Sexual Harassment in the Workplace: Still a hot topic

The ongoing allegations about Jian Ghomeshi, formerly of the Canadian Broadcasting Corporation (CBC) and the cross-border show Q, have demonstrated how old-fashioned sexual harassment can be new again.  It's got people talking.

Too much talk, as people have been too vocal on either side of the issue in social media.  Many were quick to defend Ghomeshi, and blame the CBC ("The Mother Corp") for prudishness.  At least now people are inquiring about the barriers that keep victims/survivors from making complaints.

What does this have to do with family businesses?  It applies the same as other workplaces, and maybe more.  I worry, with some basis in experience, that the informality of some family enterprises, the inexperience of some family members, and the desire to protect loved ones, may leave the business and the employees vulnerable.  If your business has grown quickly into one with several managers and employees, your company structures will need to keep up.

In short:

• Does your business have a harassment policy?  How about suitably arms-length procedures?
• Is everyone, especially managers, informed about the law, the policy, and the procedures for handling issues?

If you say, "We never have had a complaint," just reflect on whether that's a good sign or a sign of fear in your company culture.

Given what I've said, in the context of the police investigation into Ghomeshi, it may seem odd for me to mention informal options to handle complaints.  However, informed complainants (i.e., who understand their options) and respondents may sometimes prefer mediation, for instance.  Particularly where the allegations are likely restricted to one victim, perhaps as a first offence, mediation can offer a less punitive education, with more privacy for respondents and complainants (and less costly and disruptive to employers).  It helps to have a mediator with harassment experience who will to stop the mediation if it seems more appropriate to investigate.  Luckily, mediation is "without prejudice", so it will not likely harm a subsequent investigation.  Sometimes mediation happens post-investigation, if the parties must return to working together.  That type of meeting requires great skill in the mediator.

There is also good value in sensitivity coaching for those who did, or likely did commit unwelcome and inappropriate conduct.  But employers need to invest more than a token amount of time (i.e., more than a couple hours) to such coaching.

If you answered 'no' to those questions above, now's the time to harassment-proof your company.

Daryl Landau is a mediator, coach and investigator.  He once worked at the Ontario Human Rights Commission.

For more on Ghomeshi:
- http://www.theglobeandmail.com/life/ghomeshi-gate-proves-opinion-minus-fact-all-too-common-on-social-media/article21376025/

- http://www.macleans.ca/news/canada/sex-lies-and-the-cbc/