Sexual harassment in the workplace can arise in multiple forms leaving the victims depressed and ashamed. This puts employers in the spotlight as they are expected to provide a peaceful and accommodative work environment, which may make them vicariously liable for such incidents whenever they arise. In their article, Jackson & Bhatheja (2014) acknowledge the existence of this problem and give insights on how employers can avoid and prevent vicarious liability arising from the acts of others in the workplace. Among the strategies discussed herein is implementing a stringent policy prohibiting sexual harassment. This is quite an agreeable point from the article as it puts employers in a better position to defend them as it represents their intent in ensuring such acts do not arise. It is also quite agreeable that whenever an employer is aware of such acts, they should be held liable, especially when they take no action (Jackson & Bhatheja, 2014). However, the authors seem to focus more on the employers’ welfare without adequate consideration for the victims, which is quite biased.
Nevertheless, there are specific critical steps that employers can take to ensure they are safe from sexual harassment or other harassment claims. This starts with the development of a comprehensive policy that outlines what can be deemed to be harassment. Upon creating such, the employers should look into dissemination, wherein they introduce binding documents that all players must sign during policy introduction (Jackson & Bhatheja, 2014). This should be complemented with an intensive training program so that employees and supervisors understand the various forms and how investigations can be undertaken. Once this is achieved, employers can then focus on enforcement, wherein they facilitate research into harassment complaints with immediate consequences for perpetrators.
In the recent past, there has been a steady decline in union elections. This is attributable mainly to workplace harassment wherein workers are subjected to threats and forced to engage in anti-union meetings as part of their employment package. Another contributor to this decline is unions’ depreciated resources, which makes them weak in executing their agenda and less desirable (Dirnbach, 2021; NLRB, n.d.). The reduction is also a result of increased focus on quality over quantity, wherein the frequency of elections has been deliberately controlled to ensure that the few that are conducted are the best.
Nonetheless, specific steps must be undertaken to encourage renewed interest from employees in unions. This can start by creating an organizing committee that is inclusive and diverse with the mandate of increasing sensitization on unions and educating employees on the essence of unions. Additionally, one could look into developing a contract for the union and using it as a basis for negotiation (Green, 2018). It is also critical that elections are won for the union to underpin the union’s essence while also reinstating its power. A problem-solving program could also be vital as it would assist in sowing the union’s position in championing its people’s rights.
However, employers can also take specific actions to reduce interest in unionization. The first can involve fostering fair and consistent practices and policies that allow employees to be free and expressive (Smith, 2019). Additionally, they can ensure that employees get competitive benefits and pay from the onset, making them as comfortable as possible. Employers can also promote employee recognition and trust through development programs that prioritize the interests of employees. With these, unions will be made insignificant as employees will feel as safe, accommodated, and appreciated as possible within the workplace without needing external validation or assistance.
References
Dirnbach, E. (2021). Decline and fall: Union election trends and the failing NLRB strategy. Medium. Web.
Green, K. (2018). 7 ways unions can increase engagement in right-to-work states. UnionTrack®. Web.
Jackson, B. T., & Bhatheja, K. (2014). Easy as PIE: Avoiding and preventing vicarious liability for sexual harassment by supervisors. Drake Law Review, 62(3), 653–688. Web.
NLRB. (n.d.). Representation petitions – RC. National Labor Relations Board. Web.
Smith, A. (2019). Take 7 steps to minimize chances of unionization. SHRM. Web.