Could Herman Cain Have Avoided This Mess?

Rebecca Mazin
Wed, 02 Nov 2011 07:58:00 +0000

This week Herman Cain is making headlines for more than his rapid rise in political polls.

It's no surprise when a determined reporter digs up dirt on a candidate for any office. On the national stage of a Republican presidential campaign revelations and responses get the full onslaught of media attention.

Yet as Cain gets scrutinized for dribbling out statements after reports surfaced of sexual harassment claims initiated while he headed up the National Restaurant Association, he's missing the boat by quibbling about whether the incidents ended in settlement or agreement.

'I Didn't Know It Was Offensive'

In more than 20 years of investigating claims and conducting training on preventing harassment and discrimination in the workplace I have only encountered two situations where managers admitted to intentionally crossing the line.

I never expected the first-line supervisor from a retailer to announce during a training class, "I'm just trying to sleep with every woman at work, Human Resources seems to have a problem with that." The more than two dozen participants were silent as I told the man, "You and I can discuss that during the break."

During a one-on-one "sensitivity" session for a repeat offender he made it clear that slanderous remarks about religion and national origin had been designed to get one employee to quit. This construction supervisor had figured out numerous ways to consistently push the envelope without getting fired. I'm not sure why HE wasn't fired.

The more common scenario, however, is when the accused is faced with allegations and they respond, "I had no idea it bothered him. Why didn't he just say, 'Please don't put your hand on my arm all the time?'"

The harassment that results in a hostile work environment is based upon potential discomfort identified by an employee. The clueless, tasteless, raunchy photos or emails are easy to spot; comments and casual contact are tougher calls.

Herman Cain seems to get this part of the harassment equation. In denying allegations he stated, "But as you would imagine, it's in the eye of the person who thinks that maybe I crossed the line."

Planning for Prevention

The best way to prevent claims of harassment is to create a consistent policy prohibiting inappropriate behavior, provide good training, and investigate and respond to complaints. Training needs to be more than a one-time event. It must be repeated; once a year is preferable. Using new trainers, content or highlighting headlines will keep material fresh.

Training combined with prompt, thorough investigations and action supports a work environment where adverse behavior is not accepted. It's the kind of workplace where people come to work without fear, are comfortable, and don't feel that they have to compromise ethics to earn a paycheck. Effective investigations and actions include avoiding favoritism for employees who demonstrate undesirable behavior.

When harassment has occurred prompt action may include discipline or payment to a departing employee. Payments are most likely to be made to avoid litigation or continuation of claims. And yes -- small employers may decide to write a check when the facts are not clear.

It really doesn't matter whether it's called a settlement or agreement. I have never seen a settlement agreement written that says, "The president of the company screwed up, harassed and created a hostile environment. Based on her boorish behavior we are paying the male manager subject to derision for eight months of work and giving them a fabulous reference."

It's more important to figure out how to rid the workplace of harassment and get everyone back to work without concerns about consistent discomfort.

Rebecca Mazin uses her experience and talent as a consultant, writer and management trainer to create usable solutions for employers to meet increasingly complicated human resources challenges. She is the author of The Employee Benefits Answer Book; An Indispensable Guide for Managers and Business Owners and co-author of The HR Answer Book; An Indispensable Guide for Managers and Human Resources Professionals. Follow Rebecca on Twitter @thehranswer.