What is ADR’s Crucial Role in Addressing Harassment in the Workplace?

IADRWG Presentation

January 30, 2019

Geetha Ravindra – FEMA ADR Division

OBJECTIVES

Workplace harassment and its impact on individuals and organizations.

The role of mediation in addressing workplace harassment issues.

Other tools to mitigate or prevent harassment, and support a safe and positive corporate culture.

HAS THIS EVER HAPPENED TO YOU OR SOMEONE YOU KNOW?

You go to a meeting, only to find out that everyone else was notified that it started half an hour earlier. You were not told, leaving you arriving late and looking unprofessional.

Everyone else in the team is invited by the boss to go out to lunch together, except you.

You get yelled at in front of the entire division by your boss or a co-worker.

You try to ask a question or address an issue in a meeting, yet you are not acknowledged by the boss. 

You are on a business trip and as you head to dinner together, your co-worker tells you, “I really like how you look in that dress.” 

HOW MANY EMPLOYEES DO YOU THINK ARE AFFECTED BY WORKPLACE  ABUSE?

10 MILLION

 20 MILLION

60 MILLION

FACTORS THAT CAN IMPAIR A HEALTHY AND PRODUCTIVE WORK ENVIRONMENT

Harassment

Incivility

Abuse of power

Poor Management

Microinequities

Bullying

 INCIVILITY

Workplace incivility is low-intensity deviant behavior with ambiguous intent to harm the target. Uncivil behaviors are characteristically rude and discourteous, displaying a lack of regard for others. 

Not saying Good Morning or Hello

Sending emails during a presentation

Leader who takes credit for good news, but points fingers at team members when something goes wrong

INCIVILITY VIDEO CLIP

This scene shows a co-worker using his paper shredder when another co-worker is trying to speak to a client on the phone.

The co-worker also causes his colleague to drop her files as she is walking, takes away important items from her desk and calls her “funny face.”

MICROAGRESSIONS

Microaggressions are verbal, nonverbal insults. Whether intentional or unintentional, they communicate hostile, derogatory, or negative messages to target people based solely on their marginalized group membership. 

When a white supervisor turns away mid-conversation from a non-white employee

When Asian Americans are asked where they were born

Excluding a co-worker from a discussion in the lunchroom

Ignoring the input of a co-worker during a meeting

MICROAGRESSIONS VIDEO CLIP

This video clips shows a white doctor turning away the assistance of an Asian doctor in a manner that questions his competence in front of the patient and others in the hospital.

IMPACT OF INCIVILITY & MICROAGRESSIONS

48% intentionally decrease work effort

47% decrease time spent at work

38% decrease quality of work

80% lost work time worrying about the incident

63% lost work time avoiding the offender

78% said that their commitment to the organization declined

66% said that their performance declined

Creativity and Engagement suffers

BULLYING

Bullying refers to severe or repeated behavior that has the intent or effect of intimidating or demeaning others.  Bullying may involve verbal or non-verbal threats, psychological abuse, physical assault, stalking, behavior directed at isolating, ridiculing or humiliating an individual, or preventing them from engaging in normal activities. 

BULLYING VIDEO CLIP

This scene shows an employee asking her co-worker for assistance, but she is refused help. 

The employee also experiences from her co-worker the following behaviors:

She takes all the cookies in the breakroom, leaving none for the employee

She gossips about the employee to others in the office

She exhibits negative body language

She posts negative information about her online

WORKPLACE BULLYING

In the US, workplace bullying is not defined by law or public policy.

Bullying can be directed at anyone and does not have to be related to race, color, religion, etc.

Workplace bullying can be considered harassment if the conduct is directed at the target because of his or her membership in a protected group.

Both harassment and bullying can be verbal or physical. 

EXAMPLES of BULLYING

Persistent singling out of one person

Shouting/raising voice at an individual in public and/or private

Not allowing the person to speak or express themselves (ignoring/interrupting)

Constant criticism 

Spreading rumors and gossip regarding individuals

Manipulating the ability of someone to do their work (overloading, withholding information, setting deadlines that can’t be met)

Taking credit for another person’s ideas or work

Refusing reasonable requests for leave 

Deliberate exclusion of an individual or isolating them from meetings

Excessive micro-management

HEALTH IMPACT OF BULLYING 

Reduced self-esteem

Musculoskeletal problems

Work withdrawal and sickness absence

Loss of concentration and confidence

Sleep and digestive disturbances

Increased depression/self-blame

Family tension and stress

High stress, post-traumatic stress disorder (PTSD)

Suicidal ideation

IMPACT ON ORGANIZATION

Poisons relationships

Reduces teamwork and cooperation

Negatively affects trust

Leads to absenteeism

Lower productivity

De-motivation

Poor morale

Negative health impacts

Anger, fear, hurt, embarrassment

Inhibits communication

Increased turnover

Grievances/litigation

Harms reputations

Derails careers

WHAT IS HARASSMENT?

Harassment is any unwelcome verbal or physical conduct, because of a race, sex, color, age, national origin, disability, religion or genetic information, that is so objectively offensive as to alter the conditions of an individual’s employment. This standard is met when:

The conduct results in a tangible employment action (a change in the employment status or benefits of an individual demotion, termination, failure to promote).

or

The conduct was sufficiently severe or pervasive to create a hostile work environment (unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile or offensive work environment).

FEDERAL CIVIL RIGHTS LAWS PROHIBITING HARASSMENT

Title VII of the Civil Rights Act of 1964

Prohibits harassment because of an individuals race, sex (includes pregnancy, gender identity and sexual orientation), color, national origin or religion

Age Discrimination in Employment Act of 1967 (ADEA)

Prohibits harassment against individuals who are age 40 and older

The Rehabilitation Act of 1973

Prohibits harassment of individuals because of their disabilities 

The Equal Pay Act of 1963 (EPA)

Prohibits discrimination in pay between men and women

The Genetic Information Nondiscrimination Act of 2008 (GINA)

Prohibits harassment of individuals because of genetic information

WORKPLACE HARASSMENT VIDEO CLIP

Harassment in the Workplace Part 1

This Video Clip shows a female employee being approached by her supervisor for dinner. She declines and he later yells at her in front of others. He then invites her out again for drinks when she tries to express her concerns about his behavior.

WHO, WHERE and WHEN CAN HARASSMENT OCCUR?

Men and Women

The victim and harasser can be the same sex

Victim can be harassed by:

Co-worker

Supervisor

Client

Someone in another division or department

The victim can be anyone affected by the offensive conduct

Any time

Anywhere in the workplace 

Work related settings – business trips/deployment, business related social functions

COSTS OF HARASSMENT

One study found that the psychological effects of sexual harassment can rise to the level of diagnosable Major Depressive Disorder or PTSD.

 Sexual harassment has also been tied to psychological effects such as negative mood, disordered eating, self-blame, reduced self-esteem, emotional exhaustion, anger, disgust, envy, fear, and abuse of prescription drugs and alcohol.

Physical harm can also result such as well as headaches, exhaustion, sleep problems, gastric problems, weight loss, cardiovascular issues

Work withdrawal, disengagement.

CHARACTERISTICS OF PEOPLE WHO ARE TARGETS

“Nice”– friendly, approachable, trusting, cooperative, patient, tolerant, forgiving, kind

Un-Empowered – People who have a poor self-image, low self-esteem, non-assertive, avoid confrontation

Different – physical or mental disabilities, physical or behavioral characteristics, manner of dress, race, religion, sexual orientation

Targets that instill jealousy – successful, smart, talented, attractive, popular, well-educated, well-liked

Targets that threaten control – willingness to disagree, stand up, speak up, point out mistakes, 

Situational targets - newcomers

ORGANIZATIONAL RISK FACTORS

Boys Club mentality

Rigid hierarchy

High value “untouchable” employees

Job with business travel

HR is non responsive

Gatekeeper situations

A younger workforce 

Isolated or decentralized workplaces

Workplaces that tolerate or encourage alcohol consumption

Workplaces with significant gendered power disparities – the senior staff are men and high value and the majority of associate and support staff are women

IMPACT of HARASSMENT

The incident(s) itself hurts

Embarrassment

Shame/Guilt

Disappointment

Fear

Difficult post-incident decision-making

Emotional toll of considering whether to report or not to report

Staying in the same job or leaving

Being nice to the person, continue to face harassment, or confronting perpetrator

Consequences of reporting

Sexual harassment stays with victims for life

There is a financial consequence, career repercussions

Impact on reputation

HOW DO WE RESPOND TO HARASSMENT/BULLYING

We push back, walk away, try to ignore the other person

We try to appeal to emotions – we show kindness

We try to reason to gain a positive resolution

We may subscribe to peace at any price

We may feel guilty saying no

We may not be comfortable speaking up 

HOW DO ORGANIZATIONS TYPICALLY REACT?

They may try to minimize the situation, putting the burden on the target to “try harder”.

You should “not take things so personally.”

It’s just a personality conflict.

You are just being too sensitive.

DR. HICKS – DIGNITY MODEL

After years of convening dialogues with warring parties in many parts of the world, Dr. Hicks realized that while the political issues were being negotiated, there was another voiceless and nameless cry underlying all the discussions: a yearning to be treated with dignity. 

MEDIATION MORE LIKELY WHEN

The victim has resigned from his or her position as a result of harassment and is seeking redress.

The victim intends to resign due to harassment and is wanting to negotiate an exit package.

The victim is still employed and wishes to remain so, but wants assurances that he or she will not continue to be exposed to the harassing behavior and seeks an apology.

CONCERNS RELATED TO MEDIATING HARASSMENT MATTERS

Imbalance of power.

Precludes increased awareness of the extent of the problem as it is confidential in nature.

The notion of mediators as neutral or impartial facilitators does not hold true in these situations and mediators must take a stand that certain behavior is inappropriate and unacceptable.

Mediation is not equipped to resolve disputes of facts.

Reframing that mediator’s use to neutralize language may minimize the conduct at issue.

WHEN MEDIATION CAN BE HELPFUL

Direct facilitated dialogue that is well-structured can bring new awareness.

The offender may gain an understanding of the impact of their conduct on others.

The offender has a chance to learn and change.

The victim may feel more empowered to set limits and discuss modifications of their working relationship that would make it feel more productive.

The focus would be on the future working relationship.

The mediation would be separate from any other consequences or discipline.

The employees may feel a sense of hope that problems can be addressed informally.

ASSESSING APPROPRIATENESS

Assessment as to whether mediation is appropriate is critical when there are harassment allegations.

There should be a formal intake process. 

The physical and psychological safety of the victim is important.

The process has to be fully informed and voluntary.

The parties may wish to be accompanied by advocates.

The mediator should continually assess and monitor the appropriateness of the process, taking particular note of the parties’ non-verbal/metacommunication. 

PRE-MEDIATION PREPARATION

Meet with both parties in advance to ascertain their openness to participating in the mediation process and their state of mind/emotion.

Discuss with the victim whether they would be able to discuss what happened in the presence of the offender. Sometimes victims are unsure or unwilling to confront the offender. This should not be forced.

Victims who can face the offender are often able to move forward and heal when they are able to confront the offender.

Discuss with the offender whether they are going to be able to listen to the other party, demonstrate respect, and provide a productive response. 

Explore with the offender how supportive they will be and whether an apology may be possible.

Inquire whether there is anything that can be done to make the parties more comfortable.

 PRE-MEDIATION PREPARATION

Studies show bullying and harassment will often stop when the targets speak up and challenge the perpetrator about their actions.

It takes courage, but once the pattern of misbehavior is clear, the act of speaking up can catch the person by surprise and upset the power imbalance.

Stay calm and plan what you will say.

Be specific about the behavior that is bothering you.

Don’t apologize for your feelings – if something is bothering you or you feel disrespected, you have a right to communicate this. 

Listen carefully to the other person, there could be a misunderstanding. 

Attack the problem, not the person. Speak respectfully in sharing your concerns.

Do not challenge a perpetrator if you feel overly threatened or concerned about your well-being.

MEDIATING HARASSMENT

Create a safe space for the session by sufficient physical separation.

Use a tone and approach to ensure the parties recognize the seriousness of the issues.

Ask the victim to speak first and ensure that the other party is present and listening actively.

The mediator should request the victim to describe the incident(s) and focus attention on the victim in a deeply respectful manner as they victim shares the pain and humiliation of the event. There should be no interruptions.

The mediator should thank the victim for their willingness to share their painful experience and then ask the offender to provide a response.

In some situations, it may be appropriate for the offender to address the victim directly. If not, the offender should address the mediator.

MEDIATING HARASSMENT (2)

Many harassment cases are not clear. There is often misunderstanding, miscommunication, and there are number of reasons for why the offender engaged in the particular behavior. 

Understanding why the offender engaged in such behavior helps the victim gain perspective.

Oftentimes, the offender will apologize for the behavior.

Ask both parties to consider whether there were structural causes for the incident, including, for example, a highly stressful work environment, insufficient opportunities for clear communication, a lack of training for managers, or inadequate cultural competence.

MEDIATING HARASSMENT (3)

The parties may be asked to “re-do” a difficult interaction.

One successful outcome of mediating harassment matters is increased awareness on the part of the offender as to what they did that caused the problem and how to avoid similar situations in the future.

The parties may be asked questions such as:

What have you learned from this experience?

What is one thing you will do to make sure this never happens again?

How can you put this behind you and move forward?

What can the other person do to help you at this time?

What would it take for you to forgive the other person?

COACHING/OMBUDSPERSON

State the problem

Acknowledge that there is abusive conduct or harassment.

Know that the behavior is about the perpetrator, not you.

Understand how the behavior is affecting you.

Protect yourself

Document the abusive behavior/harassment

Take care of your health and well-being

Empower yourself

Reframe negative thoughts

Consider your options

Learn to assert yourself

DOCUMENT PROBLEM

Who is doing the harassing?

What does the behavior consist of?

How often does this behavior occur?

What are the effects of this behavior on you?

REFRAMING & FUTURE FOCUS

“I just can’t handle this!”  --- This is difficult, but I can handle it.

“No one cares about me.” --- Lots of people care about me, including....

POSITIVE THINKING EXERCISE

Imagine yourself one year forward having a conversation with someone about the past year.

Friend – You have had quite a year.

You – I sure have. I never thought I would survive all that business with...

Friend – How did it all work out?

You – Describe how it resolved, whether you confronted the perpetrator, had a facilitated conversation, reached out to HR, or left the organization.

Friend: Look at you now. You are so happy.

You- I am happy, thank you. I also feel pretty proud of myself.

PRACTICE ASSERTIVENESS

Assertiveness is respect for one’s own needs and the needs of others.

Feel empowered and confident to express that the behavior is not appropriate and you will not tolerate it.

ROLE-PLAY

Consider “What do I need?”

Practice

1) Since 		  (date behavior started).

2) You have chosen to engage in conduct towards me that is ....(list behaviors that are specific and clear.

3) Your behavior...(tell the impact on you)

4) I am asking that you stop behaving this way immediately. 

CONSIDER OPTIONS

Options								Result

Ignore								Nothing will change or gets worse

Avoid								Not possible due to work environment

Talk directly about problem			Might get better, or may get worse

Talk to supervisor					May be able to help, but will I get 											labeled a complainer?

Facilitated discussion				Might resolve issue. Need 													support/training to have discussion.

HR complaint						Will this cause things to escalate? 

New job							Update my resume, job search, 												reputation impact, financial impact

MANAGER TRAINING

Harassment behaviors flourish where there are high demands, low resources, and ineffectual leaders.

Leadership training that encourages supportive leadership styles.

When does “drive for results” become harassment?

When does performance feedback become harassment?

What is the difference between “venting” by a staff member and an actual complaint regarding harassment?

How do I respond to an employee who is making a complaint?

AGGRESSIVE MANAGER VIDEO CLIP

This segment illustrates a manager who yells at an employee for not cleaning the floor properly, for not making sandwiches effectively, and for not stocking the pantry appropriately. He makes the employee feel terrible when the employee states that he is leaving work at the end of the day.

MANAGER TRAINING

Managers should always be prepared to receive complaints. An open-door policy should be in place and a staff member should not be asked to make an appointment or feel rushed.

No snap judgements, dismissiveness, questioning the veracity of the concern.

Show empathy.

Listen actively and summarize.

Explain why you cannot keep the matter confidential.

Reassure the complainant about the agency’s anti-harassment policy and policy against retaliation.

Look for ways to eliminate/address imminent concerns the staff member expresses.

Explain next steps. Document the complaint.

Supervisors and managers are required to take prompt, effective and corrective action upon being notified of an allegation of harassment.

EMPLOYEE TRAINING

How do I respond to harassing behavior by a peer?

How do I respond to harassing behavior by a manager?

What is the appropriate approach/complaint process I should take to address the harassment?

Speak directly with the harasser to ask that the behavior stop.

Speak to manager.

Speak to Office of Equal Rights

At FEMA, any person who believes they have been subjected to or witnessed harassment that violates this policy may report the matter promptly to a first or second line supervisor, another management official, the FEMA Anti-Harassment Unit (AHU), or the DHS-Headquarters Equal Employment Opportunity Office.

Agency Specific Resources

CONSCIOUS BYSTANDER

Speaking up is difficult and includes a risk that you may be harassed too.

Addressing harassment and bullying is everyone’s responsibility.

The damage caused by harassment impacts everyone on the team.

If you don’t say anything about inappropriate behavior, perpetrators may take this as tacit support for what they are doing.

Speak clearly, “I feel uncomfortable with the way you are treating our co-worker.” 

Ask for a change. This helps coworkers understand that a positive and respectful atmosphere needs to be maintained so everyone can relax.

CONSCIOUS BYSTANDER VIDEO CLIP

This Video clip shows two co-workers giving a third co-worker a hard time at work. They tug on his clothes and make it difficult for him to do his job.

Another employee tells the two co-workers that it is not appropriate that they give their colleague a difficult time and he encourages them to change their behavior.

ORGANIZATIONAL DEVELOPMENT

Harassment and bullying are often signs of deficits in an organization.

A workplace culture that is permissive of inappropriate behaviors should be brought to the attention of senior management.

Raising systemic issues can help create a work environment that supports positive and appropriate behaviors.

The source of harassing behavior can be due to the corporate culture

Layers of hierarchy				Lack of transparency of decision-making processes

Stressful work environments		Lack of clarity in roles and responsibilities

High workload					Low job autonomy

Job insecurity					Low trust

Timeliness of responding to employee concerns

Lack of accountability for destructive interpersonal conduct

ORGANIZATIONAL DEVELOPMENT (2)

Conduct climate assessments and/or listening sessions. Discuss how behaviors may have contributed to the organization’s culture.

Provide a structure to gain additional skills to address the issues raised.

Create group norms – talk about expectations, what behaviors work and what don’t. A health care provider created the 10/5 rule. If you are within 10 feet of someone, you make eye contact and smile. If you are within 5 feet, you say hello.

Teach civility though role-play/video of interactions.

Facilitate discussions around corporate values, such as respect.

Discuss the importance of good management skills and good models.

Hire for civility

Ask for feedback

Praise publicly, reprimand privately

RESOURCES/INFORMATION

FAQs on the Intranet related to addressing harassment 

Distribute the Harassment Complaint procedures to all employees and new hires.

Post information regarding Harassment Complaint procedures in visible/accessible places.

More information on the Employee Assistance Program services and positive ways to deal with workplace stressors.

Create an anonymous hotline for reports.

Offer confidential avenues for reporting.

Develop a cartoon video that illustrates the various options to address workplace harassment concerns.

WHO DOES A TARGET TURN TO?

Victims try to reach out to coworkers and friends for support first. 

Co-workers are fearful themselves and weigh the risk of supporting the target versus pulling back

Peers often feel they do not have any power to make things better. They are ill-equipped to help.

PEER SUPPORT PROGRAM

Several international organizations, such as the World Bank and the International Monetary Fund have created a program where employees are provided training in effective communication and conflict resolution skills, and serve as a confidential sounding board for staff who are experiencing a difficult workplace issue, such as harassment or bullying.

The Peer Support Person will listen actively, assist the staff member in reflecting on the issues, share information on available resources, and assist them considering the various options for addressing their concerns, both formal and informal.

The Peer does not report or track these conversations. They do not put the organization “on notice”. They do not advise, mediate or intervene in the matter.

The Peer is a safe place for staff to discuss stressful issues without any fear of retaliation and to empower staff to make informed decisions based on the remedy they seek.

These programs have been extremely helpful in the organizations in which they are established.

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