The Workplace Civility Toolkit

More than once today I witnessed an interpersonal exchange between two people and wondered, "Whatever happened to extending basic courtesies?" I’m finding myself thinking about this question more and more these days. I’m also finding my clients are suffering from this growing epidemic – disrespectful behaviors in the workplace. Issues are surfacing in the form of:

• Low morale and disengagement
• Negative impact of conflicts on productivity and efficiencies
• Lost management hours spent counseling and re-counseling co-workers
• Declining customer satisfaction based on encountering ‘rude’ employee behaviors
• Lost revenues as a result of customers taking their business where they are treated with respect
• Increase in financial penalties resulting from EEOC and harassment claims.
 

So what’s fueling this increase in disrespectful behaviors? There probably are a lot of things. Let’s face it, life has become more stressful. It doesn’t matter if we’re talking about doing more with less at work, or looking for a job, or trying to keep up with technology or protecting ourselves from the uncertainty of global financial issues. Plus, as more components of our society are accepting and promoting rude behaviors as ‘cool,’ it reinforces that it’s ok. But don’t get me wrong, that doesn’t give anyone a license to be rude.

I think we’re at a critical point where organizations, families, and communities need to reintroduce the idea of ‘civility’ into personal and professional engagements. When I think about civility, I’m envisioning more than just polite courtesies. The word ‘civility’ is derived from the Old French and Latin term for ‘good citizen,’ and translates to living respectfully in a community. Civility is an essential component of human sustainability, enabling people not only to survive, but to thrive. So beyond focusing on stress and anger management training and counseling, what can we do to return our workplaces to a more civil environment?

Best Practices

It’s important for organizations not only to ‘talk the talk’ of civility, but also to demonstrate it. Along with the leadership’s demonstrated commitment to respectful living, they also need to hold workers accountable for the same standards of civil engagement. Here are a few ‘tools’ or best practices that can help employees do their part to improve workplace relationships and ultimately retention and productivity, while reducing the risk of lawsuits:

1. Make a habit of practicing kindness, generosity and gratitude. Not only does this make a positive impact on morale and productivity, but research has shown that people who approach life from this perspective live longer, are healthier and are happier.
2. Create spaces for employees to nurture social relationships in order to know each other as people as well as co-workers. Make sure employees understand the importance of balancing ‘on line’ relationships with face-to-face conversations. Email and text messaging is not always a reliable form of communication and often results in misunderstanding.
3. Offer training and coaching to leaders, managers and employees to help them build and strengthen their communication skills with options for respectfully approaching difficult conversations, dealing with different work styles, and resolving workplace conflicts.
4. Offer assistance to managers and co-workers who are struggling with resolving a conflict on their own. The longer the conflict lingers, the harder it will be for the employees to resolve, and the more negative an impact it will have on the office environment as a whole.
5. Commit to a zero tolerance for workplace vulgarity, as well as harassing and bullying behaviors. I realize that identifying harassing and bullying behaviors can be subjective, but if an employee perceives behaviors as disrespectful, that should be enough of a reason to ask the co-worker to stop the behavior.

So What’s Next?

Creating working communities that practice civility isn’t hard. Employees just need to be reminded of the simple guidelines and performance expectations for monitoring their own behaviors. As employees realize management is serious about improving the workplace culture, they’ll also see the benefits of everyone doing their part. Ignoring this disturbing trend by doing nothing to improve the level of respect shared between co-workers and stakeholders is not a viable strategy. The choice to take no action will only result in a workplace filled with more troubled relationships and give competitors an advantage.

As always, I welcome your comments to my posting; please share your thoughts below. I appreciate your sharing a copy of this article with others you believe will find it interesting. Have a great week.

This article was written by Deborah A. King, SPHR, CEO and Sr. Organization Effectiveness Consultant with Evolution Management, Inc. Debbie and her team are ready to assist with organizational assessments, team development, training and the integration of a message of civility into human resource policies, practices and workplace culture.

If you’re interested in learning more about our services, please contact us at www.evolutionmgt.com or 770.587.9032.

Corninne Gregory

Are You Ready to Conduct a Workplace Investigation?

How would your workplace culture, attention to employee safety, or commitment to a workplace free from harassment look if it was being examined by others outside of your organization? Would it live up to the corporate branding and messaging shared with internal and external stakeholders? Would outsiders view your corporate practices and decisions as fair and equitable?

Tillman Coffey of Fisher & Phillips LLP posed an interesting question at the recent SHRM-Atlanta Conference, “How Would This Look in Court?” Tillman’s presentation focused specifically on witness depositions, something corporate leaders, especially human resource professionals, participate in. His presentation was engaging, humorous, and educational. In the entertaining video Fisher & Phillips created to illustrate how challenging depositions can be, there was one question asked of the “HR Manager” that stood out for me. The question was, “What type of training have you personally had on how to conduct a workplace sexual harassment investigation?” Conducting a workplace investigation is serious business and shouldn’t be taken lightly. Organizations should ensure personnel charged with leading investigations receive the proper training in order to be confident and credible in the undertaking.

As an overview of the phases and nuances to be considered, here are some suggested best practices to include in an investigation strategy:

Treat the Allegations Seriously

As a general rule, the employer should take immediate steps any time an employee makes an informal or formal complaint, or when a manager witnesses or has reason to suspect employee misconduct that violates workplace policies. These steps could include:

• Develop an investigation strategy, including designing the appropriate questions
• Protect those involved from workplace disruption
• Attempt to resolve the alleged conflict as quickly as possible

Situations such as on-the-job accidents, workplace harassment, ethics, and whistleblowing will be subject to compliance with federal, state or local investigation requirements. In these circumstances engaging with legal counsel may be necessary.

As demonstrated by Tillman’s video "spoof," there are also a number of things an employer should not do when an employee complains:

• Joke about the situation
• Take sides or give personal opinions
• Fire the complainer
• Discuss the complaint with others who are not involved

Choose the Right Investigator

The Society for Human Resource Management (SHRM) defines the hallmarks of the "right" investigator as someone with the right level of experience, neutrality and objectivity. The HR manager is often tapped to conduct an investigation because of the nature of the position, the ability to remain neutral and strong competencies in the areas of interpersonal skills. However, this isn’t a "given." In some situations there could be a disadvantage to HR taking on this role if there has been no relevant training, or there is a possibility the employee will view HR as being too closely aligned with management.

Depending on the circumstances and the individuals involved, there are other options for assigning an investigation leader: internal security personnel, outside HR consultant, and in-house or outside legal counsel.

Legal Issues

Even when the decision is made to not have legal counsel take the lead on the investigation, it is probably worth the investment to work with counsel to outline the legal issues associated in the investigation. This conversation may involve exploring topics such as:

• Employee perceived or legal rights for privacy
• Guidance issued by the Equal Employment Opportunity Commission (EEOC) to ensure proper steps are taken in cases involving alleged harassment
• Dispute resolution terms included in Collective Bargaining Agreements
• Management of relevant documents to the investigation
• Process for coordination with internal and external media outlets

Investigate Thoroughly

Begin the investigation process by meeting with the employee who brought the complaint forward and then follow up by meeting with the alleged wrongdoer and all witnesses identified by either party.

• Allow each individual the opportunity to tell their story without interruption
• Take detailed notes; document facts, not opinions or conclusions
• Obtain relevant documentation
• Maintain confidentiality – only disclose information on a "need to know" basis
• Advise parties involved to keep information about the investigation confidential

Don’t Get Bogged Down

The investigator should stay in touch with both parties throughout the investigation to let them know things are still proceeding. Often the investigator is faced with a "he said/she said" dilemma which can sends the process in circles. The law firm of Ford & Harrison suggests assessing the credibility of witnesses based on these factors to aid in making a judgment as to whether the events happened as described:

Demeanor, Consistency, Chronology, Corroboration, Plausibility, History and Motivation

Complete the Investigation

After gathering the facts, the investigator will review the information and make a credible determination based on a "preponderance of the evidence." Depending on the circumstances the employer may request a written report or a verbal debrief. Be prepared to discuss investigation methods, conclusions and recommendations, as appropriate.

If the investigator concludes improper conduct did occur, disciplinary action must be determined. This usually is the responsibility of decision-makers on the leadership team, including HR. Once the action is determined, the employee who filed the complaint should be advised of the corrective action that will be taken.

Naturally, the employee accused of wrong-doing will be advised of the results of the investigation and the plan for corrective action to be taken. The investigator keeps the conversation brief, summarizing the findings along with next steps. It’s also important to remind the employee that the findings were based on what is and is not acceptable workplace behavior.

If the investigator concludes there were no findings of misconduct, the discussion with the complainant will focus on the employer’s commitment to continue to provide a respectful, harassment- and retaliation-free workplace environment. The meeting with the accused employee will focus on the fact that there were no findings of wrong doing and that retaliation will not be tolerated, and may be cause for further investigation.

Documentation

In most situations, documentation of interviews and other oral communications conducted during the investigation will be summarized in writing, and signed by the respective parties to confirm the facts. Legal counsel will advise HR about what level of documentation is appropriate for the investigation. Maintenance of any investigation documentation should be separate from the personnel files of the individuals involved.

Obviously, I’m an HR/OD Consultant, not an attorney, so none of this information is presented as legal advice. The purpose is to draw attention to key protocols to be considered when planning to conduct a workplace investigation. The point Mr. Coffey made in his presentation was to be aware and sensitive to the fact that seemingly routine HR issues often lead to litigation and most often they look different in court than they did in the office. If "people issues" surface in your organization, I hope these highlights will be helpful in determining your strategy.

As always, I welcome your comments to my posting; please click below. If you found this article interesting and helpful, I’m very happy for you to pass it along to others. Have a great week.

This article was written by Deborah A. King, SPHR, CEO and Sr. Organization Effectiveness Consultant with Evolution Management, Inc. Debbie and her team are ready to assist with the design and implementation of HR and OD initiatives. Contact us for more information; www.evolutionmgt.com; 770.587.9032.

Good Morning America Report

Is Your Zero-Tolerance Training Program Working?

This week the topic of harassment is again front and center in our workplaces, schools, and political arenas. As an HR professional dedicated to ensuring that the workplace is welcoming and respectful to everyone, I found myself questioning "Where did we go wrong? After all the years of training, coaching, and sensitivity training, provided by firms of all sizes, why are we still having conversations about inappropriate behaviors? In addition to our training efforts, have the laws also failed?"

As many women who went to work in the 70’s and 80’s can attest to, it was not unusual at that time for bosses (primarily male bosses) to make passes at and disrespectful comments to women in the workplace. The workplace culture up until that time was primarily male dominated, and they didn't seem to think they were doing anything wrong. But the diversity of the workplace changed, and that laid the groundwork for the culture changes to come.

Although the Supreme Court ruled in 1986 that sexual harassment was a discriminatory action and a violation of federal law, organizations didn’t pay much attention. It really wasn’t until 1991 when Anita Hill gave a face and a voice to the oppressive behaviors and negative impacts of harassment in the workplace that organizations began to look in the mirror. What they found was the demographics of employees had changed and the new workforce was demanding a shift in the status quo of male-dominated workplace cultures and behaviors. The workplace could no longer be the "club" for off-color jokes, bad language, inappropriate advances, or promotions for those bullied into granting sexual favors. Analyzing the claims of harassment that began to be more frequently reported, researchers helped us understand that sexual harassment and hostile work environment weren’t really about sex, but more about power.

The Intentional and Unintentional Consequences

The basis for harassment today remains the same, someone with power taking advantage of someone with little or no power. The Equal Employment Opportunity Commission website contains information on both harassment and sexual harassment; both illegal and punishable by fines.

With courts seeing many harassment cases over the years, they now place the burden on the employer to prove that the harassment did not occur. The courts have come to the realization that people will be people and therefore, employers should be aware that some form of harassment could be occurring within their workplace at any time. Based on that assumption, each employer is required to take the appropriate steps to ensure their workplace is free of harassing behaviors, and that processes are in place to report it, investigate it and stop it. However, even with clarified roles and responsibilities regarding harassment, the EEOC reports that nearly $100M in legal settlements were paid in 2010.

Although we have gained a greater awareness of actions that make others uncomfortable and behavioral changes have occurred to improve respectful workplace relationships, unintended consequences have also resulted from attempts to stop harassment in the workplace:

• Individuals often don’t want to report the incident for fear of embarrassment or retaliation.
• Individuals have learned they can get a lot of people stirred up, create moments of media fame, and often profit financially by reporting false accusations of harassment.
• Some organizations have adopted the view that "settlements" are a cost of doing business.
• As our workplaces have grown with diversity, so have the number of ways harassment can occur; as a result, claims of harassment are on the rise.

So What’s Next?

I’m sad to share that a recent national study, to be released next week, conducted by the American Association of University Women finds that 50 percent of 7th to 12th grade students reported experiencing sexual harassment in the last school year! Eighty-seven percent of those who reported being harassed also reported negative effects such as absenteeism, poor sleep and illness. These students, harassed by other students who had more "informal" power at school, will soon be in our candidate pools. What does this growing trend in high schools across the country mean to the orientation, on-boarding, training, mentoring and performance programs in our organization?

We are exposed, if only for a nano-second of a sound bite, to the realities of workplace vulnerabilities when they impact business leaders, celebrities, athletes or schools and universities dealing with claims of hostile environments or sexual harassment. Often our tendencies are to bury our heads in the sand, not wanting to face what might be happening within our own cultures and sub-cultures. Perhaps the reemergence of harassment in the news should be viewed as a wake-up call to investigate what our organization is offering in the form of training, coaching, hotlines, etc.

Yes, people will be people, but every CEO is responsible for setting the tone for appropriate and respectful behaviors. Boards need to be holding the CEO’s responsible, and HR should be orchestrating training, surveys and coaching programs aimed not only at raising awareness but also at helping individuals unable to change behaviors on their own. Certainly offenders who do not improve their behaviors with colleagues should be fired; obviously they are not a match for the values and culture of the organization.

Today the courts are seeing more male-on-male harassment, but that doesn’t mean that women being harassed by males has been eliminated. Nor does it mean that hostile environments due to religion, age, race, color, disability, or national origin have been curtailed. Technology and the journey we have taken to a 24/7 environment also opens up opportunities for harassment in the form of text messages, social media postings, etc. (Don’t miss the Textual Harassment video on my whiteboard below). Some experts speculate that the true picture of harassment is being masked by the recession; people wanting to hold on to their jobs, regardless of the circumstances, are not reporting abuse.

I believe, especially with the conditions of a struggling economy, businesses should not take their eyes off the need to gear up and update zero-tolerance training programs. Harassment or bullying, as it’s called in the schools, is alive and well. Businesses need to be cultivating cultures of respect, engagement, and sustainability. Claims of harassment played out in the courts, newspapers, internet and around the water cooler can quickly call into question and destroy a strong and credible reputation. Strategies to ensure that inappropriate comments, behaviors and practices are not tolerated are an investment in the future.

It’s hard to believe that people don’t know how to respect the differences and values of each other, but statistics show us this problem continues. But you know what they say – if we keep doing the same thing, why should we expect a different outcome? So my question is:

If we haven’t achieved the level of success we were looking for with the training and awareness programs we’re currently utilizing, what other actions should we consider to eliminate harassment in our organizations? What’s your organization doing?

Please share your comments below.

 New Method of Harassment

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