Guide to Handle Workplace Harassment
Workplace bullying and sexual harassment are developing areas of law in the Middle East. Laws governing these issues are less developed in the GCC than elsewhere. We can expect that more regulation will come in the coming years based on recent developments in the HR policies in UAE.
Sexual Harassment
While performing their duties, employees have the right not to be harassed in any way. Due to the growing popularity of the “Me Too” movement, workplace harassment has gained a lot of attention. A supervisor or someone in a position of authority may harass a subordinate by asking for a sexual favor in exchange for a job benefit, such as a promotion or raise. The presence of sexually offensive behavior creates a hostile workplace.
Non-Sexual Harassment
The act of harassment does not necessarily require sexual motivation. Non-sexual harassment includes sexual harassment caused by racial, religious, ethnic, sexist, national, or ethnic differences, as well as disability or genetic information. It is possible to commit a number of offenses, including insults, epithets, threats, and ridicule. If they have no power over the victim, they can engage in any type of harassment, regardless of whether they are a coworker, vendor, subordinate, or supervisor. Here is list of actions the company must take when abuse is registered.
Conduct a Timely Investigation
Any formal or informal discrimination complaint must be handled by an independent, third party, usually Human Resources. In many employment laws, it is mandatory to carry out a thorough investigation of legal complaints as part of good business practice. Complaints should be handled by employers in a timely fashion, and if needed, corrective action should be taken. In the course of the investigation, the investigator should inform all individuals involved that whatever information they obtain will be kept confidential. When possible, in-house counsel should be brought in to provide assistance.
Provide Closure for All Parties
Once the investigation is complete and a decision has been rendered, the employer should notify both the complaining staff member and the accused. The inquiry should be conducted in a discreet manner. An investigator should follow up with the claiming party at a reasonable point after the investigation to see if the person is adjusting to work and whether further assistance is needed. A harassment investigation must result in appropriate repercussions for the offending employee.
Document Investigation Results
The employer should document every step of the investigation, including the claim itself, the employees interviewed, the interview notes, including the date, time, and length of the interview, and any corrective actions taken. The documentation will provide a timeline and investigation road map to the employer if the employer is sued in the future.
HR consultancy companies in Dubai have started implementing harassment policies in the offices.
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