Sexual Harassment… Legal Definitions of Sexual Harassment… Examples of Sexual Harassment › HRM Megaposts
Administration of Human Resources in Organizations
Administration of Human Resources:
- Sexual Harassment
- Legal Definitions of Sexual Harassment
- Examples of Sexual Harassment
- Types of Sexual Harassment
- Effects of sexual harassment and often accompanying retaliation
- Policies to Adopt to Prevent and Address Sexual Harassment
- Employer Responses to Sexual Harassment Complaints
- The Role of Managers in Harassment Prevention and Investigation
- How To Address an Employee Sexual Harassment Complaint
- Sexual Harassment, different countries
- Strategic human Resources Management
≪≪ ◄► ≫≫
[ 1 ]
Sexual Harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and annoyances to actual sexual abuse or sexual assault. Sexual harassment is a form of illegal employment discrimination in many countries, and is a form of abuse (sexual and psychological) and bullying. For many businesses, preventing sexual harassment, and defending employees from sexual harassment charges, have become key goals of legal decision-making. In contrast, many scholars complain that sexual harassment in education remains a "forgotten secret," with educators and administrators refusing to admit the problem exists in their schools, or accept their legal and ethical responsibilities to deal with it (Dziech, 1990).
Globalization and trade liberalization have resulted in the expansion of industrial sectors where women constitute the majority of the workforce. This new opportunity for employment, particularly in non-industrialized countries, has brought many economic and social gains to women, helping them to overcome society's taboos and restrictions on women's behavior. However, declining economic and social conditions worldwide have forced women to work in low-paid jobs with little security, benefits, or future. This type of industrial setting can often replicate the patriarchal control that women work to escape from, often being exposed to sexual harassment, poor conditions, and little health care or education opportunities.
In addition, women are expected to maintain their household and child-rearing duties.
Facts
According the Bureau of Labor Statistics, there are sixty-three million working women in America. Though women make up nearly half the workforce, those with families perform more than 90 percent of the household and childhood duties.
India: 17% of working women in India report having experienced sexual harassment at work places, according to an Oxfam opinion poll, 'sexual harassment at work places in India 2011-2012',
Most of these women reported to have faced incidents that were ""non-physical."" At least 66 of the 400 respondents reported having faced 121 incidents of sexual harassment. Nearly 102 out of 121 incidents were reported to be non-physical, whereas the remaining 19 incidents were physical in nature.
(In India 80% of working women emphasise need of separate law on sexual harassment at the workplace) The top three industries that have emerged unsafe for women are labourers (29%), domestic help (23%) and small scale manufacturing (16%).
Sexual harassment has developed into one of the most controversial, complex and perhaps widespread HR problems in the world. One of the first attempts to measure the extent of sexual harassment internationally was undertaken by
Redbook magazine in the USA. Of the 9000 women workers who responded to the survey, 80% reported that they had experienced some form of unwanted attention on the job."
A national study also undertaken in the USA of over 14 000 workers found that 42% of the women and 14% of the men had experienced some form of sexual harass¬ment in a three-years period. The study also found that only 5% of the men and women who had experienced harassment chose to report it. The primary reasons why the other 95% did not report their harassment include the following:
• Absence of any complaint mechanism at the workplace
• Fear of loss of reputation
• Not aware of redressal mechanism of sexual harassment at the workplace.
• The fear of losing one's job; if she's sole earning member of their family.
• The need for a future job reference;
• The possibility of being considered a troublemaker;
• The assumption that nothing would change if harassment was reported;
• Concern about being accused of inviting the harassment;
• A reluctance to draw public attention to private lives;
• The prospect of emotional stress for filing a lawsuit and undergoing long, costly legal procedures.
[ Index ▲ ]
[ 2 ]
Legal Definitions of Sexual Harassment
India
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013According to (Section 2 n)
"sexual harassment" includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely:—
i. physical contact and advances; or
ii. a demand or request for sexual favours; or
iii. making sexually coloured remarks; or
iv. showing pornography; or
v. any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
Sexual harassment is a legal term, created for the purpose of ending harassment and discrimination against women in the workplace. The term is constantly being redefined and extended in legislation and court decisions. However, not all sexual behavior in the workplace is harassment, and the laws against sexual harassment do not extend to situations outside the workplace or school.
The basic definition of sexual harassment comes from the United Stated Equal Employment Opportunity Commission (EEOC):
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.
This definition has been further elaborated:
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:• The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
• The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
• Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
• The harasser's conduct must be unwelcome.
Most states also have laws against sexual harassment that may differ slightly from the federal definition.
Facts
the first ever reported case of male sexual harassment was in the United States in 1995, when a female superior at Dominoes pinched the male manager's butt. The EEOC sued the outfit and the manager was paid $237,000 in damages.
There are two legally recognized types of sexual harassment:
1. quid pro quo sexual harassment2. hostile environment sexual harassment.
The victims of sexual harassment are more likely to bring charges and take legal actions against employers and harassing individuals than they were in the past. According to EEOC statistics, well over 90% of the sexual harassment charges filed have involved harassment of women by men. However, some sexual harassment cases have been filed by men against women managers and supervisors and for same-sex harassment.
Two types of sexual harassment are defined as follows.
• Quid pro quo harassment occurs when an employer or supervisor links specific employment outcomes to the individuals’ granting sexual favors.
• Hostile environment harassment occurs when the harassment has the effect of unreasonably interfering with work performance or psychological well-being or when intimidating or offensive working conditions are created.
Quid Pro Quo
Linking any condition of employment—including pay raises, promotions, assignments of work and work hours, performance appraisals, meetings, disciplinary actions, and many others—to the granting of sexual favors can be the basis for a charge of quid pro quo (meaning “something for something”) harassment. Certainly, harassment by supervisors and managers who expect sexual favors as a condition for a raise or promotion is inappropriate behavior in a work environment. This view has been supported in a wide variety of cases.Hostile Environment
The second type of sexual harassment involves the creation of a hostile work environment. In Harris v. Forklift Systems, Inc., the U.S. Supreme Court ruled that in determining if a hostile environment exists, the following factors should be considered.• Whether the conduct was physically threatening or humiliating, rather than just offensive
• Whether the conduct interfered unreasonably with an employee’s work performance
• Whether the conduct affected the employee’s psychological well-being
Numerous cases in which sexual harassment has been found illustrate that what is harmless joking or teasing in the eyes of one person may be offensive and hostile behavior in the eyes of another. Commenting on dress or appearance, telling jokes that are suggestive or sexual in nature, allowing centerfold posters to be on display, or making continual requests to get together after work can lead to the creation of a hostile work environment.
Sexual harassment occurs when one employee makes continued, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, to another employee, against his or her wishes.
According to a current issues update from the U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment occurs, "when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment."
Changing Legal Standards on Sexual Harassment
In 1998, the U.S. Supreme Court issued rulings in three different cases in which charges of sexual harassment were brought by different individuals working for different employers. Grouping these cases together, the U.S. Supreme Court issued decisions that significantly clarified both the legal aspects of when sexual harassment occurs and what actions employers should take to reduce their liabilities if sexual harassment claims are filed. A look at the implications of the three cases follows.
Definition Of Sexual Harassment
First, the three decisions make it clear that sexual harassment, whether quid pro quo or hostile environment, or whether with different or same-sex individuals, is illegal. The courts will look at the conduct and actions of both the employer’s representatives and the complainants.Tangible Employment Actions
As figure indicates, if the employee suffered any tangible employment action (such as being denied raises, being terminated, or being refused access to training) because of the sexual harassment, then the employers are liable. However, even if the employee suffered no tangible employment action, and the employer has not produced an affirmative defense, then employer liability still exists.Affirmative Defense And Reasonable Care
Only if the employer can produce evidence of an affirmative defense in which the employer took reasonable care to prohibit sexual harassment does the employer have the possibility of avoiding liability.[ Index ▲ ]
[ 3 ]
Examples of Sexual Harassment
Sexual harassment can occur in a variety of situations. These are examples of sexual harassment, not intended to be all inclusive.Sexual harassment includes many things...
• Actual or attempted rape or sexual assault.• Unwanted pressure for sexual favors.
• Unwanted deliberate touching, leaning over, cornering, or pinching.
• Unwanted sexual looks or gestures.
• Unwanted letters, telephone calls, or materials of a sexual nature.
• Unwanted pressure for dates.
• Unwanted sexual teasing, jokes, remarks, or questions.
• Referring to an adult as a girl, hunk, doll, babe, or honey.
• Whistling at someone.
• Cat calls.
• Sexual comments.
• Turning work discussions to sexual topics.
• Sexual innuendos or stories.
• Asking about sexual fantasies, preferences, or history.
• Personal questions about social or sexual life.
• Sexual comments about a person's clothing, anatomy, or looks.
• Kissing sounds, howling, and smacking lips.
• Telling lies or spreading rumors about a person's personal sex life.
• Neck massage.
• Touching an employee's clothing, hair, or body.
• Giving personal gifts.
• Hanging around a person.
• Hugging, kissing, patting, or stroking.
• Touching or rubbing oneself sexually around another person.
• Standing close or brushing up against a person.
• Looking a person up and down (elevator eyes).
• Staring at someone.
• Sexually suggestive signals.
• Facial expressions, winking, throwing kisses, or licking lips.
• Making sexual gestures with hands or through body movements.
Examples
VERBAL• Referring to an adult as a girl, hunk, doll, babe, or honey
• Whistling at someone, cat calls
• Making sexual comments about a person's body
• Making sexual comments or innuendos
• Turning work discussions to sexual topics
• Telling sexual jokes or stories
• Asking about sexual fantasies, preferences, or history
• Asking personal questions about social or sexual life
• Making kissing sounds, howling, and smacking lips
• Making sexual comments about a person's clothing, anatomy, or looks
• Repeatedly asking out a person who is not interested
• Telling lies or spreading rumors about a person's personal sex life
NON-VERBAL
• Looking a person up and down (Elevator eyes)
• Staring at someone
• Blocking a person's path
• Following the person
• Giving personal gifts
• Displaying sexually suggestive visuals
• Making sexual gestures with hands or through body movements
• Making facial expressions such as winking, throwing kisses, or licking lips
PHYSICAL
• Giving a massage around the neck or shoulders
• Touching the person's clothing, hair, or body
• Hugging, kissing, patting, or stroking
• Touching or rubbing oneself sexually around another person
• Standing close or brushing up against another person
When an employee complains to a supervisor, another employee, or the Human Resources office, about sexual harassment, an immediate investigation of the charge should occur. Supervisors should immediately involve Human Resources staff. Employees need to understand that they have an obligation to report sexual harassment concerns to their supervisor or the Human Resources office.
[ Index ▲ ]
[ 4 ]
Types of Sexual Harassment
1. Power-player - Legally termed "quid pro quo" harassment, these harassers insist on sexual favors in exchange for benefits they can dispense because of their positions in hierarchies: getting or keeping a job, favorable grades, recommendations, credentials, projects, promotion, orders, and other types of opportunities.2. Mother/Father Figure (a.k.a. The Counselor-Helper) - These harassers will try to create mentor-like relationships with their targets, all the while masking their sexual intentions with pretenses towards personal, professional, or academic attention.
3. One-of-the-Gang - Harassment occurs when groups of men or women embarrass others with lewd comments, physical evaluations, or other unwanted sexual attention. Harassers may act individually in order to belong or impress the others, or groups may gang up on a particular target.
4. Serial Harasser - Harassers of this type carefully build up an image so that people would find it hard to believe they would do anyone any harm. They plan their approaches carefully, and strike in private so that it is their word against that of their victims.
5. Groper - Whenever the opportunity presents itself, these harassers' eyes and hands begin to wander, engaging in unwanted physical contact that may start innocuous but lead to worse.
6. Opportunist - Opportunist use physical settings and circumstances, or infrequently occurring opportunities, to mask premeditated or intentional sexual behavior towards targets. This will often involve changing the environment in order to minimize inhibitory effects of the workplace or school or taking advantage of physical tasks to 'accidentally' grope a target.
7. Bully - In this case, a harasser uses physical threats to frighten and separate two would be lovers who willfully are engaging with each other. The intent of the harasser can be due to a range of reasons such as jealousy, racism, or their own hidden sexual agendas. Normally the harasser attempts to physically separate the two using their size or threats of physical violence and remains until they are satisfied by the separation or can pursue their own sexual agenda against one of the victims.
8. Confidante - Harassers of this type approach subordinates, or students, as equals or friends, sharing about their own life experiences and difficulties, sharing stories to win admiration and sympathy, and inviting subordinates to share theirs so as to make them feel valued and trusted. Soon these relationships move into an intimate domain.
9. Situational Harasser - Harassing behavior begins when the perpetrator endures a traumatic event (psychological), or begins to experience very stressful life situations, such as psychological or medical problems, marital problems, or divorce. The harassment will usually stop if the situation changes or the pressures are removed.
10. Pest - This is the stereotypical "won't take 'no' for an answer" harasser who persists in hounding a target for attention and dates even after persistent rejections. This behavior is usually misguided, with no malicious intent.
11. Great Gallant - This mostly verbal harassment involves excessive compliments and personal comments that focus on appearance and gender, and are out of place or embarrassing to the recipient. Such comments are sometimes accompanied by leering looks.
12. Intellectual Seducer - Most often found in educational settings, these harassers will try to use their knowledge and skills as an avenue to gain access to students, or information about students, for sexual purposes. They may require students participate in exercises or "studies" that reveal information about their sexual experiences, preferences, and habits.
13. Incompetent - These are socially inept individuals who desire the attentions of their targets, who do not reciprocate these feelings. They may display a sense of entitlement, believing their targets should feel flattered by their attentions. When rejected, this type of harasser may use bullying methods as a form of revenge.
14. Stalking - Persistent watching, following, contacting or observing of an individual, sometimes motivated by what the stalker believes to be love, or by sexual obsession, or by anger and hostility.
15. Unintentional - Acts or comments of a sexual nature, not intended to harass, can constitute sexual harassment if another person feels uncomfortable with such subjects.
[ Index ▲ ]
[ 5 ]
Effects of sexual harassment and often accompanying retaliation
Effects of sexual harassment can vary depending on the individual, and the severity and duration of the harassment. Often, sexual harassment incidents fall into the category of the "merely annoying." However, many situations can, and do, have life-altering effects particularly when they involve severe/chronic abuses, and/or retaliation against a victim who does not submit to the harassment, or who complains about it openly. Indeed, psychologists and social workers report that severe/chronic sexual harassment can have the same psychological effects as rape or sexual assault. (Koss, 1987) For example, in 1995, Judith Coflin committed suicide after chronic sexual harassment by her bosses and coworkers. (Her family was later awarded 6 million dollars in punitive and compensatory damages.) Backlash and victim-blaming can further aggravate the effects. Moreover, every year, sexual harassment costs hundreds of millions of dollars in lost educational and professional opportunities, mostly for girls and women. (Boland, 2002)Common effects on the victims
• Common professional, academic, financial, and social effects of sexual harassment:• Decreased work or school performance; increased absenteeism
• Loss of job or career, loss of income
• Having to drop courses, change academic plans, or leave school (loss of tuition)
• Having one's personal life offered up for public scrutiny—the victim becomes the "accused," and his or her dress, lifestyle, and private life will often come under attack.
• Being objectified and humiliated by scrutiny and gossip
• Becoming publicly sexualized (i.e. groups of people "evaluate" the victim to establish if he or she is "worth" the sexual attention or the risk to the harasser's career)
• Defamation of character and reputation
• Loss of trust in environments similar to where the harassment occurred
• Loss of trust in the types of people that occupy similar positions as the harasser or his or her colleagues
• Extreme stress upon relationships with significant others, sometimes resulting in divorce; extreme stress on peer relationships, or relationships with colleagues
• Weakening of support network, or being ostracized from professional or academic circles (friends, colleagues, or family may distance themselves from the victim, or shun him or her altogether)
• Having to relocate to another city, another job, or another school
• Loss of references/recommendations
Some of the psychological and health effects that can occur in someone who has been sexually harassed: depression, anxiety and/or panic attacks, sleeplessness and/or nightmares, shame and guilt, difficulty concentrating, headaches, fatigue or loss of motivation, stomach problems, eating disorders (weight loss or gain), alcoholism, feeling betrayed and/or violated, feeling angry or violent towards the perpetrator, feeling powerless or out of control, increased blood pressure, loss of confidence and self esteem, withdrawal and isolation, overall loss of trust in people, traumatic stress, post-traumatic stress disorder (PTSD), complex post-traumatic stress disorder, suicidal thoughts or attempts, suicide.
Effects of sexual harassment on organizations
• Decreased productivity and increased team conflict• Decrease in success at meeting financial goals (because of team conflict)
• Decreased job satisfaction
• Loss of staff and expertise from resignations to avoid harassment or resignations/firings of alleged harassers; loss of students who leave school to avoid harassment
• Decreased productivity and/or increased absenteeism by staff or students experiencing harassment
• Increased health care costs and sick pay costs because of the health consequences of harassment
• The knowledge that harassment is permitted can undermine ethical standards and discipline in the organization in general, as staff and/or students lose respect for, and trust in, their seniors who indulge in, or turn a blind eye to, sexual harassment
• If the problem is ignored, a company's or school's image can suffer
• Legal costs if the problem is ignored and complainants take the issue to court.(Boland 1990)
[ Index ▲ ]
[ 6 ]
Policies to Adopt to Prevent and Address Sexual Harassment
Management should ensure that the Department's "zero tolerance" policy has been distributed and is understood by all employees. Supervisors should also make it clear that they will not tolerate any sexually harassing behavior among their employees.All employees must attend mandatory sexual harassment prevention training. Make sure you attend a training session and understand the definitions, procedures, and consequences of sexual harassment.
Employees must make an effort to keep the workplace professional and avoid situations or topics of discussion of a sexual nature. What you might find humorous others might, find offensive or disturbing.
You are better off being overly cautious about comments made in the workplace, rather than taking chances. When in doubt, do not make the comment, joke, etc. It is up to every employee in the workplace to set boundaries of appropriate and inappropriate behavior. If you fear that your own behavior has been misunderstood, take the time to explain and apologize to your coworker.
If you feel that you are the victim of sexual harassment, take action immediately. If management is made aware of harassing conduct promptly, action can be quickly taken to prevent a recurrence of such conduct. If an offender is counseled or disciplined for sexually harassing behavior, the behavior should cease and others will be discouraged from similar actions.
If you are a supervisor or manager, and an employee informs you of objectionable behavior in the workplace, you must take immediate action.
You should talk to the individuals and find out all you can about the allegations.
You should immediately take appropriate corrective action, which may include counseling or disciplinary action.
You cannot ignore the situation or cover-up the allegations. If you do, the agency may be liable for damages and you may ultimately be subject to disciplinary action. Contact your EEO or Human Resources Office if you need additional assistance or guidance in handling a sexual harassment situation.
[ Index ▲ ]
[ 7 ]
Employer Responses to Sexual Harassment Complaints
Employer Responses to Sexual Harassment Complaints
Employers generally are held responsible for sexual harassment unless they take appropriate action in response to complaints. Also, employers are held responsible if they knew (or should have known) of the conduct and failed to stop it.SEXUAL HARASSMENT POLICY AND COMPLAINT PROCESS
The U.S. Supreme Court decisions make it clear that every employer should have a policy on sexual harassment that addresses such issues as the following:
• Instructions on how to report complaints, including how to bypass a supervisor if he or she is involved in the harassment
• Assurances of confidentiality and protection against retaliation by those against whom the complaint is filed
• A guarantee of prompt investigation
• A statement that disciplinary action will be taken against sexual harassers, up to and including termination of employment
It is important that all employers, even small ones, have specific sexual harassment complaint procedures and policies that allow a complainant to bypass a supervisor if the harasser is the supervisor.8 If such a complaint process exists and it is not used by the complainant, the employer has a better standing in refuting sexual harassment claims.
The HR Perspective discusses a research study on using complaint processes to confront sexual harassment.
COMMUNICATION OF SEXUAL HARASSMENT POLICY
All employees, especially supervisors and managers, should be informed that sexual harassment will not be tolerated in an organization. To create such an awareness, communications to all employees should highlight the employer’s policy on sexual harassment and the importance of creating and maintaining a work environment free of sexual harassment. The communications should be ongoing to reinforce to all employees that sexual harassment will not be tolerated and will be dealt with severely.
TRAINING OF MANAGERS, SUPERVISORS, AND EMPLOYEES
Training of all employees, especially supervisors and managers, is recommended. The training should identify what constitutes sexual harassment and alert employees to the types of behaviors that create problems. Analyses of the Supreme Court decisions by legal experts consistently stress that all employers should hold sexual harassment training regularly.10 For smaller employers without formal training programs, this training can be developed by training and human resource consultants, legal counsel, local college human resource professors, or others. But regardless of organizational size, specific training on sexual harassment should be done regularly in all companies.
INVESTIGATION AND ACTION
Once management has knowledge of sexual harassment, the investigation process should begin. Often, to provide objectivity, an HR staff member, a key senior manager, and/or outside legal counsel will lead the investigation. The procedures to be followed should be identified at the time the sexual harassment policy is developed, and all steps taken during the investigation should be documented. It is crucial to ensure that the complainant is not subjected to any further harassment or to retaliation for filing the complaint. Prompt action by the employer to investigate sexual harassment complaints and then to punish the identified harassers aid an employer’s defense. In summary, if harassment situations are taken seriously by employers, the ultimate outcomes are more likely to be favorable for them.
[ Index ▲ ]
[ 8 ]
The Role of Managers in Harassment Prevention and Investigation
Managers and supervisors are the front line when it comes to managing employee performance and needs from work. First, and most importantly, you do not want a workplace culture that allows any form of harassment to occur. Out of your commitment to your employees and your company, harassment, in any form, is never to be tolerated.In harassment, as well as in other law suit-engaging topics, as an employer, demonstrating that you took appropriate steps is crucial. In fact, demonstrating that you took immediate action and that the consequences for the perpetrator were severe, is also critical. And, the front line leader is usually the person initiating and following through on those steps, so they have to feel confident about what they are doing. Any form of harassment can create a hostile work environment including sexual harassment and how it is addressed. The court's definition of what constitutes a hostile work environment has recently expanded to coworkers who are caught up in the situation, too.
As you think about sexual harassment and other forms of harassment in your work place, keep these facts in mind.
1. The employee harassing another employee can be an individual of the same sex. Sexual harassment does not imply that the perpetrator is of the opposite sex.
2. The harasser can be the employee's supervisor, manager, customer, coworker, supplier, peer, or vendor. Any individual who is connected to the employee's work environment, can be accused of sexual harassment.
3. The victim of sexual harassment is not just the employee who is the target of the harassment. Other employees who observe or learn about the sexual harassment can also be the victims and institute charges. Anyone who is affected by the conduct can potentially complain of sexual harassment. As an example, if a supervisor is engaged in a sexual relationship with a reporting staff member, other staff can claim harassment if they believe the supervisor treated his or her lover differently than they were treated.
4. In the organization's sexual harassment policy, advise the potential victims that, if they experience harassment, they should tell the perpetrator to stop, that the advances or other unwanted behaviors are unwelcome.
5. Sexual harassment can occur even when the complainant cannot demonstrate any adverse affect on his or her employment including transfers, discharge, salary decreases, and so on.
6. When an individual experiences sexual harassment, they should use the complaint system and recommended procedures as spelled out in the sexual harassment policy of their employer. The investigation should be conducted as spelled out in the handbook.
7. The employer has the responsibility to take each complaint of sexual harassment seriously and investigate. The investigation should follow these steps listed in How to Address Sexual Harassment Charges.
8. Following the investigation of the harassment complaint, no retaliation is permitted, regardless of the outcome of the investigation. The employer must, in no way, treat the employee who filed the complaint differently than other employees are treated nor change his or her prior-to-the-complaint treatment. If it is determined that the employee lied, disciplinary action is necessary, however.
[ Index ▲ ]
[ 9 ]
How To Address an Employee Sexual Harassment Complaint
When an employee complains that he or she is experiencing sexual harassment of any type, the employer has a legal, ethical, and employee relations obligation to thoroughly investigate the charges. Find out how!Difficulty: Hard
Time Required: As Much As Necessary
Here's How:
1. Before a complaint is filed, make sure you have posted and informed all employees of your organization’s policy relative to sexual harassment. It won’t be tolerated; it will be investigated.
2. Assign a staff member to “own” the complaint. This individual should be knowledgeable about the organization, the people in the organization, and the history of the organization.
3. Map out a plan that covers the important people and situations to investigate in the initial complaint. Basically, plan the investigation, based on current knowledge.
4. Talk with the employee who is complaining. Guarantee to the employee that he or she is safe from retaliation and took appropriate action in reporting the incident or general situation.
5. Inform the employee that you need to know immediately about any retaliation, purported retaliation, or ongoing harassment the employee experiences.
6. Ask the employee to tell you the whole story in his or her own words. Listen; take notes. Write down relevant facts such as dates, times, situations, witnesses, and anything else that seems relevant.
7. Tell the person accused that a complaint has been filed, and that no acts of retaliation or unethical actions will be tolerated. Ask the person to be patient while you conduct a thorough investigation.
8. Assure the person accused that a fair and just investigation will be conducted on their behalf as well as that of the accuser.
9. Interview any potential witnesses in the same manner. Interview any potential witnesses in the same manner. Ask open-ended questions and seek facts that support or disprove the employee’s allegations.
10. Interview the person who is accused of sexual harassment. Apply the same listening and respectful approach you accorded the person who filed the complaint and the other witnesses.
11. Take all the information you received and attempt to reach a decision. Make the best decision that you can with the information you have. Consult with other HR colleagues to do the right thing.
12. Make decisions about whether sexual harassment occurred. Provide the appropriate discipline to the appropriate people, based on your findings. Make work or assignment setting adjustments if necessary.
13. Recognize that you are not perfect, no situation can be perfectly investigated. Even when harassment may have occurred, there may be no facts or witnesses that corroborate a complainant’s statement.
14. Assure that no further incidents occur by following up, and documenting your follow-up. with the employee who made the original harassment claim. Keep documentation separate from the personnel file.
15. Afford the employee, who may have been wrongly accused, the same courtesy of follow-up and documentation. Adjust working situations fairly where necessary for the comfort and productivity of all.
India:
(April 2013) New amendments were carried out in Indian Penal Code for acts relating to sexual harassments against women. Section 354A, 354B,354C, 354D was newly inserted in Indian penal code, especially for the acts which shall be treated as sexual harassments.According to the section 354A, the following activities by a man shall be treated as sexual harassment against women.
• Physical contact and advances involving unwelcome and explicit sexual overtures; or
• demand request for sexual favours; or
• showing pornography again as the will of a woman; or
• making sexually coloured remarks,
will be treated as an offence of sexual harassment on women.
Punishment
For the above said offences the punishment shall be for a period of one to three years of imprisonment or with fine, or both
According to section 354B, any man who assaults or uses criminal force to any women or abets such act with the intention of disrobing (taking off one’s clothes) are compelling her to be naked. For this offence, the punishment shall not be less than three years, but may extended to 7 years, and also shall be liable to fine.
According to section 354C, any man who watches captures images of women engaging in a private act in circumstances where she would usually have the exception are not being observed either by the perpetrator or by any other person. For this offence, the punishment shall not be less than three years, but may extended to 7 years, and also shall be liable to fine.
According to section 354D, the following shall be treated as an offence by a man.
• Following a woman and contacts, or attempts to contact such women repeatedly despite a clear indication of disinterest by such women.
Complaint procedure:
Police are empowered to act, or take action against aforesaid offences of sexual harassments on women. Any women facing aforesaid sexual harassments can make a complaint to the police for taking necessary action against the person who commits such activities.
United States
The U.S. Equal Employment Opportunity Commission (EEOC) is an independent federal law enforcement agency that enforces laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, perceived intelligence, disability and retaliation for reporting and/or opposing a discriminatory practice. It is empowered to file discrimination suits against employers on behalf of alleged victims and to adjudicate claims of discrimination brought against federal agencies.Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered.
The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.
Location
We carry out our work through our headquarters offices in Washington, D.C. and through 53 field offices serving every part of the nation.
How Do I File a Formal Complaint?
The filing of an EEO complaint follows a number of standard procedures:
You must contact an EEO counselor within 45 days of the last harassing incident. The names and telephone numbers of EEO counselors for your bureau should be posted in the building where you work.
The EEO counselor will listen to your allegations and talk to the other involved parties in order to attempt to reach informal resolution of the problem.
The EEO counselor will also offer you the opportunity to raise your allegations to the bureau head and the Office of the Inspector General.
If the matter is not resolved within 30 days, and the counseling period has not been voluntarily extended, the counselor will inform you of your right to file a formal complaint.
The formal complaint must be filed within 15 days of receipt of written notice of your right to file a formal complaint. Once a formal complaint has been filed, a trained investigator will conduct an investigation into the complaint.
When you receive the investigative file, you will be given the option of either a hearing before an Equal Employment Opportunity Commission Administrative Judge or a final agency decision based on the existing record.
If you elect a hearing, one will be conducted by an EEOC Administrative Judge and a recommended decision will be issued. The Department may accept, reject, or modify the findings of the Administrative Judge.
When you receive the Department's final decision, you have the right to appeal to the EEOC Office of Federal Operations within 30 days or to file suit in Federal court within 90 days of the decision. Remember, it is illegal for the agency to take any retaliatory action against you for filing a complaint of sexual harassment.
Tips:
1. Legally, the employer will want to avoid any possibility or appearance that the employee’s complaint was disregarded. Respond immediately.
2. Ethically, the employer will not want to allow such behavior to exist in their workplace.
3. The trust, morale, and fair treatment of employees is at stake. An employer’s actions send powerful signals about what another employee can expect in similar circumstances.
4. You may want to consider reposting and reiterating your sexual harassment policies across your whole work place. Let the circumstances guide your judgment.
5. In all cases, make sure you make and keep complete and accurate documentation. Employees who are unhappy with the results of your investigation may take additional legal action.
[ Index ▲ ]
[ 10 ]
Sexual Harassment, different countries
FactsDuring 2009, 16% of all sexual harassment cases were filed by men in the United States ( and more than 2200 men filed complaints in 2008). According to a 2006 government study in the United Kingdom, 2/5 sexual harassment the teams in the UK where male, with 8% of all sexual harassment complaints to the equal opportunities commission ( Britain's EEOC), coming from men.
The United Nations General Recommendation 19 to the Convention on the Elimination of all Forms of Discrimination Against Women defines sexual harassment of women to include:
"such unwelcome sexually determined behavior as physical contact and advances, sexually colored remarks, showing pornography and sexual demands, whether by words or actions. Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable ground to believe that her objection would disadvantage her in connection with her employment, including recruitment or promotion, or when it creates a hostile working environment."
While such conduct can be harassment of women by men, many laws around the world which prohibit sexual harassment recognize that both men and women may be harassers or victims of sexual harassment. However, most claims of sexual harassment are made by women.
There are many similarities, and also important differences in laws and definitions used around the world. After covering one country in some detail (the United States), approaches in other countries are covered alphabetically.
Australia
The Sex Discrimination Act 1984 defines sexual harassment as "... unwanted conduct of a sexual nature, in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the person harassed would be offended, humiliated or intimidated."
Czech Republic
Undesirable behavior of a sexual nature at the workplace if such conduct is unwelcome, unsuitable or insulting, or if it can be justifiably perceived by the party concerned as a condition for decisions affecting the exercise of rights and obligations ensuring from labor relations.
Denmark
Sexual harassment is defined as, when any verbal, non-verbal or physical action is used to change a victim's sexual status against the will of the victim and resulting in the victim feeling inferior or hurting the victim's dignity. Man and woman are looked upon as equal, and any action trying to change the balance in status with the differences in sex as a tool, is also sexual harassment. In the workplace, jokes, remarks, etc., are only deemed discriminatory if the employer has stated so in their written policy. Women are viewed as being responsible for confronting harassment themselves, such as by slapping the harasser in the face. Law number 1385 of December 21, 2005 regulates this area.
France
Article 222-33 of the French Criminal Code describes sexual harassment as, "The fact of harassing anyone using orders, threats or constraint, in order to obtain favors of a sexual nature, by a person abusing the authority that functions confer on him..." This means the harasser can only be someone with authority on the harassed (basically, there can't be sexual harassment between coworkers of the same rank). However, moral harassment occurs when an employee is subjected to repeated acts (one is not enough) the aim or effect of which may result in a degradation (deterioration) of his conditions of employment that might undermine his rights and his dignity, affect his physical or mental health or jeopardize his professional future. Sexual as well as the moral harassment is recognized by the law.
India
Sexual harassment in India is termed "Eve teasing" and is described as: unwelcome sexual gesture or behaviour whether directly or indirectly as sexually coloured remarks; physical contact and advances; showing pornography; a demand or request for sexual favours; any other unwelcome physical, verbal/non-verbal conduct being sexual in nature. The critical factor is the unwelcomeness of the behaviour, thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator. According to India's constitution, sexual harassment infringes the fundamental right of a woman to gender equality under Article 14 of the Constitution of India and her right to life and live with dignity under Article 21 of the Constitution. Although there is no specific law against sexual harassment at workplace in India but many provisions in other legislations protect against sexual harassment at workplace, such as Section 354, IPC deals with “assault or criminal force to a woman with the intent to outrage her modesty, and Section 509, IPC deals with “word, gesture or act intended to insult the modesty of a woman.
(April 2013) New amendments were carried out in Indian Penal Code for acts relating to sexual harassments against women. Section 354A, 354B,354C, 354D was newly inserted in Indian penal code, especially for the acts which shall be treated as sexual harassments.
According to the section 354A, the following activities by a man shall be treated as sexual harassment against women.
• Physical contact and advances involving unwelcome and explicit sexual overtures; or
• demand request for sexual favours; or
• showing pornography again as the will of a woman; or
• making sexually coloured remarks,
will be treated as an offence of sexual harassment on women.
Punishment
For the above said offences the punishment shall be for a period of one to three years of imprisonment or with fine, or both
According to section 354B, any man who assaults or uses criminal force to any women or abets such act with the intention of disrobing (taking off one’s clothes) are compelling her to be naked. For this offence, the punishment shall not be less than three years, but may extended to 7 years, and also shall be liable to fine.
According to section 354C, any man who watches captures images of women engaging in a private act in circumstances where she would usually have the exception are not being observed either by the perpetrator or by any other person. For this offence, the punishment shall not be less than three years, but may extended to 7 years, and also shall be liable to fine.
According to section 354D, the following shall be treated as an offence by a man.
• Following a woman and contacts, or attempts to contact such women repeatedly despite a clear indication of disinterest by such women.
Complaint procedure:
Police are empowered to act, or take action against aforesaid offences of sexual harassments on women. Any women facing aforesaid sexual harassments can make a complaint to the police for taking necessary action against the person who commits such activities.
THE SEXUAL HARASSMENT OF WOMEN AT WORK PLACE (PREVENTION, PROHIBITION AND REDRESSAL) BILL, 2006
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India that is for protecting women from sexual harassment at their workplace. It was passed by the Lok Sabha (the lower house of the Indian Parliament) on 3rd of September 2012. It was passed by the Rajya Sabha (the upper house of the Indian Parliament) on 26th of February 2013. The Bill got the approval of the President of India on 23 April 2013. This Act came into force from 9th of December 2013.
Preamble
A Bill conferring upon Women the Right to Protection against Sexual Harassment and to protect the Right to Livelihood and towards that end for the prevention and redressal of Sexual Harassment of Women.
Whereas Sexual Harassment infringes the Fundamental Right of a woman to gender equality under Article 14 of the Constitution of India and her Right to life and live with dignity under Article 21 of the Constitution which includes a Right to a safe environment free from Sexual Harassment.
And Whereas the Right to protection from Sexual Harassment and the Right to work with dignity are recognized as universal human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), which has been ratified by the Government of India.
And Whereas the Supreme Court in Vishakha vs. State of Rajasthan (1997(7) SCC.323) has formulated guidelines to address Sexual Harassment until a suitable legislation is enacted in this respect. (The Act uses a definition of sexual harassment which was laid down by the Supreme Court of India in Vishaka v. State of Rajasthan (1997). Article 19 (1) g of the Indian Constitution affirms the right of all citizens to be employed in any profession of their choosing or to practice their own trade or business. Vishaka v. State of Rajasthan established that actions resulting in a violation of one's rights to ‘Gender Equality’ and ‘Life and Liberty’ are in fact a violation of the victim’s fundamental right under Article 19 (1) g. The case ruling establishes that sexual harassment violates a woman's rights in the workplace and is thus not just a matter of personal injury.)
Under the Act, which also covers students in schools and colleges as well as patients in hospitals, employers and local authorities will have to set up grievance committees to investigate all complaints. Employers who fail to comply will be punished with a fine of up to 50,000 rupees.
Background and provisions
The Act will ensure that women are protected against sexual harassment at all the work places, be it in public or private. This will contribute to realisation of their right to gender equality, life and liberty and equality in working conditions everywhere. The sense of security at the workplace will improve women's participation in work, resulting in their economic empowerment and inclusive growth.
Major Features
• The Act defines sexual harassment at the work place and creates a mechanism for redressal of complaints. It also provides safeguards against false or malicious charges.
• The definition of “aggrieved woman”, who will get protection under the Act is extremely wide to cover all women, irrespective of her age or employment status, whether in the organised or unorganised sectors, public or private and covers clients, customers and domestic workers as well.
• While the “workplace” in the Vishaka Guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include organisations, department, office, branch unit etc. in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including the transportation.
• The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days.
• Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level.
• The Complaints Committees have the powers of civil courts for gathering evidence.
• The Complaints Committees are required to provide for conciliation before initiating an inquiry, if requested by the complainant.
• Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall be punishable with a fine of up to INR 50,000. Repeated violations may lead to higher penalties and cancellation of licence or registration to conduct business.
Criticism
Brinda Karat, serving in the Rajya Sabha as a Communist Party of India (Marxist) member for West Bengal initially complained that the Bill does not cover women in the armed forces and excludes women agricultural workers, "a gross injustice to agricultural workers who are the single largest female component of work force in the country." However, the final bill includes the clause "No woman shall be subjected to sexual harassment at any workplace" (clause 3.1), and is considered to have addressed those concerns. In the May 2012 draft Bill, the burden of proof is on the women who complain of harassment. If found guilty of making a false complaint or giving false evidence, she could be prosecuted, which has raised concerns about women being even more afraid of reporting offences. Before seeing the final version of the bill, lawyer and activist Vrinda Grover said, "I hope the Bill does not have provisions for penalizing the complainant for false complaints. This is the most under-reported crime. Such provision will deter a woman to come forward and complain." Zakia Soman, a women's rights campaigner at ActionAid India said that "it helps to have a law and we welcome it, but the crux will lie in its implementation once it is enacted.
Male harassment in India
Judging from the findings of a recent economic Times-synovate survey, from Pune 19% said there is some kind of sexual harassment at office. in Bangalore 51% of the respondents had been sexually harassed, while in Hyderabad, 31% and 28% of those surveyed said they had been sexually harassed. Around 38% of the respondents across seven cities in India said that in today's workplaces, " men are as vulnerable to sexual harassment is as women".
---Times of India
Israel
The 1998 Israeli Sexual Harassment Law interprets sexual harassment broadly, and prohibits the behavior as a discriminatory practice, a restriction of liberty, an offence to human dignity, a violation of every person's right to elementary respect, and an infringement of the right to privacy. Additionally, the law prohibits intimidation or retaliation that accommodates sexual harassment. Intimidation or retaliation thus related to sexual harassment are defined by the law as "prejudicial treatment". (Kamir, 2005)
Pakistan
Pakistan has adopted a Code of Conduct for Gender Justice in the Workplace that will deal with cases of sexual harassment. The Alliance Against Sexual Harassment At workplace (AASHA) announced they would be working with the committee to establish guidelines for the proceedings. AASHA defines sexual harassment much the same as it is defined in the U.S. and other cultures.
Philippines
The Anti-Sexual Harassment Act of 1995 was enacted "primarily to protect and respect the dignity of workers, employees, and applicants for employment as well as students in educational institutions or training centers. This law, consisting of ten sections, provides for a clear definition of work, education or training-related sexual harassment and specifies the acts constituting sexual harassment. It likewise provides for the duties and liabilities of the employer in cases of sexual harassment, and sets penalties for violations of its provisions. It is to be noted that a victim of sexual harassment is not barred from filing a separate and independent action for damages and other relief aside from filing the charge for sexual harassment."
Poland
There is no special provision in the employment law that provides for moral or sexual harassment; however it is commonly accepted by the jurisprudence, that sexual harassment occurs when the employee is subjected to acts of another person in order to obtain favours of a sexual nature. Moral harassment occurs when en employee is subjected to acts which may result in a deterioration of his conditions of employment or undermine his rights and dignity as well as affect his physical or moral health. These definitions are not legal ones, but definitions accepted by the jurisprudence.
Russia
In the Criminal Code, Russian Federation, (CC RF), there exists a law which prohibits utilization of an office position and material dependence for coercion of sexual interactions (Article 118, current CC RF). However, according to the Moscow Center for Gender Studies, in practice, the courts do not examine these issues.
The Daily Telegraph quotes a survey in which "100 per cent of female professionals (in Russia) said they had been subjected to sexual harassment by their bosses, 32 per cent said they had had intercourse with them at least once and another seven per cent claimed to have been raped."
Switzerland
A ban on discrimination was included in the Federal Constitution (Article 4, Paragraph 2 of the old Federal Constitution) in 1981 and adopted in Article 8, paragraph 2 of the revised Constitution. The ban on sexual harassment in the workplace forms part of the Federal Act on Gender Equality (GEA) of 24 March 1995, where it is one of several provisions which prohibit discrimination in employment and which are intended to promote equality. Article 4 of the GEA defines the circumstances, Article 5 legal rights and Article 10 protection against dismissal during the complaints procedure. Article 328, paragraph 1 of the Code of Obligations (OR), Article 198 (2) of the Penal Code (StGB) and Article 6, paragraph 1 of the Employment Act (ArG) contain further statutory provisions on the ban on sexual harassment. The ban on sexual harassment is intended exclusively for employers, within the scope of their responsibility for protection of legal personality, mental and physical well-being and health.
Article 4 of the GEA of 1995 defines sexual harassment in the workplace as follows: “Any behaviour of a sexual nature or other behaviour attributable to gender which affronts the human dignity of males and females in the workplace. This expressly includes threats, the promise of advantages, the application of coercion and the exercise of pressure to achieve an accommodation of a sexual nature.”
United Kingdom
The Discrimination Act of 1975, was modified to establish sexual harassment as a form of discrimination in 1986. It states that harassment occurs where there is unwanted conduct on the ground of a person's sex or unwanted conduct of a sexual nature and that conduct has the purpose or effect of violating a person's dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for them. If an employer treats someone less favourably because they have rejected, or submitted to, either form of harassment described above, this is also harassment.
United States
There are a number of legal options for a complainant in the U.S.: mediation, filing with the EEOC or filing a claim under a state Fair Employment Practices (FEP) statute (both are for workplace sexual harassment), filing a common law tort, etc. Not all sexual harassment will be considered severe enough to form the basis for a legal claim. However, most often there are several types of harassing behaviors present, and there is no minimum level for harassing conduct under the law.(Boland, 2002) Many more experienced sexual harassment than have a solid legal case against the accused. Because of this, and the common preference for settling, few cases ever make it to federal court. The section below describes the legal definitions that have been created for sexual harassment in the workplace. Similar definitions have been created for academic environments in the U.S. Department of Education Sexual Harassment Guidance
---Wikipedia.org
[ Index ▲ ]
[ 11 ]
Strategic human Resources Management
What are Strategies?
Strategy is a multi-dimensional concept going well beyond traditional competitive strategy concepts. Strategies are broad statements that set a direction. Strategies are a specific, measurable, obtainable set of plans carefully developed with involvement by an institution's stakeholders. These action statements are linked to an individual or individuals who are accountable and empowered to achieve the stated result in a specific desired timeframe. They are patterns of action, decisions, and policies that guide a group toward a vision or goals.Strategic human resource management is designed to help companies best meet the needs of their employees while promoting company goals. Human resource management deals with any aspects of a business that affects employees, such as hiring and firing, pay, benefits, training, and administration. Human resources may also provide work incentives, safety procedure information, and sick or vacation days.
Strategic human resource management is the proactive management of people. It requires thinking ahead, and planning ways for a company to better meet the needs of its employees, and for the employees to better meet the needs of the company. This can affect the way things are done at a business site, improving everything from hiring practices and employee training programs to assessment techniques and discipline.
In Human Resource (HR) and management circles nowadays there is much talk about Strategic Human Resource Management and many expensive books can be seen on the shelves of bookshops. But what exactly is SHRM (Strategic Human Resource Development), what are its key features and how does it differ from traditional human resource management?
SHRM or Strategic human resource management is a branch of Human resource management or HRM. It is a fairly new field, which has emerged out of the parent discipline of human resource management. Much of the early or so called traditional HRM literature treated the notion of strategy superficially, rather as a purely operational matter, the results of which cascade down throughout the organisation. There was a kind of unsaid division of territory between people-centred values of HR and harder business values where corporate strategies really belonged. HR practitioners felt uncomfortable in the war cabinet like atmosphere where corporate strategies were formulated.
Definition of SHRM
Strategic human resource management can be defined as the linking of human resources with strategic goals and objectives in order to improve business performance and develop organizational culture that foster innovation, flexibility and competitive advantage. In an organisation SHRM means accepting and involving the HR function as a strategic partner in the formulation and implementation of the company's strategies through HR activities such as recruiting, selecting, training and rewarding personnel.How SHRM differs from HRM
In the last two decades there has been an increasing awareness that HR functions were like an island unto itself with softer people-centred values far away from the hard world of real business. In order to justify its own existence HR functions had to be seen as more intimately connected with the strategy and day to day running of the business side of the enterprise. Many writers in the late 1980s, started clamoring for a more strategic approach to the management of people than the standard practices of traditional management of people or industrial relations models. Strategic human resource management focuses on human resource programs with long-term objectives. Instead of focusing on internal human resource issues, the focus is on addressing and solving problems that effect people management programs in the long run and often globally. Therefore the primary goal of strategic human resources is to increase employee productivity by focusing on business obstacles that occur outside of human resources. The primary actions of a strategic human resource manager are to identify key HR areas where strategies can be implemented in the long run to improve the overall employee motivation and productivity. Communication between HR and top management of the company is vital as without active participation no cooperation is possible.Key Features of Strategic Human Resource Management
The key features of SHRM are• There is an explicit linkage between HR policy and practices and overall organizational strategic aims and the organizational environment
• There is some organizing schema linking individual HR interventions so that they are mutually supportive
• Much of the responsibility for the management of human resources is devolved down the line
Approaches of the SHRM,
• attempts to link Human Resource activities with competency based performance measures• attempts to link Human Resource activities with business surpluses or profit
These to approaches indicate two factors in an organisational setting. The first one is the human factor, their performance and competency and the later is the business surplus. An approach of people concern is based on the belief that human resources are uniquely important in sustained business success. An organization gains competitive advantage by using its people effectively, drawing on their expertise and ingenuity to meet clearly defined objectives. Integration of the business surplus to the human competency and performance required adequate strategies. Here the role of strategy comes into picture. The way in which people are managed, motivated and deployed, and the availability of skills and knowledge will all shape the business strategy. The strategic orinetation of the business then requires the effective orinetation of human resource to competency and performance excellance.
Facts
The Center for Human Resources at the University of Pennsylvania was founded in 1921. The Center's mission is to foster research on the strategic role of HR management in such areas as employment, labor relations, public policy, diversity, and training and education. The Center supports its mission through research, regular meetings, information bulletins, and conferences and public forums.
Benefits of SHRM
1. Identifying and analyzing external opportunities and threats that may be crucial to the company's success.2. Provides a clear business strategy and vision for the future.
3. To supply competitive intelligence that may be useful in the strategic planning process.
4. To recruit, retain and motivate people.
5. To develop and retain of highly competent people.
6. To ensure that people development issues are addressed systematically.
7. To supply information regarding the company's internal strengths and weaknesses.
8. To meet the expectations of the customers effectively.
9. To ensure high productivity.
10. To ensure business surplus thorough competency
Barriers of SHRM
Barriers to successful SHRM implementation are complex. The main reason is a lack of growth strategy or failure to implement one. Other major barriers are summarized as follows:1. Inducing the vision and mission of the change effort.
2. High resistance due to lack of cooperation from the bottom line.
3. Interdepartmental conflict.
4. The commitment of the entire senior management team.
5. Plans that integrate internal resource with external requirements.
6. Limited time, money and the resources.
7. The statusquo approach of employees.
8. Fear of incompetency of senior level managers to take up strategic steps.
9. Diverse work-force with competitive skill sets.
10. Fear towards victimisation in the wake of failures.
11. Improper strategic assignments and leadership conflict over authority.
12. Ramifications for power relations.
13. Vulnerability to legislative changes.
14. Resistance that comes through the legitimate labour institutions.
15. Presence of an active labour union.
16. Rapid structural changes.
17. Economic and market pressures influenced the adoption of strategic HRM.
18. More diverse, outward looking approach.
[ Index ▲ ]
≪≪ ◄► ≫≫
Source: Human resource management (web). www.whatishumanresource.com (english)