Initially, most jobs were gender based and it was widely accepted that certain jobs were appropriate for the female gender while others were suitable for male individuals. Things, nonetheless, took a dramatic twist with complaints emerging that there is no equal representation of a certain genders in some employment positions. At the same time, women were accepted into positions that were previously reserved for the male gender only and at this point some rogue employers took it upon themselves to engage in behaviors deemed inappropriate for the work environment. This analysis will be based on the example where a manager tells a worker applying for a promotion that the job would be his if he just “treated her right.”
Identify the appropriate actions and responses that must be taken by the employer and management.
The idea of promoting someone based on attractiveness or on the basis that they offer sexual favors in return is uncalled for. This is a common scenario that has occurred in many workplaces. First and most importantly, an organization ought to have stringent regulations admonishing any form of sexual misconduct, where grave consequences are to be experienced by anyone found guilty of engaging or soliciting such practices at work irrespective of their position. This would mean that even the employer is not entitled to engage in any form of sexual harassment.
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There are many ways that the employer can deal with sexual harassment. For instance, they can ensure that everyone is made aware that it is not tolerated in the Company. Also, the management should also be on the lookout for any forms of sexual misconduct at work and ensure that they are stopped with immediate effect ( Moran, 2013 ). In addition to this, a warning letter can be sent to the harasser with a copy being retained for future reference where weightier action would be taken.
In most Companies, there are rules against sexual harassment, however, this does not cushion young individuals of either gender especially if they are just in process of starting their career ( Mollayeva et al., 2016 ). In the aforementioned instance where the employee is guaranteed a promotion for treating the manager right, there is no doubt that the young man finds himself in a dilemma. If he accepts to offer sexual favors to the manager in order for them to be promoted then he will have subjected himself to manipulation. This implies that the manager can ask for such a favor in future and expect it to be acknowledged.
Alternatively, if the employee chooses to reject the offer, they may end up being subject to harsh treatment by the manager. In this case, they should launch a complaint to the authorities irrespective of whether they will be listened to or not. If the latter happens, they can choose to take appropriate legal action. An example of such a scenario occurred whereby Kyle Hunter chose to sue CBS on grounds that they opted to look at attractiveness while overlooking professional experience in regards to the position of a weatherman ( Moran, 2013 ). As a result, he opted to sue the Company after unqualified applicants were employed due to their young age and sexual affiliation.
Define a valid employer plan to address an employee’s allegation of this type of sexual harassment.
The first course of action that ought to be taken in this scenario is to launch investigations. The employer ought to establish the validity of the employee`s claim before making a decision on the most appropriate action to be taken. While investigating the claim, the Company should also seek legal counsel since such a matter is capable of tarnishing the business` reputation ( Sarpotdar, 2016 ). For example, if the organization chooses to ignore the complaint, the employee may end up suing the Company, thereby attracting the attention of the media. A board meeting could also be called since members are capable of offering appropriate insight into the matter ( Sarpotdar, 2016 ). It would also be prudent for the employer to treat the complainant with the right level of respect by showing them that they are taking the matter seriously.
When the outcome of the investigation is out and the manager found to be guilty, she could be put on unpaid leave pending the outcome of the investigation ( Mollayeva et al., 2016 ). During the same period, in case the organization realizes that they lack an anti-harassment policy, they should decide to adopt one to avoid any future occurrences. Besides, the matter ought to be resolved through arbitration and in case it is decided that the harasser will come back to work, they could be demoted and also placed in a different department from that of the victim. Finally, the victim can then be guaranteed of getting an equal and fair opportunity of promotion based on their expertise and experience in addition to other factors as stipulated by the organization.
References
Mollayeva, T., Mollayeva, S., Lewko, J., & Colantonio, A. (2016). Sex differences in work-related traumatic brain injury due to assault. Work , 54 (2), 415-423.
Moran, J. J. (2013). Employment law: New challenges in the business environment . Sixth Edition: ISBN 13:978-0-13-307522-9. Upper Saddle River, N.J: Pearson/Prentice Hall.
Sarpotdar, A. (2016). Sexual Harassment Of Women At Workplace: Socio-Legal Study of the Organised Sector in Mumbai (Doctoral dissertation).
