For a Limited Time receive a
FREE HR Report "Top 10 Best Practices in HR Management." This comprehensive special report will give you the information you need to know about these current HR challenges and how to most effectively manage them in your workplace.
Download Now Have you seen the Charlize Theron movie "North Country" that was
released in late October? If so, you know it is a fictionalized account of the
first successful sex harassment class action lawsuit in the United States. Lead
plaintiff Lois Jenson filed her first legal charge in 1984, and until 1975,
there had been no women at all in her workplace. Finally, in 1993, a federal
district court awarded damages to the female plaintiffs who charged severe harassment
from their male supervisors and co-workers in Minnesota iron mines.
That was the old days, right? As a Minnesota Public Radio documentary
series describes the plaintiffs in Jenson v. Eveleth Mines, they "broke
new ground and changed the workplace forever." So, in the 12 years since
the court's ruling, antiharassment training has been widely successful,
women are treated equally, and they seldom encounter such hostile work environments.
Right?
Most of us would like to believe that's true ? but we know better.
And we also know that some kinds of workplaces are harder to change than others.
That's especially true of organizations that have traditionally been all-male
environments characterized by hard physical laborlike mining, manufacturing,
and meat-packing. Entrenched attitudes are much harder to change in those workplaces,
says employment lawyer Patricia Griffith, so HR people need to go at least one,
and perhaps several, miles further in designing and deploying antiharassment
training. Griffith is a litigator with Ford & Harrison's office in
Atlanta, Georgia, and she frequently counsels clients on how to prevent harassment
in difficult environments.
How should training be designed? 'To respond to the culture of
your workplace,' Griffith might respond. As she says, "Steel mills
are different from discount department stores." Her overall guidelines
are these: "Train supervisors to recognize harassment and step in to stop
it. And then train employees, so that they will alert supervisors and make them
pay attention." Many organizations train only supervisors, she notes, but
especially in difficult environments, it's equally important to train all
employees. Available tools include a video or PowerPoint presentation, including
trainer-led quizzes and course completion certificates. For example, BLR offers
How to Recognize & Prevent Sexual Harassment, a 30-slide PowerPoint
program that includes a booklet for each employee.
But in some workplaces, that may not be enough. At a steel mill or construction
site, for example, you can give all employees basic training, and too many of
them may still not 'get it.' Here are examples of further efforts
used successfully by Griffith's clients.
One company presents its antiharassment video both when orienting new employees
and annually to the entire workforce. A Spanish-language version of the video
is also available. But the CEO and other members of upper management personally
introduce the presentation each time it's given. That approach, Griffith
stresses, can give lower-level employees added courage. Every workforce can
contain a 'bad apple' or two, but employees who believe top management
will support them are more likely to report these individuals. This technique
can also serve as evidence in court that the company as a whole should not be
held liable for an individual harasser's behavior.
Getting the message across. Speaking of court, we suspect that mock
trials are Griffith's favorite training tool. Groups of employees from
different work teams and locations come together for a hypothetical sex harassment
trial. The basic scenario is introduced, and workers are assigned the roles
of two witnesses for each side, opposing attorneys who present brief opening
and closing statements, a judge to give instructions, and the jury. You might
think that, given the same scenario, each jury would reach the same verdict.
But that doesn't happen. "Present the same situation to 10 different
groups, and you're likely to get at least 8 different verdicts," says
Griffith, because attorneys and witnesses come across in very different ways,
and the composition of each jury is different. "The whole group discusses
the verdict after the jury announces it, and that's what really brings
the message home on all levels: There is no objective truth, there are only
different perceptions and perspectives."
One organization with an extremely difficult environment takes it even further:
As each female worker arrives to begin her shift, she must sign a document stating
that she was not harassed during her previous shift before she can clock in.
If she can't sign, she must go to HR to complain. Strong medicine, Griffith
admits, and lots of employers would balk at such measures, fearing a deluge
of charges that aren't legitimate. But a company might need to use such
a procedure only for a limited time, until the workforce seems to understand
and be willing to comply with the antiharassment policy.
Finally, a technique Griffith recommends where most employees have access to
computers is self-paced individual training, with built-in quizzes and an acknowledgment
form. For a good example, check out BLR's Interactive CD Course: Sexual
Harassment on our website, www.blr.com.