Chapter 7: Review of Case Study 7-3. Beth Ann Faragher v City of Boca Raton
Chapter 7: Review of Case Study 7-3. Beth Ann Faragher v City of Boca Raton
Sexual harassment and gender discrimination are common problems in many organizations including fire service police organizations. In this case, the US Supreme Court rightly held the city to have been vicariously liable for the misconduct of its supervisors towards Faragher. According to Bennett (2008), the lesson that fire department can learn from this case is that they should have in place clearly written policy on sexual harassment in order to avoid such liabilities (p.89). The court also noted that had the department had a clear procedure for its employees to file formal complaints, the outcome of the case would have been different. Thus, fire departments need to establish clear complaint filing steps and ensure that officials should have the authority to report acts of harassment immediately up the chain of command.
According to Kerr (2010), one of the most effective strategies for addressing sexual harassment at the workplace is through a well-communicated policy against sexual harassment. The author notes that it is important for an organization to broadly publicize such a policy by through it website, employee handbooks and bulletin boards. Moreover, organizations need to carry out harassment prevention training through lectures, modules and workshops. Therefore, fire department should therefore ensure that each and every employee is provided with copies of the sexual harassment policy and that one is engraved on its notice boards for every one of them to be aware of it. In this case, the department’s supervisors were oblivious of the fact that some of their conduct towards the female officers would constitute harassment. Further, apart from this, the fire department should take time to train their officers on the importance of professional conduct towards one another while at work. Also, as the Supreme Court stated, in order to afford fire departments the affirmative defense in such cases of sexual harassment, they need to put in place and exercise reasonable care to correct or prevent behavior that is sexually harassing. They must afford all their employees the opportunity to make use of preventive and corrective measures available.
My employer’s sexual harassment policy encompasses these recommendation and findings in this case by incorporating provisions on meaning and scope of sexual harassment, what constitutes it and the consequences. It also contains the rights and obligations of employees together with very clear steps to be followed to file complaints of sexual harassment through the chain of command.
The Policy Statement
Peter & Co. Advocates Ltd is committed to the provision of a safe and enabling environment for all its employees devoid of discrimination on any basis and workplace harassment including sexual harassment. This organization operates on a zero tolerance policy for all forms of workplace sexual harassment. Hence, any individual found to have engaged in sexual harassment of a fellow employee will face disciplinary action which includes, but not limited to, employment dismissal. Further, all sexual harassment complaints or claims will be given the level of seriousness, confidence and respect they deserve and no person shall be victimized whatsoever for making such claims.
Sexual Harassment Definition
Based on the International Labor Organization’s standards, sexual harassment is any unwelcome conduct of sexual nature directed at another person making them to feel humiliated, intimidated or offended. In the context of employment, it includes circumstances in which one’s employment conditions are premised upon them agreeing to engage in sexual activity with their superior. It also refers to any conduct of such a nature as to create a hostile, humiliating and intimidating working environment for an employee leading to their constructive dismissal through resignation. It could be verbal or physical conduct.
Sexual Harassment Complaints Procedure
Any employee allegedly subjected to sexual harassment is expected to as far as the circumstances allow, inform the harasser of the fact that their conduct is unwelcome and unwanted. The individual may also approach another member of staff of the organization charged with receiving such complaints such as HR department manager or member and a supervisor. Such a specially designated person shall immediately note the times, date, facts and dates of the sexual harassment, afford the victim the opportunity to air their views on what they want done and keep the discussion confidential
Disciplinary Measures and Sanctions
Any of these sanctions will apply to any employee found liable for sexually harassing another employee under this policy: written or verbal warning, adverse performance evaluation, wage reduction, transfer, demotion, suspension or dismissal. The extent and gravity of the sexual or any other form of harassment will determine the nature of the sanction to be imposed.
Policy Implementation
Peter & Co. Ltd will do everything possible to ensure that there is wide dissemination of this policy to all its employees including managers and supervisors in the HR department. It will also be available in the staff handbooks issued to each employee. It is the company’s standard procedure that all new employees are trained con corning the policy’s content during their induction. Refresher training on the content of this policy will also be conducted by this organization annually. Every manager has the responsibility of ensuring that all employees working under them are made aware of this sexual harassment policy.
Policy Monitoring and Evaluation
Peter & Co. Ltd. will carry our frequent surveys to ascertain how effectively the procedure laid down under this policy is being utilized to suppress cases of sexual harassment. Managers and supervisors are expected to compile yearly reports on the compliance with this policy, sexual harassment incidents reported, how they were addressed and recommendations thereof. It is based on this that the company will carry out evaluations on the policy’s effectiveness in combating sexual harassment and design appropriate changes where necessary.
References
Bennett, L. T. (2008). Fire service law. Upper Saddle River, New Jersey: Pearson Prentice Hall.
Kerr, G. (2010). Creating a harassment-free work environment for women in coaching. Canadian Journal for Women in Coaching, 10(2), 1-9.
