Relearning relationships - diversion programs for sexual harassers in the workplace

HR Magazine, Sept, 1997 by Gloria G. Harris, David A. Tansey

Diversion programs providing individualized training and counseling can help show sexual harassers the error of their ways.

Ralph Santo is a playful guy who has been promoted several times in a family-owned business. By watching other managers he has learned to take advantage of some executive "perks" - such as brushing up against clerks, hugging employees for jobs well done, or standing close to subordinates. A new female employee was offended by his behavior and filed a complaint.

Jonathan Windsor, an executive in a San Diego company, likes to tell "off-color" stories on occasion. Ten years after retiring from the military, his language is still peppered with the vocabulary of the barracks. After one vociferous outburst on the factory floor, a female subordinate filed a sexual harassment complaint.

In both of those cases, employers had to make some important decisions. Among the most important was, "What type of corrective action is warranted and what should that action be?" That decision can be vital because a prompt investigation and resolution of harassment complaints may prevent costly lawsuits.

What type of corrective action is best? It depends on the behavior in question. When there is strong evidence of serious harassment, an employer may have no alternative but to terminate the offending employee. On the other hand, if guilt is uncertain, the conduct is less offensive, or the incident is an isolated one, an oral warning may be sufficient - provided it stops the harassment.

When the offending behavior falls somewhere between those extremes, employers and HR professionals can require the offending workers to participate in a comprehensive diversion program of counseling and training. That alternative usually stops harassment, while reducing the organization's liability.

THE DIVERSION APPROACH

Diversion programs arose in the criminal justice system in the early 1970s as an alternative to prosecution for cases that did not call for more stringent penalties. Drunk driving, substance abuse, shoplifting and domestic violence all have been successfully treated through diversion programs.

The program developed by San Diego Anti-Harassment Services (SDAS) for sexual harassment offenders consists of five hours of training and five hours of individual counseling. Most often, employers require attendance as a condition of continued employment and pay part or all of the fee. Occasionally, the accused harasser is required to pay part or all of the cost. Individuals who satisfactorily complete the program receive a letter for their employer indicating their level of sexual harassment awareness and a certificate of completion.

Since SDAS received its first referral in 1994, 18 men charged with harassment have completed the program. A follow-up telephone survey conducted about one year after each harasser's attendance found that only one participant repeated his offense. His HR manager attributed the man's behavior to cultural differences and a severe personality problem.

After completing the program, the other 17 program participants committed no harassing or retaliatory acts, and their employers were not sued. Employer comments ranged from "He is not a changed man, but he has changed his behavior for the better" to "Some of the best money we have ever spent."

PROGRAM ELEMENTS

A highly individualized training component focuses on modifying harassers' inappropriate behavior. What is - and is not - sexual harassment is clarified. Training tools explain the organization's sexual harassment policy landmark court cases and the impact of harassment on the recipient, the offender and the employer. Videos illustrate subtle forms of sexual harassment in the workplace and identify risky behaviors. An exercise specifically created for the diversion program, "Sexual Harassment: The Gray Areas" (The HR Handbook, Biech, E. and Jones, J.E., HRD Press, Amherst, Mass., 1996) enables participants to recognize when they are crossing the line between acceptable workplace behavior and illegal sexual misconduct.

In the program's counseling component, alleged harassers are helped to accept responsibility for their inappropriate behavior and to discover and modify beliefs that frequently drive such behavior. Participants are encouraged to understand that stress in their personal or work lives may have contributed to their conduct. Emotional issues such as anxiety, embarrassment or resentment about being disciplined are explored.

Because the average age of participants has averaged 47, the counseling includes a discussion of generational factors. Many harassers entered the workplace before the rules of male-female behavior changed. Consequently, their harassing behavior may have reflected obsolete values and beliefs about gender roles. Many participants were insensitive to the fact that women might perceive conduct differently than men. For example, during a business trip, one harasser asked a subordinate to discuss the day's work over dinner. She treated it as business, but he misinterpreted her agreement to dine with him as personal interest and later invited her to his hotel room.