Thanks to everyone who responded to the "What's Working in Human Resources"
scenario.
I've included the original scenario in case you deleted it and don't remeber
the details. Those who responded and remebered to include their addresses
will get a free copy of our newsletter in a few days.
-----------------------------------------
The Scenario
"Bob, I think we need a policy that prohibits office dating," said Zap
Electronics CEO Wendy Abrams.
"Does this have to do with Jill Williams and Ted Jones?" asked HR manager Bob
Reese.
"Exactly," Wendy explained. "I just got notice that Jill Williams is suing us
for sexual harassment."
Bob turned pale. Wendy had quit a few days before because she said she
couldn't work with Ted any more.
"What sparked the suit?" Bob asked.
"Apparently, Jill says Ted couldn't accept the breakup. He kept pestering her
about giving him another chance, sending her flowers, embarrassing notes and
such. She thinks we should have done more about it. I don't think she has a
case. But still, we're stuck defending this suit!"
"This is clearly a mess, Wendy. But do you think a total ban on office dating
is the way to go?"
"Why not?" Wendy asked. "This is work, not a social club."
"I understand," Bob said. "But I know of a few other couples in the company
who seem very happy. I don't think they'll take it well if we force them to
choose between their jobs and their relationships. Besides, a dating policy
is tricky - even employees who aren't affected can feel like the company is
getting too involved in their personal lives."
"Good points, Bob. But I need a guarantee we won't have another incident. I
want you to think of the best way to do that. If that means a ban on office
dating, that's what we have to do."
If you were Bob, what would you do?
------------------------------------------
The Answers:
While many companies have very explicit policies regarding nepotism; dating
is another matter altogether. I do not believe that you can dictate what
people do in their free time. I would suggest that counselling, performance
review, etc be strictly related to job performance. Personal problems cause
havoc in the workplace on a daily basis but this does not mean we can
dictate staff's lifestyles. In this instance, the harassment must be
handled the same as any other type of harassment in the workplace. Charges
must be investigated and handled accordingly. In your scenario the
harassment complaint needed to be investigated long before the person quit.
If the person did not make a complaint prior to quitting, I don't see how
she would have a leg to stand on in sueing the company but I do not pretend
to be an expert on U.S. law. The policy that should be the priority and
focus here is regarding sexual harassment, not dating. The company should
already have their policy clearly stated in the Policy Manual and if they
don't, it should be an immediate priority.
Regards,
Leigh Olson
Leigh Olson Consulting
PO Box 87, Springwood QLD., 4127, AUSTRALIA
--------------------------
I would oppose the attempt to ban dating among co-workers, because I
don't think the company has any business (or the legal authority) to
regulate what goes on off-duty or off the property. I would also
review the current sexual harassment policy and practices to see
whether they were up to snuff, by checking with the Law Dept. (or, if
there isn't one, the company counsel for a ruling).
Further more, I'd try to point out that there is no way to prevent
nuisance suits, and shoot-from-the-hip panic reactions (which is
what Wendy's doing) are likely to subject the company to greater
liability.
As this involves a legal issues, the best way to influence the boss's
decision, IMO, is with legal reasoning.
Frank Bell Internet:
Project Leader
frank.bell@nonamebbs.com Amtrak
frank.bell@royal.com National Training and
Conference Center FidoNet:
110 S. French St.--Ste 200 Frank Bell@1:150/160
Wilmington, Del. 19801
-----------------------------------
I would put together or find a good sexual harassment training program
for both management and staff. I would make all my employees attend the
training. I would issue a strong policy statement that sexual
harassment will not be tolerated in this organization.
A good training program (which could include role playing) would have
taught managers and employees that on the job dating situation has the
potential for sexual harassment lawsuits. In a dating situation, any
employee could complain that they feel uncomfortable about working with
the two employees who are dating. If nothing is done, this employee
could file a sexual harassment suit. People will be more aware of the
potential for sexual harassment and job loss, and hopefully will behave
appropriately.
Jim Buschur
MIT
97 Greenwood Rd
Andover, MA 01810
-------------------------------
I would first ask Wendy about how she could have successfully managed
the company without having a guarantee that each of her decisions
were correct.
If she did not see the futility of a guarantee I would suggest
that we invest some time and resources in learning about our
legal exposure should we take an action with less than
competent legal advice.
Also, I would ask Wendy if the problem was dating or the breakup.
Since the problem is the breakup I would ask Wendy if it looks more
like a need for training on sexual harassment than on dating.
Suggest a policy on sexual harassment and provide training for
supervisors on how to manage to avoid sexual harassment--even after dating.
Bob
=========================
Robert F. Gately, PE, MBA
GATELY CONSULTING
115 Dutcher Street
Hopedale, MA 01747-1006
(508) 473-0955 Tel
(508) 634-0670 Fax
(800) 478-8117 Toll Free
http://ourworld.compuserve.com/homepages/gately/
------------------------------------
In the case of Jill and Ted, I would do 2 things. First, the obvious answer
is
not a ban on dating (Wal-Mart still looks curiously out of touch for having
that policy). The answer is a complete rehab of your sexual harassment
program. Ted apparently didn't know when he was over the line and Jill seems
unaware of the avenues that should be in place for complaints of this nature.
In addition, management should have known that, had they gotten any inkling
of
the problem from Jill, they were on notice that something had to be done.
Included in the training should be the warning that if an office romance goes
bad, one of the participants may be open to harassment charges, even if both
parties had entered the relationship willingly.
The second thing I would do is try to settle the lawsuit as quickly as
possible. With the facts as you've given them to us, I believe Jill has a
winner. I think all you can do right now is damage control. Part of that
process should include your earnest efforts to retrain the whole corporation.
Lawrence W. Mills
Director of Human Resources
Organization of Ancillary Services
103 Wilsbach Hall
State University of New York
Oneonta, NY 13820
E-mail
MILLSLW@SNYONEVA.CC.ONEONTA.EDU
Phone (607) 436-2439
Fax (607) 436-3642
----------------------------------------
A ban on dating is OUT.
I would follow the SAME procedure as any other sexual harrassment issue.
There's not enough information here to answer completely. Was HR or mgmt.
informed of the sexual harrassment by the female who claims she was being
harrassed? Did they follow up on it properly?
A BAN on dating won't stop people from dating, they'dd just cover it up.
Sexual harrassment can come about from several different scenarios other than
"dating". That was only an isolated incident.
Just my .02
Mary W.
---------------------------------
Here is what we did! in response to your query about office dating.
First we put a notice in our office inter-office bulletin to the effect
that: "Socializing between employees was supported and enouraged by our
corporation as long as it did not interfere with our work productivity,
contradict our mission statement, create a conflict of interest, or result
in any unwanted attention by one employee to or from another. In all
respects with expect integrity, dignity, and regard for each other to be
paramount in our workplace."
"Should anyone experience or perceive that they have experienced a misuse
of the above policy, they are encouraged to report that experience to our
employee assistance program coordinator or one of our peer support
employees. Employees who are married to a co-worker or employees who are
involved in a personal relationship with another employee are encouraged to
use our employee assistance program or a peer support coworker to assist in
successfully resolving difficulties encountered in the relationship."
This policy seems to be working exceptionally well.
***********************************************************************
Peer Resources is Canada's Leading Authority
on Peer Program Development and Mentoring for Schools and Business
Rey A. Carr, Ph.D. Tel: (250) 595-3503
1052 Davie Street Fax: (250) 595-3504
Victoria, British Columbia V8S 4E3 e-mail:
rcarr@islandnet.com
Peer Resources:
http://www.islandnet.com/~rcarr/peer.html
Directory of Healing Arts:
http://www.islandnet.com/helpful/Index.html
-------------------------------------------
I have a couple of comments:
<<"Apparently, Jill says Ted couldn't accept the breakup. He kept
pestering her
about giving him another chance, sending her flowers, embarrassing notes
and
such. She thinks we should have done more about it. I don't think she
has a
case. But still, we're stuck defending this suit!">>
It is unclear if this is the first time that the company has heard of
Ted's inappropriate behavior. If the company knew of (because of Jill
reporting it) but ignored Ted's "pestering" behavior, then I think she
may indeed have a sexual harassment case based on a hostile work
environment.
<<But I need a guarantee we won't have another incident. I
want you to think of the best way to do that. If that means a ban on
office
dating, that's what we have to do>>
Given that several happy couples already exist, I think that a rule
banning dating will cause more stress that it will solve. Even with a
rule like this in place, people will date, and people like Ted will
continue to pester their ex-significant-others. Ted's behavior is the
problem. I suggest having him talk to a therapist to help him deal with
his grief and move on, and put a policy in place to do the same for
future "Teds".
Dr. Wendi Everton
Praendex, Inc.
40 Washington St.
Wellesley Hills, MA 02181