JBM Consulting
Harassment and Discrimination are often behaviors that may seem subtle... Are you Prepared to Recognize it? 
November 2010
Greetings!

Too often, we assume that we are well aware of the issues related to harassment and at times, we can become complacent about issues that are lurking.  Some forms of harassment and discrimination are not easily idenitifiable. As managers or business owners, it is imperative that you keep your eyes and ears open to comments made by employees that could be the "cry" for you to help them out!
Is this Discrimination?
Sue and Tom, both 55 year old school teachers, well respected by students and parents alike, volunteer for important committee work that really makes a difference.  Sue and Tom are known for their work ethic, "kids first" attitude, extraordinary teaching techniques and overall approach to their work. 
An administrator has asked for volunteers to work on a prestigious committee. Sue and Tom volunteer as it is an ideal match for their strengths and years of experience teaching.  A few weeks go by and neither are notified of their status on this committee.  After inquiring, they learn that the committee was formed and the group was made up of all "twenty somethings".

The Principal also seems to "forget" to communicate important information on a regular basis, to these individuals that they find out, quite by accident.  After talking about it to others, they find others are being affected in the same manner, all over age 40. After a series of such behaviors, Sue and Tom begin to perceive the younger educators as being more "valued" than they are. Comments are made such as "we need a younger perspective".
 
After finding out that others are having a similar experience, they feel a strong sense of age discrimination.  They are feeling undervalued, disrespected and down right unjustly excluded from important meetings and communications. 

Is this a form of age discrimination?

Certainly can be. A pattern of behaviors that show that all of the individuals in a certain age group are handled in this manner could certainly lead to a potential age discrimination issue.  The approach being used here is more of a passive agressive form of discrimination and a perception of,minimally, a serious lack of professionalim on the part of this Principal.

In this day and age of budget constraints, administration can often use tactics that may make the workplace undesirable, resulting in desired retirements to address those constraints. 

In any case, civility matters, respect for your co-workers and subordinates is always important.  The lack of sensitivity to the personal side of handling people in this  matter needs serious review and consideration.
Minimally, a review of management style is something requiring attention.


Consider this....
 Barbara, a competent administrator who has the respect of many co workers and colleagues alike is a part of an all male team of administrators.  The team meets weekly to discuss important governance issues.  When anyone talks the "floor is theirs", but when Barbara begins to talk, there seems to be non verbal messages that imply unimportance, lack of focus on her as she is talking, turning of one's back when she "has the floor", interruptions as she presents and then a situation where her colleagues seem not to consider her input, when making decisions. Further, when she emails them or requests a discussion related to her concerns, there is a lack of response and general lack of concern for her feelings and perceptions.  Then to top it off, they often have "personal lunches" that have everyone in this group except her.

Is this harassment?  Based on what?
Yes this can be a form of harassment based on gender and  even possibly a hostile work environment.  A person who feels this often find themselves very stressed in the workplace, over time, affecting their physical and mental health and well being. The way they behave towards others may suffer due to their feelings of insecurities and discontent with their workplace.  Performance can suffer not necessarily due to anything in her control, but because others may be creating a work situation that leads to the inability to be effective.  Beyond how it affects a person's dignity and well being, it is frustrating for the "victim" because it can be hard to prove.

  If you receive such a complaint, what should you do?

This is one of those investigations that can be very difficult.  A good investigator will know how to approach this, who to speak to and what types of information to ascertain to prove one way of the other.  Another significant issue, however, is the fact that Barbara feels this way with colleagues.  No matter what you find in the investigation, you need to resolve the conflict, ensure the colleagues understand the perceptions of their behaviors and if need be, find a facilitator for such meetings.  Not only can this be a form of harassment, but it also impedes good decision making by not considering another colleague's perspective.
Civility Matters
Just think, we wouldn't have issues related to discrimination or harassment if we just used some basic rules of respect for everyone!  Civility is becoming all too uncommon.  We need to get back to the basics, the "golden rule"...treat others as you would want to be treated..I go a step further, treat others with the understanding that everyone is suffering from something and as much as possible, we need to be one of those contacts they have that makes their life a bit easier by just being a kind person!

Productivity, organization effectiveness, individual and group performance are all related to our ability to be content in the workplace.  As managers and administrators, we need to take the time to ensure that our workplace is free from the disrespect that impedes success.  We can't afford not to focus on working smarter not harder.  If any of your staff cannot work well together, there is no way you can be the best that you could be!

 

Be sure you have an effective, well trained, objective investigator! Makes all the difference in the perceived quality/value of the investigation, whether a "victim" pursues it legally  and beyond your workplace...and ultimately... could be the difference between winning or losing a lawsuit!

 

Go to www.jbmconsultingonline.net for important online training on the topics of Harassment, Conflict Resolution and Motivating employees.  The more employees in your organization are trained on these topics, the more enforcement of desired behaviors you impose, the less problems you have and the more successful you will be!

 

Invest the time on the important aspects of your business...your staff.

Wishing you the best always!

Jeannine Brown Miller, MA, SPHR Principal Consultant
JBM Consulting
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