How to avoid Charges of Harassment

There is no place in a productive work force for the harassment of members of the targeted groups. You must guard against it yourself and observe the relationships between employees to ensure that it does not happen between your subordinates.

As a supervisor you must be particularly vigilant when it comes to the supervision of employees with performance problems and the supervision of employees of the opposite sex.

Performance Problems

Occasionally an employee under pressure from his or her supervisor to improve performance will accuse the supervisor of harassment. You have a right (and in fact an obligation) to require good performance from your employees. You can do this without harassing an employee. To avoid or be able to counter such complaints you must focus on the observable behaviour and the results not on any personal characteristics of the employee. You must let the employee know how they deviate from your expectations without attacking their self esteem. If you are not sure how to do this, consult your supervisor or your Human Resources Department.

Sexual Harassment

A sexual harassment accusation can be difficult to defend even if your behaviour was innocent and well intentioned. Sexual harassment includes any conduct, comment, gesture or contact of a sexual nature likely to cause offence or humiliation to any employee or employment candidate, or which might reasonably be perceived as placing a sexual condition on employment or on an opportunity for training or promotion. Be careful with jokes, verbal sparing and practical jokes. Make sure you understand the classic communication problems between men and women and don't mistake a friendly caring approach for an invitation for a more intimate relationship. Remember too that for someone from one background physical closeness or actual contact between those of the opposite sex is part of a normal professional relationship. Someone from another background may consider it unwelcome intimacy or an invitation to a more intimate relationship. Beware of these misunderstandings.

If you are considering or are in an emotional or physical relationship with anyone working for you, recognize the risks you will incur if problems develop in the relationship. Some of the largest court and Human Rights awards have involved relationships between supervisors and employees which went sour.

Harassment Between Your Employees

As well as watching for tell-tale signs of harassment between employees, be sensitive and read between the lines if an employee makes a comment or an informal complaint. If you can solve a problem before a formal complaint is made you can avoid the disruption of formal complaints which can lead to lawsuits or formal complaints to outside bodies such as the Human Rights Commission. Take the time to listen attentively and in private to all comments or complaints. Refer the employee to Human Resources or contact the Human Resources Department yourself for guidance in investigating the complaint.

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