In today's work environment, personal and professional boundaries are increasingly overlapping. With remote and hybrid work becoming a norm, and after-hours functions turning into networking opportunities, the line between personal and work life is often blurred. Friendships developed at work or even referrals from friends for job opportunities can complicate this landscape. As a result, actions, words, and humour that might once have been acceptable are now landing many employees in hot water with human resources—sometimes without them even realizing what went wrong.
The most common issues we're encountering nowadays are no longer the overt or egregious acts of harassment, but rather subtle disconnects between intention and impact. These are further complicated by a reluctance to address the issue directly with the individual involved. These are the issues we will be addressing.
The Consequences of Unintentional/Misinterpreted Actions
The blurring of boundaries has led to a rise in workplace harassment complaints. Just because you work with the person and are engaging in social activities in your personal life, should a claimant be allowed to use these circumstances and bring them into the workplace?
With many colleagues becoming friends and the boundaries of the workplace blurring into social settings, harassment cases that occur outside the workplace are being handled by the workplaces themselves. Over numerous cases we have been called in to navigate, we have been noticing a detrimental trend. An increasing number of cases are now involving well-intentioned individuals who find themselves accused of inappropriate behavior/words. Though the issues may be genuine, current methods often go wrong by avoiding communication with the accused individual, thereby failing to help them understand what they did wrong. This can lead to significant damage to their careers, leaving them uncertain about how to rectify the situation or change their actions moving forward.
It is imperative that each person have the opportunity to express their perspective of the action/words and to gain clarification. Understanding the context of behaviours is important as well. Were the issue's actions/behaviours done in a personal situation or in the workplace/at a work event? Employers must provide clarity around the boundaries of acceptable behaviour in and outside the workplace. This is a crucial step for everyone to understand how to navigate these issues properly.
Education and training are key to preventing harassment in the workplace.
Establishing Clear Boundaries
To prevent unintentional harassment, both employees and leaders need to establish and communicate clear boundaries between personal and professional interactions. This means understanding where the rules of conduct apply and who is responsible for enforcing them. Here’s a guide on how to navigate these muddy waters:
Leaders’ Responsibilities
Leaders play a critical role in managing harassment allegations. They must:
Protect the Claimant: Ensure the person reporting the harassment feels safe and heard. Their concerns should be taken seriously, and they should be given a chance to articulate their perspective and desired resolution.
Support the Accused: The accused should also be treated fairly. They must be informed of the allegations against them, given a chance to present their side, and not be punished before a thorough investigation confirms any wrongdoing.
Gain Clarity: Were the alleged behaviours conducted in a workplace or personal setting? Are they directly related to a workplace activity, networking event, or social gathering? Did the person use their authority within the organization in an inappropriate manner?
Determine What's Within Your Scope: Determine if it is appropriate for the claimant to report the behaviour to official authorities. Is investigating this claim outside the scope of the workplace? If so, take on a supportive and personal safety approach, and leave the investigation to the appropriate authorities.
Avoiding Snap Judgments
Workplaces often act more quickly than courts when it comes to addressing allegations. Leaders must avoid jumping to conclusions and ensure they approach each case with an open mind. The goal should be to resolve the situation fairly and with due process.
Before proceeding to a formal investigation, consider hiring a professional mediator or facilitator who can provide a confidential and safe environment to bring the parties together to discuss the issues. This impartial third party will ensure three things;
1. The claimant can safely share exactly, and with as much detail as possible to help the other person understand, what the person did or said that offended them.
2. The claimant can express how this situation has impacted them.
3. The claimant can clearly state their request going forward, to meet their needs.
Without allowing this conversation to occur, you assumed the accused individual could guess what they did or said that was wrong. Skipping this step does not allow the time and space for the other individual to understand why it caused harm. Without this, there is often little to no opportunity for the accused individual to correct the behaviours in an authentic, non-dictated way, to make amends. When dealing with these offences, both parties need to work together to navigate the situation in a constructive and supportive manner, allowing for a second chance and a positive outcome for all involved.
Protecting Yourself from Harassment Claims
To minimize the risk of being accused of harassment or facing discipline/termination, consider these strategies:
Always Have a Third Party Present: When interacting in potentially sensitive situations, having a witness can help protect you.
Limit Alcohol Consumption: Being mindful of alcohol intake during work functions can prevent situations that might be misinterpreted.
Understand Company Policies: Be aware of any morality clauses or specific conduct expectations outlined in your company’s policies and agreements.
Creating a Recovery Plan
In the event of an allegation, having a structured recovery plan is essential:
Maintain Confidentiality: Ensure that the details of the allegation are kept confidential to protect all parties involved.
Respect and Dignity: Approach the situation with humanity, ensuring that all individuals involved are treated with respect and dignity.
Involve Third Parties When Necessary: Determine when to involve external resources like mediators, investigators, or HR professionals to ensure a fair resolution.
Navigating the Extended Workplace
Understanding where the “extended workplace” begins and ends is crucial:
Long-Term Friendships: When friends from outside work become colleagues, the dynamics can shift, leading to potential conflicts or misunderstandings.
Ex-Partners: Working with former romantic partners can create unique challenges that need to be managed carefully.
Newly Hired Friends: Navigating professional relationships with friends who join your workplace requires clear communication and boundary-setting.
Avoiding Bias and Ensuring Fairness
It’s important to recognize that initial perceptions may be biased, as society often defaults to supporting the accuser. The accused may go through the same trauma as the accuser. It is crucial to ensure both sides of a harassment claim are fairly assessed. The accused should be given a fair chance to explain their actions and, when necessary, make meaningful amends. The process should strive to uncover the truth and rectify any misunderstandings without prejudicing any party.
Harassment in the workplace can have serious consequences for both individuals and organizations. By acknowledging the subtleties of modern harassment and addressing them directly, we can create a safer and more respectful environment for everyone.
If you're ready to take proactive steps towards a harassment-free workplace, we invite you to reach out to us for comprehensive training and coaching solutions. Our expert team is dedicated to empowering your organization with the tools and knowledge necessary to prevent harassment and foster a culture of inclusivity and respect. Don't wait until it's too late – let's work together to build a better workplace for all. Contact us today to learn more.
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