Statement of Nooshin Nathan Chief Talent Officer Los Angeles County Museum of Natural History Foundation

Transcription

1 Introduction Statement of Nooshin Nathan Chief Talent Officer Los Angeles County Museum of Natural History Foundation Submitted to Joint Committee on Rules Subcommittee on Sexual Harassment Prevention and Response Hearing on Best Practices for Reporting Sexual Harassment and Providing Victim Support Monday February 26, 2018 Chairwoman Friedman, Chairwoman Mitchell, and distinguished members of the committee, I am Nooshin Nathan, Chief Talent Officer of the Los Angeles County Museum of Natural History. I appear before you today on behalf of the Society for Human Resources Management (SHRM), the world s largest HR professional society, representing 290,000 members, including 25,000 in California. SHRM members, in turn, influence the lives of over 100 million individuals in the workforce about one in three Americans. Background It was not until the 1990s that sexual harassment in the workplace rose to social consciousness. In 1993, in the case of Harris v. Forklift Systems, Inc., the U.S. Supreme Court ruled that sexual harassment was not limited to acts that result in physical or severe psychological injury, thereby including pervasive sexist remarks, innuendo, and advances under the definition of abusive or hostile environment. At the other end of the decade, in 1998, with Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton, the Supreme Court ruled that employers are liable for sexual harassment even where no professionally adverse action against

2 the claimant occurred. However, the employer may defend itself by showing it took measures to prevent or immediately correct any such instances. The need for the employer to protect its employees--and defend itself--sowed the seed for Human Resources implementing procedures on sexual harassment prevention and response. These great changes in our laws, in our history and culture, were brought about by many brave people, particularly women, who were not afraid to voice their experiences until they were heard. But sexual harassment is not limited to women. It happens to men and those whose gender identity falls anywhere on the spectrum. It can happen to any of us. Common workplace-based responses by those who experience sex-based harassment are to avoid the harasser, deny or downplay the gravity of the situation, or attempt to ignore, forget, or endure the behavior. They fear disbelief of their claim, inaction on their claim, blame, or social or professional retaliation. As SHRM s CEO and President Johnny C. Taylor noted in January before this Committee, culture trumps policy and workplaces must create a holistic culture of non-harassment that starts at the top. Part of having a positive and productive workplace is ensuring that when someone feels they have been a victim of workplace harassment or has witnessed harassment or behavior that violates the culture of the organization, the employer has a process to address these issues. Promising Practices & Culture Accessibility Sexual harassment is best prevented and confronted when the channels of communication are safe, swift and unencumbered. Therefore, the first and most critical step for changing culture on sexual harassment is providing an accessible reporting process for those confronting harassment in the workplace. The Natural History Museum (NHM) of Los Angeles County prides itself on its collegial environment. We encourage our employees to share their concerns about workplace issues with colleagues regardless of standing. If such concerns require guidance or are grave in nature such as workplace harassment, our supervisors, managers, and directors have been trained to bring the information to Human Resources in a discreet and timely manner. In addition to encouraging an open-door policy, we have recently launched a program called SpeakUpNHM. (NHM stands for Natural History Museum). We implemented this program last year as a way of commitment to our value of inclusivity and allowing multiple channels of hearing and listening to the concerns of our stakeholders. This 24/7 program is operated by a third-party organization, allowing our employees to report any workplace issues with the option of confidentiality and anonymity. Once a claim has been made over the phone, or

3 through , the caller will receive a case number and instructions for follow-up. The matter will then be forwarded to me for review, investigation, action and response. The response will contain specifics on what action has been taken or will be taken to address the concern. We have even taken measures to allow for an employee to file a complaint about me personally which our third-party organization will forward to our General Counsel for review. This program, and others like it, are a means for employees to report without shame or fear of retaliation, and with the option of confidentiality. There is no need to report the issue to your supervisor, or even your supervisor s supervisor, if the employee doesn t want to. Providing a service like this signals to employees that their concerns matter and will be taken seriously. It exemplifies our continuous efforts to hear the voices of our stakeholders by any means possible. It also helps lay a foundation of trust and builds a culture that is constantly looking for opportunities to create a safe and collaborative work environment that is free from harassment. Procedures Through whatever means a claim has been reported, that claim must be handled through consistent procedures. Having procedures in place ensures that the claim will flow through a predictable cycle. In general, that cycle should include the claim, the investigation, the findings, and corrective action. Throughout the process, all relevant information must be properly documented. Documentation serves two functions: it assists in the determination of corrective action to be taken and is evidence that action has been taken. Sexual harassment of any kind is always serious and should accordingly be treated as such, regardless of the hierarchy within the organization. It should not matter to whom the claim was made. Once it has been reported, the possessor of the information must take it to those who will perform an unbiased investigation. That investigation must be comprehensive in nature, and yet limited in the number of individuals involved. Too many participants may not only contaminate the investigation s objectivity but may negatively affect the employee s trust and day-to-day experience among his or her peers. Education & Policy Yet it is not enough to respond. It is our responsibility to prevent. Prevention requires education and training of our employees and managers. However, even effective training cannot occur in a vacuum it must be part of a holistic culture of non-harassment that starts at the top. When the term sexual harassment is used, what comes to the minds of many people are not the smaller but persistent and intolerable acts. It is the extreme acts, the acts we hear about on the news that come to mind: Roger Ailes, Bill Cosby, Bill O Reilly, Harvey Weinstein. Yet harassment can take many forms, and employees need to understand behavior that may be smaller in scope but still persistent and intolerable acts of harassment. We must therefore define what constitutes harassment from the beginning of an individual s employment. We must provide them with the tools necessary to identify what it is, why it is a problem, who to report it to, how it will be addressed, where they can find additional support,

4 and when to expect closure. This is the key to ensuring that our access and procedures are properly utilized. Education must take the form of clear and public written policy; easy to locate and easy to reference. Education should also be interactive. We cannot shy away from topics that make us uncomfortable. We must speak about it freely, and empower all managers to help effectively, with confidence and compassion. We must infuse civility within our work culture and empower our colleagues to speak up as bystanders witnessing unwelcome behaviors. Accountability Once a claim has been made, we are on notice to act. The longer it takes to respond to a sexual harassment claim, the less faith an individual complainant has in HR s response. We cannot allow that faith to become brittle. We are accountable to live up to it. Nevertheless, we are human and imperfect. Weaknesses in policy and procedures may and will be discovered along the way. They should be corrected as they are discovered, and the policies and procedures audited regularly in between. Leadership must ask itself: is this protocol necessary? Is it efficient? How do we gauge our current education s effectiveness? Should we do a focus group? An anonymous survey? How can we best communicate to everyone any changes? It is not enough for employees to hold their leaders accountable. Leaders must hold themselves and their peers to the same standard. This requires universal commitment to maintaining a harassment-free workplace. Leadership & Commitment Current law requires managers to be retrained in sexual harassment prevention training every two years. While this law is important, it cannot replace the role that leadership in the organization plays in creating and maintaining a policy that includes access, procedures, and education. Our senior leaders must lead by example, for they set the tone of any organization above and beyond the law with best practices. Leaders must serve as role models for a diverse, inclusive and respectful workplace by refusing to tolerate inappropriate behavior and by addressing it expediently when it occurs. The Future In popular culture, Human Resources is often the running joke, the department to be feared or scorned as unnecessary taskmasters. HR departments need to consistently review, improve and advocate for programs that create and foster a safe, productive work environment that is conducive to co-elevating our colleagues. It has been often said that the fall of Harvey Weinstein in Hollywood was a watershed moment, but we will have many more such moments as our children nurture the wisdom vested in them. We see it now, in the #metoo and #neveragain movements. These young people, who remain unblushing by the contempt of social media or political provocateurs, will bring us closer to restoring justice. It is for these reasons that I remain optimistic in my view that we can still bring

5 change as professionals--as imperfect but ambitious human beings--and that the future will indeed hold a more kind, self-aware and just world. SHRM pledges to work with the committee as it addresses this important issue. I thank you for the opportunity to appear before the committee, and I look forward to your questions. Thank you.