Tag Archives: company culture

#MeToo: Marrying Compliance with Culture

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I am pleased to share my latest post to The SHRM Blog.

No one can credibly deny that sexual harassment is a persistent and pervasive problem.  It infects all industries; none is immune.

While this blog focuses on sexual harassment, we must create cultures that do not tolerate any kind of harassing behavior, such as harassment based on race, ethnicity, age or disability.  Harassment of any kind is the enemy of inclusion.

As employers, we must protect from harassing conduct not only our applicants and employees but also others who work with them. At the same time, we must ensure that there is due process for those who are accused of causing harm; after all, not every complaint is necessarily true.

In all cases, however:  every complaint must be taken seriously; every complainant must be treated with respect and dignity; and every investigation must be conducted promptly, thoroughly and impartially.  The process by which we investigate harassment claims plays a key role in determining whether employees–as complainants, witnesses or accused–trust the process.

If a company concludes that someone has engaged in sexual assault, unlawful harassment or harassing behavior, even if the harassing behavior is not “bad enough” to be unlawful, an employer must take prompt and proportionate corrective action.   Sometimes, but not always, that means termination.

Of course, no matter how strong our commitment to avoiding harassment may be and appropriate corrective action where unacceptable conduct has occurred, our commitment will not be realized, unless there is a culture that does not brook retaliation by anyone of any kind. If people are afraid of retribution, they won’t speak up, the process will fail and individuals will suffer in silence.

To ensure there is neither harassing nor retaliatory behavior, employers must focus on compliance.  This includes, by way of example only, a strong anti-harassment policy with a robust complaint procedure and strong assurances against retaliation.

We also must train our leaders not only to avoid bad behavior but also to call it out “in the moment” if they see or hear it.  To be silent is to be complicit, and the cultural message  resounds loudly.

Our compliance efforts should reflect and reinforce a culture where respect is expected and harassing and other bad behaviors are shunned, indeed condemned.  In a strong culture, you don’t get along by going along with harassing conduct. You get along by treating colleagues respectfully.

This is not to suggest compliance is irrelevant and culture is everything.  The key is to marry culture and compliance.

Your compliance efforts should improve your culture and your culture must inform your compliance.  Bottom line: our compliance efforts must become part of our cultural DNA.

4 Red Flags That Administrative Work is Sucking the Life from Your Team

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I am pleased to share my latest article posted to Entrepreneur.

Entrepreneurs live to create, develop and refine products and services. They love using creativity to make a difference. The smart ones know they need the support of those who are comfortable with administrative stuff. Somebody has to make the trains run on time!

Administrative work needs to be valued but, over and over, I hear entrepreneurs complain they spend too much on administrative work of questionable value. “Administration” can become a behemoth that crushes creativity and steals time. Here are four red flags that administration may be interfering with your mission.

1. To get an answer you have to talk with many people.

If you regularly need to speak with five people to get one answer, you have a problem. Time is not only money but also energy. When no one knows the whole picture, then those with power will have more power but at the expense of profitability and the sanity of the employees.

2. Regularly hearing “not my job.”

Most employees sincerely want to do a good job. More often than not, employees welcome the opportunity to expand their skill. Of course, there is the occasional employee who will say “not my job.” But, what if that is something you routinely hear from different people in different words or ways?

The pattern may speak volumes. As insane as it sounds, the employees may have been instructed not to help. Use your people skills to ask directly and respectfully why the resistance. Listen not only to what is said but also what is not said. You may find the employee is uncomfortable with not helping as you are in getting the help you need. But, the employee is simply following orders.

3. Rigid rules instead of value-based rules.

We need values-based rules, such as not tolerating harassing conduct, and to enforce such values-based rules aggressively. This is different from rigid rules relating to operations that have no relationship to values or the evolving nature of business.

Every organization must have structure. But, some rules are implemented just to give those who enforce them power. In other cases, a rule may have made sense at a given time but no longer does. Ask why the rule exists. Sometimes people don’t even know why they have rules other than, “We always have done it this way.”

Other times the rules assume the worst of all employees. Guess what: that’s what they bring out, too.

4. Redundant paperwork.

A friend of mine refers to the term as “administrivia.” The more forms, the better. To increase the torture, administration insists on multiple signatures. Worse yet, only certain people can fill out those forms. A salesperson I met took a job for less pay because she was tired of filling out forms rather than taking care of customers.

If you are considering applying for a job with the government to escape the behemoth bureaucracy that hides under the label of administration, you have a problem.

What do you do? Stop complaining about administration if you feel your administrative function is out of control. Make sure those in leadership know where administration provides support or where it creates unnecessary obstacles.

If you provide factual concrete examples to leadership where administration provides unnecessary obstacles, you should get relief. If not, you may need to look to another employer to provide it.

10 Ways to Celebrate the Holidays and Minimize Legal Risk

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I am please to post my most recent blog on 10 ways to maximize inclusion and minimize the risk of the holidays: https://www.entrepreneur.com 

The rapidly-approaching holiday season can be the most wonderful time of the year, but it also poses legal and employee relations challenges to entrepreneurs of all sizes. But most of these challenges can be mitigated with some thoughtful planning. So here’s a checklist of issues to minimize the risk that your December celebrations will result in January claims.

1. Don’t eliminate Christmas.
Don’t eliminate Christmas from the holiday season, says this Jewish guy. It’s a beautiful holiday that should be celebrated. And a Christmas tree is just fine, too. But what about those who don’t celebrate Christmas? Read on.

2. Include other holidays.
General rule for the holiday season: it’s about inclusion, not exclusion. Rather than excluding Christmas, recognize other holidays, such as Hanukkah and Kwanza. Consider a menorah and Kwanza basket along with the Christmas tree.

3. What holiday did you forget?
You don’t know what you don’t know. Profound. So, ask. Ask employees if there is a holiday that they would like to see included in the celebration (and that includes decorations).

4. What should you call your party?
“Holiday party” is the most inclusive term. Make your party more inclusive by having decorations and the music reflect diverse holidays.

Think also about your choice of decorations and songs. Those that are religious are more appropriate for religious celebrations (or for religious employers).

What if someone is offended by Bruce Springsteen’s “Santa Claus is Coming to Town”? May that be your biggest problem.

5. Should you serve alcohol?
Never serve it to minors. Make clear adults who get it for them will be fired. As for adults, take steps to minimize abuse, such as limiting drinks, providing lots of food or even making employees pay for alcohol and then donating the money to charity.

Even with restrictions, assume some people will abuse the alcohol you serve. Consider having cab vouchers ready for them without management knowing who the users are. This increases the likelihood that those who need vouchers will use them.

6. What about harassment?
December parties inevitably bring January claims about wandering hands, loose lips and… I’ll stop there. Remember, Jack Daniels is no defense.

This year, the EEOC has called out that alcohol is a risk factor when it comes to harassment, so focus proactively on this risk. Remind your employees that your harassment policy applies to the party. And make sure to name “designated watchers.”

Finally, if you are in management and you see or hear unacceptable comments or conduct, you must intervene. To see and ignore is to condone and increases your legal exposure.

7. What about the after-party?
To be blunt: no good comes from after-parties. Unless, you consider claims arising out of the after-party good. Make clear you are not sponsoring any after-party and do not allow employer money to be used for it. And never attend if you are in management. Attending is about as safe as walking on railroad tracks

8. How about gifts?
Here, too, anticipate the inappropriate. Remind employees that your harassment policy applies here, also. Stay away from the sexual or suggestive, such as gifts from Victoria’s Secret. Rule of thumb: if the gift is appropriate primarily for someone with whom you are intimate, don’t give it to an employee.

9. What about greetings?
It’s best to be general with your holiday greetings unless you know otherwise. The default should be “Happy Holidays.” But if you know someone is Christian, by all means wish that person a Merry Christmas. I know I do.

And I like when people wish me a “Happy Hanukkah” because they know I am Jewish. I am less thrilled if they are making assumptions. Make sure your employees don’t guess or assume anyone’s faith. Stereotypical assumptions here can cause myriad problems, including with customers.

10. Don’t forget the FLSA.
The Fair Labor Standards Act applies all year long, even during the holidays. So, don’t require or strongly suggest that employees attend parties outside of working hours. If you do, you may have to pay them to be miserable. Plus, if people don’t want to come, do you really want their misery there?

With all the difficulties that can accompany the holidays in the workplace, it’s a time to remember how lucky we are to be alive, and to love and to be loved. May peace be with you. Shalom.