Sexual harassment: a fair approach
Sexual harassment can, of course, be perpetrated by both men and women and against members of the same sex, as well as those of the opposite sex. Certainly, an exaggerated sense of political correctness can, on occasion, obscure the truth of an allegation of harassment — sexual or otherwise.
However, it is equally true that a disregard for so-called political correctness — a term that invites parody all too easily — can also obscure the truth.
Given these two extremes, it is essential that such complaints should be investigated with the necessary rigour
— that is, with due regard for precedent and consistency and without partiality for either the complainant or the alleged harasser, of whatever sex or position.
Unfortunately, not all employers investigate allegations of misconduct in such an even-handed way, as the growing body of evidence relating to the investigation of disciplinary cases in my own employment sector indicates very clearly.
Consider, for example, the very divergent treatment of two people by the same institution during the same timeframe.
One was suspended, banned from his place of work and had his movements monitored by security staff as a result of one woman’s allegation of a one-off episode of ‘physical intimidation and harassment’ and before he was given an opportunity to defend himself.
In contrast, a very senior person against whom allegations of an arguably more serious nature were made (six years of sexual harassment of a highly physical nature) continued to wield power and position and was even promoted during the course of both an internal investigation and an investigation by the Equality Tribunal.
The internal investigation claimed that the complainant had no right to object to being kissed by the senior colleague: “X [senior colleague] agrees that there may have been physical contact, eg a kiss (in greeting) on the cheek or an inoffensive embrace on meeting. This may appear unusual to some eyes but seems to be perfectly acceptable practice in many parts of a community of which Y (complainant’s name) is very much a part.”
Discrepancies such as these indicate only too clearly that all individuals, of whatever sex, are at the mercy of inconsistent investigative procedures which would seem to sacrifice truth to convenience and, undoubtedly also, to vested interest.
They also underline the urgency of establishing a truly independent body to monitor the investigations of complaints of this nature.
Dr Sarah Alyn Stacey
French Department
Trinity College
Dublin 2
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