Workplace Harassment

What is Harassment?

Someone is harassing you if:

*he is doing things to make you feel uncomfortable;
*he is saying things to make you feel uncomfortable;
*he is putting you at risk in some way

The harasser will pick anything that makes you seem different from him. You might be harassed because of your:

*gender;
*race;
*disability;
*age;
*looks;
*sexual preference;
*religious beliefs;
*family;
*birth place;
*political beliefs (including union activities).

You might be harassed just because the harasser doesn't get along with you. Someone might say that you are "as blind as a bat" or "retarded." Comments like these can be harassment. There are different kinds of harassment. Two common forms are sexual harassment and racial harassment.

Sexual harassment is any unwanted attention of a sexual nature, like remarks about your looks or personal life. Sometimes these comments sound like compliments, but they make you feel uneasy. Sexual harassment can include:

*degrading words or pictures (like graffiti, photos, or posters);
*physical contact of any kind;
*sexual demands.

Racial harassment is any action that expresses or promotes racial hatred and stereotypes. It can be obvious or subtle. It can include:

*spoken or written putdowns;
*gestures;
*jokes;
*other unwanted comments or acts.

Racial harassment can be hidden in questions or remarks that seem positive. Here are some examples:

"You are really pretty for a black girl."
"Tell me what it's like to always have your head and hair covered."
"Women from the Philippines are better at that than Canadian women."
"Native people are so good at crafts."

What is a Workplace?

Your workplace may be:

*an office;
*a factory;
*a building;
*a private home;
*a school;
*a store.

You may also work outdoors, on a road crew, or in a vehicle. The washroom, cafeteria, and locker room that you use are part of your workplace. So is any other place where your employer does business. Laws and policies are in place to protect you from harassment, no matter where you work.

You may work as a homemaker, nanny or nurse. You may go into someone's home twice a week to help with laundry and housekeeping. You may think that the rules about harassment don't apply in this workplace. In a private home, people are more free to do as they like, but you are still protected under the law. Different work environments mean different ways of dealing with harassment.

You may have to travel as part of your job. For example, you might:

clean people's homes;
repair equipment at different places;
go to conferences or sales meetings.

You may experience harassment while getting from place to place. This can also be seen as workplace harassment. Your employer can't guarantee that you won't be harassed on a bus or walking along a street, but your safety on the job or on the way to and from the job is their concern.

What is Workplace Harassment?

Workplace harassment is when someone harasses you while you are doing your job, or on your way to or from work. A harasser can be anyone you come in contact with because of your work. That person might be a:

*boss;
*supervisor;
*manager;
*Member of your board of directors;
*coworker;
*customer;
*patient;
*delivery person;
*person in your union.

Harassment can happen anywhere in the workplace:

*in the lunchroom;
*in rest and washroom areas;
*in staff rooms;
*on the production line;
*in an office.

You might also be harassed outside of your workplace. It can happen at a Christmas party, on a business trip or at a meeting at someone's home. Harassment is not always workplace harassment. It depends on the situation, and your relationship to the harasser. If your boss is in your home and demands that you have sex with him, it is still workplace harassment. Your boss has power over you. He could make things hard for you at work if you say no. If the same thing happens with a coworker who has no power over you at work, it might not be workplace harassment. However, if the coworker harassed you at work later, it would be workplace harassment. The employer would be responsible for stopping it.

Your Right to a Safe Work Environment

You have the right to work in an environment that is free from harassment. Employers are responsible for providing this to all workers. You have the right to expect your employer to take your concerns seriously. It is against the law for anyone you come in contact with on the job to harass you. It is against the law for your supervisor to promise you a raise or job perks in return for sexual favours.

The law also says that you have the right to work in an environment that is not "poisoned" by harassment. You cannot help but be affected by what is happening in the workplace. Your employer cannot expect you to work if people around you are making sexual, racial or homophobic jokes or comments, or putting graffiti and pinups on the wall. All of these things can make it hard to work. They are bad for your mental wellbeing. They affect your work just as if the harassment were directed at you.

You have the right to ask your employer, your union, or an outside agency like the Human Rights Commission to take action against harassment.

Shelley worked at a large corporation which she said was "like a boy's club." She complained about sexual harassment. The same day, she was harassed for complaining. Only the supervisor, the man Shelley complained about and Shelley herself were supposed to know. The "boys," even the ones in the union, stuck by each other. They often made sexual remarks about Shelley, or other women, to her face. They would joke about not upsetting her. The workplace was often postered with pinups. When Shelley handed a written complaint to her supervisor, he said, "I don't need this shit." After she left her job, she filed charges with the Canadian Human Rights Commission against the corporation. She charged her employer with discrimination based on sex and with failing to provide a work environment free of sexual harassment.

What Does the Law Say Harassment is?

There is more than one definition of harassment under the law. Some forms of harassment are clearer than others. More work has been done on sexual and racial harassment than on other forms. You can check the books listed at the back of this guide to learn how the law has changed to cover these types of harassment. Some other forms of harassment are still being argued in court. Harassment challenges are happening in a range of workplaces.

The Ontario Human Rights Code and the Canadian Human Rights Act name different forms of discrimination. You can turn to the section on THE HUMAN RIGHTS COMMISSION for more information. Some harassment cases have gone through the courts. The decisions that the courts have made set some precedents, or guidelines, for new cases.

In these precedentsetting cases, the courts have decided:

when employers are responsible for workers being harassed;
what is and is not acceptable behaviour;
to recognize the seriousness of the effects of harassment on women.

Workplace Voilence

What is workplace violence?

Most people think of violence as a physical assault. However, workplace violence is a much broader problem. It is any act in which a person is abused, threatened, intimidated or assaulted in his or her employment. Workplace violence includes:

Threatening behaviour - such as shaking fists, destroying property or throwing objects.

verbal or written threats - any expression of an intent to inflict harm.

Harassment - any behaviour that demeans, embarrasses, humiliates, annoys, alarms or verbally abuses a person and that is known or would be expected to be unwelcome. This includes words, gestures, intimidation, bullying, or other inappropriate activities.

Verbal abuse - swearing, insults or condescending language.

Physical attacks - hitting, shoving, pushing or kicking.

Rumours, swearing, verbal abuse, pranks, arguments, property damage, vandalism, sabotage, pushing, theft, physical assaults, psychological trauma, anger-related incidents, rape, arson and murder are all examples of workplace violence.

Workplace violence is not limited to incidents that occur within a traditional workplace. Work-related violence can occur at off-site business-related functions (conferences, trade shows), at social events related to work, in clients' homes or away from work but resulting from work (a threatening telephone call to your home from a client).

What work-related factors increase the risk of violence?

Certain work factors, processes, and interactions can put people at increased risk from workplace violence. Examples include:

working with the public.

handling money, valuables or prescription drugs (e.g. cashiers, pharmacists).
carrying out inspection or enforcement duties (e.g. government employees).
providing service, care, advice or education (e.g. health care staff, teachers).
working with unstable or volatile persons (e.g. social services, or criminal justice system employees).
working in premises where alcohol is served (e.g. food and beverage staff).
working alone, in small numbers (e.g. store clerks, real estate agents), or in isolated or low traffic areas (e.g. washrooms, storage areas, utility rooms).
working in community-based settings (e.g. nurses, social workers and other home visitors).
having a mobile workplace (e.g. taxicab).
working during periods of intense organizational change (e.g. strikes, downsizing).

Risk of violence may be greater at certain times of the day, night or year; For example,

late hours of the night or early hours of the morning,
tax return season,
overdue utility bill cut-off dates,
Christmas,
pay days,
report cards or parent interviews, and
performance appraisals.

Which occupational groups tend to be most at risk from workplace violence?

Certain occupational groups tend to be more at risk from workplace violence. These occupations include:

health care employees,
correctional officers,
social services employees,
teachers,
municipal housing inspectors,
public works employees, and
retail employees.

How to prevent violence in my workplace?

The most important component of any workplace violence prevention program is management commitment. Management commitment is best communicated in a written policy. The policy must:

be developed by management and employee representatives.

apply to management, employee's, clients, independent contractors and anyone who has a relationship with your company.

define what you mean by workplace violence in precise, concrete language.

provide clear examples of unacceptable behaviour and working conditions.

state in clear terms your organization's view toward workplace violence and its commitment to the prevention of workplace violence.

precisely state the consequences of making threats or committing violent acts.

outline the process by which preventive measures will be developed..

encourage reporting of all incidents of violence.

outline the confidential process by which employees can report incidents and to whom.

assure no reprisals will be made against reporting employees.

outline the procedures for investigating and resolving complaints.

describe how information about potential risks of violence will be communicated to employees.
make a commitment to provide support services to victims of violence.

offer a confidential Employee Assistance Program (EAP) to allow employees with personal problems to seek help.

make a commitment to fulfil the violence prevention training needs of different levels of personnel within the organization.

make a commitment to monitor and regularly review the policy.

state applicable regulatory requirements.

Dismissal and Termination

Dismissal and termination

Many industrial instruments (awards and agreements) contain provisions relating to the termination of employment. There are also termination of employment provisions in Commonwealth and state or territory workplace relations legislation.

An individual can face termination of employment, or job loss, for one of many reasons. The most drastic termination of employment is involuntary termination, in its most severe form known as "firing" or "sacking". A less severe form is to be laid off or made redundant, which is usually not strictly related to personal performance but economic cycles or the company's need to restructure itself.

In a postmodern risk economy, such as that of the United States, a large proportion of workers will be laid off at some time in their life, and often not for reasons related to performance or ethics. In many countries, in particular in social democracies as found in western Europe, firing an employee is expensive and risky in that firings require extensive documentation (in the event of a wrongful-termination lawsuit), and because fired employees may sue their former employers, disclose trade secrets to competitors, expose illegal practices or become extremely violent. Finally, in the United States, unemployment benefits are financed by companies, and a firm's unemployment costs increase with each worker laid off or fired. Depending on the circumstances and company policy, a fired employee may or may not be entitled to a severance package or unemployment benefits.

In some cases, the firing of an employee is a discriminatory act. Although an employer may often claim the dismissal was for "just cause," these discriminatory acts are often because of the employee's physical or mental disability, or perhaps his/her age, race, gender, HIV status or sexual orientation. Other unjust firings may result from a workplace manager or supervisor wanting to retaliate against an employee. Often, this is because the worker reported wrongdoing (often, but not always sexual harassment or other misconduct) on the part of the supervisor.

Such terminations are usually illegal. Many successful lawsuits have resulted from discriminatory or retalitory termination. Discriminatory or retalitory termination by a supervisor can take the form of administrative process. In this form the rules of the instituton are used as the basis for termination. For example, if a place of employment has a rule that prohibits personal phone calls, receiving or making personal calls can be the grounds for termination even though it may be a common practice within the organzation.

There are several different aspects of dismissal and termination to consider, including:

Redundancy

Redundancy is when employment is terminated because the employer no longer needs the job in question to be performed. Many industrial instruments prescribe minimum notice periods and minimum severance payments for employees who are made redundant—these vary depending on the employee’s length of service. Commonwealth legislation also contains minimum notice periods for termination of employment by an employer.

Poor work performance

Poor work performance includes (but is not limited to) a poor attitude towards co-workers and the public, failure to complete tasks in a realistic timeframe, failure to meet agreed goals or outcomes or an aversion towards learning new skills.

Each employer has a different approach to dealing with employees they perceive to be poor performers. Some industrial instruments set out the procedure an employer must follow when dealing with staff members who are not performing to the required standard.

Generally, employers must discuss the issue with the employee and set out a procedure for corrective action, which may include training to improve the employee’s performance.
Usually it is only after this step has been taken, and the employee is still found to be below accepted standards, that the employer will move towards termination.

Serious misconduct

Serious misconduct includes (but is not limited to) theft, assault, taking illegal drugs, intoxication during working hours, refusal to carry out reasonable instructions, and anti-social behaviour threatening the health and safety of a person, or the reputation or viability of the employer.
When serious misconduct is proven, the employer may dismiss the employee without notice.

Notice requirements

It is unlawful for an employer to terminate a person’s employment without giving the employee concerned a minimum period of notice of termination established by federal law (or relevant industrial instrument), or pay in lieu of notice.
However, notice (or pay in lieu of notice) is not required in cases of serious misconduct.
Depending on the relevant law or industrial instrument, other categories of employees may also be excluded from the minimum notice periods.

Unlawful termination

Under Commonwealth legislation it is unlawful to terminate a person’s employment for the following reasons, or to include one of these reasons as a basis for termination:

temporary absence from work because of illness or injury

trade union membership or participation in trade union activities

non-membership of a trade union

seeking office as, or acting as, a representative of employees

filing a complaint, or participating in proceedings, against an employer, involving alleged breaches of legislation

race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction, or social origin. However, it is not unlawful to terminate an employee for one of those reasons if the reason is based on the inherent requirements of the job, or if the discrimination is against a member of staff of a religious institution and it is done in good faith and because of the teaching or belief requirements of that institution.

refusing to negotiate, sign, vary or terminate an Australian workplace agreement

being absent from work on maternity leave or other parental leave

Unfair dismissal

An unfair dismissal occurs when an employee’s termination is ‘harsh, unjust or unreasonable’. In determining whether this has been the case, a number of factors are taken into account, including:

whether there was a valid reason for the termination

whether the employee was notified of that reason and given an opportunity to respond

if the termination related to unsatisfactory performance by the employee, whether the

employee had previously been warned about that unsatisfactory performance

the degree to which the size of the employer’s business, or the absence of dedicated human resource management specialists, may have had an impact on the termination procedures

any other relevant matters.

temporary absence from work to participate in voluntary emergency management activities.

Drug and Alcohol at Workplace

Drug and alcohol abuse is by no means a new problem. At various times throughout history there have been movements to address substance abuse and its effects. These range from the early temperance movements, prohibition in the United States, the banning of absinthe, the various campaigns against drug producers and traffickers, and the increasingly vigorous measures currently being taken against drinking and driving.

Over recent years, one important development, actively supported by the ILO, has been the growing realization in many countries that drug and alcohol abuse is an important workplace issue.

The issue of drug and alcohol abuse at the workplace has traditionally been met by a dismissive attitude and the reflex of trying to sweep the problem under the carpet, based more on moral precepts than a concern for the health issues involved. Yet, drug and alcohol abuse is not a problem which can be isolated from the workplace. Quite the contrary. It is now coming to be much more widely, although not by any means universally understood that substance abuse is harmful to both enterprises and workers, and is therefore prejudicial to national and international competitiveness.

Drug and alcohol abuse - An important factor in accidents, absenteeism and illness

Drug and alcohol abuse not only affects work performance in general, but also results in higher rates of absenteeism, accidents, illness and mortality, with all their related costs. It is therefore an important health and safety issue in its own right. Over recent years, studies have shown that:

*Absenteeism is two to three times higher for drug and alcohol users than for other employees;

*Employees with chemical dependence problems may claim three times as many sickness benefits and file five times as many workers' compensation claims;

*In many workplaces, 20 to 25 per cent of accidents at work involve intoxicated people injuring themselves and innocent victims;

*On-the-job supplies of drugs and alcohol account for 15 to 30 per cent of all accidents at work.

Drug and alcohol abuse - Even fairly low levels of consumption are detrimental to performance, quality and safety

As greater knowledge has been acquired over recent years, through the increased volume of research carried out on the subject, it has become increasingly evident that workplace problems associated with substance abuse are not confined to alcoholics and drug addicts.

This is particularly true in the case of alcohol. While, at the individual level, alcoholics and other heavy drinkers are the most likely to cause accidents, their numbers in the workplace are relatively small. In comparison, the relative risk of an individual moderate or occasional drinker causing a problem associated with the consumption of alcohol is much lower. However, in collective terms, simply because their numbers are much higher, moderate and occasional drinkers account for the largest proportion of alcohol-related problems in the workplace.
Further investigations have also confirmed that a relatively high level of performance impairment can occur after the consumption of even fairly low quantities of alcohol.

Most problem drinkers and drug users work

Another very important reason why the issue of drug and alcohol abuse cannot be isolated from the workplace is that so many problem drinkers and drug-takers work. The workforce is typically a reflection of the community in which the workers live. Inasmuch as alcohol and drug abuse are present in the community, it is highly likely that the workforce has a similar level of abuse.

The workplace is therefore a very significant channel for preventive and remedial action, with the potential to reach an extremely high proportion of workers with alcohol problems and drug users, as well as the members of their families. The workplace can therefore be a vital component of community programmes to change attitudes towards the consumption of alcohol and drugs.

Drug and alcohol abuse is a problem that employers, workers and their partners just cannot afford to ignore

Drug and alcohol abuse is prevalent almost everywhere, sparing very few countries and workplaces. It is a major contributory factor in accidents, absenteeism, health problems, theft, lower productivity and job loss.

For workers, substance abuse can result in deteriorating health, injury, disciplinary action, family problems, job loss, and therefore poverty and social deprivation.

For employers, substance abuse leads to safety problems affecting the enterprise, the workforce and the public at large, and it gives rise to increased costs, lower productivity and loss of competitive edge.

How Can it Be Prevented?

A comprehensive drug-free workplace program may be the best means of preventing, detecting, and dealing with substance abusers.

Such a program generally includes the following elements:

A written policy that is supported by top management, understood by a all employees, consistently enforced, and perfectly clear about what is expected of employees and the consequences of policy violations

A substance abuse prevention program with an employee drug education component that focuses not only on the dangers of drug and alcohol use but also on the availability of counseling and treatment

Training of managers, front-line supervisors, human resource personnel, medical staff, and others in identifying and dealing with substance abusers

An appropriate drug and alcohol testing component, designed to prevent the hiring of workers who use illegal drugs and—as part of a comprehensive program—provide early identification and referral to treatment for employees with drug or alcohol problems

An Employee Assistance Program (EAP)

Sexual Harassment

Sexual Harassment at workplace

Sexual harassment issues can be a source of great liability for employers. This is one area where an employee leasing can be of great help. In fact, because of the approach taken by employee leasing Services, it can be argued that sexual harassment issues may not be totally avoided unless there is an employee leasing company involved. To understand this point, we must first understand what sexual harassment is and how it is litigated.

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment. Sexual harassment can occur in a variety of circumstances. The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.

The victim does not have to be the person harassed but it could be anyone affected by the offensive conduct. It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available. The Equal Employment Opportunity Commission handles all the issues in this regards.

The problem facing most small employers is that an employee dates a co-worker. There is a consensual sexual relationship between the two. But when one employee is terminated, the employee brings a sexual harassment lawsuit because of the existence of the relationship at the time of employment.

One way to combat the problem, as indicated by court rulings, is to have an independent source for the employees to go to when they are being harassed. The legal opinions state that the employee must be provided with the name of a person so she can file a complaint when she/he is harassed. But at a small company, the assignment of such a person is not feasible.

Employee leasing Service can help their clients defends sexual harassment issues successfully, because they designate a person within the Employee Leasing service to be the person to report the sexual harassment issues to. Furthermore, most employee handbooks by employee leasing services specifically state that the employee must report such matters to the designated person. Absence of such reporting, bars an employee from making allegations of sexual harassments later.

The Supreme Court on June 26,1998, made employers more liable for incidents of sexual harassment. Ruling on two sexual harassment cases, Faragher v. City of Boca Raton, and Burlington Industries Inc. v. Ellerth, the Supreme Court basically stated that the employer is responsible for the actions of the supervisor, even when the employer is unaware of the supervisor’s behavior. An employer can no longer claim that they did not know about the sexual harassment because the employee did not inform them, nor can they claim that they were unaware of the supervisor’s behavior.

The Supreme Court also stated that the court will no longer heavily rely on the two different forms of sexual harassment, “quid pro quo” and “hostile environment.” The Court called these two forms of sexual harassment of “limited utility” in assessing employer liability. As a result, an employee that refuses the unwelcome sexual harassment of a supervisor, and who suffers no adverse job consequences, can still bring a sexual harassment lawsuit against her employer if the employee can show they were discriminated by the sexual content. The employee will not necessarily be required to show a loss of advancement, retaliation, loss of income, or stress as they once did under “quid pro quo” and hostile-environment. They will need to show that the nature of the sexual content they experienced caused them to experience discrimination.

This means that even though the employer has a policy against sexual harassment and even when sexual harassment training is provided to their supervisors; they still can be held vicariously liable in cases where a supervisor uses sexual content to discriminate against an employee. The courts are now looking at what a "reasonable person" would determine to be sexual content that could cause discrimination versus the old standards of quid pro quo and hostile-environment. The Supreme Court did not throw out these standards, but will not rely on them as courts have in the past.

The Supreme Court created a two part test to be used by employers in defending themselves against a sexual harassment lawsuit.

1.) The employer needs to show that they took reasonable care to prevent and correct any sexual harassment behavior within their workplace.

2.) The employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer

Steps Employers Can Take to Avoid Sexual Harassment.

1.) If your company does not have a sexual harassment/discrimination policy, get one fast! The policy should communicate that the company is taking a "zero tolerance" approach toward sexual harassment. Have an attorney review it, and make sure it gets out to all your employees either through the employee handbook or in memo form. Have the employees sign it to acknowledged that they received and read the policy. The policy should be verbally communicated to all new employees, and can even be posted in the workplace. If you have employees whose primary language is not English, have your sexual harassment policy translated or communicate to them in their primary language.

2.) Provide different routes that employees can take to file complaints; i.e., calling a hotline, contacting the human resource department, or by contacting their supervisor. Also the employee should have the option of talking with a male or female company representative.

3.) Conduct sexual harassment training, even if it is only composed of reading material or watching a video, something is better then no training at all.

4.) Conduct yearly meetings with your supervisors to review the sexual harassment policy, and to make sure that they understand that an employee does not need to suffer negative consequences in order to make a claim of sexual harassment. Inform the supervisors that even mild to moderate sexual jokes or statements can create an atmosphere of hostility that will make some employees uncomfortable, and could lead to the creation of an environment where sexual discrimination could develop. The supervisor should also be directed to always inform upper management of any sexual harassment complaints he or she receives from employees. Supervisors should never promise confidentiality with an employee when the information relates to sexual harassment.

5.) Conduct a yearly sexual harassment survey among your employees. The survey can be done anonymously and should be distributed with a copy of the company’s sexual harassment policy. The survey can simply ask the employees (male and female) if they have experienced any form of sexual harassment during the past year. Why do a survey? The results of the survey will tell a court that your company is actively engaged in preventing and correcting sexual harassment. Remember, that the Supreme Court has just determined that an employer can be held liable for incidents of sexual harassment that they are unaware of occurring. So, one method of defense will be to demonstrate to the court or a jury that your company conducts yearly meetings with supervisors and also conducts a yearly sexual harassment survey to attempt to uncover sexual harassment violations before they cause problems for your employees.

6.) Conduct investigations promptly and thoroughly. After the dispute is resolved, a follow up should be done with the employee to ensure that no one has suffered retaliation. Make sure your sexual harassment policy spells out clearly that retaliation against an employee filing a sexual harassment complaint is illegal and will not be tolerated.

7.) Treat same-sex harassment, and men reporting harassment, the same as you would for a woman reporting her male supervisor being sexually inappropriate.

8.) Always document the results of any sexual harassment complaint or investigation. Not only document the results, but document any corrective action that you asked the employee or supervisor to take. Follow up on any corrective action so you can document if the employee fails to take advantage of your companies polices/procedures or any corrective action that your company takes to prevent the sexual harassment from occurring again in the future.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.

The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.

The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser's conduct must be unwelcome.

It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.

When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.

Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by providing sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.

Employee Bahavior Problems

The term "behavior problems" covers a range of workplace issues including emotional troubles, appearance or hygiene problems, insubordination, verbal abuse, physical abuse or violence, as well as alcohol or substance abuse problems.

Behavior problems can be more challenging than attendance or performance problems. With these types of problems, a gradual or progressive process to get improvement can be successful. With behavior problems however, the situation usually needs to be addressed as soon as the behavior occurs.

This module will focus on three areas of behavior problems: insubordination, inappropriate workplace behaviors needing an Employee Health Services referral, and alcohol and/or substance abuse. In this module you will learn to:

Recognize the effect of inappropriate behavior in the workplace.
Identify effective strategies for dealing with behavior problems.

Recognize that problem behavior usually has a history.

It usually develops over time and seldom from a single incident. As a manager, it is your responsibility to be alert to the early warning signs and deal with the underlying causes before the situation reaches a crisis.

Ask yourself: "Am I partly or wholly responsible?"

You would be surprised how frequently it is the manager who has created, or at least contributed to problems of employee behavior. Having an abrasive style, being unwilling to listen, and being inattentive to the nuances of employee behavior are all factors that contribute to the manager's need to thoroughly examine what is going on.

Don't focus only on the overt behavior.

When confronted by an angry employee, it's easy to attack the person and target thebehavior rather than examine the factors that underlie the behavior. Often, this takes patience, careful probing, and a willingness to forgo judgment until you really understand the situation.

Be attentive to the "awkward silence" and to what is not said.

When an employee is obviously reluctant to communicate, it's almost a sure sign that more lurks beneath the surface. Often, employees will hold back because they feel unsafe. They may test the waters by airing a less severe or kindred issue in order to see what kind of a response they get. In order to get the full story and encourage forthrightness, it's imperative that the manager read between the lines and offer the concern and support necessary to get the employee to open up.

Clarify before your confront.

Chances are, when an issue first surfaces, you will be given only a fragmentary and partial picture of the problem. You may have to dig deep to surface important facts, and talk to others who may be involved. One safe assumption is that each person will tend to present the case from his or her viewpoint, which may or may not be the way it really is. Discretion and careful fact-finding are often required to get a true picture.

Be willing to explore the possibility that you have contributed to the problem.

This isn't easy, even if you have reason to believe it's so, because you may not be fully aware of what you have done to fuel the fire. Three helpful questions to ask yourself: "Is this problem unique, or does it have a familiar ring as having happened before?", "Are others in my organization exhibiting similar behaviors?", and finally, "Am I partially the cause of the behavior I am criticizing in others?"

Plan your strategy.

Start by defining, for yourself, what changes you would like to see take place, then, follow this sequence: (1) Tell the person that there is a problem. State the problem as you understand it and explain why it is important that it be resolved; (2) Gain agreement that you've defined the problem correctly, and that the employee understands that it must be solved; (3) Ask for solutions, using open-ended questions such as: "What are you willing to do to correct this problem?" In some cases, you may have to make it clear what you expect; (4) Get a dedication that the employee will take the required actions; (5) Set deadlines for finishing the actions. In the case of a repeated problem, you may want to advise the employee of the consequences of failing to take corrective action; (6) Follow up on the deadlines you've set.

Treat the employee as an adult and expect adult behavior.

To some extent, expectation defines the result. If you indicate, by your actions or by the content or tone of your voice, that you expect less than full adult behavior, that's what you're likely to get.

Treat interpersonal conflicts differently.

If the problem behavior stems from a personality conflict between two employees, have each one answer these questions: (1) How would you describe the other person? (2) How does he or she make you feel? (3) Why do you feel that the other person behaves the way he/she does? (4) What might you be able to do to alleviate the situation? (5) What would you like the other person to do in return?

Seek agreement regarding steps to be taken and results expected.

Nothing is really "fixed" unless it stays fixed. All parties to a dispute must agree that the steps taken (or proposed) will substantially alleviate the problem. Further, they must agree on what they will do IF the results attained are not as anticipated. This can be achieved by doing a simple role play, i.e., having each side (including your own) articulate the steps to be taken and the outcomes anticipated. That way, even if subsequent events are significantly different than expected, the lines of communication for adjusting the situation are opened. You may want to look also, at Top Ten List #38, "Top Ten Factors That