Hostile work environment?
Dear Dr. Mac,
I work for a large software company in a sales capacity. In a very real sense, the work environment is very similar to what you would expect of a frat house. Women are vastly outnumbered(less than 10% females), and we are constantly treated like emotional basketcases and/or sex objects. References about a womans clothing, cleavage, size, etc are thrown about without any regard to feelings. While none (thus far) of these comments have been directed towards me, we are in a cubicle environment and it is impossible to not overhear these conversations. Previously I would stand up and glare when I would hear such comments, but it does nothing more than guarantee a mumbled apology and then probably rude comments about how I am a prude. Oh well! I finally went to HR. Immediately the HR rep (male) went into defensive mode…. leaned back in the chair, arms crossed and told me that sales people are of a different breed and need some lattitude. He asked what solution I felt would be appropriate to which I responded that sensitivity or sexual harrassment training may be a good first step. The HR rep then went on to inform me that no action would be taken based on one person’s complaint, but he will keep his ears open for other complaints. SO.. what are my options? Can one person change an entire corporate culture? How can I get this to stop?
-End of my rope Edna
Dear End of of my rope Edna,
I would like to share this riddle with your HR rep: what do horseshoes, hand grenades and harassment all have in common? That’s right, close enough is good enough to do some damage. In other words, under our civil rights laws, bystanders have the same right to be free from harassment. Therefore, even if you are not the target of offensive behavior, but you see harassing behaviors or overhear offensive language, you are just as protected and you have the right to complain. You were right to complain. Your complaint triggered the employer’s responsibility to seek out and eradicate offensive behavior. The fact the HR rep did little or nothing only exposes the employer even more. The HR rep is also forgetting another important rule: The majority does not always rule in harassment cases. The standard for determining offense is whether a reasonable person under a totality of the circumstances would find the behavior objectively offensive. The fact an organization’s culture tolerates, or even encourages such behavior, is irrelevant. The arguments that we “were just having fun,” “that’s the way it’s always been around here,” “it’s just jokes and harmless teasing,” or my least personal favorite, “boys will be boys,” are admissions of liability, not reasonable excuses or defenses. Indeed, trying to invoke the “we are different,” “we are sales people,” or “we are so important” defenses in these cases is just a form of corporate suicide. I should add, if you are subjected to some adverse consequence because you complained, then the employer is not only liable for harassment to which you have been exposed, but also for retaliation. Finally, if your employer does not do anything, employees have the right to complain to the federal or state civil rights agencies in your state to seek relief. Given your employer’s lame effort, you may wish to consider taking your complaint to a more receptive audience.
-Dr. Mac

