prevent such negative acts at the place of work (Paludi & Paludi, 2003). An employee can mitigate such negative gestures by conducting themselves in such a manner that will not likely welcome any negative gestures. They can do such things as dressing decently, sticking to the employees’ code of conduct as well as reporting any signs of harassment. Embracing high standards of discipline and respect is likely to reduce such incidences as well. Conclusion From the foregoing, it is clear to see that workplace harassment is a serious crime as it violates the laws that protect classes. Its gravity is as well exaggerated by the fact that it significantly affects the employment status of an employee. For instance, such conduct may cause the resignation of an employee. Similarly demotion, dismissal as well as promotion are results of workplace harassment. Changing the employment status of an individual is sufficiently criminal to have one jailed since such change in status affects the performance of the affected party. It is important to note that the employer has a role to play in as far as prevention of the conduct is concerned. The employees also have a role to play in shielding themselves against such harassment. The duty o mitigating chances of workplace harassment therefore rests on all stakeholders of the organization. References Achampong, F. (1999). Workplace Sexual Harassment law: Principles, Landmark Developments and Framework for Effective Risk Management. London: Greenwood Publishing Group Cooper, C., Zapf, D., Hoel, H & Einarsen, S. (2011). Bullying and Harassment in the Workplace: Developments in Theory, Research and Practice (2nd Edition). Boca Raton: CRC Press Paludi, M & Paludi, Jnr. C (2003). Academic and Workplace Sexual Harassment: A Handbook of Cultural, Social Science, Management and Legal Perspectives. London: Praeger Publishers Shrier, D. (1996). Sexual Harassment in the Workplace and Academia: Psychiatric Issues. New York: American Psychiatric Press, Inc Read More