#RespondTo #MeToo – The Simple Solution Every Employer Needs

No company is immune to workplace harassment claims. So, how do HR professionals deal with the mounting pressures to resolve this issue? It starts by removing themselves from the situation entirely.

As employers navigate the #MeToo movement’s impact on workplace harassment issues, one simple solution is being overlooked or, more aptly stated, not even being implemented.  To truly solve the issue and create a culture of inclusion, diversity and common good, employers must remove themselves from the investigation process and then, and only then, can they remove the fear associated with reporting workplace harassment. When this occurs, the direct and indirect outcomes cause a shift that propels a company forward and better equips them to handle such issues.   

A Movement Reflective of Historical Actions

Although the spark of the current movement started in October 2017 with Weinstein’s antics and Allyssa Milano’s #MeToo tweet, the resulting fire highlighted and publicized the term initially coined by Tarana Burke in 2006.  So why did it take so long for the proverbial snowball to get bigger and noticeable? 

Since the late 90’s, historical treatment of workplace harassment was dealt with by training seminars that did not directly address the core issue or take matters seriously whatsoever.  Even the EEOC suggests that training is not enough, and 1-800 numbers do not work effectively. For example, just look at the SNL skitOpens a new window involving Tom Brady and sexual harassment from 2005. This skit mirrors the sentiment of the time period; workplace harassment just isn’t a big deal.

Furthermore, most, if not all, employers during this time had handbooks or policies in place stating that if any harassment should occur, the employee (or person being subject to workplace harassment) needed to report the incident to their supervisor or human resources department.  This “requirement” produced an unreasonable request for the employee since a majority of the harassment was being done by the supervisors or managers themselves.  This process undoubtedly created a true fear of reporting – stemming from a fear of ridicule, retaliation, embarrassment or, worse, termination.  If the issue was brought forward, the issue would be, and continuously has been, swept under the rug. 

The Current System is Broken

The EEOCOpens a new window provides that approximately 7% to 13% of the sexual harassment instances are actually reported.  This means that despite a 50% increase in EEOC legal suits being filed and challenging sexual harassment, as well as nearly $70 million being recovered through litigation and administrative enforcement in 2018, approximately 87% to 94% of instances are not being reported.  When extrapolated through this underreported metric, the actual monetary recovery would be an estimated 10 times higher than current values.   

Even more alarming, the EEOC provides that approximately 80% of the workforce believes that sexual harassment goes on in most American workplaces.  Yet, at the same time, 90% of those individuals do not believe their own workplace has an issue.  Seriously?  Think about that one for a second.  It’s akin to saying everyone else’s child has a problem, but your own children are perfect.  We all know that is not true!  The current system is obviously broken and employers are desperately searching for ways to address this cultural issue within the human resource sector. 

The Insanity Is Real

The corporate sector is banging their heads against the wall trying to solve the prevalence of harassment issues being reported as a result of the confidence inspired by the #MeToo movement.  We know the definition of insanity is doing the same thing repeatedly and expecting different results.  Why, then, are employers either (i) expecting a different result if all they do is the same thing in the form of training and reporting to human resources, or (ii) not understanding why they received an EEOC charge for workplace harassment?  The simple answer is that they neither fully realize the issue staring directly back at them nor the most direct solution. 

Overall, awareness of the issue has and will only increase.  Of course, mobile apps or services that provide an avenue to anonymously report workplace harassment can remove the fear associated with reporting.  But even if the fear is removed, one barrier still exists to truly address the issue – removal of the employer from the handling, intake and investigation process of each and every issue.   The 1-800 numbers and apps (or similar platforms) don’t resolve this issue because they place the investigation back on the human resources department. If you have an HR department like most employers, they are overworked and underpaid and the last thing they need is another item taking up space on their plates. 

What if the employer does nothing at all or misses an incident reported on a 1-800 number or an app? Simple – the issue will escalate creating increased liability exposure.  Some call that a “worse off” position than when they started.  Others look for the simple solution right in front of them.

A Simple Solution

To properly address the issues presented by #MeToo awareness while providing a culture of change, inclusiveness and diversity, the clear path forward is to implement an efficient and effective platform that allows for reporting to a third party and having that outside party handle the complete investigation on behalf of the employer.  If human resource departments and companies are able to do this without increasing their current spend on outside legal counsel, decreasing turnover and its associated costs, as well as lowering absenteeism and increasing productivity (all of which are indirect benefits of a culture with inclusiveness, diversity and common goodness), HR becomes a profit center with a tangible ROI while displaying solid leadership to their respective industries. 

Additionally, when you have a platform that allows for effective and efficient reporting, with a third-party handling the entire investigative process, the employer actually bolsters their affirmative defenses and reduces their liability exposure.  This solution is at the fingertips for so many employers. 

By removing the employer from handling workplace harassment issues, companies are able to subsequently remove the fear, which clears the path for a culture of respect and inclusion.  Does this mean there will be zero issues in any company?  No.  There will always be those “bad” hires.  But having a culture of respect will make sure that those bad hires do not drive company profits down by running away valuable employees and harming company culture.   Furthermore, this inherently creates a culture of equality and respect, as well as civility and common good. 

The Take Away

To solve the issues of workplace harassment, the simple solution involves removing the employer which removes the fear and allows for a bolstered affirmative defense for each employer, while also creating a culture of inclusion, diversity and common good for the employees and employer.  Implementing a platform of this magnitude allows employers to directly #RespondTo issues presented by #MeToo awareness.