THE CASE of CULTURE VS. HARASSMENT

 

Introduction

Snell, Morris, & Bohlander (2016) defined sexual harassment as unwelcome advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature and can include offensive remarks about an individual’s sex (pg. 105). The Equal Employment Opportunity Commission recognizes two forms of harassment as being illegal: Quid Pro Quo Harassment and Hostile Environment. The administration at St. Regis Healthcare has received formal reports through the organization and compliance system that Dr. Haddad has allegedly harassed 10 women. Dr. Haddad is currently employed as the President for about a year and has received complaints for the past six months. 

He argued that his actions are innocent reflections of his culture and added that the organization values diversity development. This paper will examine Dr. Haddad’s case and why he will be terminated. It will go over the concept of consistency in managing sexual harassment in the workplace and will justify why consistency is crucial. Lastly, it will go over factors that support consistency in human resource practice. Discussion Dr. Haddad’s case is an example of the 11,364 factual sexual harassment complaints filed nationwide (Snell, Morris, and Bohlander, 2018, pg. 106) based on two types of harassment. In this special case, the harassment falls under the hostile environment category which pertains to unwelcomed sexual conduct that has the purpose or effect of unreasonably affecting with job performance, or creating a threatening, hostile, and offensive work environment.

Should the Dr. Haddad Be Fired?

Prior to Dr. Haddad’s termination, proper conditions should be done after each formal report submitted by the 10 women; such as a written warning and/or suspension following a case-by-case investigation. However, based on the clear facts given from the case study, Dr. Haddad, the President of St. Regis Healthcare should ultimately be terminated and should not receive any special treatment based off his position. Dr. Haddad has created an unwelcoming and uncomfortable environment for the women who filed formal reports over the last year. Although he disputed his behavior is the reflection of his culture, undesirable touching or hugging, and sexually charged looks and gestures are unlawful and discriminatory under the Title VII of the Civil Rights Act of 1964. In addition, the hospital has a strict sexual harassment policy that clearly stated Dr. Haddad’s actions as a reflection of sexual harassment. It is imperative that the Board of Directors is to take action to avoid litigation.

 If the employer is well aware that an unlawful conduct such as this has taken place and they failed to remedy or correct it after investigation, the EEOC deems them to be guilty of sexual harassment (Snell, Morris, and Bohlander, 2018, pg 107). Handling of Sexual Harassment Cases and Consistency Importance In handling sexual harassment cases, it is important to be consistent to demonstrate to all employees that any behaviors pertaining to sexual harassment will not be tolerated in the workplace. Being consistent, regardless of position and title in the workplace will all be dealt in the same manner with zero exception. 

Consistency shows a very clear message to everyone in the workplace that that they must act accordingly to the policies and any behaviors that are discriminatory will be taken action. In addition, consistency shows employees that the workplace is a reputable environment and everyone will be treated fairly. By providing this type of environment, a productive safe and productive environment starts to form. Factors Supporting Consistency Some factors that support consistency in the workplace include creating policies, procedures, practices, and training programs. Prevention is the best tool to eliminate any kind of discrimination in the workplace.

 By establishing uniform sexual harassment trainings to all employees, establishing an effective complaint or grievance process, and taking immediate and appropriate action (EEOC, 2018) after complaint has been filed will create a much safer and comfortable environment for everyone. Conclusion All things considered, Dr. Haddad, the president of St. Regis Healthcare should be dismissed for his unlawful conduct of touching, hugging, and giving sexually charged looks and gestures to the 10 women who formally filed a complaint. Although he disputed that this is due to his culture, this does not take out the fact that it is against the company policy and Title VII of the Civil Rights Act of 1967. Being consistent in handling sexual harassment cases is crucial in order to demonstrate to employees that sexual harassment and behaviors that are discriminatory will not be tolerated, regardless of the position you hold in the company. By establishing uniform policies, procedures, practices, and training programs, employees are well informed and communicated of actions that are not acceptable in the workplace.

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