HR30 Breaking Bad Behavior

Transcription

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Breaking Bad Behavior: Practical
Advice for Heading Off
Misconduct in the Workplace
Let’s Party!!!!
a f r o ma n @ l a b o r l a w ye r s . c o m
1
It’s Legal.
I Have A Prescription
2
I Have A Prescription
For That Too
I’m Legally Entitled To A Break
3
I Can Smoke These Inside
The Doctor Said It’s Good
For My Heart.
4
Dressing For the Occasion.
But It Is Neat and Clean!
5
What’s “Inappropriate” Mean?
I Don’t Have To Shave!
6
I Promise I Don’t Scare People.
It’s Just A Nose Ring!
7
I’m Allergic To Deodorant!
Child’s Play!
8
It Was A Joke!
It’s Not Gossip If It’s True!
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I Don’t Have To Like Working
Here!
I Have Freedom Of Speech!
10
But She Wanted That Picture!
Overview
•
•
•
•
•
•
Sensitivity
Respect
Awareness
Harassment
Practical Workshops
Questions Anytime
11
Today’s Workplace –
Different Views of Leadership and
Motivation
• Traditional view: “Top-down” authority
– Military, traditional bureaucratic models
– “Do as I say or you’re fired!”
• Modern view: Collaborative leadership
– Employees are mobile and have many options
– They want to be motivated instead of ordered
around
– They expect nurturing and they demand respect
– They are vigilant for examples of “harassment”
Today’s Workplace –
Different Views of Leadership and
Motivation
As a result…
Employees today are
more prone to be
sensitive to, and
complain about,
workplace problems.
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A Manager Is A
•
•
•
•
•
Leader
Motivator
Communicator
Problem Solver
Legal Representative
How We Typically Define
Communication
• Exchange of thoughts and messages
– Involves a listener/receiver and a speaker/sender
– The speaker has an enormous impact on how
well the listener actually listens
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How Communication Is
Perceived And Received
• 55% Body Language
• 38% Tone of Voice
• 7% Message
What Is Sensitivity?
• Being more aware of your own potential
predispositions of others, while becoming more
in tune to ideas that others may find sensitive.
• Understanding your own and other’s emotional
needs and sensitivities
• Accepting responsibility for your actions
• Giving credit for someone else’s work
• Not opening someone else’s emotional mail box
• Not hurting the feelings of others
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What Is The Key To Sensitivity?
• Awareness and Understanding
– Having the ability to stand back from ourselves
and become aware of the feelings of others
– All contribute significantly
How Do You Gain Awareness
and Understanding?
• Admit what you don’t know
– Accept that you don’t know everything.
– Realize that our assumptions may be wrong.
• Suspend judgments
– Collect as much information on a situation
before evaluating it.
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and Understanding?
• Systematically check your assumptions
– Ask colleagues for feedback.
– Check assumptions to make sure there is clear
understanding.
• Be comfortable with ambiguity
– Assume that other people are resourceful and
that they can add to what we may already know.
and Understanding?
• Have empathy
– To understand one another we must place
ourselves in each other’s shoes. Through this
we learn how we each want to be treated
• Value one another
– Learn to respect others
– Value giving and receiving respect
16
How Do You Give Respect?
•
•
•
•
•
Actions speak louder than words.
Use “verbal tact.”
Give positive reinforcement.
Behave professionally.
How do you treat others?
Actions Speak Louder Than
Words
• Treat people with courtesy, politeness, and
kindness.
• Listen to others before expressing your
viewpoint.
• Don’t be condescending towards others.
• Leave it a better place than you found it.
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Verbal Tact
• Do Not complain about the company, boss and
co-workers.
• Do Not speak over, interrupt, or cut off a person
speaking.
• Do Not engage in name calling.
• Avoid insults or disparaging comments.
Positive Reinforcement
• Encourage co-workers to express opinions and
ideas.
• Praise much more frequently than you criticize.
• Be honest and ask (expect) co-workers to be
honest.
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Behave Professionally
• Avoid annoying others (having loud telephone
conversations that disrupt others, etc.).
• Arrive on time to scheduled meetings.
• Produce quality work product, on time.
• Set the best example possible.
• Pretend your Mother is standing next to you.
Let’s Talk About Diversity
Diversity is simply the way in which the
people in an organization differ.
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Why Diversity Matters
Optimizes Working Relationships.
Makes Good Business Sense.
IT’S THE LAW!
Changing Demographics
• Latinos make up 12.5% of today’s U.S.
population, an increase of 60%.
• Asians make up 4% of the U.S. population, an
increase of 48%.
• African-Americans now make up 11% of the
U.S. population.
• Caucasian U.S.
population has
decreased
to 69%.
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Changing Workforce
• Minorities, women and immigrants accounted
for 85% of workforce growth between 1985 and
2000.
• Over the next thirty years,
women will out
number men in
management
and professional
positions.
It’s The Law!
• Federal Statutes
– ADA
– ADEA
– HIPAA
– NLRA
– ERISA
– OSHA
– FCRA
– FMLA
– Title VII
– USERRA
– Retaliation
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Common Law Claims
•
•
•
•
•
•
•
Assault
Battery
Breach of contract
Defamation
False imprisonment
Fraud
Infliction of emotional
distress
• Negligence
– Hiring
– Retention
– Supervision
– Investigation
Individual Supervisor Liability
• Title VII
– None
– Employers Only
• State Common Law Claims
– Individuals
– Also can be brought against employer
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Discrimination & Harassment
Not just about “sex”…
• Some Other Protected Categories:
- Age
- Race/Color
- Disability
- Religion
- Equal Pay/Compensation
- Retaliation
- Genetic Information
- Sex
- National Origin
- Service Member Status
- Pregnancy
Commonly Claimed Types of
Discrimination in 2014
Other
10%
Retaliation
31%
Disability
Age
18%
Sex
18%
Race
23%
*Source: EEOC.gov
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Potential Harassers/Law
Violators
• Co-Workers
• Non-Employee / Third Party
• Customer
Co-employee & Third Party
Legal Standard For Harassment
THE STANDARDS
Company “knew or should have known”
Unwelcome
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Supervisor
Legal Standard For Harassment
• Employer may be “Strictly Liable” because the
supervisor is the company.
Is This Prohibited?
• Sexual flirtations, advances, and propositions
• Abusive language
• Talking about sex
• Commenting about anyone’s body
• Using degrading words
• De-humanizing remarks
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Is This Prohibited?
• Displaying suggestive or offensive objects or
pictures (screen savers, e-mail, posters, calendars)
• Inappropriate touching of another person
• Unwelcome telephone calls or e-mails
• Using an inappropriate nickname
Is This Prohibited?
• Boasting about sexual conquests or abilities
• Asking intimate questions about personal
relationships
• Jokes or comments related to a protected category
(race, religion, national origin, etc.)
26
Three Elements For Harassment
Prevention
1. Preventive Action
2. Prompt Corrective Action
3. The Proper Culture
1. Reasonable Preventive
Actions
• Communicate & distribute policy
• Train employees about policy and procedure
• Observe and listen to employees
• Show management commitment
• Report all suspected potential violations
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2. Prompt Corrective Action
•
•
•
•
“Sound the Alarm”
Investigate immediately
Take prompt corrective action
Tell complainant generally about corrective
action
• Follow up with complainant
• Ensure conduct stopped
3. The Proper Culture
• Create culture where employees are
comfortable making a complaint.
• Be sure to avoid:
– Fear of retaliation
– “Gutting” complaint procedure
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Related Laws Prohibiting
Retaliation
• Workers Comp
• Bankruptcy
• Garnishments
Practical Advice For Supervisors
And Managers
• Do NOT touch employees.
• Do NOT enter into personal relationships with
employees.
• Do NOT put yourself in a situation where others
can accuse you of harassment, discrimination
or retaliation.
• Do NOT allow potentially discriminatory conduct
to occur in your presence.
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And Managers
• Do NOT agree to “just keep this quiet.” Once
you have been put on notice, you are required to
report it.
• Do NOT ask the complaining party what action
he or she wants you to take against the alleged
harasser.
• Do NOT use the company’s electronic systems
to send or forward sexually explicit or other
inappropriate material, including pictures and
jokes.
And Managers
• Do NOT attempt to conduct your own
investigation without guidance from HR.
• Do NOT tell the complaining party to “work it out”
with the harasser.
• Do NOT tell the complaining party that he or she
is overreacting.
• Do NOT tell the complaining party to go see a
lawyer.
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And Managers
•
•
•
•
DO resolve employee complaints.
DO mention the policies in meetings.
DO report suspicions or complaints to HR.
DO use the company’s electronic systems for
business communications only.
Key Requirements
• Two management duties are:
1. Report any suspected harassment policy
violation.
2. Prevent, or if necessary, promptly stop,
any harassment, discrimination or
retaliation.
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Scenario
While on break, a supervisor overhears two
employees call each other racial names. She
knows they are joking. Neither of the employees
complains to anyone.
• Does any of this conduct
violate the No Harassment
Policy?
• What should the supervisor
do, if anything?
Scenario
Alice really needs a neck rub. John, her boss,
decides to help her out.
• Is this a violation of the
No Harassment Policy?
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Scenario
Mohammed told you that the UPS guy has been
calling him a “terrorist.” You think the UPS guy is a
joker who teases many people and really means no
harm.
• Is this a violation of the policy?
• Do you have any control over the
UPS guy?
• Can you ignore mere teasing?
Scenario
Susan, an employee, and Bill, a manager, are
involved in a dating relationship that is consensual
and that does not interfere with work.
• Should the Company
be concerned?
• What should it do?
33
Scenario
Doug, an office employee, browses porn sites on the
Internet during his breaks. He keeps to himself and
has never offered to show the images to other
employees. A coworker walks into his office one day
not realizing he was on his break and sees Doug
downloading a porn site on his computer.
• Should the company be concerned?
• What should it do?
Scenario
Manager Russ is grinning from ear-to-ear because
Receptionist Jessica just agreed to accompany him
on a weekend road trip.
• Does Russ have
anything to worry
about?
34
Quiz
• If the “harassed” individual does not formally
protest or make a complaint, then the conduct
does not violate our Policy.
T
F
Quiz
• Employees should not assume that the
company is aware of a problem. Employees
should bring complaints to the company’s
attention as instructed in the No Harassment
Policy.
T
F
35
Quiz
• If an investigation shows that the reported
conduct violated our Policy, the company will
always terminate the “harasser.”
T
F
Quiz
• Under our Policy, a female employee that has
been physically touched could make a report
that she had been sexually harassed.
T
F
36
Quiz
• Racist jokes and comments violate our Policy
and should be reported.
T
F
Quiz
• It’s okay to tell a joke about a person in a
wheelchair if everyone who is listening, including
that person, laughs.
T
F
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BULLYING IN THE WORKPLACE
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Is Workplace Bullying A
Problem?
• A common experience
– 35% of workers report being the Target of a Bully
• 65 million people
• 94% report working with a Bully at some point
– Bullying is 4 times more common than harassment
• Exists in hierarchical systems
– 91% of nurses report verbal abuse
– 50% feel unable to respond
• A learned behavior
– 21% of Bullies report being the Target
of a Bully
Updates
• As of 2014, 26 states and 2 territories (Puerto
Rico and U.S. Virgin Islands) have introduced a
version of the Healthy Workplace Bill, which is
aimed at curbing workplace bullying.
http://www.healthyworkplacebill.org/states.php
• Two states, California and Tennessee, passed
(Quasi) Anti-Bullying legislation
7
39
Is There a Cost to Bullying?
• Most Certainly:
– Potential for harassment/discrimination claims
– Lost time & productivity
• leave of absence
• non-productive time
• replacing departing employees
What Is Workplace Bullying?
• No universal definition
• Actions, by an individual or group, that are:
– Repeated
– Unreasonable, out of context for situation
• And cause:
– An intentional impact on the Target
- humiliation, degradation, offense, intimidation
– Dangerous results to the Target:
- risk to safety and/or mental or physical health
issues
• Bullying is psychological violence
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Examples Of Workplace Bullying
The Obvious
• Shouting/raising voice
• Ignoring or interrupting
• Invading personal space
The Not So Obvious
• Isolating or mobbing
• Manipulating ability to do work:
– unreasonable deadlines, overloading/underloading
41
Pretextual Performance Management
• Repeated accusations of undocumented errors
• Constant criticism on matters
unrelated/minimally related to job performance
The Territory Marker
• Gets self worth from being in charge
• Covets information and relationships
• No collaboration
• No mentoring
• Creates barriers to
growth of others
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The Dismisser
•
•
•
•
The “Talk to the Hand” person
Shuts colleagues down
Humiliates others in public
Causes those around
him/her to shut down
The Space Invader
• Uses presence to intimidate
• Does not understand the concept of personal
space
• Puffing, touching, gets up close
• Shakes hand and
won’t let go
• The subtle message:
I’m in control
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The Rage-aholic
• Only has to happen once
• No one wants to be on the receiving end
Characteristics Of A Bully
• Often a disconnect between what the Bully’s
supervisor and Target experience
• Aggressive and creative
• Outgoing, funny and charming (people like him/her)
• Competitive (makes
goals and gets things
done)
• BUT – dishonest and
self-interested (most
often only the Target
sees this part)
44
Characteristics Of A Target
•
•
•
•
•
•
•
Nonexpressive, often shy
Hardworking
Smart
Socially and technically skilled
Positive attitude
Nice
Empathetic
The Bullying Dynamic
• At first, Target is too shocked to react
• Waits too long to confront or report
• Denial, shame, guilt, feels responsible
• Experiences health issue
• Stress, sleeplessness,
depression, obsession
• Diminishing job
performance
[Insert image here]
45
Must Employers Address This?
•
•
•
•
•
•
Cliques or Subgroups
Low productivity
Restricted Communications
Rigid or Dysfunctional Procedures
Defensiveness or Fear
Lack of Creative
Solutions to
Problems
• Avoidance
Must Employers Address This?
• Legal claims: negligent hiring, negligent
retention, intentional infliction of emotional
distress, assault, battery, defamation
• Harassment or discrimination claims: especially
disability if dealing with mental illness
• Private/public benefits claims: workers’
compensation, disability, FMLA, unemployment
• OSHA claims: general duty clause implications
46
Liability/Leverage
• Employee handbook issues – especially where
bullying/violence policies are implicated
• Collective bargaining agreements – potential
protections for targets and aggressors
• Forced entry laws – Allows employees to keep
guns locked in their cars, while parked at work,
regardless of the employer’s rules to the
contrary i.e. forces property owners to allow
guns on their property whether they want to or
not
States Respond To Bullying
• Since 2003, 25 states have introduced variations
of workplace anti-bullying bills that would allow
workers to sue for harassment without requiring
a showing of discrimination. No laws yet
enacted.
• Currently 11 States have 15 Bills pending:
Florida, New Mexico, Wisconsin, West Virginia,
Pennsylvania, New Jersey, New York, Vermont,
New Hampshire, Massachusetts, Hawaii.
47
Some Bullies Worth Saving?
“Sally” grew up in the organization. She created a unique
area of responsibility, but did not train others or share
information with them. Eventually, she became
indispensable. She never took vacation and her entire
department became dysfunctional.
Finally, a group reported her conduct to management.
Management admitted they had known she was
dysfunctional. Sally agreed to allow the employees to
confront her and share their concerns. Afterwards, she
promised to work with the other employees to resolve
problems and asked employees to let her know if there was
any backsliding.
Where Do We Begin? Policies
• Develop a Workplace Bullying & Violence Policy
– Define workplace violence and bullying behavior
– Provide a reporting procedure that identifies 2 to 3
specific management positions to report incidents
to
– Include a no-retaliation clause
– Inform employees that violation of the policy may
result in discipline, up to and including immediate
termination
48
Where Do We Begin? Training
• Provide Supervisor/Employee Training
– Basic leadership skills addressing employee
problems/complaints, adequate follow up,
evaluating employees, and enforcing policies and
procedures
– Anti-harassment
bullying training for
all employees
Addressing Bullying Situations
• Obtain commitment from leadership
– Notify all employees that a Bullying management
style is not consistent with the organization’s
mission and values
• Insist Bully becomes part of the solution
– Solicit feedback and be open to change
– Identify Action Plan
– Make meeting expectations a part of performance
review and then hold accountable
49
PA RT N E R
Andrew Froman
• Employment Discrimination and Related Litigation
• Sexual Harassment
• Whistleblower Actions
• Non-Competition and Trade Secrets Agreements
• Employee defection and Trade Secrets
(813) 769-7500
|
afr oman@labor law yer s.co m
Atlanta Boston Charlotte Chicago Cleveland Columbia Columbus Dallas Denver Fort Lauderdale Houston
Irvine Kansas City Las Vegas Los Angeles Louisville Memphis New England New Jersey New Orleans
Orlando Philadelphia Phoenix Portland San Diego San Francisco Tampa Washington, DC
www.laborlawyers.com
THANK YOU
FOR THIS OPPORTUNITY
w w w. l a b o r l a w ye r s . c o m
50
Your opinion matters!
Please take a moment
now to evaluate this
session.

HR30 Breaking Bad Behavior

Transcription

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