The Damage is significant
The damage caused by inappropriate behavior should not be underestimated—first and foremost on a human level. Victims of harassment may experience it as traumatic. Promising careers are derailed, and joy in life is lost. Organizations suffer economic damage because talented employees cannot thrive in a toxic work culture and may choose to pursue their careers elsewhere. In such cases, human capital literally walks out the door. Additionally, there is reputational damage, affecting both the organization and the individuals involved. After all, who wants to collaborate with companies or people who are under scrutiny? It is, therefore, a sensitive issue.
Inappropriate behavior is unacceptable and harmful. Everyone should be able to perform at their best without being intimidated by colleagues or supervisors who cannot control their temper. While it may sound obvious, reality shows this is not always the case.
The situation is rarely immediately clear
It’s not surprising that organizations tend to panic when a report of inappropriate behavior surfaces. The organization and the accused feel under attack. As rumors swirl around the coffee machine, the urge quickly arises to show, both internally and externally, that the matter is being addressed and that action is being taken. However, this eagerness to act can often lead to unintended mistakes.
There is a tendency to protect the victim and take disciplinary action against the accused. In cases of obvious misconduct, this may be justified. However, the situation is rarely immediately clear. Further investigation often reveals a more nuanced picture. The first question that should be asked is: What exactly does the reporter mean by an ‘unsafe work environment’? For example, a manager must be able to provide employees with critical feedback without it being immediately labeled as ‘inappropriate.’ A quick judgment can lead to the wrong conclusion. In such cases, not only is the reporter harmed, but so are the department, the manager, and the entire organization. The consequences are often significant and can reverberate for a long time.
Mariëtte Hamer’s guidelines
A healthy workplace culture is a shared responsibility, requiring good leadership and responsible employee behavior. Calmness and thoroughness in initiating and conducting investigations are essential. Good preparation can make all the difference. The guidelines provided by government commissioner Mariëtte Hamer to address sexual misconduct are a good starting point for developing policies.
The benefit of these guidelines is that they raise further awareness. However, the document is not legally oriented and does not provide insight from a legal perspective. This is a shortcoming. What do you do if your organization receives a letter from a lawyer holding you liable? The guidelines do not address this, even though it is important. A correct and respectful handling of inappropriate behavior must have a solid legal foundation. The guidelines, by the way, are not yet final. Hamer herself refers to them as a ‘prototype.’ She invites organizations to share their experiences so that she can incorporate them into a refined version.
Thorough Investigation
Every individual case of inappropriate behavior is painful. However, the heightened attention on such incidents also presents an opportunity to professionalize policies. This is urgently needed. Research into unethical and inappropriate behavior often leaves much to be desired.
Thorough investigation takes time and benefits from independence. The key is to focus on the facts, separating them from emotions and assumptions. Proper investigation is often a weak point, which is why Boels Zanders is investing in expanding its existing activities in this area. As a firm, we cannot solve the societal issue of inappropriate behavior, but when necessary, we can provide legal advice or conduct expert fact-finding investigations.
