Why a ‘zero-tolerance’ approach to sexual harassment in the workplace is a false promise and should be avoided
Content note: mention of sexual harassment including rape and sexual assault, no specific incident details shared.
Stating you take a zero-tolerance approach to sexual harassment implies you will follow up or even implement a punishment every time sexual harassment takes place. Before you use this phrase ask yourself, is this an ambition or a reality? Is punitive action always appropriate or possible when dealing with all forms of sexual harassment? Who does this promise serve, people who experience sexual harassment or the organisation and its reputation?
The impact of zero-tolerance policies in the workplace
When it comes to sexual harassment, a zero-tolerance approach would involve an organisation taking action against a perpetrator for every report of sexual harassment that they receive.
We understand that organisations choose to state their ‘zero-tolerance’ approach to emphasise a strong commitment to preventing sexual harassment in their workplace. The intention behind adopting a zero-tolerance approach is good, and with the new Worker Protection Act coming into force on 26th October 2024, it’s excellent to see organisations taking steps to communicate their stance on workplace sexual harassment to their employees, making them more likely to be judged to be compliant with the new law. However, claiming you have a zero-tolerance approach can be counterproductive in preventing sexual harassment in your workplace, and here’s why.
Zero-Tolerance Policies Often Don’t Reflect Reality
Zero-tolerance policies are a contradiction to themselves. They suggest that after every incident of sexual harassment, there will be a dismissal of the staff member who was the perpetrator. In our workplaces, there is overwhelming evidence that this does not happen in practice. Claiming to have a zero-tolerance approach leaves the targets of sexual harassment severely disappointed when such action isn’t taken.
Sexual Harassment Comes in Many Forms
The behaviours that constitute sexual harassment under the Equality Act 2010 are varied. Unwanted conduct of the sexual nature can mean many things. There are of course some behaviours which are likely to result in a formal grievance procedure and dismissal, such as groping, flashing, sexual assault and rape. However, there are other covert, insidious behaviours which constitute, or create a culture which enables, sexual harassment which it would be unfair and unjustifiable to dismiss someone for., Sexualised innuendos, sexualised jokes, gossiping about or asking invasive questions about someone’s sex life or outing someone as being LGBT+ at work, to name just a few.
There are forms of sexual harassment that are tolerated and do not lead to punishment because they do not meet the threshold for ‘unacceptable behaviour’ under disciplinary policies. But if this is the case, how can an organisation claim to have a zero-tolerance approach?
Why Zero-Tolerance Policies Can Damage Trust
When your organisation claims to have a zero-tolerance approach to sexual harassment, yet reports of sexual harassment do not lead to significant action such as dismissal, you will lose the trust of your employees, and your approach could be seen as meaningless. A false promise to protect your reputation, not your people.
Zero-Tolerance Policies Can Discourage Reporting
Furthermore, a zero-tolerance approach can deter employees from speaking up about their experiences of sexual harassment, as they are worried that the inevitable consequence of the report will be a dismissal of a colleague. People who experience sexual harassment often don’t want to feel responsible for someone losing their job. Many fear being blamed or what the repercussions will be on them and their career. They may just want the line manager to have a conversation with the perpetrator about their behaviour in the workplace and how it’s making other employees feel. Proportionality and working with the targets of sexual harassment should always be at the centre of any approach to addressing it.
A More Nuanced Approach to Addressing Sexual Harassment
Organisation’s must be more nuanced with their messaging and stance on sexual harassment. There are plenty of ways to show your organisation’s commitment to sexual harassment prevention work that don’t involve a zero-tolerance statement or policy.
Communicate that sexual harassment is unacceptable, that you want to understand the extent of sexual harassment in your workplace and that you want to be informed about sexual harassment in all its forms.
Just because the more covert, insidious examples of sexual harassment in the workplace, what people may consider the ‘smaller’ incidents, may not currently lead to employee dismissal, it doesn’t mean that these behaviours shouldn’t be brought to the attention of an employer and shouldn’t be taken seriously. There’s plenty of research to demonstrate the cumulative negative effects of everyday sexualised comments and their ability to create cultures where more severe forms of sexual harassment are enabled.
You should encourage your employees to speak up about all experiences of sexual harassment and other culture-damaging behaviours. Knowing about the nature of sexual harassment in your workplace, including the more covert examples can inform the next steps you take to work against these behaviours and improve your culture.
Communicate the different actions you can take to respond to reports of sexual harassment
Communicate to your employees the range of actions that your organisation can take in response to reports of sexual harassment, beyond employee dismissal, such as;
- Verbal or written warnings
- Line manager interventions
- Training
- Increased supervision
- Moving the perpetrator within the organisation
- Counselling
- Facilitated team conversations
- Mediation (where appropriate)
By promoting this range of potential actions you can take, you are removing a barrier to reporting within your organisation which exists when employees fear feeling responsible for another colleague’s dismissal, or fear that their experience of sexual harassment is not significant enough to report.
Acknowledge the Challenges in Addressing Workplace Sexual Harassment
Communicate that you understand you have challenges in relation to sexual harassment at work within your organisation, and you are committed to proactively taking reasonable steps to prevent sexual harassment within your workplace
The Problem with ‘Zero-Tolerance’ as a Buzzword
The phrase zero-tolerance has become a buzzword that organisations put in their communications to sound like they are taking a firm line. In reality, it sets expectations that the work has already been done, and it puts organisations in a position where they are vulnerable to losing the trust of their employees in relation to this work when they can’t meet the expectations associated with ‘zero-tolerance.’
Transparent Alternatives to ‘Zero-Tolerance’ Messaging
We still have a lot of work to do to truly be able to say that we have a zero-tolerance approach to sexual harassment in our workplaces. Until we can say this, Culture Shift recommends you avoid using this language, instead opting to communicate messages which are more transparent and realistic, managing the expectations of employees and taking them on this journey with you, such as:
‘We are committed to working to prevent sexual harassment at work’
‘We are taking steps to prevent sexual harassment of our employees at work’
‘We are actively working to eliminate sexual harassment in our organisation’
For support with harassment in the workplace, check out our Training Academy.
