Can my boss really make me do that? Part II of II
Photo by Oladimeji Ajegbile from Pexels
If you haven’t read Part I, I’d suggest that you do so and learn a bit more about Bob!
As a quick recap, at this stage, Bob has shared his experience of sexual harassment with a trusted leader in the organization, the organization has investigated the matter, and they have decided what they plan to do.
Let’s look at what happens now.
Firstly, does Bob get to see the written report regarding the investigation? In most cases, no. The organization does not have to show the report to Bob at this point. It is customary, however, for Bob to receive, at least orally, an overview of the findings. Bob might also receive a copy of the redacted report or a part of the report.
Who decides what happens next? In terms of any actions that may occur, this is up to the organization, it is not up to Bob. Now, a good organization will not only have kept Bob abreast of everything that has been happening every step of the way, they will also consult with Bob and ask him how he would like the matter to be resolved, and ensure that his wishes are taken into consideration. In all cases, they should share with Bob exactly what they plan to do before they do it, and support him every step of the way. Anything less than that will only be building a culture of mistrust and suspicion.
What will happen now, if anything? The kinds of actions that occur in these circumstances can vary. The actions, however, usually fall into two categories.
Actions at the organizational level
The first category of actions are those that will take place at the organizational level. Examples include the development of a Respect in the Workplace policy if one does not yet exist, the designation and specialized training of certain leaders in the workplace to be able to deal with these kinds of matters, and training (or re-training) for managers and for all employees regarding what constitutes a respectful workplace and how inappropriate conduct should be reported.
Actions at the individual level
The kinds of actions that may occur to the individual who was, in Bob’s case, accessing pornography at work and forcing Bob to transfer that pornography from an old laptop to a new laptop may include: oral discipline, written discipline, suspension, one-on-one training, issuance of an apology, and/or termination of employment. The actions that take place will be dependent on how serious the matter was, whether this was the first time the individual engaged in such behaviour or whether there has been a pattern of behaviour, how remorseful the individual was, how long the individual has been employed with the organization, how cooperative they were, and the overall demeanour of the individual throughout the process.
In addition, unfortunately, some organizations will also consider how valuable that person is to the overall short term success of the organization. In the Animal Advocacy Movement this can sometimes mean considerations such as whether they have ‘friends in high places’, whether they bring in substantial donor dollars, and whether they are working on high profile projects. When an organization considers these kinds of factors in their decision making, they are, frankly, not only devaluing people and all animals, they are damaging their own reputation in the long term, and they may in certain circumstances be violating the law.
The reality is that organizations do not always do the right thing.
So, if Bob feels that his organization did not do the right thing, or if Bob is not satisfied with the process or the outcome, what can Bob do? Well, at that point, or frankly at any point during the entire process, Bob can get external professional help. Bob can call a lawyer, if Bob is a US employee he can go to the Equal Employment Opportunity Commission, if Bob is Canadian he can contact any provincial human rights tribunal, and/or Bob can find a pro-bono legal service in his State or Province. The same holds true for most other countries - calling a lawyer or finding a mechanism for free legal advice is available in many countries.
But, won’t it hurt the animals if Bob does that? No - emphatically no! It will hurt the animals if a culture of bullying, harassment, and discrimination is left to fester. That is what will hurt the animals.
We are all activists. We fight for animals every single day. We need to fight for each other and for ourselves as well.
I want to help to empower you to be the best activist you can be. Please reach out with any questions and I’ll try to answer them in future blogs, anonymously of course!
Always for the Animals,
Krista
P.S. One note that I wanted to add is that all good organizations should encourage their employees to come forward with concerns they may be having. Not only that, they should also encourage employees who are by-standers to inappropriate conduct to come forward. Healthy organizations will always work to solve concerns, be they minor, or in the case of Bob, major. While there are consequences when employees bring forth concerns that are falsified, truthful and genuine concerns should always be welcomed. Help us all ensure that all groups in the Animal Advocacy Movement are places of respect.
This blog series is provided for general information purposes only. It is not intended to provide legal advice or opinions of any kind. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice.
The intention of this blog is to promote the longevity and engagement level of the activist community within the Animal Advocacy Movement (AAM). The majority of the advice will be geared towards employees within the AAM in Canada and the United States, but may be applicable to other countries. All information provided assumes that the employee works within a non-unionized environment.
Krista spent the first 15 years of her career in human resources including as the Vice President of HR for one of the largest tech companies in the world. Krista then founded a boutique employment law firm in Toronto where she consulted to employers across Canada and the U.S. for a decade. To pursue her true passion, Krista sold her practice to lead Mercy For Animals in Canada where she led twelve undercover investigations into factory farms and slaughterhouses. Today Krista consults with animal protection organizations across North America on matters of organizational development. In addition to holding five degrees and designations in human resources, she is pursuing her doctorate focused on the employment experiences of animal rights activists.