Mitigating Legal Issues

Mitigating Legal Issues
Student’s Name
Professor’s Name
Course Title
Date
Mitigating Legal Issues
Introduction
Most organizations have found themselves in a serious policy challenges as a result of lack of defined policies. To mitigate unforeseen legal challenges, organizations need to have internal regulations that provide direction in case of any conflict. Diversity and sexual harassment policies are two important policies that shape the operations in today’s dynamic organizations. Sara consultancy offers recruitment services in oil and gas industry. This industry requires expertise hence the company’s employees have to operate in a favorable environment to enable them seek the right people for the organization’s clients. The two policies need to be well integrated in Sara consultancy. One of the ways of integrating the policy is by communicating it to all stakeholders in a clear and understandable manner.
Sara Consultancy
1. Equality and Diversity Policy
This policy guides how Sara employees will be treated by all senior staff and board members. Sara Employees are also expected to use this policy as a guide on how they should behave towards one another and when dealing with clients and all stakeholders at all times both within and outside Sara premises. This policy aims to achieve diversity and equality purposes for all Sara employees irrespective of their age, ethnic origin, national origin, material status, age, position in the company, sexuality, disability, gender, marital status, religious belief, social class, and race.

All Sara employees, irrespective of their terms of engagement, i.e., part-time, casual, interns, temporary, contract or full time will receive equal treatment and will be treated with respect and dignity at all times.
Any form of sexual harassment to employees of either gender will be treated as a criminal offense, and in addition to appropriate company disciplinary measures being pursued, the perpetrator(s) will face criminal proceedings as per the penal code.
The company will at all times conduct its human resource functions such as recruitment, training, performance appraisals and promotions based on merit and will strive to select the best employees based on their skill levels, ability and aptitude among other identified standards that promote equal chance to anybody who meets those fair standards.
All Sara employees will be assisted by the relevant departments and professionals within and outside the company to develop their skills, talents, technological capacity and other socio-economic welfare. The company will strive to maximize its efficiency will also better and promote the interests of its employees.
Sara Commitment:
Sara guarantees a conducive working environment at all times to all employees. This environment promotes respect, tolerance, and dignity amongst all employees. No person(s) is allowed to intimidate, harass or bully any other person(s) within the organization. Any of these acts may lead to separation.
Diversity and equality are hereby acknowledged as an integral part of Sara and will at all times be observed as part of the company’s strive to adhere to best business practices and achieving positive corporate image
We believe in every individual’s potential and will at all times desist from encouraging cultural stereotyping and generalization of issues about employees conduct, performance and relations with other employees or clients.
Any Sara employee who violates any provisions of this policy or causes any other employee to have any form of disobedience to this policy will be deemed to have breached employment agreement and will face disciplinary proceedings accordingly.
Sara’s top management fully support this policy and will use all available resources to ensure it is implemented, followed and respected at all times for it to form part of the corporate culture.
The company management will continually monitor this policy with the aim of improving it and achieving the support of all the stakeholders. Annual stakeholder meetings will be called for deliberations and review of any provision.
Applicable Laws and Legislations
Sara does not operate in isolation of the provision of other laws. The company will at all time base its policies on the relevant legislation. Some of the legislation that the company will implement its policy within their framework include:
Disability Discrimination Act 2005
Race Relations Act 1976
The protection from Harassment Act 1997
Sex Discrimination Act 1975
Employment Equality, Regulations 2003 (Sexual Orientation)
Employment Equality, Regulations 2006 (Age) (Ivancevich & Konopaske, 2013).
2. Sexual Harassment Policy
Sara Consultancy is committed to a safe work environment and guarantees all its employees a workplace environment devoid of any discrimination. Sexual harassment shall not be fully tolerated within Sara Consultancy. Sara Consultancy will at all times take seriously any reported case of sexual harassment and initiate a prompt and conclusive investigation. If any of Sara employee is found guilty of violating the rights of other employees including sexually harassing anyone, such a person will be dismissed upon conclusion of the investigation. All cases of sexual harassment reported to the company shall at all times be treated with confidence and the urgency required. No matter shall be left without any conclusion, and the identity of the victim and the person reporting the issue will be safeguarded.
Definition
Sexual harassment is any conduct of sexual nature that is unwelcome by one party, and it makes the person feel intimidated, discriminated, humiliated or offended (Edwards, Scott & Raju, 2003). Sexual harassment entails sexual favors in exchange for employment, the creation of a hostile environment based on somebody’s gender and humiliating a person. Sexual harassment can occur physically, verbally and non-verbally (McClain, 2011). Examples of physical acts include involuntary kissing, hugging, patting, stroking and pinching. It also includes assault. Verbal sexual harassment includes but not limited to sexual jokes, stories, sexual advances, invitations for dates which are unwanted, and sexually explicit messages through electronic media among others. Non-verbal sexual harassment entails suggestive gestures, leering, sexually suggestive materials, and whistling among others.
Sara Consultancy recognizes the fact that sexual harassment is not confined to one gender only. It can happen to anybody including people of the same gender. What is constant in sexual harassment is the fact that one party is unwilling and or feeling unwelcome towards the other’s acts or behavior.
Sara is cognizant of the fact that sexual harassment occurs as a result of unequal relationships that is inherent in the normal workplace. A person who occupies a higher rank than the other is more prone to feel superior and might be tempted to sexually harass those who are below him or her. Nevertheless, it is also possible for junior employees to sexually harass senior employees.
Sara internal policy regarding sexual harassment applies to not only Sara employees but also customers, contractors, clients, casual workers, and visors. All these stakeholders will face a reprimand as per this policy. This policy is effective both within and outside Sara premises.
Complaint Procedures
Sara recognizes the fact that a perpetrator of sexual harassment might be a person higher in rank or position than the victim. In this case, it is difficult for the victim to confront the perpetrator. In an ideal situation, the harasser should be immediately informed that his or her conduct is unwanted and unwelcomed. Sara encourages employees or any other person who cannot confront the harasser to report the matter to the responsible staff or department which is tasked with handling sexual harassment matters.
A designated staff upon being informed of the matter shall;
Make a record of the incident particularly the time, date and all the presented or implied facts
Seek the opinion of the victim on how the matter should be handled including the desirable outcomes
Ascertain if the victim is aware of the established complaint mechanism and protocol
Agree with the victim on the method to be used in resolving the complaint.
Ensure confidentiality of the whole process
Respect any decision taken by the victim
Inform the victim of other relevant legislative mechanisms.
Sara Consultancy will employ and train counselors who will assist sexual harassment victims. Sara is cognizant of the fact that some victims might be intimidated by the nature of the professional relationship and power structure hence the need to have counselors who can monitor the behavior of employees and assist any employee who shows any signs of being a victim of sexual and other forms of harassment. There will be a formal and informal mechanism for resolving a sexual harassment case. The company recognizes a victim’s wish to explore outside mechanisms of resolving sexual harassment issue and will provide the needed information.
Disciplinary Measures
Some of the disciplinary measures under this policy include
Dismissal
Demotion
A written or verbal warning in case of an attempted case
Suspension
All the above measures will be dependent on the severity of the issue raised, and the nature of the conclusion of the investigation carried out.
Implementation
This policy will be published in all relevant company literature including the staff handbook. All the employees will be trained on the content of the policy. Sara recognizes the need to continually monitor and evaluate this policy for proper functioning and successful implementation.
Training Plan Template (Sexual Harassment Policy)
A training program to inform Sara employees about the Sexual Harassment Policy is critical. The program will require the human resource department to assess the sexual harassment situation within Sara community, design the relevant materials to support Sara trainers and counselors. The training program should address the needs of Sara and anticipate future sexual harassment trends (Heathfield, 2017). The program should be well implemented and evaluated to achieve the desired results.
The sexual harassment training program will include a well thought out learning objectives, and the methods to be used shall be easily understood by all Sara employees. The trainers will first develop a sexual harassment content outline which will include all the policy content and areas to be emphasized (Duggan, 2018). The trainers will then discuss with managers and other Sara senior management staff so that the training content will reflect the company’s strategic objectives. After adequate content have been developed, the trainers and other responsible stakeholders will prepare comprehensive training materials such as study guides, presentations, and exercises to be undertaken by employees. The training content should be widely published in all company news outlets and other communication media. These include Company newsletter, notice boards, intranet and other blogs and forums. All new employees should always be trained on the sexual harassment policy. Seminars, training workshops, team building exercises and any other company gathering should be used to communicate the content of the sexual harassment policy. After the trainers have satisfied themselves that they have provided enough materials and content and that all employees have been trained, they should monitor and evaluate their methods and content to ascertain if they were effective.
Conclusion
Diversity policy will help Sara to achieve equality while maintaining justice and fairness to all employees and stakeholders. This will promote tolerance and enhance employees’ morale. There is unequal relationships in organizations and this inequality can be exploited for sexual harassment. A well-defined sexual harassment policy will enhance Sara employees’ sense of security. Policies function effectively when they are well communicated to employees and other stakeholders.
References
Duggan, T. (2018). How Do I Plan a Human Resource Training Program in an Organization
Setting?. Smallbusiness.chron.com. Retrieved 21 January 2018, from http://smallbusiness.chron.com/plan-human-resource-training-program-organization-setting-2553.htmlEdwards, J., Scott, J., & Raju, N. (2003). The human resources program-evaluation handbook.
Thousand Oaks, Calif.: SAGE.
Heathfield, S. (2017). Use These Sample Policies in Your Workplace. The Balance. Retrieved 21
January 2018, from https://www.thebalance.com/sample-human-resources-policies-and-procedures-1918876Ivancevich, J., & Konopaske, R. (2013). Human resource management. New York, NY:
McGraw-Hill Irwin.
McClain, G. (2011). Management. Cincinnati, Oh.: David & Charles.