hrsimple.com - Workplace Bullying/Harrassment

Valentine's Day heartaches around the office

shannon — Fri, 30 Jan 2015 13:53:46 +0000

February 14th is quickly approaching and it brings with it a whole slew of troubles for employers. Aside from the usual romance in the workplace issues, employee attendance, harassment, and office parties can all cause an employer a good amount of trouble.

Interoffice romance

A recent CareerBuilder survey found that more than 37% of people have dated someone they work with over the course of their career. That’s more than a third of the workforce! While it’s great that your employees are finding happiness, there are a lot of issues that come along with office romances.

Non-fraternization policies
One option for employers is to completely prohibit relationships at work in order to reduce the risk of sexual harassment and related claims by instituting a “non-fraternization” policy. However, these policies can have negative effects as well. Most likely employees will continue to have relationships and employers won’t have the opportunity to lessen the possible negative results. Additionally, such a strict policy is bad for employee morale as it makes the employer appear overbearing.
Subordinates and managers
Office romances are also problematic when an employee in a position of power dates a subordinate. If the relationship sours, allegations of retaliation or harassment could be made. Even if the relationship goes well, other employees may say the supervisor is showing favoritism. Employers should consider a policy against such relationships, or one that requires employees to disclose these relationships and sign agreements that outline solutions if the relationship becomes problematic (i.e. one employee would be transferred).
Love contracts
A consensual relationship agreement, sometimes called a love contract, is a written document signed by two employees in a consensual relationship acknowledging the relationship is voluntary. These disclosures usually contain a reminder of the company’s harassment, discrimination, and retaliation policies, as well as a clear acknowledgment that the relationship is consensual. These forms are a good way for employers to remind employees of their policies and protect themselves from future lawsuits.

Harassment

One of the biggest concerns with Valentine’s Day is harassment. Employers should have a clear anti-harassment policy in place that outlines what behavior is acceptable and unacceptable. Such policies should clearly state that employees are safe from retaliation if they come forth with any harassment claims. Harassment can mean so much more than inappropriate advances or attention. Employers should be mindful that Valentine’s Day may bring up more suggestive conversation and unwanted attention.

Workplace conduct

Employers should have policies in place outlawing certain behaviors that can make other employees uncomfortable and lead to harassment charges. Employers should have policies that clearly state:

no overt displays of affection at work, including kissing or hand-holding
work communications systems are to be used for work only – no personal email or voicemail using working time or company equipment
employees must behave professionally and in a business-like manner while at work or all company functions
romantic squabbles should be left outside of the workplace.

Guests and presents

No boss wants to tell their employees they can’t have guests or receive gifts at work, but this can sometimes lead to loss of production and possible hostilities. While a policy banning these romantic gestures may cause ill will, managers should be mindful of employees productivity and should try to prevent any sort of hard feelings that come along when one employee receives gifts and others do not.

Office parties

While office parties always pose a fair amount of troubles, these hazards are worsened when romance is in the air. Many employers wish to celebrate the holiday as an office, and should consider doing so with a lunchtime treat or daytime party. If an employer wishes to have an after-hours party, they should be mindful of alcohol and the liabilities that come a long with it. Be aware that harassment claims rise when alcohol is involved and make sure that all employees are behaving responsibly.

Nepotism: Favoring relatives and friends in the workplace

shannon — Tue, 05 Aug 2014 00:57:37 +0000

It is not unusual for multiple members of a family to work for the same employer. However, such situations can be troublesome if the family members are in a superior-subordinate relationship because:

the relationship may give rise to favoritism or to suspicions of it
the subordinate family member takes advantage of the situation by not working as hard or by not following the orders of the superior family member
the superior family member cannot or will not control the activities of the subordinate (including administering discipline when needed or offering constructive criticism on performance evaluations).

It sometimes happens that employees in a superior-subordinate relationship marry during the employment. Employers generally allow both parties to remain with the company unless there is no open position to which one of the employees may be moved. However, it is important to address such situations on a case-by-case basis to avoid gender discrimination claims.

In hiring

The recruitment of current employees’ relatives tends to perpetuate the racial, religious and ethnic characteristics of the existing workforce. Therefore, nepotistic recruiting may be discriminatory where the current workforce is predominantly or exclusively of one race, religion or ethnic group.

Policies against nepotism

Anti-nepotism policies prevent related individuals from working in the same company or department. Employers choosing to adopt such a policy should state that cases concerning the employment of relatives will be dealt with on a case-by-case basis to ensure maximum flexibility in handling such situations. Also, the policy should contain an explanation of why the employer discourages the employment of relatives and should describe the circumstances and types of relationships covered by the policy. The employer might also include a list of circumstances and relationships that would be permitted by the policy.

There are a number of sound reasons for anti-nepotism rules and “no fraternization” policies including:

avoiding involvement in emotional problems at the home
avoiding supervisory conflicts between spouses and relatives
avoiding hiring decisions based on favoritism or the appearance of favoritism
avoiding vacation and day off scheduling problems
avoiding family influence regarding grievances and work conflicts.

Title VII does not prohibit discrimination on the basis of marital status. However, many state laws prohibit employers from discriminating based on marital status.

A thoughtful “anti-nepotism” policy should allow the employment of family members while avoiding the common operational issues associated with such situations.

Sample anti-nepotism policy

ABC Company welcomes the opportunity to hire and retain qualified employees who are related to one another by blood or marriage. However, since such relationships sometimes can create problems in the workplace, including suspicions of favoritism if the related employees are in a supervisor-subordinate relationship, it is the policy of ABC that:

Any employee of ABC who has or acquires a familial relationship (as defined below) with another employee shall not have any direct or indirect administrative or operational authority over the other person. This prohibition means not only that a person cannot supervise a family member but also that the family member cannot be in that person's chain of command; for example, a family member cannot work in a department in which a family member is the Vice President.
An employee of ABC cannot use his/her authority or position with ABC to benefit or to disadvantage another employee in a familial relationship. Although all such potential misuses of authority cannot be listed here, examples include an employee signing an evaluation for a family member or signing/approving a check payable to a family member.
Employees are required to notify the company’s Human Resources Department of (a) any existing familial relationships; (b) any familial relationships that are created among employees (for example, by the marriage of two employees); and (c) the potential employment by ABC of a family member.
ABC will refuse to hire a job applicant who is in a familial relationship with a current employee if the applicant would be in a supervisory or subordinate position to the existing employee. ABC employees who marry one another during their employment will be allowed to remain with the company unless they are in a superior-subordinate relationship and there is no open position to which one of them may be moved.
“Familial relationship” within the meaning of this policy means two employees (or an employee and a job applicant) in the relationship of husband, wife, father, mother, brother, sister, son, daughter, uncle, aunt, nephew, niece, grandfather, grandmother, grandson or granddaughter, or any of those relationships arising as a result of marriage (for example, brother-in-law).

Need more employee policies? Check out what’s available for your state here.

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Bullying in the workplace

shannon — Mon, 19 May 2014 20:56:54 +0000

A few years ago if you heard the word bullying, images of playgrounds and principals' offices might come to mind. It's true that many people felt that bullying only applied to children, but in recent years we've acknowledged the truth of the situation: adults can be bullied – and bullies – too. A 2010 survey showed that over 35% of adults admit to being bullied and another 15% admit to witnessing bullying. With these numbers on the rise, employers need to learn to identify and prevent bullying in the workplace, as it can lead to some very serious problems.

Why is bullying a workplace issue?
Aside from wanting to provide a safe, healthy environment for employees, employers should be concerned about bullying for a few reasons. Typically bullying leads to a breakdown in communication between staff members, and can seriously impact productivity. Who would want to work alongside someone that was picking on them? In addition to loss of production, bullying can lead to claims of harassment, discrimination, and can result in violence. These very real issues for employers can even result in lawsuits or fines.

What is bullying?
Like many workplace issues, bullying can take many shapes. The common definition of bullying is any abusive conduct committed by an individual or group against another. While that explanation is vague, it is helpful as a general way to measure appropriate behavior. In the workplace this behavior can manifest in a number of ways, such as yelling, insults, and disrespecting private space. This form of bullying is usually easier to identify and discipline, but bullying can also be a lot more subtle. Other forms of bullying can include:

isolating employees
routinely taking credit for other’s work
imposing unrealistic deadlines
unnecessarily criticizing the work of an employee.

In the case of supervisors, being harder on one employee than others can be construed not only as unfair treatment but an act of bullying.

How can employers prevent bullying?
The first step in preventing bullying is to implement a clear anti-bullying policy. A few things to include in such a policy are:

A clear definition of what conduct is considered bullying. Employers should outline exactly what behavior is unacceptable in no uncertain terms. It is also wise to add that management will make any decisions about what is and is not bullying.
A reporting procedure. Include instructions as to how employees can report being bullied or bullying they have witnessed. Include to whom reports should be made and if they can be made anonymously.
A non-retaliation clause. Employees should feel safe to report bullying without fear of punishment. A few sentences explaining that any employee who comes forward with such information will be protected can go a long way in putting employees at easy.

Find an example of an anti-bullying policy below.

Aside from instituting a no bullying policy, employers should also consider requiring specialized training for employees to help them understand bullying. Similar trainings to prevent other negative workplace behaviors (like harassment) are a common and effective HR tool.

Finally employers and managers should make a firm commitment to avoid participating in any form of bullying. Employees can be more sensitive to the actions of those in roles of leadership and, as such, employers and supervisors have a bigger responsibility to treat each employee with respect and sensitivity.

SAMPLE POLICY

Bullying is harmful to the employees of ABC Company, resulting in reduced productivity, efficiency and morale, and increased absenteeism and turnover. In providing a productive working environment, ABC Company believes that its employees should be able to enjoy a workplace free from all forms of bullying conduct.

It is against the policy of the Company for any employee, whether a manager, supervisor, or co-worker, to bully another employee. This policy applies to all company activities and events, as well as publically accessible off-duty activities including social media.

Prohibited bullying occurs whenever there is severe, repeated mistreatment that targets one or more persons which, through verbal abuse, offensive conduct, or interference, that creates an intimidating, hostile, or offensive working environment; interferes with a person’s work performance; or otherwise adversely affects a person’s employment opportunities with the Company.

Bullying conduct could include, but is not limited to, repeated and aggressive:

Teasing, name-calling, slandering, ridiculing, maligning, a person or his/her family
Screaming, shouting, yelling, or swearing at another in public or private
Persistent phone calls, voicemails, emails, or postings to or about another person
Unreasonable public criticism, reprimands, or trivializing of another’s work
Excluding others from meetings or social situations, or giving the “silent treatment”
Destructive gossip, rumors or innuendo
Physical pushing, shoving, throwing things
Non-verbal threatening gestures or glances, staring or glaring
Intentional interference with another’s work, for example, through impossible deadlines, supplying insufficient or incorrect resources or information.

Evaluative work performance comments by one’s supervisor relating to deficiencies, constructive feedback, and counseling are appropriate and reasonable and do not constitute bullying behavior.

Any employee who believes he or she has been bullied in violation of this policy should report the conduct immediately to his or her supervisor; or, if that person is responsible for the behavior, to the Human Resources Department. The employee always has the option of reporting the conduct directly to the Human Resources Department if he or she prefers.

A thorough and impartial investigation of all complaints will be conducted in a timely and confidential manner. Confidentiality will be maintained during the investigation to the extent possible without jeopardizing the thoroughness of the investigation.

Any employee of the Company who has been found, after investigation, to have bullied another employee in violation of this policy will be subject to a required apology, counseling, training and/or disciplinary action up to and including termination.

Retaliation against the individual reporting the bullying behavior is expressly prohibited.

Learn more about how to deal with bad behavior in the workplace with our Hiring, Firing and Discipline for Employers