Harassment reports on rise at workplace
Stress for Success
July 15, 2008

Jake (not his real name) realizes that he can be aggressive and overbearing at times. He admirably works at calming himself before interacting with those who easily push his buttons. However, he’s not aware that when he’s stressed he automatically reverts to his natural tendencies -- aggressive behavior. (This is true of everyone.)

HR directors tell me that in times of heightened stress, such as exists today, both those who are likely to harass others are more likely to do so, and those who are more “sensitive” to disagreeable behavior are more likely to perceive it as intentional harassment. This becomes a headache for HR departments because even a verbal complaint about harassment (versus a formal one) can mean many, many hours of investigative work to discern if the objectionable behavior constitutes either workplace or sexual harassment.

Everyone has enough work stress the way it is; we certainly don’t need the additional stress of harassment.

And harassment complaints are increasing. According to the Equal Employment Opportunity Commission’s (EEOC) fiscal year 2007 data, allegations of discrimination based on race, retaliation, and sex (which includes not only sexual harassment but also, for example, pregnancy discrimination) were the most frequently filed charges (followed by age, disability, country of origin, and religion.) Additionally there were double-digit increases from the prior year (race up 12%, the highest since 1994, retaliation up 18%, the highest since 1992, sex/gender up 7%, the highest since 2002.) These increases may be due to a greater awareness of the law, changing economic conditions (read stress), and increased diversity and demographic shifts in the labor force.

In 2007 the EEOC received 12,510 charges of sexual harassment, 16% of which were filed by males. The vast majority of these were settled and almost $50 million was recovered for those pressing charges (this doesn’t include litigation cases.)

The EEOC also received over 82,000 private-sector job discrimination charges in 2007, the highest number since 2002. They recovered $345 million in monetary relief for job bias victims. The agency also negotiated nonmonetary relief such as employer training (thanks for keeping me busy), policy implementation, reasonable accommodations, and other measures to promote discrimination free workplaces (www.eeoc.gov.) Workplace harassment is expensive and stressful.

“Corporate America needs to do a better job of proactively preventing discrimination in addressing complaints promptly and effectively,” said commission chair Naomi C. Earp. “To ensure that equality of opportunity becomes a reality in the 21st century workplace employers need to place a premium on fostering an inclusive and discrimination-free workplace for all individuals.”

I’m often called into workplaces where a harassment complaint has either been expressed or filed or to proactively avoid future problems. Since much harassment is in the eye of the beholder, there’s a lot of confusion about what actually is and is not legal harassment. However, it’s fairly easy to educate employees regarding what is and is not acceptable behavior in today’s workplace.

In following articles I’ll address how to tell if someone’s behavior is “harassment” and what drives true harassment behaviors.

Jacquelyn Ferguson, M. S., of InterAction Associates, is a trainer and a Stress Coach. E-mail her at www.jackieferguson.com with your questions or for information about her workshops on this and other topics and to invite her to speak to your organization.