Gender Bias and the Foreign Client

Author(s): Sohan "Billy" Lall

What Do You Do When a Client Harasses One of Your Employees?

Background Information

The conventional approach to treating Anorexia Nervosa, was to take the victim and in isolation, study what the problem was. Hopefully, then, by observing the individual, perhaps then with a change in diet, a few drugs, or a psychotherapy session, the problem could be resolved. More recently, it has come to light that like most mental aberrations, anorexia is a situational problem, i.e. it is the context that produces the problem, and therefore one must also observe that context. This brought rise to looking at "systems" as a problem-solving approach. It was found that to a large degree, Anorexia Nervosa, was a social problem, a problem in the family. Certain interactions in the family produce ideal environments for Anorexia to develop. It is no mistake or chance that Anorexia affects young white middle-class women more than any other group. The importance of this is how this relates to harassment and discrimination. Like Anorexia, Sexual harassment is not just the "victims" problem. It must be looked at in context - this includes the looking at the individual, the family, the workplace, and the culture among other things. From 1987 to 1991, Klein Associates of Cambridge conducted confidential surveys.(Information for this survey was retrieved from "The case of hidden harassment": by David Niven, H.B.R.1992) of major U.S.-based corporations to assess employees' perceptions of sexual harassment and sexual discrimination in the workplace. In national surveys, when employees are asked if they have been sexually harassed, the average annual response rates are 15% women and 5% for men. But when asked in the Klein Associates survey if they have been subjected to the legally defined forms of unwanted sexual attention listed in the following chart, employees report considerably higher numbers: Employees who have experienced sexual harassment find most organization complaint systems don't offer enough confidentiality or protection from retaliation. Further, as employees experience multiple or extreme incidents of sexual harassment, their opinion of their companies, mangers, and job declines. This data shows one glimpse of the extent of harassment in the US. Harassment is a major disabling force and like racism, and other forms of discrimination, it warrants the attention of male and female, of black and white, of young and old. Unfortunately, harassment on the international scene, to a large degree, is more prevalent than in the US. In Japan, for example, sexual harassment has only recently become a legitimate word in the media, and even then it is often trivialized. In fact, up until April 1992, there have been only three sexual harassment suits filed. For Americans traveling abroad, harassment on international soil poses many problems. Some countries simply do not recognize harassment, some tolerate different levels and have quite different standards than their American counterparts. Some occupations, such as consulting, require employees to meet extensively with clients many of whom are foreign. It is the company's and manager's responsibility to ensure that its employees are free from harm. But as a manager, "What do you do when a client harasses one of your employees? ". This is what I explored in this project.

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Purpose and Motivation

It has been claimed that harassment is an issue of power, not of gender. While this may be true, this only re-enforces the need to look at the system or context in which harassment occurs. I decided to look at harassment i) in the workplace and ii) concerning a foreign client, for a number of reasons. I foresee myself in a position some time in the future where I might be supervising, and perhaps working on international assignments. Harassment concerns me, because as a victim of racism while growing up, I can relate distinctly to the experience. Further, I have a twin sister, and am particularly aware of the different, and oftentimes demeaning, ways she is treated by the very people who treat me well. I am alarmed at the lack of men who are concerned or knowledgeable about the subject. As a male feminist, I have a special stake to educate myself and others.

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Sources

For this project, I needed to interview persons who were knowledgeable about harassment, and who had significant experience in resolving harassment cases. I decided upon Mary Rowe, the special assistant to the president, ombudsman, and professor at the Alfred P. Sloan School of Management at M.I.T., who has had significant exposure both as an academic and ombudsperson to harassment. And Freida Klein, a national expert on issues pertaining to sexual harassment, from Klein Associates in Cambridge.

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Roadmap

In the following sections, I will describe the actual up-dated scenario which I presented to each of the interviewees, and the questions. Then I will describe the transcript of the interviews. I met Mary Rowe in person, but could only reach Freida over the telephone. Finally, I summarize the findings and conclude: Gender bias the foreign client (This is written form the perspective of a male manager). You've just been promoted to Senior Consultant at Klepner Associates, a "start-up" consulting firm. Klepner is a firm that succeeds by emphasizing the needs of its clients. After a few years of doing quite well in the already saturated consulting market, Klepner is now experiencing a downturn and is beginning to lose business. Everyone in the firm knows that 'maintaining' client relationships is the key to survival. Indeed there is a sense of urgency among the consultants to emphasize client satisfaction above everything else. Recendy, a government mandate required the acceptance of women into the firm after a complaint of exclusionary action. As a response, the firm hires Janet, a top graduate from MIT, and she is placed under your management. You assign Janet to a new half million dollar project proposal that has just come in from Techy Inc., a computer firm located in country X. Techy is by far Klepner's largest single client currently accounting for about 50% of the business. Although Janet is new to the firm, you feel she is perfect for the position - to a large degree because of her excellent computer background, her fluency in "Xish", and her assertiveness - vital ingredients for a success on this project.

You have great faith in Janet, and while flying abroad to Techy in country X you both discuss the strategies you will employ to help close the deal . By the time you arrive you both feel confident that every possible outcome has been explored. While you're there, much to your dismay you notice how awful they treat Janet - they listen when she talks, but they don't address her at all, only respond to your ideas, and further, they make demeaning comments about her. They feel disrespected and uncomfortable with the fact that she interrupts the men, and say that Klepner is disrespecting them by sending such a woman. You say she's your best consultant, but you realise you'll have to be slow and patient to win this deal. Janet in private tells you how she herself feels her Engineering Phd is disrespected. You call your boss but he's s not very sympathetic when you tell him what's been happening:Look, you're the bloody manager ok! Do what you need to do and stop pestering me with all these trivialities. If she's causing problems then take her off the damn project or fire her, ok? Just keep the Techy's happy! If we lose their business over this, we're screwed, and you're fired. Before she came in, we never had any problems before.

A couple days pass. That night one of the males from the client team informs you that the CEO wants to meet with you - alone. Over dinner you realise you're close to signing the deal. Then he enquires about Janet... What do you do? A Few More Twists...The following day, an hour before the papers are to be signed, Janet approaches you. She looks awful, and confides in you that she was harassed the previous night. "Those animals! What can I do?" She threatens bringing up harassment charges. What can you do? Eventually the deal is signed. Upon returning back home, you overhear the other consultants talking about Janet: "I told you, women just bring problems", "She couldn't handle it", "She's too sensitive", "We shouldn't send them on these trips", She's not cut out for the business world." How do you respond to a situation like this? Finally, a couple months later, it's evaluation time. In your eyes, Janet has been working really well, and you give her your highest recommendation. However she fails to get promoted. Obviously your boss and colleague thought otherwise. Janet, complains to you about the situation. Being a start-up firm, there are no policies pertaining to harassment or What do you do?

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Interview #1 Mary Rowe

Special assistant to the president, ombudsman, and professor Sloan School, MIT So Mary, what do you think? What's your initial reaction? Janet must conform... to the customs of the local country. Can she legally bring action against Klepner or Techy? As far as I know, there is no current law which allows Janet to legally bring a complaint against Klepner or the individuals at Techy Inc. You cannot assume that American law will hold in foreign countries. Nowadays, most companies will not blame Janet. They will send her elsewhere where she's not likely to be harassed or discriminated against.What if she refuses to conform? It is important to note that Janet is usually the first to compromise. I've never met a Janet that didn't. She doesn't want to endanger the company, and this obviously might make her even more enraged. Janet has to behave according to the norms of the country - such as not crossing her legs, or exposing her arms. Most women in fact do conform to accepted norms. To be safe and successful, she must conform. As a manager, what can you do? The manger can raise the issue within the firm, and some policies which may be against US law might have to be followed. Specifically, though, how could the manager accomplish this? I would embark on conversations with Techy team when they visit the states. I would have them visit my female consultants can have them as gender free as possible. Over the conversation I would talk about US law, putting everything in their terms. When there's harassment or discrimination in the firm, what should the manager do? Obviously, the manager/senior consultant should not participate in the harassment or gender-bias. If this is exhibited by the foreign client, the manager should work on a long term plan to deal with this. If the harassment comes from above, like from the boss, then the manager needs to raise awareness in the firm. Don't let it get to evaluation time. In small or start-up firms such as Klepner, when there are no policies or procedures for dealing with harassment, what can a manager do? In the absence of any policy, there is a defacto policy -- a long term plan. There are also Federal and State laws. eg When a foreigner visits the US, Janet cannot be excluded from a meeting on the basis of her gender. ...In a foreign country you might be acting according to the foreign countries laws, but not according to US law. In most cases you should act in accordance with local law. There sometimes arises the issue of equal rights vs safety. In the New York police force for example, all automobile patrol persons must fill up the gas tank before they leave. For women and minorities in certain neighborhoods, working late shifts can be extremely dangerous. Because of the safety hazard, in some districts, they are excluded from the late shifts. This could be regarded as discrimination, but safety is the primary concern. The same applies to harassment. In general then, what would you recommend to managers as a general approach to deal with issues of this nature? The trend now is for managers to be direct. How would I respond if I were a manager? In 1980 I probably would have kept my mouth shut, but now we're in the '90's. I would talk openly and directly with my boss and colleagues, and seek help when necessary. The issue needs to be confronted.

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Interview #2 Freida Klein

National expert on issues pertaining to sexual harassment Klein Associates, MA Initial reaction: complicated and very realistic. There's both a legal and a practical matter. The legal matter - it's not automatically illegal to take Janet off the project providing you have a comparable project to put her on, such that her career options or earning are not adversely affected. As a practical matter - involve Janet in the decision making. How, what do I say to her? give her options and let her choose, like: "What kind of backing do you want from our firm to make it possible for you to succeed?" or " Is this treatment so discouraging that you want to leave?" But what if the client doesn't want Janet, or any woman telling them what to do? If the client wants you to replace Janet, find out from them what their specific concern about Janet is. "What skills is she lacking?" Force them to articulate performance criteria and to get away from gender bias. What if the problem is cultural or religious? this is more difficult. Some cultures or religions forbid men to interact with women in this fashion. If it's cultural or religious then the company needs to address this before hand, as a preventative measure. Legally, what can Janet do? According to the civil rights act of 1991 Janet does have a legitimate legal claim - there are laws which cover one's employment relationship regardless of who the perpetrator is if the employer forced Janet into this situation.If Janet is physically or sexually assaulted by a client it depends on country X's law, not US law. US law does not hold on foreign soil. As in Klepner, a stifling climate was developing. What can a manager do when his/her colleague are behaving this way? Good companies train managers preventably. Be aware of victim blaming. Be very careful in dealing with the feelings of all parties. I would ask a well respected sensitive person in the hierarchy of the firm to bring up the issue at a management meeting and analyze if she's really at fault. Understanding the climate of the organization is of paramount importance: Is it one in which people are punished? Or open dialogue. Again find a powerful ally. In the absence of a policy, what can a manager do?The absence of policy or procedure is a legal problem. Stress the importance of prevention. How? for example, contact the head of Human Resources, someone with knowledge and power, to help deal with this situation. Stress the importance of clear performance criteria that are not inherently biased. Make sure everyone is knowledgeable about the firms policies and procedure - make sure they get in place soon. If there are no firm wide procedures then get a team together, talk about the respectful treatment of others, and the right to challenge a decision.

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Conclusion

This project brought to light a large array of issues, some of which I would have liked to pursue in more depth. Sexual harassment is a world-wide problem, akin to forms of discrimination such as racism. Fortunately, the tide is beginning to turn, and with education and awareness, employees will know what their rights are, and not have to fear reprisal. As Freida Klien said, it's all "about the respectful treatment of others". I benefited tremendously from this study.

The following describes some of the key aspects that learned, and which all managers need to know:

  • Be aware of the laws - both in the US and in the local (foreign) country
  • Look out for both the client and your company
  • Wherever you're going, know the culture
  • Be open and direct.
  • Try to involve the harassed person in the decision making.
  • Respect privacy.
  • Get help from above, from someone with power and knowledge in the hierarchy
  • Use preventative measures when possible. Be aware of possible situations and plan accordingly before they occur. Ugly situations can be prevented with just a little fore-thought and research.
Cite this page: Sohan "Billy" Lall "Gender Bias and the Foreign Client" Online Ethics Center for Engineering 8/7/2006 3:51:35 PM National Academy of Engineering Accessed: Friday, January 09, 2009 <www.onlineethics.org/CMS/workplace/workplacediv/divmiscproblems/slclient.aspx>


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