While employers are responsible to actively prevent sexual harassment and other unlawful conduct in the workplace under the positive duty, employees like those who are active bystanders also have an obligation to help foster a safe workplace. Bystanders can do this by reporting, supporting and intervening if they see something wrong. Sometimes it can be difficult to know exactly what to do if you witness harassing or bullying behaviour and occasionally bystanders can be passive witnesses that do not jump in to help. However, it is important, if safe, to be an active bystander and intervene when witnessing unlawful conduct or harassment in the workplace. In this article we will explain who bystanders are, what is meant by bystander intervention, the bystander effect, why it is important to respond as a bystander, how to respond as a bystander, the role of the bystander in workplace culture and how the positive duty extends to employees.
Who is a Bystander in the Workplace?
Bystanders in the workplace are people who witness something but are not directly involved. In the workplace, a bystander may observe sexual harassment or bullying first hand or be told about the incident. If a bystander witnesses poor behaviour or bullying and steps in to help the victim, they are an active bystander. Those who see inappropriate behaviour but do nothing to help are passive bystanders. Whether you are an employee or part of a management and supervisory team, witnessing something in the workplace makes you a bystander.
What is Bystander Intervention in the Workplace?
While a bystander is someone who witnesses sexual harassment or unlawful conduct in the workplace, bystander intervention is when that witness intervenes to try and help towards a positive outcome. This makes them transition from a passive bystander (one who watches but does not act) to an active bystander (one who witnesses and intervenes).
When an employee witnesses his co-worker being sexually harassed by other workers teasing her about her body and steps in to stop them, he is an active bystander. This action to keep the situation from escalating and protect his colleague is an example of bystander intervention.
What is the Bystander Effect?
Sometimes when a bystander witnesses harassment or unlawful conduct in the workplace, they may be hesitant to step in and help. This apathy is known as the bystander effect and it is rooted in the belief that others will intervene. The bigger the crowd of people watching the unlawful activity, the less likely anyone is to provide assistance when it is clearly needed. Passive bystanders in the workplace may witness unethical and inappropriate behaviour such as discrimination or harassment but are deterred from speaking up because of the presence of others or possible recrimination. This social situation where wrongdoing is happening and no one moves in to help is known as the bystander effect.
Overcoming the Bystander Effect
To ensure workplace safety and equality, it is imperative to overcome the bystander effect and learn how to intervene when necessary. When a colleague is being bullied, discriminated against or harassed, bystanders must not turn a blind eye to their harmful behaviour but rather intervene. To overcome the bystander effect and override instinctive feelings of not stepping in to help, there are a number of strategies you can do.
- Understand the bystander effect. Educate yourself on the bystander effect and the psychological tendency to stand by and not intervene particularly in a big group of people. This will help recognise it and overcome it.
- Imagine yourself in emergency situations where someone you know is being harmed and what actions you would take.
- Acknowledge your own emotions of fear, confusion and shock and how they can lead to inaction.
Importance of Bystander Intervention in the Workplace
Bystander intervention is essential in a workplace to positively influence the culture and help individuals who are suffering from harassment and discrimination. An active bystander will choose to take action when witnessing something harmful to others like bullying, discrimination or harassment. When a bystander intervenes it has a myriad of positive effects. These include:
- Draws attention to and stops harassment, discrimination or bullying: When a bystander intervenes, it draws attention to the poor behaviour and immediately stops the harassment, discrimination or bullying. The harasser is called out on his or her actions and the victim feels supported.
- Helps co-workers: Bystander intervention helps not only the victim but co-workers as when a bystander intervenes it signifies the behaviour will not be tolerated from anyone in the workplace.
- Promotes a positive workplace: By intervening when harmful behaviour is occurring, employees feel more supported and comfortable which creates a positive work environment where everyone feels respected.
- Reduces victim blaming: When a bystander intervenes the focus is on the negative actions of the perpetrator and reduces the likelihood of victim blaming.
Ways for Bystanders to Intervene in the Workplace
Depending on the circumstance, sometimes intervening as a bystander can be scary or confronting. To help bystanders to intervene the 5 Ds was developed by The Right to Be. These are different methods to support someone who is being harassed or discriminated against.
- Distract – This involves creating a diversion or distraction to interrupt the harassment that is occurring. This could be with a conversation or diverting attention to something nearby to take the focus off the problematic behaviour without direct confrontation of the harasser.
- Delegate – If you feel unsafe intervening directly, ask for help from a friend or colleague. You might want to delegate to a person in a position of authority or security personnel.
- Document – Record details of the incident like time, date, location and what occurred for reporting later.
- Delay – Check in with the person who experienced the harassment or harmful behaviour and let them know you saw what happened and are there for support. Let them know it is not okay and you will stand by them if they want to report it.
- Direct – Directly address the perpetrator of the harmful behaviour. State to them that their actions are unacceptable and they must stop. Be clear that they will be reported should this occur again. When addressing someone directly, make sure you are in a safe situation. Sometimes it is better to begin the conversation with the support of another co-worker.
Examples of Bystander Intervention in the Workplace
With the strategy of the 5D’s, bystanders are able to intervene and help stop or draw attention to unacceptable behaviour in the workplace. Some examples of workers using the 5Ds to intervene in workplace harassment are:
- A woman is being sexually harassed when a male worker keeps rubbing up against her. She is clearly becoming distressed and a co-worker steps in and tells the perpetrator to stop. He says it is not acceptable and will be reported to the manager. This is a direct approach.
- A group of workers keep telling racial jokes around one of their co-workers that are obviously directed at him. The co-worker asks them to stop but they say it is just a joke and not to be so serious. The victim’s friend sees what is happening and calls out to his friend to come and help him with a task. This bystander has intervened with distraction.
Does the Positive Duty Apply to Employees?
The positive duty is a legal obligation of employers to prevent and deal with any sexual harassment, discrimination and unlawful conduct in the workplace. The positive duty is a legal duty under the Sex Discrimination Act for workplaces to take ‘reasonable and proportionate measures to eliminate relevant unlawful conduct’, as far as possible. While the main onus is on employers to prevent and eliminate any unlawful conduct in the workplace, the positive duty extends to actions by employees both towards each other and towards individuals outside the organisation. Employees are encouraged to actively participate in ensuring the workplace is safe for all employees. This means not engaging in unlawful conduct like harassment or discrimination, reporting any concerns in regards to unlawful conduct, supporting fellow workers who are experiencing any form of harassment and intervening if witnessing harmful behaviour.
Ways Employers Can Support Bystander Intervention
It is the responsibility of employers to help their employees overcome the bystander effect, encourage them to intervene and support their co-workers in times of need. Strategies to help staff become active bystanders are:
- Make sure the business or organisation has a culture of openness and accountability. Employers can encourage staff to speak up if they witness something unlawful or discriminating and know they will be taken seriously.
- Provide training to staff on how to recognise inappropriate behaviour and how to intervene as a bystander when someone is being treated unfairly.
- Have clear policies on sexual discrimination and harassment in the workplace. Make sure all staff and employers understand what is considered acceptable and unacceptable, and the consequences of such behaviour.
- Encourage employees to have an active role in preventing harmful behaviours. Provide a safe space for them to provide feedback and offer suggestions and ideas for prevention of discrimination and harassment.
- Provide support for victims of unlawful behaviour in the workplace and employees who may be suffering negative consequences after being an active bystander.
Bystander intervention in the workplace can help foster inclusion and a safe working environment. Under the positive duty it is the responsibility of employers and employees to create a positive workplace. For employees that means intervening if they witness any harassment and helping to foster a supportive environment. In this article we discuss bystander intervention, how important it is, the bystander effect, and how to overcome the bystander effect to help eliminate harassment and unlawful behaviour. For further details about bystander intervention, contact the team at Positive Duty.