When the boss is the problem
Improper sexual behaviour transcends vocations, writes Joanna Mathers
The recent revelations around the behaviour of some of New Zealand’s legal fraternity has brought to light the ugly side of rigid power structures.
The solicitors who allegedly prayed sexually on young interns and students were men of influence; their approval could make or break careers of the women involved.
The response from the law firm Russell McVeagh and the Law Society to the allegations was underwhelming to say the least.
Given the power that senior lawyers wield in such firms it’s not surprising that few have dared to speak up until now.
It’s not just legal profession that has problems with workplace sexual misconduct.
Improper sexual behaviour transcends vocations. A poll conducted in Australia in 2016 uncovered that 38 per cent of the 18-to-24-yearold women questioned had been sexually harassed at work that year.
Saying “no” to the unwanted advances of someone with authority over you is extremely challenging, especially when you feel your career may be at stake. But there are strategies for addressing such issues effectively, and maybe even changing the culture that underpins them.
Alan Pettersen is a HR expert from the company Positive People. He explains how you can navigate the perilous waters surrounding sexual harassment and power relations, whilst keeping your career intact.
He says that the first step to take in any incidence of harassment is simple and direct, but can be highly effective.
“There should immediately be crystal-clear feedback that the person is overstepping the line and that their behaviour is completely unwelcome. While they should never have to take such action in the first place, immediate personal action is often the short cut to stopping unacceptable behaviour dead in its tracks.”
Most larger organisations have policies that cover harassment and/or sexual harassment. These resources can provide clear guidance on the company’s stance on such matters, and ideally offer a process to follow.
If an immediate rebuke has not worked or wasn’t given, the harassment can be brought to the attention of the perpetrator, with the company guidelines used as backup. While some may find such a direct approach intimidating, it can be effective.
A third (and less confrontational) option is writing a formal complaint to the organisation. This should document the details of what happened and how it has impacted on the victim of the harassment.
“Having raised the matter in this way, the organisation is duty bound to investigate in an impartial and fair way to all parties involved.”
Pettersen says that while the subject of the harassment may not feel comfortable talking to others in the organisation about what has transpired, he feels this is an important part of the process. This support person should ideally be someone in a senior role or human resources. This will provide a support mechanism for the victim of the harassment, and backup if matters go any further.
“This is important because it allows for the person to feel that they are not alone in the situation and that they have someone else to share their concerns with. They may also wish to seek support from outside the organisation.”
In cases such as those that took place in Russell McVeagh, it might be impossible for the victim to find a person they feel safe in confiding in. It’s important to know the law is on your side if you find yourself the victim of harassment, and there are organisations set up to deal with such cases.
Pettersen says that if the proper procedures have been followed, but proven unsuccessful, there is the option of raising a personal grievance, or in the case of sexual harassment, either raising a personal grievance or laying a complaint with the Human Rights Commission.
Sexual and other forms of harassment may be endemic in certain company cultures, especially those in which power structures are fixed and rigid.
He says that if a culture of harassment has been tolerated (or even encouraged) it can become entrenched and hard to shift.
“Often this occurs in situations where people have been working together for many years, and the culture just develops into one that is rough around the edges.”
He says that in such organisations, social events (especially those involving alcohol) can be the flashpoint for more serious abuses. The case involving
Sexual and other forms of harassment may be endemic in certain company cultures, especially those in which power structures are fixed and rigid.
the Russell McVeagh senior staff engaging in sexual activity on the boardroom table with young students is a prime example.
But such extreme behaviours can also be the catalyst for change.
“Situations like this either blow up because of an incident where a person gets to the point where they no longer will tolerate what they feel is unacceptable or unwelcome, or a transgressing person simply goes too far.”
Changing the culture of an organisation may seem like a Herculean task. Pettersen says that one option for those concerned about entrenched issues in work culture is to start a process by which the company undertakes some soul searching in order to clarify their values.
“I’d encourage people who are concerned about the culture they see in an organisation to start to talk to management about what values the company has and what values they want,” he says.
“Request publication of both the values and the policies that support the values, including harassment and bullying policies. This tends to bring attention to situations that involve an abuse of power and it can be a practical way to move the organisation forward.”