ARTICLES

03-08

Preventing Discrimination and Harassment in the Workplace

Linda Gravett, Ph.D., SPHR, August 1, 2003

 

Occasionally it ‘s productive to step back in our role as Human Resource professionals and consider how effectively we’re preventing discrimination and harassment rather than reacting to situations that have already occurred. This article focuses on key steps to promote a workplace that is anchored in respect for the rights of individuals and their jobs.

When coaching line managers, I think it’s important to help them understand that there are two types of discrimination: when two different standards for hiring or promotion are used, depending on the individual; or when the same standard is used, but it’s not job related.

The example I use for two different standards is the employment application process. Let’s say a Hispanic man walks into a company and indicates that he wants to apply for a job. The receptionist asks him to fill out an application form, provide six references, and then he’s sent on his way with a “we’ll call you”. On the same day, a Caucasian man walks into the company and indicates that he wants to apply for a job. He is asked to fill out the application form but not the reference list, then he’s taken directly for an interview with a hiring manager. The first man may or may not have had the skills needed for any open positions, but the company will never know. And the company is guilty of disparate treatment.

The example I use for “same standard, not job related” is an interview scenario. If a hiring manager asks Hispanic, African-American, and Caucasian accounting position applicants whether they belong to a country club and play golf, the same “standard” is being used. However, being a member of a country club doesn’t relate to an applicant’s technical expertise as an accountant. Additionally, it’s more likely that the African-American and Hispanic applicants aren’t members of a country club than the Caucasian applicant.

To prevent discrimination in the application and testing process, it’s important to select tests that tap into an applicant’s abilities or knowledge related to a specific position. An excellent site that provides validated tests is Pan Testing: www.pantesting.com.

In order to have a solid understanding of the skills, knowledge, and abilities required for an open position, I believe it’s critical to develop a competency-based job description prior to the interview process. A competency-based job description details not only reporting relationships and key functions. It describes the core competencies (such as problem solving or decision making) required to successfully meet the expectations for the position. Please email me at Linda@gravett.com if you’d like a sample competency-based job description.

Many people have asked my opinion of “personality tests” as hiring criteria. My response is that, in the first place, personality profiles like the Myers-Briggs Type Indicator (MBTI) and DISC are not validated employment tests. They’re simply indicators of peoples’ preferences in certain situations and are not absolute indicators of ability. Personality profiles have a place in teambuilding and career development, not in the hiring and selection process.

I encourage you to check in with hiring managers often to make sure they have an updated list of illegal questions that cannot be asked during the interview process. Questions that should not asked, for example, are:
  • How did you acquire your fluency in (French, Italian, German)?
  • What neighborhood do you live in?
  • Which religious holidays do you observe?
  • Can you provide me with references from your clergy?

One form of gender discrimination is sexual harassment. I frequently receive questions such as, “exactly what is sexual harassment” and “what is an individual’s liability if he/she is found guilty of sexual harassment”?

Just to clarify, sexual harassment occurs when:

  • There are unwelcome sexual advances, requests for sexual favors, or other unwanted conduct of a sexual nature;
  • Submission of such conduct is made (explicitly or implicitly) a term or condition of employment;
  • The actions or words of coworkers create an abusive or hostile work environment.

The type of sexual harassment that is most often misunderstood is hostile environment. This occurs when there’s a pattern of behavior so pervasive and offensive that a reasonable person or individuals can’t focus on their work. This type of behavior can range from unwanted touching, to calling someone sexual nicknames, to offensive posters or calendars of partially clad men or women posted in public work spaces. To prevent this type of atmosphere, Human Resources should provide updated training on harassment of any type on a regular basis; publish and enforce a harassment policy; and provide a confidential means for employees to step forward and report harassment against themselves or others.

By the way, I think it’s helpful during training to advise employees that individuals face potential law suits for harassment: assault; assault and battery; intentional emotional distress; or invasion of privacy. The thought of money coming from an individual’s pocket and not just the company’s is quite a deterrent.

As an HR professional or line manager, there are signals that can alert you to an employee’s potential victimization:

  • Sudden deterioration in job performance;
  • Avoidance of a coworker or supervisor;
  • Absence from work;
  • Casual conversation or discussion of incidents in the workplace.

All of these are signs that a person may be experiencing problems and should be investigated, not ignored.

Gender discrimination can also occur in subtler, yet no less serious forms. Acts that can be potentially discriminatory under Title VII of the Civil Rights Act are:

  • Excluding women from golf outings;
  • Same job, different title and less pay for women;
  • Excluding women from mentor programs.

I encourage you to audit all of your HR procedures on a regular basis to ensure that practices, however innocent on their surface, are not resulting in discrimination against any members of your current or potential workforce.
 

Feel free to contact me if you have any questions or comments about this article.  Click here for contact form.
 

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