Harassment - Education
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HBR Case study Was That Harassment?
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ARTICLE
HBR CASE STUDY
Was That Harassment?
A salesperson wonders how to respond to a colleague’s joke.
by J. Neil Bearden
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MAY–JUNE 2019
For the exclusive use of R. Ramos, 2021.
This document is authorized for use only by Rosendo Ramos in EMGT 6010 UPDATE-1-1-1-1 taught by STEPHEN FLAHERTY, Ohio University from Mar 2021 to Sep 2021.
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JACKSON
If Jackson Pierce was honest with
himself, he hadn’t been a shoo-in
for the leadership program. He
was definitely a high performer,
but since salespeople were often
evaluated on numbers, it was ob-
vious to everyone that he wasn’t
in the top tier. Still, he was excited
when his boss told him that he’d
be part of the 2019 cohort of high
potentials who were expected to
go far at Coltra, a global beverage
company.
When he got to the conference
room where the group was to
participate in a kickoff conference
call with the CEO, Jackson was
happy to see Rainer Wolfson.
Rainer was good at everything he
did—whether it was selling the
CASE STUDY: WAS
THAT HARASSMENT?
A salesperson
wonders how
to respond to a
colleague’s joke.
by J. Neil Bearden
company’s least popular beverage
line or just making people feel
welcome. He’d transferred to
the Houston office from Coltra’s
Munich outpost three years earlier.
“I was hoping you’d be here,”
Rainer said.
Jackson hit “Mute” on the
speakerphone and started to joke
around with his colleague. “How
are we going to manage this
program on top of everything else
we’ve got going on?” he said. “I
can barely answer all my emails
these days.”
“We’ll manage, don’t you
think?” Rainer said sincerely. “It
sounds like a cool opportunity.”
“Of course it is. It just seems
the better you are, the more
work they give you. Do you know
how they chose people for this
Illustrations by RYAN GARCIA
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2 Harvard Business ReviewMay–June 2019
For the exclusive use of R. Ramos, 2021.
This document is authorized for use only by Rosendo Ramos in EMGT 6010 UPDATE-1-1-1-1 taught by STEPHEN FLAHERTY, Ohio University from Mar 2021 to Sep 2021.
anyway?” Nearly 50 salespeople
from offices around the world had
been selected for the program,
and although the criteria weren’t
explicit,1 Jackson assumed that
sales numbers were a big factor.
“It makes sense that you’re here,
but a lot of us didn’t hit our targets
last quarter.”
“Those targets were crazy,
though,” Rainer said reassuringly.
“I don’t know how they set them,
but barely anyone made them.”
“You did.”
Rainer smiled uncomfortably.
“And Ying did,” Jackson said.
“She’s never missed—not a single
quarter.”
Rainer nodded. “She did this
program last year.”
“Who else are we waiting for?”
“Teaira,” Rainer said.
“Right—she’s been crushing
it recently,” Jackson said, a little
ruefully. His numbers hadn’t been
as good.
“Maybe they want to get you
into leadership because you’re
not good at sales,” Rainer said,
giving him a friendly punch on the
shoulder.
Jackson laughed. “If that’s true,
why did you get picked? They’d
be better off keeping you in sales
forever.”
“It must’ve been my good
looks,” Rainer said.
“Yeah, right.” Just then Teaira
came in, looking at the clock. The
call was set to start any minute.
“Hey,” Rainer said, leaning in
to take the Polycom off mute.
“I guess you’re here because
of your good looks, too, Teaira.”
Jackson had said it jokingly, but
the other two didn’t smile.2
RAINER
Rainer immediately felt a knot
in his stomach. He could see the
expression on Teaira’s face, and
she wasn’t happy. Maybe it was
more a look of confusion than
anything else, but then again,
maybe it wasn’t. She opened her
mouth as if she was about to say
something and then stopped. The
three of them shifted in their seats
as Peter Mackenzie, their CEO,3
started his introduction.
Rainer loved Coltra. Like many
others on the sales team, he’d
joined the company right out of
university and had been there
ever since, except for a brief stint
to get his MBA at ESMT Berlin.
He believed in the company’s
fruit- and seltzer-based products
and loved the culture. Sure, he
had complaints about certain
decisions the senior leaders made,
but ultimately he knew he didn’t
want to work anywhere else. The
company had treated him well
and given him the opportunity
to live overseas for a few years.
Houston wouldn’t have been
his first choice, but it had the
strongest sales team of any of the
U.S. offices, so the move was a
no-brainer.
In the conference room, he was
having trouble listening. He kept
looking back and forth between
Teaira and Jackson, trying to fig-
ure out what had just happened.
But words kept popping into his
head: “Harassment.” “Me too.”
“Bystander.”
Was that what just happened
here? he wondered. Was that
harassment?
Peter’s voice on the Polycom
took him back to an all-hands
meeting a year earlier, when
the CEO had announced the
company’s zero-tolerance policy
toward sexual misconduct and
charged everyone with making
Coltra a safe place to work.4 All
the employees had gone through
sexual harassment training. Lots
of people had grumbled about it,
but Rainer had taken it seriously.
In fact, it had opened his eyes
to what it must be like to be a
woman at Coltra—or in any work
environment. And he’d carefully
read several of the studies that
the facilitators had handed out
about what held women back
from promotions in corporate
environments.5 Still, gender
parity was pretty decent through-
out most of the company. And
for several years in a row the top
salesperson had been a woman:
Ying. Surely Teaira must feel
comfortable here, even if guys
like Jackson sometimes, without
realizing it, said stupid things.
Rainer glanced over at Teaira
and saw that she was looking
down at the table, frowning.
Was she upset? Maybe Jackson’s
comment was exactly the kind of
thing that would make a woman
feel undermined and as if she
didn’t belong. His confusion
turned to anger. Why had Jackson
put him in this position?
The call was scheduled to end
at 10:00, but it didn’t wrap up
until after 10:15. Jackson scurried
out of the room, saying he was
late to another meeting. Rainer
followed Teaira out and asked if
HBR’s fictionalized case studies pres ent
problems faced by leaders in real companies
and offer solutions from experts.
Case Study
Classroom
Notes
1. Ambiguous
criteria can
lead to bias in
decisions about
promotions, hiring,
and development
opportunities.
2. What makes
a comment
inappropriate?
The intention of the
speaker? How the
subject hears it?
3. The number
of Fortune 500
companies led
by women fell by
25\% in 2018. Only
4.8\% of CEOs
were women.
4. Experiments
show that leaders’
stated positions
can raise or
lower employees’
concern about
sexual harassment.
5. A recent study
showed that
the difference in
promotion rates
between men
and women was
due not to their
behavior but to
how they were
treated.
Experience
FOR ARTICLE REPRINTS CALL 800-988-0886 OR 617-783-7500, OR VISIT HBR.ORG
Harvard Business Review
May–June 2019 3
For the exclusive use of R. Ramos, 2021.
This document is authorized for use only by Rosendo Ramos in EMGT 6010 UPDATE-1-1-1-1 taught by STEPHEN FLAHERTY, Ohio University from Mar 2021 to Sep 2021.
http://hbr.org
she was OK. He assumed she’d
know what he was alluding to, but
she just said, “I’m swamped. This
program sounds great, but it’s a lot
of extra work.”
Rainer tried to reassure her:
“I guess it will pay off in the long
term for our careers.”
Teaira smiled weakly.
He believed what he’d just said.
But was it true for Teaira, too?
SUZANNE
Suzanne Bibb was surprised to
see Rainer Wolfson’s name in
her in-box. He was one of those
employees who rarely asked for
anything special and never caused
trouble—just got promotions and
raises and commendations. She
told him to come by whenever
he wanted, and he did, later that
afternoon. Right away it was clear
that Rainer was upset.
“I wasn’t going to say anything,
but I called a friend of mine back
in Berlin, and she encouraged me
to make a report to HR,” he said.
“A report?” Suzanne asked.
Rainer relayed what had
happened between Jackson and
Teaira. He said that although he
knew Jackson had been joking
around, continuing some light-
hearted ribbing Rainer himself
had started, he didn’t want to
stand by if Teaira had somehow
been offended.
Suzanne couldn’t say that
she was surprised. She’d heard
comments before about Jackson’s
shooting off his mouth and
rubbing people the wrong way.
But this was different. Insinuating
that a woman was selected for
a leadership program because
of her looks rather than her
achievements fell under what
the company had labeled “highly
offensive” on the spectrum of
sexual misconduct. And although
it wasn’t “evident misconduct,”
or even “egregious,” she knew she
had to take it seriously.
She asked Rainer a few
follow-up questions and thanked
him for coming. “So what happens
now?” he asked.
Suzanne explained the
company process for handling
such accusations. HR had seen an
uptick in these kinds of complaints
since #MeToo exploded,6 so she
was well versed in the protocol.
She and her team had spent a lot of
time explaining and re-explaining
it, and many of the things brought
to their attention weren’t action-
able offenses. Still, she always told
herself, it was better than having
people stay silent.
She told Rainer that she would
talk with Teaira and then with
Jackson, and their managers
would need to be notified.
“Will you tell everyone
I reported it?” he asked.
“Normally we let the employee
filing the complaint decide
whether to disclose that he or
she was involved, but since you
were the only other person there,
it will be obvious to Teaira that it
was you.”
6. In 2018 the
U.S. Equal
Employment
Opportunity
Commission
reported a
sharp increase
in complaints
of harassment
after six years of
steady decline.
7. How does
one resolve
conflicting
ethical
obligations?
Rainer feels
compelled
to report the
incident, but
he worries that
taking action will
lead to irrational
outcomes.
Experience
4 Harvard Business ReviewMay–June 2019
For the exclusive use of R. Ramos, 2021.
This document is authorized for use only by Rosendo Ramos in EMGT 6010 UPDATE-1-1-1-1 taught by STEPHEN FLAHERTY, Ohio University from Mar 2021 to Sep 2021.
“Right,” he said. “At first I told
myself that it was a small com-
ment and Jackson probably meant
no harm. But when I explained it
to my friend, it sounded worse.
I just don’t want things to get
blown out of proportion.”7
“None of us want that,”
Suzanne said. But she worried
that was exactly what might
happen.
TEAIRA
When she listened to the voice-
mail, Teaira’s first thought was:
It’s never good when HR calls you.
Raises, promotions, new assign-
ments—all those come through
your manager. Bad news comes
from HR, especially on the phone.
She’d seen Suzanne Bibb’s name
on group emails, but she’d never
spoken to her in person before.
Suzanne cut right to the chase:
“There’s been a complaint.” She
explained that she had heard
about Jackson’s comment the
day before.
Rainer, Teaira thought. She
was annoyed. Why hadn’t he let
her fight her own battles? Why
hadn’t he said anything to her
first? Then she remembered the
concerned look on his face as
they’d walked out of the confer-
ence room.
“It really wasn’t a big deal,”
Teaira said instinctively, although
as soon as she’d spoken, she
questioned whether that was
true. Jackson had been competing
with her since his first day on the
job. It wasn’t anything she hadn’t
experienced before, at college or in
her MBA program or in the office,
but he cut her off in meetings and
occasionally took credit for her
ideas. She’d chalked it up to typical
overly competitive male behav-
ior, but she couldn’t say that she
trusted Jackson.
Still, it had been an easy thing to
brush off. She’d seen Jackson later
in the day, and he’d awkwardly
tried to explain the comment,
telling her it had been a meaningless
joke, that she had come into the
middle of a conversation, and that it
would’ve made more sense if she’d
heard what he and Rainer had been
talking about before. It was a
defense more than an apology, but
she’d been on her way to another
meeting, so she’d let it go.
“Maybe I should start by
talking to Jackson and seeing if we
can clear this up?” Teaira said.
“That’s up to you,” Suzanne
replied. “But we take complaints
like this seriously.8 And I urge you
to do the same. Any comment
about an employee’s appearance
that makes another person
uncomfortable is problematic.”
“What if I do move forward
with the complaint?” Teaira asked
Suzanne. “Will Jackson get fired?”
“Until we’ve gathered more
information, I can’t say what the
consequences might be. As you
know, we have a zero-tolerance
policy.9 I suspect some people
will advocate firing him—espe-
cially if you add your name to the
8. Researchers
have shown that
a single sexual
harassment
claim can
dramatically
reduce
perceptions
of fairness
in hiring and
promotion
at that
organization.
9. Under
such a policy,
well-founded
complaints
of sexual
harassment
will lead to the
perpetrator’s
dismissal. Some
believe that this
is too harsh and
will discourage
reporting.
FOR ARTICLE REPRINTS CALL 800-988-0886 OR 617-783-7500, OR VISIT HBR.ORG
Harvard Business Review
May–June 2019 5
For the exclusive use of R. Ramos, 2021.
This document is authorized for use only by Rosendo Ramos in EMGT 6010 UPDATE-1-1-1-1 taught by STEPHEN FLAHERTY, Ohio University from Mar 2021 to Sep 2021.
http://hbr.org
complaint. But there are other,
less harsh consequences for
unprofessional behavior.”
When Peter had announced the
policy, Teaira had been proud that
her company was taking a stand.
Now, though, she wondered
whether such a hard line was
really a good thing. People were
going to make mistakes, and cer-
tainly Jackson’s comment, while
maybe mean-spirited, wasn’t a
fireable offense. Or was it?
As she walked back to her desk,
Teaira’s frustration mounted. She
thought about how few senior
women Coltra had. The entire C-suite
was men except for the chief HR
officer. And only one board member
was a woman. Were comments like
Jackson’s part of the problem? She
felt she could handle this kind of
joking—but maybe some of her peers
couldn’t. And maybe Jackson’s
intention—whether subconscious
or not—was to demean her.
Then she remembered Rainer’s
finger on the mute button. Was
it possible that others had heard
what Jackson said? If so, why
hadn’t anyone else spoken up?
And did she have a duty to call out
that sort of behavior—especially if
others knew about it?
Reprint Case only R1903X
SHOULD TEAIRA PUSH FORWARD THE
COMPLAINT AGAINST JACKSON?
J. NEIL BEARDEN is an associate professor at INSEAD.
6 Harvard Business ReviewMay–June 2019
Experience
For the exclusive use of R. Ramos, 2021.
This document is authorized for use only by Rosendo Ramos in EMGT 6010 UPDATE-1-1-1-1 taught by STEPHEN FLAHERTY, Ohio University from Mar 2021 to Sep 2021.
http://hbr.org/search/R1903X
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