Employers often ask me about combatting gender discrimination and sexual harassment in their workplaces. Drawing from my experience as an employment attorney and mediator, as well as a plaintiff in a sexual harassment and sex (gender) discrimination case against a former employer, I’ve come to recognize the nuanced nature of these issues and the need for collaborative, constructive approaches.
Drop the Combative Rhetoric
Gender discrimination is a serious problem that needs attention, but using war language invites defensive responses. It’s human nature to defend ourselves when we feel attacked, and a hostile approach will typically be met with:
- Fight – We retaliate, counterclaim, nitpick, and otherwise distract everyone from higher goals.
- Flight – We stop mentoring and supporting those we feel are unfairly attacking us, which can limit their opportunities for career success.
- Freezing – We do nothing, allowing the status quo to continue, even when it’s not really what we want.
Let’s have more productive conversations, not verbal wars.
Foster Mutual Respect
Moving away from combative rhetoric, let’s foster productive dialogues that prioritize results. Gender discrimination affects us all, and by fostering an environment of mutual respect and understanding, we can create workplaces where everyone thrives.
Here are some actions both employers and employees can take to reduce gender discrimination in the workplace. This must be a team effort to make the workplace better for everyone, not a mandate simply to avoid lawsuits.
- Do more than the mandatory training. Your state, city, or local government might require certain training to help you reduce gender discrimination, but this is the minimum standard. Most adult learning experts will tell you that employees need more than the knowledge delivery to change behaviors and cultures.
- Focus on the business mission. Work is where employers and employees come together to achieve mutually beneficial goals. Gender discrimination is an obstacle because it costs employers time, money, energy, and the contributions of good employees.
- Address inappropriate behaviors quickly. It can be uncomfortable to tell a client to stop hitting on your assistant or to interrupt your co-workers when they stereotype all people of certain genders or gender identities. However, it is everyone’s responsibility to create a peaceful and productive work environment.
- Keep practicing your skills. Look for inappropriate conduct at work, at home, and with your friends. Avoid blaming and shaming, whenever possible. The goal is to stop the behavior, not destroy someone who is still willing to learn.
- Make it easy to report concerns. Use a full range of reporting tools, including secure online forms, and investigate all concerns. Listen for the hurts you can heal, understanding that discrimination targets might not always use corporate or legal language to describe their experiences.
- Ensure investigations are thorough and unbiased. Consider outside vendors with specialized training and ethical requirements to maintain impartiality. Far too often, ineffective investigations in early complaints empower harassers and create an environment where they can repeat offenses.
- Avoid Zero Tolerance policies. The Equal Employment Opportunity Commission (EEOC) discourages these because they invite errors and might discourage people from reporting incidents. Despite the harm they have suffered, employees might fear they will cause someone greater harm (e.g., job loss) than the harm done to them. Thus, they might keep quiet about hostile work environments that cause your best employees to stop doing great work or to leave.
- Be willing to let every employee go. Regardless of how much money you think a sexual harasser brings your business, it only takes one strong claim to wipe all that out. Once an employee shows an unwillingness to learn and change behaviors, you must take stronger action, including termination.
By embracing these proactive measures, employers and employees alike can contribute to a workplace culture that values diversity, equity, and inclusion, or mutual respect. Let’s move beyond legal mandates and embrace a shared commitment to creating environments where everyone can thrive.
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Fostering Mutual Success: Aligning Employer and Employee Goals