The recent reports of workplace harassment, especially in the tech industry, are nothing short of appalling.  Some of the biggest tech companies in the world, from Uber to Squarespace, have found themselves at the centre of harassment scandals as more and more people come forward to unveil their traumatic experiences. With a shocking 60% of surveyed women working in tech in Silicon Valley saying they have been subject to unwanted sexual advances, the time for action is long overdue.
 
Let’s be clear, harassment comes in many forms – be it sexual or otherwise – and it is certainly not confined to the tech industry. While the Employment Equality Acts are in place to ensure all employers are obligated to prevent harassment in the workplace, more can be done when it comes to developing a workplace environment that stamps out harassment of all kinds.
 
Being the go-to department for dealing with harassment in the workplace, HR is crucially placed to help companies knock both harassment, and bullying, on the head. Of course there are many ways to tackle this issue – from having harassment policies in place to disciplinary action, however, there’s one aspect of business which is becoming increasingly important when dealing with harassment in the workplace: company culture.
 
So, here are 4 ways in which organisations and HR professionals can promote and uphold a strong company culture that is open, fair, and fosters the necessary conditions to help prevent harassment in the workplace.  

1. Ensure Voices are Heard

Speaking out is often one of the hardest things to do for victims of harassment of any kind. Organisations simply must create a company culture where speaking out about problems or issues, no matter how big or small, is the norm. This relies on HR professionals ensuring that all employees are encouraged to speak their minds and are not afraid to express how they feel.
 
Importantly, what may seem like a small issue to one member of staff may not be for another. It is vital that HR departments realise this to ensure that harassment in all forms is being prevented. Giving employees both the confidence and the platform to talk about issues affecting them at work creates a company culture that promotes fairness and equality. When employees know they have a voice and are being listened to, it’s more likely for them to find the strength to come forward - in turn creating an invaluable company ethos and team spirit.

2. Clear the Grey Areas
 
When it comes to identifying and stopping workplace harassment it is very important that a company, as far as possible, sets out policies that are void of grey areas. This means generating a culture that is always open and crystal clear with what is, and is not, tolerated in the workplace. In turn, each and every employee must know the boundaries which cannot be crossed. One person’s joke may be another person’s insult – HR professionals must always keep this in mind and treat every issue of harassment with the seriousness it deserves. In a nutshell, the clearer an organisations policy is, the less likelihood of grey areas.

3. Keep Check on Positions of Power

Unfortunately, abuses of power are often the cause of workplace harassment. It is vitally important, therefore, that HR professionals make sure to treat all members of staff on a level playing field when it comes to dealing with issues of harassment. Remember, there is a vast array of different types of harassment, which may be hard to detect. For example, not giving someone a promotion due to their age, gender or race, is a form of harassment that HR professionals may not spot at first. So, it is astutely important to keep an eye on the inner goings on of the office, especially the power dynamics, to prevent all forms of harassment. Creating a company culture that bases its management system on respect and fairness throughout its ranks will go a long way to helping stop workplace harassment.
 
4. Promote Diversity
 
Last, but by no means least, harnessing a company culture that both promotes and champions diversity is key to preventing workplace harassment. As businesses diversify more and more, drawing in talent from all over the world has become an essential way for organisations to increase talent acquisition, productivity and profitability. After all, it is only through a diverse workforce that businesses can have a fair, well-measured opinion on the requirements of its customers. Of course, HR professionals need to be aware that a melting pot of cultures and opinions can lead to more workplace clashes and managing this is a crucial aspect of HR nowadays.

Clearly, company culture is not a silver bullet for dealing with workplace harassment. However, upholding a strong company culture that encourages employees to speak up and promotes diversity can go a long way when it comes to tackling workplace harassment. Businesses striving to create the most open, fair and value driven processes they can is no longer an option - it’s a necessity.
 
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As I stressed in a recent blog, workplace diversity is absolutely essential for business. Importantly, employers must be aware that with an increase in diversity comes an even greater need to both monitor and combat workplace discrimination. Of course, the Employment Equality Acts 1998-2015 outlaw all kinds of discrimination, from age to race to disability, to name but a few. That being said, one particular area of concern when it comes to workplace equality is the fact that the gender pay gap in Ireland has widened over the past 5 years.
 
According to a recent report there was a 14.8% difference in median pay between men and women in Ireland in 2015 – up from 8.3% in 2012. This is a very clear example of discrimination and is something all employers should be aiming to eradicate. Recently, in a case involving Google, the US Labour Department (DoL) has accused the global tech company of ‘extreme’ gender pay discrimination. According to reports in the press, Google continues to deny the accusations and has repeatedly refused to hand over the data regarding its compliance with US equal opportunities law.
 
In light of the ongoing Google case and the Irish pay gap statistics, I’d like to return to some of the key issues around how employers can combat and overcome the gender pay gap issue while promoting equality and fairness throughout their organisation.

1. Compliance
 
It is of paramount importance that employers strictly adhere to the rules regarding equality in the workplace laid out in the Employment Equality Acts 1998-2015. The legislation was created to protect the rights of all workers, and includes a specific section on compulsory equal pay for like work. In the case of Google, despite being legally required to allow the US Labour Department to inspect their records, the company has refused to provide the information, claiming it would be a violation of employees’ privacy.

Obviously valuing employee privacy is hugely important, however companies need to ensure they are forthcoming with legally required equality information in order to avoid potentially costly litigation battles, like the one Google finds itself in at the moment. Furthermore, it’s essential that employers are aware that a claim filed by a member of staff for unfair work practices to the Equality Tribunal can lead to an order for equal pay and up to three years of pay in arrears. Better to comply than to be subject to legal battles which could harm a company’s reputation as much as its finances.
  
2. Transparency
 
Speaking of reputation, refusing to provide information and statistics on matters of equality in the workplace certainly has the potential to raise eyebrows. A company that gives the impression it has something to hide with regard to equal pay comes across as suspicious and this can negatively impact upon employer branding. In an age when the battle for talent is so fierce, it’s vitally important to not only to ensure equality in the workplace, but also to openly promote values of fairness and equality. Providing information on matters of equality within the workplace, especially when it is legally required, is integral to this and will pay dividends when it comes to creating a company culture that aims to attract the best employees.
 
3. Reaction Followed by Action
 
The best way to tackle a pay gap in an organisation, of course, is first of all to identify and acknowledge the problem. It is advisable, therefore, for employers to conduct an internal pay gap audit and then adjust company policies if necessary. Remember, when it comes to avoiding gender discrimination in the workplace, employers need to look further than just the pay gap. Ensure all company workplace policies, from bonuses to flexible working hours to promotions, are fair and equal for all.

In the Google case, the Department of Labour say they want the information in order to “understand what is causing the disparity, ” while Google continues to refute the claims that it underpays women. Whatever the final judgment in the case, a lesson for all employers should be to investigate their own employee pay scales, fix any pay discrepancies if necessary and make the information available should it be legally requested. This avoids unwanted suspicion, improves company reputation and ultimately helps businesses attract and retain talented employees.
 
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Ireland has become an incredibly diverse country. A short stroll through Dublin City and you’ll quickly notice how cosmopolitan it has become. The wealth of different cultures brings a real buzz to the city and a host of original views and ideas to the workplace.
Migrants now account for an estimated 12.5 percent of the Irish population* and there can be no doubt about the significant contribution they make to the workforce. However, such a varied labour force also presents a number of new challenges for employers. Chief among these is enforcing a single language (usually English) usage policy. Indeed, many business owners are often left wondering if such a policy is even legal.
The short and sweet of it is yes…PROVIDED you can objectively justify its enforcement.
A great example of this is the recent case taken against McDonalds by two Polish workers on the grounds that its English only policy constituted discrimination based on race, which appeared in the papers just last year. The Equality Tribunal sided in favour of Kellydan Ltd t/a McDonalds based on the arguments it put forward that justified its English only policy, namely:

• from a health and safety perspective,
• from a business efficiency perspective and
• from an inclusion perspective

It’s worth noting that the Equality Officer, Caroline McEnery, was satisfied that any one of these three reasons justifies the use of English as a business language and that the complainants had failed to establish a case of discriminatory treatment.
So how do you introduce and enforce a language policy that will keep you on the right side of the law? Here are three considerations for employers:

#1. Include it in Your Staff Handbook and Brief Staff
Any and all employment policies should be included in your company’s staff handbook and all employees should receive their own copy of the handbook. In this case you should state clearly that English is the operational language of the company. While you could argue that its inclusion in the staff handbook is enough, actively working to ensure all employees understand the policy being introduced and are aware of the implications associated with breaching the policy – through training, etc. – provides a much stronger defence if ever a case is brought before the Employment Equality Tribunal.

#2. Be Objective
The Cambridge Dictionary defines objective justification as “a legal reason that allows an employer to treat someone in a different way to other employees, especially relating to reasons of age, physical ability, etc.” At first glance, insisting that all staff speak one language, even if it is not their native tongue could appear discriminatory. However, as McDonalds demonstrated, the reasoning behind this policy was sound and in the interest establishing clarity and better communication between its 304 employees, many of whom are not native English speakers.

#3. Support Your Staff
McDonald’s supports staff, whose native language isn’t English, by providing access to paid for English classes and other training through English. This demonstrates the company’s commitment to employee development, investment in inclusion by promoting the use of one language regardless of nationality, and patronage of workers in line with its policies.
Very often these kind of activities fall under the remit of employee wellness, an increasingly important element of the human resources function today. Aside from strengthening your defence in such cases, it has been shown to lower attrition and boost employee satisfaction. And that generally means more productive staff.

#4. Document the Employment Process
In addition to demonstrating the objectivity of the policy, the respondents in the case mentioned above were able to refer back to their recruitment procedure, highlighting that it was carried out in English and that the claimants had indicated on their CVs that they had some standard of English. Adding this to my second point made a strong case against the complainants, which the Equality Officer herself felt did not support the complainants’ contention that they did not have a reasonable standard of English.
It is good practice to document your employment process, filing applications and CVs, recording any notes from interviews, etc.

#5. Be Flexible
Consistent enforcement of any company policy is important. However, a liberal approach to one such as business language is often best. In the case above, it was made clear that the policy was only enforced while on the shop floor and office areas, and that they were free to speak in their native languages in the canteen and during their break.
This is in-line with the use of English as your company’s business language. In situations where language is not pertinent to the effective running of the business staff should be allowed to communicate in the language of their choosing.
 
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• http://www.mrci.ie/wp-content/uploads/2015/11/MRCI-All-Work-and-Low-Pay.pdf