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dignity: harassment and discrimination
:
A victim's guide for dealing with sexual
harassment
Introduction
1 This guide is based on the Gender and Diversity
Program’s recommendations to Centers for preventing and stopping
harassment and discrimination, particularly those issues associated with
sexual harassment. It is intended as a guide for sexual harassment victims.
You should read this guide in conjunction with the harassment guidelines
in place at your own Center.
2 These guidelines apply when you genuinely
believe that you have been harassed by:
- another staff member, or
- another person such as a client, collaborator or service provider while
- conducting business on behalf of your Center.
What is sexual harassment?
3 Sexual harassment is any unwelcome sexual
advance, request for sexual favor or other verbal, non-verbal or physical
conduct of a sexual nature which:
- unreasonably interferes with your work;
- is made a condition of your employment; or
- creates a work environment that you find intimidating, hostile or offensive.
Avenues of assistance
4 Your Center may have established avenues of assistance for staff at your
duty station who have experienced harassment. These may include:
- one or more Local Harassment Advisors;
- a “hotline” telephone access to Center HR;
- access to professional counseling.
You are encouraged to use these resources at any stage.
Understanding sexual harassment
Categories of sexual harassment
5 Sexual harassment generally falls into
two main categories.
- Quid pro quo – when
your submission to sexual advances or requests for sexual favors is
made a condition of your employment; or your submission to or rejection
of such conduct is explicitly or implicitly used as a basis for employment
decisions affecting you, such as reappointment, transfer, promotion,
merit increase, access to staff development, etc.
- Hostile work environment – where
sexual conduct interferes with your work or is so serious or pervasive
that it creates a work environment that you find intimidating, hostile
or offensive.
Types of sexual conduct
6 Conduct of a sexual nature may be:
- physical –
unwanted contact, ranging from touching, patting, pinching, kissing
or brushing against your body to assault or coerced sexual intercourse;
- verbal –
including unwelcome sexual advances, offensive flirtations, suggestive
remarks, innuendos or lewd comments; propositions or pressure for sexual
activity; continued suggestions for social activity outside the workplace
after you have made it clear that such activity is unwelcome; jokes
of a sexual nature;
- non-verbal –
display of pornographic or suggestive pictures, screen savers, objects
or written materials; leering or making sexually suggestive gestures;
it also includes all the “verbal” examples mentioned above
if delivered via e-mail or in writing rather than in person.
7 Although in many cases a man is the harasser and a woman the harassed, sexual harassment can also involve a woman harassing a man or individuals of the same sex.
Seriousness of sexual harassment
8 Some examples of sexual harassment may
be regarded as relatively minor, for example:
- an unwelcome offensive flirtation, suggestive remark, innuendo or lewd comment;
- a single case of displaying suggestive pictures, screen savers, objects or written materials; leering or making sexually suggestive gestures perhaps intended to be humorous.
Note: the above two examples are
considered “relatively
minor” where the perpetrator is a colleague, i.e. a person of comparable
rank to you. If the perpetrator is a line manager, then both examples
are regarded as “serious” offenses.
9 Examples of sexual harassment that are
regarded as serious offenses include:
- assault or coerced sexual intercourse;
- unwanted contact, including touching, patting, pinching, kissing, or brushing against another person’s body;
- unwelcome sexual advances, offensive flirtations, suggestive remarks, innuendos or lewd comments; propositions or pressure for sexual activity; continued suggestions for social activity outside the workplace after it has been made clear that such activity is unwelcome;
- a single case of displaying pornographic pictures/images, or two or more cases of displaying suggestive pictures, screen savers, objects or written materials; leering or making sexually suggestive gestures.
Impact rather than intention
10 In some cases, sexual harassment may arise
from misunderstanding. Misunderstandings often arise from differences
in perception. They also arise from stereotypes or false assumptions
related to factors such as race, ethnicity, gender, religion, age, disabilities
or sexual orientation.
11 Notwithstanding, whether misunderstanding
is a contributing factor or not, the key factor in dealing with sexual
harassment is its impact on the victim/s,
not the intention of the perpetrator. If
a behavior is reasonably perceived as offensive by you – whether
or not it was intended to be so by the person initiating the behavior –
then it should be stopped.
Dignity Alert
Never allow harassers to use the excuse that their
offensive behavior is a normal aspect of their culture. Any sexually-offensive
behavior is inappropriate to a global, multi-cultural organization.
When victims
don’t complain
12 Some victims of sexual
harassment may not want anyone to know about it or may hesitate to file
an official complaint. This is not an exceptional situation; indeed,
it is relatively common. Essentially victims do not complain because
they:
- blame themselves for the situation;
- are ashamed that the incident/s occurred;
- are unaware that they have the “right” to be treated with respect when working for the CGIAR; and/or
- fear that the risks of retribution may outweigh the benefits of filing an official complaint.
13 If you find yourself
influenced by one or more of the issues above, seek advice and guidance
from someone you trust. Your Center may provide access to professional
counseling services to assist victims of harassment. If so, find out
how to arrange a visit to the counselor. The following sections explain
your options for taking action in relation to the offender. Remember
your Center takes harassment cases very seriously and deals with them
swiftly and confidentially in order to assure that that you have a workplace
of dignity, free of harassment, where you are treated with dignity.
You also need to be conscious that, unless you take action, there is
a strong likelihood that the harassment will continue.
Dealing with sexual harassment
14 If you believe that someone has behaved
disrespectfully towards you, you should:
- not deny that something has happened – trust your instincts;
- not assume that the behavior will stop if you ignore it;
- not be afraid to speak up; if you would find it easier, you should put the complaint in writing;
- not try to deal with severe forms of offensive behavior alone – even at the first occurrence, you should ask for help and support (your Center may have designated staff at your duty station to provide this assistance; otherwise you should consider seeking help from your manager, a colleague, or the HR Manager as appropriate);
- document every incident in detail if the offensive behavior recurs;
- find witnesses and gather other evidence from current and former colleagues;
- file a formal complaint, if necessary.
15 Individual action by you may be the most effective way to stop inappropriate workplace behavior with a minimum of conflict:
- when your objective is simply to stop the behavior (i.e. not to pursue a formal complaint);
- when the offender is unaware that her/his behavior is offensive; and/or
- when the behavior is at a comparatively low level of severity.
16 However, if you are
not comfortable with individual action, you should not hesitate to report
the matter to your manager and/or your HR Manager.
Options for individual action
1: Speak up
17 In some circumstances, inappropriate behavior
will stop if you tell the offender to stop. You should describe the
behavior in a way that the offender can clearly understand, for example:
- “I don’t find jokes about sex funny. Please don’t tell jokes like that when I’m around.”
- “It makes me uncomfortable when you talk to me/touch me/look at me that way. Please don’t do it again.”
- “As I’ve indicated previously, I am not interested in going out with you. Please don’t ask me again.”
18 The HR Manager can advise
you on techniques for doing this.
A template for saying “no”
to unwanted behavior
When you
call me “dear”, touch me, joke about my appearance, etc.
(describe the behavior you don’t like)
I feel
embarrassed, angry, offended, uncomfortable, demeaned, etc.
(describe your feelings)
Because
I want to be taken seriously, be respected, be treated as a professional,
etc.
(say why the behavior bothers you)
Please
call me by my name, don’t tell offensive jokes, don’t touch
me, etc.
(request the behavior you want)
- from World Bank “Working with Respect in
the World Bank Group”
2: Write a letter
19 If you find it difficult to speak to the
offender directly, you may prefer to write a letter. Putting the complaint
in writing helps you clarify the facts and determine which options you
will pursue to deal with the situation. A letter given to the offender
provides:
- clear notice that you find a behavior offensive;
- an opportunity to stop the behavior without formal intervention; and
- a disincentive for the offender to retaliate.
20 The letter should succinctly describe:
- the person’s offensive behavior in a factual way;
- the impact of that behavior as it relates to your dignity, career or performance; and
- what you want the offender to do – or not do – in the future.
21 As with the option of
speaking directly to the harasser, the HR Manager can advise you on
techniques for writing a letter.
22 Once the letter is written, you should
weigh the pros and cons of all options, including whether or not to
send the letter to the offender. You may decide that sending the letter
is not the right option. You may want to place a sealed copy of the
letter on file with the HR Manager, along with a request that it remain
sealed until and unless you ask otherwise. Such an action can help build
a record if the inappropriate behavior does not stop and you subsequently
choose to lodge a formal complaint.
Discuss inappropriate behaviors with your manager
23 If you decide to consult your manager,
you should communicate clearly what you want to happen as an outcome
of the discussion. For example, you might want the manager to speak
to the offender directly, or to accompany you when you speak to the
offender. If you do not want the manager to intervene directly, you
could ask her/him to take more general actions in the work unit (e.g.
hold a staff meeting) to reinforce/establish a workplace of dignity.
Lodge a formal complaint of sexual harassment with senior management
24 You should first present your concern
to your supervisor and/or the HR Manager who can mediate the conflict
and/or provide you with advice and counsel.
25 Your complaint should be handled on a
strictly confidential basis, both by management and by you. Where your
complaint is about a relatively minor issue, you are
encouraged to use informal means to resolve problems, such as speaking
or writing directly to the offender. However, an informal approach is not
appropriate in serious cases of sexual harassment.
26 Formal complaints will be dealt with rapidly,
in the strictest of confidence. All complaints will be fully documented
and recorded, and the records will be the property of your Center. The
privacy of those involved will be respected. Where warranted, appropriate
disciplinary action will be taken against the offender.
Process for lodging formal complaint
27 You should present your complaint in writing
as soon as possible after the incident (or incidents) that led to the
complaint. You should not use e-mail or fax for presenting complaints.
28 Your written complaint should be addressed
to your immediate supervisor with copies to the HR Manager, the Director
of Corporate Services, and the Director General. Each copy of the complaint
should be enclosed in a sealed envelope and marked “Strictly Confidential”.
29 If the alleged offender is your immediate
supervisor, you should bypass her/him and present your written complaint
to your supervisor’s superior. Again, you should also send copies
to the HR Manager, Director of Corporate Services and Director General.
30 If the alleged offender is a Director
(or equivalent) or more senior staff member, your written complaint should
be copied to the Board Chair.
Content of the formal complaint
31 Your written complaint should:
a) identify the alleged offender
b) describe the specific offensive act or acts;
c) describe the time, circumstances, manner and location of the incident
(or incidents);
d) identify any witnesses or persons to whom the incident was mentioned;
and
e) provide any other information relevant to the case such as whether,
and under what circumstances, you made it clear to the alleged offender
that the offensive behavior was unwelcome; include reference to any other
action you took such as reporting the incident/s to your manager and/or
the HR Manager.
32 You must sign and date the complaint.
Investigation of the Complaint
33 The Center will promptly establish an
Investigating Panel to investigate the complaint. The Investigating Panel will conduct its investigation according to the Center’s
practices and requirements for such investigations. The Panel will then
advise the Director General of its conclusions about the complaint and
its recommendations for action.
34 Your HR Manager can advise you about the
details of your Center’s investigation process: how the Panel
is selected, the steps it goes through in investigating your complaint,
and how it reports to the Director General. As with all steps in the
formal complaint process, the Investigating Panel operates in strict
confidentiality.
The responsibilities of other parties in dealing
with sexual
harassment
35 Other people (such as your supervisor/s
and the HR manager have particular responsibilities when you mention
that you have been the victim of sexual harassment. Your Center may
have specified these responsibilities in your personnel policies manual
or other Center communications. If not, the responsibilities of these
other people generally
are as follows.
Line managers
36 Line managers and supervisors are responsible
for promoting and enforcing a workplace of dignity and must take every
action necessary to prevent and stop inappropriate behaviors. They are
obliged to make clear that such behaviors will not be tolerated and
to act promptly when incidents come to their attention.
37 If you discuss a situation where you are
being sexually harassed with your line manager (as distinct from lodging
a formal written complaint), she/he should use her/his judgment to help
find positive, non-confrontational ways to convey the message that the
behavior is undesirable. The offender might not realize that her/his
behavior is offensive and should be given the opportunity to correct
it.
38 Line managers are obliged to set the tone
for a workplace of inclusion and dignity. They should:
- set a good example by avoiding even the appearance of improper conduct and by treating all staff fairly, with dignity and respect;
- be aware of what is happening in the work unit – watch for hostility or inappropriate exchanges between staff or changes in behavior such as anxiety, depression, increased absence or reduced efficiency;
- learn how to deal with inappropriate workplace behaviors by becoming informed about avenues of assistance and complaint procedures, and by consulting with expert resources in conflict resolution and respectful workplace behaviors;
- let others know when their behavior is offensive and make sure that offensive pictures, posters, screen-savers, etc., are not displayed in the work area;
- act promptly, fairly and thoroughly when a problem situation arises, and
- ensure that there is no reprisal when incidents are reported.
39 If you decide to lodge a formal complaint of sexual harassment, your line manager’s responsibilities are altered. She/he should consider, in consultation with senior management, immediate steps that may be necessary pending the formal investigation of your complaint. These steps may include:
- officially warning your harasser that her/his actions have led to a formal complaint, and ordering her/him not to continue those actions;
- temporarily transferring you and/or your harasser to other activities or work locations;
Note: your line manager must not prejudge the outcome
of the investigation of your complaint, irrespective of the circumstances.
If you and your harasser are part of the same workgroup, with the same
line manager, your line manager is also obliged to provide information
and advice to your harasser about the investigation process.
HR Unit
40 One of HR’s key roles in sexual
harassment issues is providing support and guidance to people directly
involved. The HR Manager is usually the ultimate source of expert advice
and guidance in each Center on harassment and discrimination. She/he
needs to be knowledgeable on the Center’s policies and have an
understanding of harassment and discrimination beyond the policies themselves.
41 The HR Manager needs to be alert to the
emergence of potential harassment and discrimination issues and act
appropriately, either directly or through the appropriate line manager/s.
She/he also needs to be able to give impartial and expert advice to
people involved in harassment and discrimination cases, both victims
and offenders.
42 The HR Manager must be conscious that
victims of sexual harassment may be in need of support and reassurance
about the Center’s policy and procedures, and protection of confidentiality.
If you have experienced sexual harassment you may wish to ask your HR
Manager to provide you with a thorough briefing on your Center’s
policy and procedures for handling cases of harassment and what your
role will be in that process. What is involved? How will your confidentiality
be protected? How long will it take? What counseling services will
be made available to you, and when?
43 Another key role for HR is providing guidance
to committees investigating sexual harassment complaints. Where harassment
or discrimination culminates in a formal complaint, the HR Manager has
a key role in establishing and supporting the Investigating Panel. The
HR Manager typically is the common link across Panels, being the one
person in the Center who sits on all harassment and discrimination investigation
Panels.
44 Therefore the HR Manager not only needs
expert knowledge of the Center’s investigation process, but she/he
also needs to understand the basic requirements of conducting effective
investigations. The HR Manager needs both forms of knowledge in order
to provide support to Panel members and the chairperson.
45 The HR Manager normally would carry out
a follow-up inquiry with the complainant three months after the complaint
is decided upon, regardless of the outcome. The inquiry should ascertain
whether you have been subject to retaliation or threat of retaliation
by the offender, alleged offender or any other staff member in the workplace;
or by the offender’s friends, associates, family or ethnic community.
© CGIAR Gender & Diversity
Program 2006