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Excerpted from
Indiana Employment Law
Letter, written by attorneys at the law firm
Baker &
Daniels
Does this sound familiar? You're in the middle of sexual harassment
training, and one of your male managers says, "Boy, I wish someone
would harass me!" Or this: You hear a supervisor talking with
members of her department about the physical attributes of the
latest reality show competitors. Such situations are all too common,
and they send the wrong message about management's views concerning
appropriate workplace conduct.
If those scenarios sound familiar, it
may be time to gather your supervisors for some awareness training.
Here are 10 best practices you can pass along.
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Rule #1: Suggestive or sexual materials don't
belong in the workplace
Period! That means the Victoria's
Secret catalog, even if it's shared only among women. And a
video clip of Janet Jackson's revealing moment at the Super Bowl
halftime show. Yes, it was aired on national television, but
that doesn't mean a reasonable person wouldn't find it
offensive.
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Rule #2: Your co-workers aren't your family
A friendly working atmosphere is a
good thing. If you treat a colleague as you would a spouse,
significant other, parent, or child, however, it's time to
reevaluate the relationship. Get back on the professional track.
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Rule #3: Eliminate derogatory language
If someone says "This project is a b-tch" or "The computer
system is f---ed up," you should ask them not to use such
language. True, some courts have recognized that this sort of
shop talk isn't sexual in nature. Nonetheless, some people find
it offensive, and the workplace is better off without it.
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Rule #4: Beware the nonverbals
One often-cited federal sexual
harassment case describes a supervisor as making the sound "um
um um" in the presence of an attractive subordinate. Other cases
have included staring as allegedly offensive conduct. Put your
supervisors on notice that sexual innuendo can come in the form
of comments, sounds, expressions, or gestures. Regardless of the
form it takes, it isn't appropriate professional conduct.
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Rule #5: Keep terms of endearment at home
That includes "honey," "sweetie," "dear," "chick," "sugar,"
etc. Even if it's not harassment, a term that's meant
affectionately or as a joke can easily be inferred as
condescending. Also, be aware of terms like "mom" and "gramps."
Such names may be viewed as derogatory or disrespectful toward
older employees.
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Rule #6: Watch the hands
A brief, professional handshake is fine. There's also
nothing wrong with a light touch on the shoulder to get a
colleague's attention. But going much beyond that is asking for
trouble. Some supervisors use a "hands-on" approach to
establishing rapport with colleagues — hugs, shoulder rubs, and
other casual contact that's meant in a friendly way. Such
contact (especially when it comes from a boss) can make people
uncomfortable. Respect others' personal space, and try
establishing rapport with a smile rather than physical contact.
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Rule #7: Sex life discussion = TMI (too much
information)
Whether the conversation is about a
co-worker's love life or Carrie Bradshaw's love life on Sex
and the City, it isn't a conversation that belongs in
the workplace. If someone brings it up, the best practice is to
get the conversation back to work-related topics.
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Rule #8: Accentuate the positive, but on a
professional level
Compliments on physical appearance
must be handled with care. For example, he says, "That brooch
you're wearing is interesting. Is it an antique?" She thinks,
"What's he doing looking at my chest and letting me know that he
was looking?" Play it safe and keep day-to-day pleasantries on
the weather or other subjects that aren't emotionally charged.
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Rule #9: E-mail and voice-mail messages
There's a word for e-mail and
voice-mail messages: evidence. People tend to view electronic
communications as a substitute for personal conversation and
treat them with the same informality. Remember that messages are
recorded and stored most likely forever. Don't say anything in
e-mail or voice mail that you wouldn't want to hear repeated in
court.
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Rule #10: Rules of the road — ditto all the above
Supervisors traveling on work-related
business represent the company even when en route, dining out,
or staying overnight. Business-travel behavior must live up to
the same standard as in-office behavior. |
Bottom line
When
you counsel your supervisors that they should be models of
respectful behavior, they may say you're trying to take all the fun
out of the office. Just remind them that nothing takes the joy out
of the workplace like defending a harassment claim — however trivial
or baseless. A culture of respect for others will pay off with more
professional working relationships and greater productivity.
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Reprinted with permission from Indiana Employment Law Letter. Copyright
2005 M. Lee Smith Publishers LLC,
www.HRhero.com.
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