Sexual Harassment
Conflict Resolution Project Paper
Background2-4
Literature Review..5
Analysis.6-8
Conflict Resolution Recommendation..8-10
Reflection11
References..12
Background
The sexual harassment case concerning an employee of Kleiner Perkins Caufield & Byers, one of Silicon Valley's best-known venture capital firms, Kleiner Perkins Caufield & Byers, is the conflict situation that will be the emphasis of discussion. According to one allegation relating to this specific case, Ellen Pao claims that in 2006 an male employee at the firm "made inappropriate sexual advances" toward her that caused her to feel as though her job at the company mightcould be in jeopardy if she refused rejected those advances (Gage). She ultimately submitted to those advances and became intimate with this male employee. However,, he ended up later retaliatinged against her after she ended the relationship. The conflict tactic used by the harasser was a threat tactic, which is. Threat tactics are the most commonly used competitive tactic in sexual harassment cases because this tactic strategy is effective. Threat tactics have the following two criteria: the source of the threat controls the outcome and the threat must be seen as negative by the targeted individualrecipient, which was true in the situation involving the female employee at Kleiner Perkins (Wilmot& Hocker, P.160). The accusing female employee also claims in the suit that discrimination is essential to the operation of the firm and that Kleiner Perkins fails to promote and compensate women compared to the men in the organization (Gage). She claims that Kleiner Perkins failed to resolve those claims, in spite of her constant complaints about the matter to several partners at the firm. In 2007 and 2011, Kleiner Perkins did involved an outside investigator to look into the allegations made by Ms. Pao. twice, in 2007 and 2011.
As a conflict resolution specialist,; I will execute perform a thorough analysis of the matter and recommend a comprehensive course of action leading to a resolution. I will make certain to mediate and deliver impartial results that, if heeded, will result in corporate will create a transformational change at Kleiner Perkins. to the impending performance of this organization. Essentially, I have reviewed the background information provided to me by Kleiner Perkins Perkins representatives,. I have thoroughly evaluated the facts and provisions, and in doing so am prepared to meet with all parties involved, namely which include the accuser, the accused, and management staff, in an attempt to discover how the conflict stemming from the, alleged harassment, was interpreted and how the conflict generatedspread. I have researched the Human Resource Department to assess look at any reportssources concerning employee relations issues reported by the involved individuals and to, as well as analyze Kleiner Perkins’ policy on sexual harassment.
Everyone involved at Kleiner Perkins will have a chance to explore their his or her own perspectives about the situation and I will assist them all involved in participating and developing constructive approaches and action -plans. As I organize these interviews, I will pay close attention to the individual actions, emotions, conduct, and behavior of all parties involved. After combing over and considering in detail the information gleaned, I will be better able toThese interpretations will provide me with the capacity to make unprejudiced assumptions and to draw conclusions as to the reality of the facts and perhaps be in a position toattempt to conclude ascertain as to how the conflict occurred. During my consultation, I will assess Kleiner Perkins’ yearly training on harassment and discrimination and make sure that the parties involved have taken part in the training exercises on sexual harassment, which should be conducted on an annual basis. Since this conflict deals with sexual harassment, a violation of Title VII, I will have to obtain, in as objective a manner as possible, a thorough understanding of the events meticulously and in an objective manner.
I will maintain strict confidentiality with everyone involved, and they all involved will be encouraged to be open and honest as this will be the only way to arrive at and so that we maysearch for potential solutions to resolve the conflict. Sexual harassment is not taken lightly at Kleiner Perkins, Caufield & Byers and as a consultant for this firm, I will ensure that everyone is held accountable for their his or her actions as I attempt to reach an amicable solution to resolveing this conflict.
Literature Review
According to the U.S. Equal Employment Opportunity Commission, sexual harassment occurs "when submitting to or rejecting unwelcome sexual conduct affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment." It can take many forms, such as unwelcome touching, suggestive gestures, inappropriate teasing, or comments that make people uncomfortable (Smith). There are two elements of sexual harassment under Title VII: quid pro quo and hostile environment. Quid pro quo harassment takes place when employment benefits are contingent on submission to sexual requests. The more common complaint is under the hostile environment element. Since these hostile work environment complaints are highly personal, it is vital that the tool of dispute resolution method be thorough enough to skilled in dealing with an endless wide range of situations. The fact-intensive nature of the complaints, in addition, calls for a dispute resolution method capable of addressing the complexities of each case with a new perspective. It is very important to the complainants to "have the chance to custom design an approach to their concerns" (Bond). Mediation, commonly defined as negotiation carried out with the assistance of a third party, is a highly flexible dispute resolution method that logically suggests itself as a dispute resolution method under these conditions.
In fact, mediation is increasingly being regarded by some companies as a more preferable way to deal with sexual harassment cases than is litigation. There are a number of reasons why mediation conducted by a competent, impartial mediator can be a preferable alternative to legal action in a court of law. For instance, going the mediation route can help companies avoid costly, potentially drawn-out legal action that can damage their corporate brand and poison the workplace environment; and mediation can provide a way to resolve the issues and bring closure so as to repair the company/employee relationship.
When sexual harassment allegations are made, companies are put in the difficult position of trying to determine whether or not one party or another is being truthful. Lengthy court battles not only threaten to leave companies with unsightly legal bills, but also threaten to do untold harm to their corporate reputations and workplace environments. As such, mediation is viewed by some businesses as a better alternative than the court system for dispute resolution. Sexual harassment victims typically resort to court action in a bid to get the offensive behavior to cease, and a mediation process that is both confidential and voluntary can help the opposing parties to work through the issues in an atmosphere that is non-adversarial in nature.
Furthermore, companies are increasingly seeking to get to the bottom of sexual harassment allegations via mediation over litigation because the winner-loser mentality in court rooms can cause irreparable harm to the employee/worker relationship. However, going the mediation route that involves a process where the parties participate voluntarily and confidentially, and coming to a settlement that is fair, can potentially maintain the employer/employee relationship post-mediation.
Analysis
The third- party intervention in this the harassment case involving Ms. Pao seeks to ensure that this is a win-win situation for all parties involved. When third- parties intervene in a conflict such as this, they establish relationships with the disputants. When people work through conflicts, they work through relationships as well (Folger). There are three forms ofr third- party influence to be decided, namely; process control, content control, and motivational control. Process control will determines when and where the parties involved will meet. Content control will refers to the substance of the arguments by the parties involved and any agreements reached between them. Motivational control refers to the extent to which a third - party can encourage individuals to perform certain actions (Folger, Poole, Stutman, 2009). The parties involved in a case of sexual harassment have conflicting main concerns that impact how the incident should be resolved. Any dispute resolution system must ultimately meet the majority of concerns of all parties to be effective.
Power plays an important role in a conflict situation. Power is defined as the ability to control events and outcomes, and influence is one way that power is exercised. In fact, the influence of power This can possibly be one of the ways that the accused pressures Ms. got Ms.Pao to enter anbecome intimate with him. In a previous reading a lecture, it was is stated that, using power in conflict situations is based on resources that individuals in a conflict may hold, and these resources are a basis of influence if the influence carries has the endorsement of others. This endorsement of others is what makes power a relational concept. Power is relational and it is important to assess power and recognize that people in conflicts may be of either high power or low power. Knowing when to exercise power in a conflict situation may affect both the outcome of the conflict and how parties feel about the situation after the conflict ends.
During a dispute resolution process, the ultimate goal of mediation is to reach an agreement about future conduct, not to place blame with one party. It is a process of exploration, both of the legal and non-legal issues at hand and, more importantly, of the options for resolving them. Although the process of mediation is flexible, it can be modified at any time prior to, or even during, the mediation session (Bond).
Conflicts can be productive or destructive. The elements of a productive conflict are similar to the elements of good communication. Likewise, the elements of a destructive conflict are similar to those of destructive communication. Those engaged in a productive conflict will most likely reap the benefits of conflict such as a positive gateway to change. Those engaged in a destructive conflict will most likely not benefit from the conflict process and end up in a worse position than prior to the conflict situation. It is important to recognize a destructive conflict so that it can be altered to a productive conflict where resolution and positive change may take place. Negotiation is the key to solving destructive this conflict. Negotiation will allow the parties to reach effective solutions to issues and feelings. Based on the delicate nature of this particular case, there needs to be compromise by all parties involved. Since Ms. Pao conceded when submitting to the advances of the accused, . Iit’s difficult to determine if this is actually a case of sexual harassment.
One of the key items in the relationship component of conflict situations is the element of face-saving. The idea of face-saving has to do with appearance, and it can also be a way to prevent our personal perception of our pride and self-worth from being damaged. Face- saving can be defined in a different ways, depending on factors such as the circumstances or the culture of the people involved. Face-saving can be defined as saving one's reputation, using certain body language or facial , and even the expressions on one's face when in a conflict. This harassment accusation may require face- saving from both parties based on the circumstances surrounding their relationship and the harassment that supposedly allegedly took place.
Recognizing and understanding the causes of conflict in the business environment during the latent stage is the key to a fast resolution. The latent stage or thef is first phase of conflict is often listed as latent conflict or unstable peace. Latent conflict occurs whenever individuals, groups, or organizations have differences that, while bothersome to some, bother one however those inconsistencies are not deemed as being excessive enough to cause one side to act in a way that will to correct the situation. Differential power, resources, differing interests, or values all are likely to trigger conflict or something happens to initiate it. Latent conflict is often embedded in economic inequality that has gone on for quite some time, or in groups' unequal access to political power. Latent conflict is occurs whenre competitive conditions could easily become conflict. There are several warning signs before conflict arise. These, which include the following:
- Romantic relationships between employees, i.e., perceptions of favoritism and morale problems can occur among employees, and there is a built-in potential for discrimination or harassment charges.
- Inconsistent performance levels, i.e., fluctuation of monthly sales levels or decrease in pace/speed of work output.
- Excessive time spent on non-work related duties, i.e., personal phone calls or appointments, Internet surfing or excessive breaks.
- Pattern of unhealthy social activity, i.e., excessive drinking, and drug abuse.
- Changes in normative personality traits, i.e., a typically outgoing person withdraw from socialization.
(Bernardi,1999)
Conflict Resolution Recommendation
Courses of action used to resolve this issue and any future claims of harassment will involve training (employees, managers, and supervisors), expediting helpful discussion, and discussing a resolution between the involved individuals. I also plan to help maintain and improve the relationship between the conflicting parties, (if possible, ) in order to prevent future conflict. There are sStrategies to resolve any resolution which include the following:
- Mediation: A formal process in which an impartial third party, with no decision-making power, helps the disputing parties voluntarily settle the dispute by establishing ground rules for negotiation. He/she opens channels of communication, articulates the needs of each party, identifies the issues, and if requested, makes recommendations on disputed issues.
- Arbitration: A formal process in which a third- party who has been chosen by the disputing parties, renders a decision on the legal merits of the dispute. The arbitrator renders this decision after a hearing that generally involves the presentation of evidence and an oral argument.
"Conciliation, facilitation and mediation are interest-based processes; the disputing parties themselves craft a resolution that meets their needs. Arbitration is a rights-based process; a third party determines the legal rights of the parties" (Bernardi).
Working Through Conflict, states that there are two ways to assess conflict behavior. The ways are effectiveness of the behavior and appropriateness of the behavior. Effectiveness is when the behaviors can be judged by effect or outcomes that are reached. Appropriateness is when conflict behaviors can be judged by how they line up with the norms and expectations for how people are to deal with conflict (Folger, Poole, and Stutman, p.84). As a solution, most victims are primarily interested in a termination of the harassment rather than any punitive or disciplinary remedies (Bond). They want assurance that the conduct will not repeat itself so they can quickly return to work. Some victims may also be interested in a resolution of their complaint that helps ensure that someone else will not suffer harassment. The employer, in comparison, is mainly concerned with maintaining a productive and pleasant workforce. Employers want to avoid negative publicity and desire a fast and inexpensive end to any complaints that initially reduce worker output. They want to provide for their employees, and be perceived as providing a "credible forum" for resolving these sorts of workplace disputes (Bond). Providing an appropriate dispute resolution process also satisfies the employer's legal responsibility to effectively and promptly respond to a complaint. The accused harasser/employer has his own interests in a dispute resolution system. He/ Sshe needs to know what behavior caused offense and to have a chance to explain his/her s behavior to the victim. Some accused are interested in a forum where they can express remorse and will not he treated as a stereotypical "harasser". The accused/ harasser would like to return to work quickly and would like the process to be confidential.'" The confidentiality is important because he/she is possibly concerned about their reputation and afraid of the possible consequences of the procedure.
The first thing that needs to be determined is if the HR Department had Sexual Harassment policy in place that states that any employee who is found to have sexually harassed , another employee or applicant for employment will be subject to disciplinary action up to and including dismissal. The nature of the punishment shall be guided by the seriousness of the offense. Policies provide for a great deal of latitude and subjectivity in determining an appropriate form of corrective action for sexual harassment. Unfortunately, policies and procedures have not advanced to the point of defining a serious offence or a less serious offense (Jensen). The firm should have policies which that require employees to report sexual harassment to the company, even if the individual reporting the harassment is not the one being harassed. Kleiner Perkins should continually perform training to ensure that employees understand their duties. This provides companies with control of a harassment situation by ensuring that it has taken reasonable measures to provide an atmosphere in which sexual harassment will be reported (Jensen, Kleiner).
Reflection
Conflict resolution is the development of working through differences and disagreements. There can be many different kinds of conflicts in the workplace. Conflict is normal. Mediators are sometimes used to help others work through conflicts by using different kinds of resolution procedures to solve the problem. Conflict is not always a bad thing. Sometimes conflict creates the necessary movement needed in order for change to take place. It is critical for supervision to be well trained in the area of conflict. Conflict is a key element of communication.
While conflict in a workplace environment is inevitable and even potentially beneficial, it is important that such incidents not only be caught early, but also be addressed properly. Put another way, a conflict situation that is noticed and addressed, before it gets out of control and possibly impacts the workplace environment adversely, can be used as a learning tool or a teachable moment that ultimately leaves employees and management more enriched. However, conflict that is left to fester will almost certainly bear the fruit of a strained workplace environment where co-workers choose sides and where productivity dips.
In order for conflict to be a catalyst for change in the workplace, management and employees have to be tuned in to what is going on. On the one hand, management needs to be cognizant of what is going on in the workplace and act speedily and competently when required. On the other hand, employees have to be willing to, one, take a proactive role in working out their differences with co-workers and, two, going to management in the event that employee-to-employee dialogue fails to resolve the dispute. However, management will need to ensure that there is a corporate culture of fairness and transparency if they are to expect employees to approach management with concerns relating to disputes. As a result, management and workers have responsibilities when it comes to conflict resolution in the workplace.
Even if management and employees are proactive at identifying and seeking to resolve conflict, there will still be instances, such as in the case of sexual harassment allegations, where outside help might be required. In such cases, it might make sense to reach out to a mediator who will hear the sides of the principal parties and then hand down a non-binding ruling that can help the sides resolve the conflict.
In reflecting on this assignment, I realize that conflict is going to be present in every aspect of life. This harassment case could have been avoided if Ms. Pao had not submitted to the threats of her harasser and had, instead, reported the unwanted advances immediately to management staff that is well trained in conflict resolution.
References
Bernard, Morrowi (1999) Resolving Workplace Disputes. Source: Canadian Manager, Spring99, Vol. 24 Issue 1, p17,
Bond, C. (1997). Resolving Sexual Harassment Disputes in the Workplace: The central role of mediation in an employment contract., Dispute Resolution Journal, 52(2), 14-87.
Folger, Joseph P., Poole, Marshall Scott, Stutman, Randall K., Working Through Conflict: Strategies for Relationships, Groups, and Organization, 6th Edition, 2009
Gage, D. (2012, May 23). Kleiner Perkins partner sues for discrimination. Wall Street Journal. Retrieved from http://search.proquest.com/docview/1015218030?accountid=44759 retrieved on January 23, 2013
Hocker, J.,Wilmot, W.,Interpersonal Conflict, McGraw-Hill, 8th Edition,2011
Jensen, K., & Brian, H. K. (1999). How to determine proper corrective action following sexual harassment investigations. Equal Opportunities International, 18(2-4), 23-29. Retrieved from http://search.proquest.com/docview/199607561?accountid=44759
Smith, P. (2003). How to Handle Conflict,Career World, 32(3), 17.
