Have a company policy
The first thing to understand about a sexual harassment complaint is that it is unlike many other workplace conflicts. Sexual harassment is an illegal act, whereas some other conflicts are not illegal, but issues of personality issues, inappropriate competition, or other problems which, although serious, do not violate federal law. Therefore, if Ana’s company does not have a written sexual harassment policy, the first thing the HR department should do is develop one and provide training so that all employees are aware of its provisions and understand how to abide by them (Heathfield 2016). Such a policy could go a long way toward avoiding conflicts such as the one between Ana and Ellis because its definition of sexual harassment would provide common ground for all parties to agree on what constitutes sexual harassment.
Determine the facts
Since Ellis does not seem to believe that he is sexually harassing Ana, the first step in addressing the conflict is for Miranda to determine the facts of the situation. This meeting should take place promptly, as Smith has indicated (Bisk 2017). Miranda should meet separately with Ellis and Ana and record each person’s version of what took place. He should also ascertain if there are any witnesses to the exchanges that took place between Ana and Ellis. Witnesses can aid greatly in establishing an objective view of what happened (Heathfield 2016).
Once Miranda knows what happened, he and the company’s legal counsel should review the facts and decide whether Ellis’s conduct meets the definition of sexual harassment under the law, Title VII of the Civil Rights Act of 1964 (AAUW n.d.). Ellis’s actions do seem to meet the criteria for sexual harassment.
Establish rules of conduct
The next step is for Miranda, and perhaps the attorney, to meet with Ellis, explain why his behavior is unacceptable, and provide specific rules he must follow in the future. They should make it clear to Ellis that his former behavior is illegal, will not be tolerated, and is grounds for termination of employment if it takes place again. Immediately following that meeting, Miranda and the attorney should meet with Ana, explain that the company is concerned and intends to ensure her freedom from sexual harassment in the future. He should outline for Ana the rules that Ellis must follow henceforth and assure her that there will be no retaliation if the behavior recurs and she reports it once again.
Other conflict management strategies
In situations of employee conflict that do not involve illegal behavior, such as two employees arguing over a task, control of company resources, or a similar issue, it is permissible to meet with the parties together and broker a mutually agreeable solution (Bisk 2017). This often involves giving each party an opportunity to air grievances to an impartial HR specialist and work things out together. Because this particular case involved violations of the law and serious intimidation of one staff member by another, unintended or not, the better course of action is to meet with the parties separately.
Ethical considerations
As in any employment conflict, there are ethical issues to consider. First and foremost, each party much be treated fairly and company personnel must take care to be impartial when conducting an investigation. The right to privacy is another issue. Both Ana and Ellis should be able to move through the process without having details leaked throughout the company. One the issue is resolved, both employees should be treated without prejudice going forward.
Settlement possibilities
According to Mayhew (2017), few companies offer a settlement when a case is in an early stage, as Ana’s is. If Ellis continues to harass Ana following intercession by Miranda, then it is more likely for the company to settle with Ana, since cases that go to court almost always cost more than a simple pay-out by settlement. And, of course, if the harassment continues, the company would also terminate the employment of Ellis, in which case he would not qualify for a settlement because he committed an illegal act after he was fully informed of the consequences.
Mayhew also points out that in situations such as this early stage complaint by Ana, a company should create a sexual harassment policy if it does not already have one, and provide training to employees, as noted earlier in this essay.
References
AAUW.org (n.d.). Know your rights: Workplace sexual harassment. Retrieved from
http://www.aauw.org/what-we-do/legal-resources/know-your-rights-at-work/workplace- sexual-harassment/
Bisk (2017). 6 simple workplace conflict resolution techniques. University of Notre Dame Mendoza College of Business. Retrieved from http://www.notredameonline.com/ resources/negotiations/6-simple-workplace-conflict-resolution-techniques/ #.WIt2a9zw1r1
Heathfield, S.M. (2016) How employers should address an employee sexual harassment complaint. thebalance.com. Retrieved from https://www.thebalance.com/how-to-address- an-employee-sexual-harassment-complaint-1916862
Mayhew, R. (2017) Do companies try to settle harassment claims out of court? chron.com Retrieved from http://smallbusiness.chron.com/companies-try-settle-harassment-claims- out-court-68735.html
