Workplace harassment and misconduct affect 52% of employees who have experienced or witnessed harassment in the workplace, according to a study by HRACUITY. The study’s results are published in 2023 Workplace Harassment and Misconduct Insights. Click on the link to download the results GET THE INSIGHTS .
I have previously blogged about sexual harassment. Today’s blogs advance the discussion using the recent survey and other information about sexual harassment to explain what you can do if you believe you are a victim of such harassing behavior.
Key Findings and Statistics on Workplace Harassment & Misconduct
Workplace Harassment significantly impacts more than just the harassed person; it can potentially affect the culture of the organization. It could influence employee retention, organizational reputation and employment brand.
The survey includes nearly 2,000 U.S. employees across various industries, organization sizes and demographics. The findings demonstrate the value of consistent processes, clear communication, thorough investigations and well-defined aftercare to support employees and create a healthy workplace culture.
As mentioned above, just over half (52%) of employees have experienced or witnessed inappropriate, unethical or illegal behavior at work. The most prevalent of these behaviors were bullying (51%), sexual harassment (40%) and racism (30%).
For me, it is hard to believe that in 2024 the workplace still can get mired in intolerable acts. Organizations must set and enforce strong policies and establish well-defined procedures to effectively manage these ethical lapses. The Ethics and Compliance Officer should be in charge of monitoring these activities and serve as an outlet for those who claim to be harassed or bullied in the workplace.
As the survey points out, “Of all the workplace settings, it’s no surprise thatthe in-office environment is where most employees observed or experienced inappropriate, illegal or unethical behaviors (80%).” This makes me wonder whether the results will change given that an increasing amount of work is done online, not in the office.
Reporting Harassment or Bullying
Since tips are the most common form of detection from within the organization (52%), it is beneficial to understand who submits those tips, and how. External sources, such as customers, vendors, and competitors, accounted for approximately one-third of all tips. This finding reinforces the importance of providing and communicating about reporting mechanisms to both internal and external parties.
Victims often fail to report workplace offenses because of fear of retaliation, including job security. Additionally, a lack of adequate support can play a significant part in why employees are reluctant to report misconduct. According to the HR study, “given these concerns, many deem it ‘easier’ to overlook such incidents.”
Perhaps the biggest reason that workplace incidents go unreported is fear of retaliation by the perpetrator or organization. Many employees say they are afraid of one form of retribution or another, including, according to HRACUITY:
- Fear of Retaliation and Lack of Impartiality
- Belief That Nothing Will Change
- Lack of Proper Resources and Awareness on How to Report
- Concerns Over Confidentiality
Other fears related more to the job itself include the fear of:
- Receiving a demotion or losing their job
- Being unfairly labeled as “dramatic” or “difficult” etc
- Becoming alienated by peers
- Being transferred to another department or location
- Being denied future opportunities such as raises or promotion
What Should You Do?
First, let me say that I do offer confidential services if you want some feedback on a situation where you have been harassed or bullied. I am not a lawyer, so my advice is based on the ethics of the situation. You can use in the write-in form to contact me: https://www.workplaceethicsadvice.com/ .
What should you do if you think your boss may be doing something improper? Is it sexual harassment? The legal definition of sexual harassment is “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.” Two specific legal definitions of sexual harassment have been established in employment law: quid pro quo harassment and hostile environment sexual harassment.
Quid Pro Quo Harassment: “Something for something.” Let’s assume your boss threatens to stifle your career advancement unless you sleep with them. This is unlawful whether you submit and avoid the threatened harm or resist and suffer the consequences. Your first step should be to make it clear to your boss this is an unwelcome advance. At the same time, you should determine the company policy on reporting such matters. If the offensive behavior persists, I recommend you talk to a trusted advisor and/or attorney. It may become a legal issue pending resolution of the matter. In all likelihood your advisor will tell you to go to the Human Resources department where Equal Employment Opportunity Commission (EEOC) matters are dealt with.
Be sure to document your concerns – what did the alleged abuser do or say? When did they do it or say it? What did you say to them? How did he react to your concerns? Give a copy of the document to a trusted advisor or lawyer for possible use in future legal action. The advisor can attest to the fact you provided the document on a specific day so that it wasn’t created after the fact.
If the HR department does nothing or your boss doesn’t change their behavior, it’s time to file a formal sexual harassment complaint with the federal EEOC and/or your state’s fair employment agency. You must first file with the EEOC before you file a lawsuit in federal or state court. Generally, you have 180 days to file the complaint. After you file a formal complaint with the EEOC or your state’s fair employment agency, you can also consider filing a lawsuit. You can sue for money damages, to get your job back, and you can also ask the court to make your employer change its practices to prevent future sexual harassment from occurring.
Hostile Environment Sexual Harassment: This occurs when an employee is subjected to
comments of a sexual nature, offensive sexual materials, or unwelcome physical contact as a regular part of the work environment. Let’s assume your boss has a habit of sizing you up. They look you up and down with a sexually suggestive facial expression. Tell them it’s unwanted and unwelcome behavior and that it makes you feel uncomfortable. If they persist in being a jerk, then follow the steps above. Generally speaking, a single isolated incident will not be considered a hostile work environment. The courts look to see whether the conduct is both serious and frequent. Supervisors, managers, co-workers and even customers can be responsible for creating a hostile environment.
EEOC Reports
On May 15, 2024, the EEOC issued its annual statistics on charge activity, which indicated the following: Total harassment charges climbed from 21,270 in FY 2021 to 24,430 in FY 2022 to 31,354 in FY 2023, thus increasing over 47% in the past three years.
As I previously mentioned, it is hard for me to understand how charges of sexual harassment have been increasing. Have we learned nothing from the Harvey Weinstein case and other harassment events? Has the #MeToo movement been having its intended effect? The answer seems to be no, at least up until now.
For me, the real reason such charges persist and are increasing is the instance of reporting has gone up because sensitivity to these actions has been reported more frequently. Hopefully, this trend will persist in the future.
I will address workplace bullying in my next blog.
Posted by Steven Mintz, aka Ethics Sage, on September 25, 2024. You can sign up for his newsletter and learn more about his activities at: https://www.stevenmintzethics.com/.