Impact Of The #MeToo Movement On Employers
Time to re-examine your workplace policies and processes
Posted on 06-27-2019, Read Time: Min
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Sparked by the #MeToo movement, sexual harassment is now the focus of a national conversation as it has never been before. The movement has empowered women and men to speak out about their personal experiences with sexual harassment in the workplace. The Equal Employment Opportunity Commission, the agency charged with enforcing federal anti-discrimination laws, reports that in 2018 it received 7,609 sexual harassment charges – a 13.6% increase from 2017 – and won nearly $70 million for victims of sexual harassment.
There is no doubt that the #MeToo movement has seen positive impacts on work environments across the globe. It should also be a call to action for every employer to reexamine its workplace policies and processes.
Be Proactive
Employers should evaluate and consider ways to foster an inclusive workplace environment and reduce or eliminate incidences of sexual harassment in the workplace. Steps like those set forth below are proven to have an impact on employee satisfaction and retention – when correctly implemented and enforced. Specifically, employer response to the #MeToo movement should include the following, at a minimum.
- Provide additional harassment and unconscious bias training for executives, supervisors and employees, including bystander training. Effective training is essential. Employees need to understand what constitutes sexual harassment and what does not, with industry-specific examples using realistic scenarios. In training, address more subtle and complex examples of harassment and implicit bias. Employees need to know what to do if they experience harassment or see it occurring. Training should be conducted regularly, be companywide and include all levels of leadership. Managers need a clear roadmap as to how to respond to and investigate claims.
- Regularly review and update policies, handbooks and compliance programs. Employers should develop clear guidelines for what collegial and respectful behavior looks like; policies should include strong anti-harassment and anti-retaliation language. Also, make sure your procedures include a robust complaint process with a variety of reporting options. Ensure that your investigation procedure is thorough and timely.
- Revise any potentially biased hiring practices and take steps to ensure that gender or any other unconscious biases do not influence hiring.
- Proactively address complaints and potential misconduct. Create a detailed response plan and take prompt corrective action, as necessary. Treat all complaints equally; do not show leadership favored treatment.
- Audit salary data and pay practices to assess and ensure gender pay equity.
- Track claims filed, the number of incidents reported, results of investigations and other important metrics to assess the effectiveness of your sexual harassment policies and training. Evaluate historical claims to ensure appropriate recordkeeping in connection with potential future claims and consider process improvements.
- Demonstrate leadership engagement and buy-in of the policies, procedures and enforcement. Senior leadership is key to the establishment of a culture of equality in the workplace.
These may seem to be obvious responses every human resource adviser should be advocating; however, the #MeToo movement has uncovered some real abuses of power that should compel employers to refocus their efforts to combat sexual harassment in the workplace. In addition, these disclosures may be causing some unintended consequences in the workplace that employers should consider and address.
Consider Other Potential Impacts
A nationwide survey conducted by Vox Media in March 2018 revealed that a majority of women surveyed believe that, while it was a good thing to bring to light and punish the misconduct of a number of high-profile men, they still had concerns about women’s rights and opportunities in the workplace. There is growing evidence that the gap between men and women in the workplace could be expanding even more as a result of the #MeToo movement.
Surveys indicate that the increased focus on sexual harassment in the workplace has made it more difficult for men to know how to interact with women at work. Experts report an increasing reluctance from men in positions of authority to hire or work closely with women.
There is growing confusion about proper workplace etiquette. As a result, many men in today’s workplace may avoid interaction with women altogether because they fear either being accused of harassment or that their actions could be misinterpreted. A 2018 survey conducted by LeanIn.org and SurveyMonkey found that more than half of male managers surveyed were uncomfortable participating in common work activities with a woman, and senior-level men are 3 1/2 times more hesitant to have a work dinner with a junior-level woman – and five times more hesitant to travel with one for work – than with a junior-level man. Not surprisingly, these concerns have increased as a result of the #MeToo movement.
Senior-ranked men are especially uncomfortable socializing with female colleagues. In 2018, only a third of male managers (34%) said they were uncomfortable socializing with a woman outside of work, like in a restaurant or bar. In 2019, that number rose to nearly half of male managers (48%).
As a result, the #MeToo movement may be causing male managers to avoid mentor or sponsor relationships with female workers. This could have a variety of impacts on employers.
By avoiding contact with women, male managers may be engaging in discriminatory conduct. Title VII of the Civil Rights Act of 1964 prohibits sex discrimination. Avoiding mentorship opportunities, one-on-one meetings, business travel and after-work socializing could be viewed as biased and discriminatory behavior and could lead to legitimate claims by female employees that they were not given the same advancement opportunities as their male counterparts.
Equally important, researchers have found that mentors can help with everything from closing the gender gap to getting more women into leadership roles. The most effective mentors are people in positions of power or who have a wealth of professional experience. More often than not, those individuals are men. If men aren’t comfortable taking female protégés under their wing, mentoring will not achieve positive results for women in the workplace, including more equal representation in C-suite positions.
If men think that the way to address workplace sexual harassment is to avoid one-on-one time with female colleagues – including meetings, coffee breaks and all the interactions that help us work together effectively – it will be a huge setback for women.
Surveys indicate that the increased focus on sexual harassment in the workplace has made it more difficult for men to know how to interact with women at work. Experts report an increasing reluctance from men in positions of authority to hire or work closely with women.
There is growing confusion about proper workplace etiquette. As a result, many men in today’s workplace may avoid interaction with women altogether because they fear either being accused of harassment or that their actions could be misinterpreted. A 2018 survey conducted by LeanIn.org and SurveyMonkey found that more than half of male managers surveyed were uncomfortable participating in common work activities with a woman, and senior-level men are 3 1/2 times more hesitant to have a work dinner with a junior-level woman – and five times more hesitant to travel with one for work – than with a junior-level man. Not surprisingly, these concerns have increased as a result of the #MeToo movement.
Senior-ranked men are especially uncomfortable socializing with female colleagues. In 2018, only a third of male managers (34%) said they were uncomfortable socializing with a woman outside of work, like in a restaurant or bar. In 2019, that number rose to nearly half of male managers (48%).
As a result, the #MeToo movement may be causing male managers to avoid mentor or sponsor relationships with female workers. This could have a variety of impacts on employers.
By avoiding contact with women, male managers may be engaging in discriminatory conduct. Title VII of the Civil Rights Act of 1964 prohibits sex discrimination. Avoiding mentorship opportunities, one-on-one meetings, business travel and after-work socializing could be viewed as biased and discriminatory behavior and could lead to legitimate claims by female employees that they were not given the same advancement opportunities as their male counterparts.
Equally important, researchers have found that mentors can help with everything from closing the gender gap to getting more women into leadership roles. The most effective mentors are people in positions of power or who have a wealth of professional experience. More often than not, those individuals are men. If men aren’t comfortable taking female protégés under their wing, mentoring will not achieve positive results for women in the workplace, including more equal representation in C-suite positions.
If men think that the way to address workplace sexual harassment is to avoid one-on-one time with female colleagues – including meetings, coffee breaks and all the interactions that help us work together effectively – it will be a huge setback for women.
Creating Positive Change
So, what can employers do to address these unintended consequences and produce positive change?
Employers should initiate a meaningful and collaborative dialogue within the leadership and managerial teams, acknowledging these concerns and work to identify potential solutions.
In addition, employers should provide detailed and ongoing training to educate managers, including senior leadership, that is specifically designed to address these mentoring concerns. The harassment and unconscious bias training referenced above, if properly focused, should help managers better understand acceptable and unacceptable behavior and how implicit biases may be impacting them individually and the workplace as a whole, and provide opportunities for them to confront and overcome those biases.
Consider alternatives for formalizing mixed-mentorship programs to encourage relationship-building opportunities for male managers and junior female employees in safe, open environments. Employers should also encourage male managers and senior leadership to make a particular effort to mentor and sponsor junior female personnel.
Finally, provide a platform that encourages – rather than penalizes – identification of leaders/managers who tend to provide mentorship only to other men. Take action to educate and encourage broader mentoring by these individuals.
Employers should initiate a meaningful and collaborative dialogue within the leadership and managerial teams, acknowledging these concerns and work to identify potential solutions.
In addition, employers should provide detailed and ongoing training to educate managers, including senior leadership, that is specifically designed to address these mentoring concerns. The harassment and unconscious bias training referenced above, if properly focused, should help managers better understand acceptable and unacceptable behavior and how implicit biases may be impacting them individually and the workplace as a whole, and provide opportunities for them to confront and overcome those biases.
Consider alternatives for formalizing mixed-mentorship programs to encourage relationship-building opportunities for male managers and junior female employees in safe, open environments. Employers should also encourage male managers and senior leadership to make a particular effort to mentor and sponsor junior female personnel.
Finally, provide a platform that encourages – rather than penalizes – identification of leaders/managers who tend to provide mentorship only to other men. Take action to educate and encourage broader mentoring by these individuals.
Conclusion
The #MeToo movement has had a significant impact on the rise of sexual harassment claims in the workplace, but employers have many tools at their disposal to educate their employees and to prevent and reduce these claims. However, limiting interactions between male and female employees isn’t an acceptable workplace response. Instead, employers must take a fresh look at their policies, training and investigation procedures. They should also build education-focused plans on appropriate workplace behavior and address implicit bias, as that appears to be the most effective strategy to ensure a more gender-neutral culture.
Author Bio
Rebecca B. DeCook is a Partner at Denver-based Moye White. She is an experienced commercial litigator who counsels and represents clients on employment, communication, and energy-related matters. For more than 25 years she has represented business clients in arbitrations, mediations, state and federal court proceedings, and a variety of administrative proceedings before federal, state and local government agencies. Visit www.moyewhite.com Connect Rebecca B. DeCook Follow @MoyeWhite |
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