Harassment and Inappropriate Behaviors
The terms "inappropriate behavior" and "harassment" refer to behavior, practices or comments that may be offensive, derogatory or humiliating towards a person and cause psychological or physical harm to that person. They do not correspond to the Group's ethical standards and are both reprehensible.
Nevertheless, it is necessary to establish a gradation between the behaviors and thus to distinguish between "inappropriate behavior" and “harassment”", the latter being more serious.
This distinction between these two reprehensible behaviors can be made, among other things, by taking into account the following assessment criteria:
- The severity and intensity of the behavior or comments. A clumsy joke generally does not have the same impact as a directly denigrating one.
- The repetition and duration of the behavior and the words. Some behaviors are sufficiently impactful to constitute harassment after a single occurrence, while others will be impactful through repetition. Some seemingly innocuous comments or gestures may constitute harassment if they are repeated. The fact that the person has been informed that he or she was acting inappropriately and that, despite this alert, he or she does not take it into account, is an aggravating factor.
- The hierarchical positioning of the person at the origin of the behavior: a greater hierarchical positioning can have an amplifying effect on the impact of the reprehensible behavior on the affected person (stress, anxiety, dark thoughts, etc.) and can thus constitute an aggravating factor.
- Circumstances of the behavior: Examples of aggravating factors include negative comments or gestures towards someone made in front of other people, or when the person is in a vulnerable position (psychological or physical).
Moral Harassment, Sexual Harassment and Inappropriate Behaviors
Moral harassment of a person is thus characterized by comments or behavior having as their object or effect a deterioration in working conditions likely to harm the physical and mental health or the professional future of that person.Sexual harassment is characterized by the imposition of sexual or sexist comments or behavior on a person that lead to degrading, humiliating, hostile or offensive situation, as well as by the use of any form of pressure with the real or apparent aim of obtaining an act of a sexual nature in exchange for a work benefit.
Inappropriate behavior is characterized by humiliating, offensive or degrading comments or behaviors or, more generally, by comments or behaviors that violates the Group's ethical standards and values (and notably the I CARE leadership model) but which does not have the criteria of seriousness and/or consequences to qualify it as harassment, in particular with regard to the assessment criteria described above.
Inappropriate behavior as well as harassment can affect anyone and occur on any work-related occasion, including outside the company such as work-sponsored events and business trips as well as via electronic means. Harassment is punishable by law in many countries and is subject of the International Labor Organization (ILO) Convention No. 190, applicable since June 2020.
Examples
Examples of behaviors that could be qualified as inappropriate behaviors or harassment
- Offending, humiliating, insulting, degrading or constantly criticizing someone
- Threatening, pressuring, intimidating someone or shouting/mocking at someone
- Putting unreasonable pressure on someone or purposefully setting impossible goals to achieve
- Pushing consciously and purposefully somebody to make mistakes
- Isolating someone physically or socially from the rest of the team
- Excluding someone from advantages or decisions that are usually offered to others (choice of shifts, holiday periods, promotion, trainings etc.) or giving them only the work that nobody wants to do or that has nothing to do with their function
- Withdrawing someone’s responsibilities or tasks or transferring them without reason
- Having unwelcome physical interaction with someone (slapping on the back, embracing, pushing someone, invading their personal space etc.)
Management methods based on pressure and fear, occurring on a large scale in a company, for example in the context of a structural reorganization or a project, could be considered as "institutional harassment".
Examples of behaviors that could be qualified as inappropriate behavior or sexual harassment:
- Having excessive or inappropriate physical contact (touching someone’s intimate part of the body…), staring at someone constantly, ...
- Making sexual suggestions or invitations, or giving gifts that are inappropriate (underwear, perfume), unwelcome and unreciprocated (physically, verbally, or by any electronic means)
- Making unwanted comments or questions on a person’s physical aspect, sexual attributes, or private life
- Making any promotion or advantage depend on accepting romantic invitations or sexual advances (always constitutes harassment)
Values and Principles
The Michelin Group is committed to ensuring a collegial, collaborative, safe and secure work environment where all employees can develop themselves without barriers or fear. The company is aware that harassment affects the dignity of a person, can have severe effects on someone’s psychological and physical health and well-being and can generate a hostile work environment.
Therefore, the Group doesn’t tolerate any form of harassment of a person, whether sexual or psychological, regardless of the means used (physical, visual or via digital communication channels), in the workplace or having any connection to Michelin’s business, including when it concerns/comes from external stakeholders (candidates, suppliers, customers, partners, dealers, visitors). Harassing someone while being in a position of authority over the person constitutes an aggravating circumstance. Any act qualified as harassment shall give rise to sanctions.
Inappropriate behavior is also prohibited in that it violates the Group's ethics standards and requirements. Such behaviors will also be subject to appropriate response depending on the circumstances in which they were committed.
Michelin makes its zero tolerance policy for harassment – regardless of the harasser’s position in the company
- clearly visible. It puts in place accessible, fair and confidential complaint channels for employees and its main stakeholders and encourages any person who experienced or witnessed of harassment or inappropriate behavior to report it. This approach promotes an environment where people feel in full confidence to express their concerns and the Group commits to protect everyone who reports a case in good faith from any retaliation.
The Group commits to treating all cases seriously, with respect for confidentiality, in a timely manner, with the highest diligence and with impartiality, taking appropriate measures to avoid any possible conflict of interest during the investigation. The Group is committed to sanction all forms of proven harassment and puts in place proportionate corrective actions to remedy proven inappropriate behaviors.
Michelin takes prevention and detection measures in every region, regularly training managers and human resources personnel to promote an exemplary attitude according to the present Code as well as the ICARE leadership model and to lead an open dialogue in the teams on inappropriate behaviors in the workplace. Training aims to enable managers and members of Personnel Department to identify wrong behaviors and assure that alerts relating to situations of harassment or inappropriate behaviors are treated seriously and effectively.
Michelin is also careful that company transformation projects will not result in any form of institutional harassment and involves employees in the design of the associated prevention measures.
Persons who have been subjected to inappropriate behavior or sexual or moral harassment confirmed following an internal investigation, will be accompanied in their professional and personal recovery.
Each year, Michelin reports transparently the number of alerts for harassment or inappropriate behavior and the actions taken or sanctions pronounced, taking care always to preserve the anonymity of persons and the confidentiality of their information.
Do: I must
All employees
- Refrain from engaging in any type of inappropriate or harassing behaviors
- Have a respectful attitude, use respectful language with all people I meet at work, including during contact via electronic tools (email, video, sms messages, etc.).
- Pay attention to the well-being of other colleagues, detect possible discomfort and react to inappropriate or harassing behavior.
- Report any situation that I consider to constitute harassment or inappropriate behavior, whether I have experienced it personally or witnessed it, to my manager or another manager, the Personnel Department, the Anticipation Prevention and Protection Department, the Legal Department, an employee representative, the company medical officer or the Region Compliance Officer and through the Ethics Line.
Managers
- Create and maintain a climate of respect for people that encourages dialogue and the expression of all issues.
- Be attentive to the way team members react to a management style and take their comments into consideration.
- Inform employees of the possible ways to report concerns in the event of harassment or inappropriate behavior and provide any appropriate support in their efforts.
- Encourage employees to report incidents likely to constitute harassment or inappropriate behaviour, whether these incidents are suffered directly or witnessed by employees against another person.
- Report to the Ethics Line, the Personnel Department and their own managers any possible harassment or inappropriate behavior alert of which they are aware. Employees can also report it to Anticipation Prevention and Protection, the Legal Department and/or the Region Compliance Officer.
- Make everybody aware of behaviors and comments, including unconscious ones, that can lead to harassment or inappropriate behaviors in order to recognize and avoid them, and to know the steps to take in the event of an observation or alert and to react if necessary.
Don't: I must not
- Make comments or gestures that, even if seemingly innocuous or humorous, have the effect of belittling, hurting or disturbing a person, or of dismissing or discounting someone’s opinions.
- Persist in trying to interest a person romantically or sexually when that person shows no interest in return or rejects such advances.
- Ignore or minimize alerts of moral, sexual or institutional harassment or inappropriate behavior.
- Require employees to meet targets at all costs if circumstances make this impossible.
- Conduct an investigation by myself on harassment or inappropriate behavior alerts
Practical case 1
You notice that within your team, one of your colleagues is always ignored by another colleague, who never greets this person, does not invite them to participate in team meetings and regularly makes disparaging remarks about their physical appearance.
You attempt to engage in dialogue with them and with the colleague about what you believe to be an improper practice.
You encourage the person to speak to his/her manager or PDP and to make a report on the Ethics Line.
You can also inform your manager of your findings.
Practical case 2
Your line manager is very demanding. The manager publicly reprimands team members when some work has not been done in the way he/she expected and can humiliate a person in the middle of a meeting, creating a fearful or stressful climate and damaging the motivation of the entire team. No one dares to make remarks to the manager because they are very high up and everyone is afraid of the consequences.
You can go and talk to the manager alone or with other colleagues and tell them that their behavior is demotivating and stressful and harms the team.
If the manager does not respond, you make a report on the Ethics Line. Besides doing that, you can talk to your Development Partner.
The fact that the person occupies a high hierarchical position in the company does not give them any special protection. Furthermore, company policy protects you from reprisals.
Practical case 3
During a team building, an external speaker has behaved inappropriately towards you, paying you loud compliments, following you around during all the activities and proposing to meet for a drink. This made you feel very uncomfortable and interfered with the activities. You can:
Be assertive with the facilitator and ask them to stop the inappropriate behavior. You can do this alone or with a colleague, so that you feel supported.
Report on the Ethics Line. Besides doing that, you can talk to your manager or your Development Partner.
It is essential to put a stop to any unacceptable behavior before it can degenerate, and to prevent its recurrence with others.
Practical case 4
You work in the sales force and a customer had made clear that he wanted to go on a date with you outside the work location, inviting you several times for a drink or dinner. After you declined their invitations, the customer said they would stop buying Michelin products or would buy them in a much lower quantity if you would not respond positively to these requests.
You must talk to your manager and report the matter on the Ethics Line.
Besides that, you can also report the case to your Development Partner.
Practical case 5
One of your colleagues keeps slapping people on the back. The colleague seems to consider that as a friendly gesture. But you see that some people are offended by this behavior and don’t dare to say something.
You explain to this colleague that this habit is not accepted by others and can hurt them. You ask that the colleague stop doing it.
