You are probably tired of hearing about it, but some people never seem to understand that sexual harassment is not ok. “No” really does mean “no,” and the workplace is not a singles’ bar. Sexual harassment can also be a form of bullying or predatory behavior.
In any form, sexual harassment is not acceptable and organizations that fail to deal with it make a mistake in many ways. These mistakes can threaten the life of an organization or business.
A matter of perspective
Sometimes, however, the issue involves differences in how people view things. For example, I had a case involving a sexual harassment complaint by a female graduate student against a dean at a large university. I was on retainer with the university, which was fortunate because the statutes only allow 72 hours to begin a sexual harassment investigation. My role was to understand the situation, assess the severity and make a report.
Sexual harassment allegations are serious and they require investigation to determine whether or not sexual harassment did actually occur. The criterion for determining sexual harassment is this question: “Would a reasonable person find this behavior offensive?” If yes, you probably have sexual harassment. If no, you probably don’t.
Cultural differences
In the case at the university, the allegation was that the dean had invited the female student to lunch. He didn’t sexually assault her or discuss or imply anything of a sexual nature; he invited her to lunch. It turned out that he did this with all new grad students—very collegial and aboveboard. Regardless, she filed a complaint.
The woman was a native of Pakistan and married. To her culture, an invitation from a man who was not her husband, father or son had illicit intentions. In her eyes, it was sexual harassment.
Schools are required to self-report allegations so I advised the provost to hotline the case to the state department, even though I felt no harassment would be found. The state investigated and in fact found no basis for the complaint. They shut down any further opportunities for recourse from the student and she was forced to withdraw from the program.
Assess your organization
A situation like this can happen in any business or organization. Management needs to be aware of cultural differences within the company as much as possible. We all have different thresholds resulting from our upbringing, and these cultural differences exist separately and apart from the laws and rules that apply in the business setting. In hindsight, these differences seem clear. In some cases they are subtler.
Conclusion
Bullying and harassment are very real problems, and the future of a business or organization can hinge on eliminating them. If an allegation does occur, go with mediation as it puts the authority to decide in the hands of the disputants, and allows for facilitation instead of arbitration.