Workplace Articles By BCC
I don't want to make a big deal out of it - -I just want him to stop asking me out.
I don't think she means anything by it, but I feel uncomfortable when she touches my shoulder every time she greets me.
I want to have a productive, professional working relationship, and I'm afraid if I say something, especially if I make a complaint, things will get worse.
I'm sorry I ever spoke up. Now that the company did their investigation, it feels more awkward than ever.
The awareness of sexual harassment is heightening and employers are being held to increasingly higher standards for maintaining an environment free of sexual harassment and for effectively resolving possible sexual harassment situations. In the face of these trends, organizations are looking for a broader range of methods to avoid potential liability and maintain work environments that are comfortable for all employees.
Employers are experimenting with creative alternatives to the more formal approaches of resolving sexual harassment situations and, in many cases, are finding success. Recognizing each situation must be handled on a case-by-case basis, the nature and severity of the allegations, the working relationship of the involved parties, and the particularities of the circumstances will dictate the appropriate response. In many cases, a more informal approach may lead to the most effective resolution.
Alternative dispute resolution (ADR), which includes mediation, is a new and growing field which, in the appropriate situation, can successfully be applied to sexual harassment issues. Mediation, as an alternative to or in the aftermath of a formal investigation, can help to minimize if not eliminate many of the problems encountered by employers who use more traditional methods of resolution.
The basic goal of mediation is to facilitate a negotiation process between the parties to effectively define a desired outcome, thereby resolving conflict. In the case of sexual harassment which, in nearly every instance, involves an imbalance of power, the goal of mediation typically is aimed at one or more of the following:
- To provide a controlled and safe opportunity for each party to express his/her perspective of the situation and feel heard,
- To have the party who has engaged in offensive behavior understand the impact of the conduct and, if desired by the recipient, offer an apology,
- To define the parameters of a mutually respectful work relationship in order to proceed into the future rather than focus on the past or, more simply put,
- To negotiate an appropriate remedy to the situation.
Copyright 2006