CEOs & Boards Need Training Too

“Do CEOs get trained on harassment?”  That was the question from a lovely individual who recently went through the wringer of having to let a C-suite-level leader go in her organization.  My answer was “they should.”

Based on media reports over the past year, it doesn’t appear that CEOs, anyone in the C-suite actually get harassment training.  They may pay for training for their own staff and even for managers, but requiring the attendance of CEOs and even boards of directors appears to be few and far between.  In just the past year, CEOs at the following companies have either stepped down in the midst of scandal or were fired:

These are prominent companies.  Companies with significant public profiles.  Leaders who should have known better.  Leaders who did not receive training, who did receive training and didn’t comprehend the consequences, or who simply didn’t care.  It’s quite possible that’s where we are – some leaders may believe the rules do not apply to them.

The law has a different view.  The law says that CEOs ARE your organization.  When they engage in harassment, the organization is automatically liable.  (Yes, you read that correctly.  Automatically.  Look at Section VI in the link.)  Because CEOs – no matter the size of your organization – are your public face, they are the “alter ego” of the organization.  What they do binds the organization in business and in harassment.  For this reason, CEOs need to understand the gravity that comes with their bad decisions and actions.  They must understand that sending an inappropriate text, making a sexual request, or touching an employee improperly has significant consequences.  That it can even force the closure or bankruptcy of the organization.  It could be the end of the road.

So, I’m issuing you a challenge HR friends.  As you get ready for 2019 and you organize your training schedule for the year, include your leaders in harassment training.  Involve your board of directors.  Make sure that they attend.  Go over what happens if they engage in harassment.  Explain the investigative process –their technology will be reviewed, including texts and emails.  If you do this, you’ll help protect your organization and hopefully prevent harassment.

Quick story – I once did two trainings for a company.  On the first day, I trained all the managers and leadership, including the CEO.  The second day, I trained employees.  To show how important the training was to the company, the CEO introduced me.  He started with the expected “we take this very seriously” and then said, “I think you’ll like Kate, she’s loose.”  Now, he meant that I was not a stuffy attorney, but nevertheless, that was lesson number one of the training.  He turned all sorts of red, apologized immediately, and we all had a laugh.  I promise you, no one in that organization who was there will forget that and everyone learned something.

If you need help planning your training, take a look here.

 

Photo by Tyler B on Unsplash

Getting Harassment Training Right

Over the last year, I’ve done hundreds of respectful workplace (a/k/a harassment) trainings.  I love this training.  It is my favorite.  This is training is so vital to every organization that I will move vacations to do it.  Seriously.

I speak publicly on harassment training.  Just this year, I’ve done a DisruptHR talk, the North Dakota’s Workforce Development Conference, Minnesota SHRM, and soon the Minnesota Association of Legal Administrators conference on this topic.

I’ve even written a lot on harassment training.  (See here and here for training specifically, and here and here for more general training references.)  The writing has helped me focus my own trainings, making them better for my clients.

After this year (and the years before that), I’ve come up with my own philosophy on harassment training – what makes it good, what can we do better, what should employers consider, etc.  Ultimate Software has been kind enough to include my diatribe on the subject in their collection of white papers.  You can find it here.   Please, if you’re considering putting harassment training on your list of to-dos for 2019, read it.

If Amazon’s Tool Could Discriminate, Could Yours?

Yesterday, Reuters reported that Amazon created a recruiting engine using artificial intelligence.  This isn’t news.  Amazon is a leader in automation, so it makes sense that the retail giant would try automation in their own recruiting processes to try to quickly find the “best” candidates.  Yet, Amazon’s tool had a big problem – it didn’t like women.

As the article describes, “Everyone wanted this holy grail,” one of the people said. “They literally wanted it to be an engine where I’m going to give you 100 resumes, it will spit out the top five, and we’ll hire those.”  Who doesn’t want this?  To make hiring faster and easier?  Currently, there are hundreds of AI tools available to human resources – many of them in the recruiting space – that promise to do these things for you.  But if Amazon found problems, what about those tools?

Amazon’s tool used a 10-year look back of existing employees (largely male-dominated).  The tool then could rank applicants based on what it learned makes a good Amazonian.  Based on its own analysis, the tool learned that male candidates were preferred over female candidates in a mixture of words that appear on applications, like “women’s,” experience, job requirements, and potentially proxies for gender.  While Amazon tried to solve for this problem – making “women’s” a neutral word so the tool did not reduce the applicant’s rank – the results of the tool still had a negative impact on women.  So, in 2015, Amazon abandoned the tool.  Good for Amazon.  This is the right thing to do.  But again, there are hundreds of other AI tools out there.

At this year’s HR Tech Conference in Las Vegas, my friend Heather Bussing and I presented on this very topic.  We spoke about how AI can both amplify and reduce bias. Here are a few of the highlights:

  • We know that AI is biased because people are biased.
  • We know the sources of the bias include the data we use to teach the AI, the programming itself, the design of the tool, and people who create the tool.
  • Employers have to be vigilant with their tools.  We have to test for bias and retest and retest (and retest) for bias in our tools.
  • Employers – not the AI – are ultimately responsible for the results of the tool, because even if we follow the output of the tool, the employer is making the ultimate employment decision.

It is very possible, even probable, that the tools out there on the market have bias in them.  Employers can’t simply rely on a vendor’s salesperson’s enthusiastic declarations that the tool eliminates bias.  Instead, employers should assume bias plays a factor and look at their tool with a critical eye and try to solve for the problem ourselves.

I applaud Amazon for doing the right thing here, including testing its tool, reviewing the results, and abandoning the tool when it became clear that its bias played a part the results.  This isn’t easy for every employer.  And, not every employer is going to have the resources to do this.  This is why employers have to be vigilant and hold their vendors accountable for helping us make sure bias isn’t affecting our decisions even when using an AI tool.  Because ultimately, the employer could be liable for the discrimination that the tools aid.

 

Photo by Kevin Ku on Unsplash

Relationships Fail

I’ve been a bit of a Donna Downer over the past two weeks.  With 15 harassment/respectful workplace training sessions, I have repeatedly explained the following:

Relationships fail at an alarming rate.  Think of all the relationships you suffer through before you get married.  Could be a lot, right?  Then, only 50 percent of marriages last.  So if you start a relationship at work, it might not last.  Are you ready for that?

Fifteen percent of relationships start at work.  This means that employers – and probably more than a few HR folk – wring their hands over what could happen with a relationship at work.  They may be worried about harassment, favoritism, and the distraction.  But they are also worried about the break-up.  Will the couple be professional?  Will they be petty?  Will their harassment and retaliation policies be invoked?  There are all sorts of worry.  Here’s what I’d like us to worry about.

Professionalism.  When we’re dating someone, we’re not professional.  We don’t keep physical contact to handshakes.  We may (overly) use emojis in emails and messages.  We share secrets, gossip, and vent about work stuff with our significant others.  These are all examples of behavior that is rarely “professional.”

Confidentiality.  Being in a relationship at work may mean we’re sharing sensitive and confidential information with someone who should not have the information.  If one of the couple is in payroll, processing bonus checks before bonuses are announced and shares what his partner is going to get before the announcement, this is a problem.  When we’re in the relationship, we believe we could trust our partner, yet people make mistakes.  Information goes farther than it should.  People find out about decisions before we’re ready to share them and

Harassment.  When couples get too touchy-feely in the workplace, others are uncomfortable.  As Black Widow once told Captain America, “Public displays of affection make people uncomfortable.”  When others are uncomfortable, harassment policies come into play.  It is not unusual to see another employee complain of harassment, especially when they believe (rightly or not) that favoritism is rearing its ugly head.

Chain of command.  When a relationship involves a manager and one of her employees, everything gets more complicated.  There will be allegations of favoritism.  If (when) the couple is in conflict with each other, it may (will) affect their working relationship.  Some of my clients prohibit these kinds of relationships, and I don’t blame them.  We may change the reporting structure, transfer one to a different shift or department.  The risks here given the imbalance of power are significant.

With those concerns, some employers resort to love contracts.  Please don’t.  Love contracts give the appearance that the employer is dictating the terms and conditions of the romance.  And, with the piece of paper, we look even more like we’re heavily monitoring the relationship.  Not a good look.  That said, HR and a manager can certainly have a conversation with the couple about their responsibilities to be professional and avoid the appearance of conflicts of interests.  This conversation should happen.  It even should be documented by HR, but please don’t have a love contract signed by the couple.  We want to be human at work, not overlords.

Despite some of the content of this post, I’m a huge fan of love.  We go into love with big eyes, big hearts, and bushy tails – as it should be.  When that love happens at work, there’s a new level of complexity where we have to be careful.  Call your friendly neighborhood employment attorney.

 

Photo by Kseniya Petukhova on Unsplash

Man-Bashing Training

Question:  Do we vilify men in harassment training?   

Think about that for a moment.  Do we use more man-on-woman examples?  (Probably.)  Do we need to change this?  Yes.  Harassment training is for everybody because everybody could harass.  According to a recent poll, one in seven men has experienced harassment at work. So, we can’t ignore men and their experiences just because so many women have similar experiences.

It is possible (and maybe even likely) that we’ve created an environment surrounding harassment training that we’ve alienated men or have come across as attacking them.  If this is the case, we should be criticized.  And, we should do better.  Here’s how I think we can do this:

Know our audience.  Every training should be customized to the workplace.  If the scenarios don’t feel real, the training won’t have an impact.  Because we have men in our workplaces, we can’t exclude their experience (and fear) from our training.  We should address it, and give a workable framework on what we expect from them.

Start with respect.  Often in trainings, I hear the statement, “I can’t even compliment a woman anymore.”  This comment comes from a man, usually over 40, who is sitting with his arms crossed, angry that he even needs to be in the room.  I turn to him and say, “There’s a difference between ‘That dress is very nice on you’ and ‘That dress hugs you in all the right ways.’”  He nods, and if I’m lucky, he chuckles a bit.  I then say, “We’re here to talk about that difference.”  That difference is respect.

For all of you labor lawyers cringing at this, listen up!  We live in a society where respect is under a near constant barrage.  We can’t operate in workplaces where respect and integrity aren’t at the core of what we are.  Without respect, we don’t get innovation.  So, we should make respect the cornerstone of our training. Our employees want respect.  They expect and deserve respect.  Starting our training talking about respect is what we must do.  If every conversation was respectful, we wouldn’t have harassment.

Have diverse examples.  Women-on-women harassment happens.  Men-on-men harassment happens.  So, we should have diverse examples.  Some of my best examples – examples that result in the most discussion – are man-on-man and woman-on-man.  We want to have a discussion and a bit of uncomfortableness.  Because we learn when we experience and are at least a bit uncomfortable, the discussion has any chance to really make a difference.

Use the whole scale of harassment.  Include examples of calling someone “sweetheart” or “man candy.”  Talk about staring, dirty jokes, and racial epithets.  You can talk about kissing, hugging, and even assault too, but ignoring the subtle stuff ignores where most harassment starts.  We don’t want this.

Ask, “what would you do?”  We should put our employees in the uncomfortable position of asking them what they would do.  You may be surprised by the responses.  Then, we should explain what we want them to do.  We don’t have to change their personalities to get between a harasser and his/her victim, but we should at least explain who we want them to tell.

Harassment training should mirror the tone of our workplaces.  It should set expectations and be meaningful for employees and managers.  It should make our employees contemplate their conduct without making them feel bad.

One more point:  Ladies, we don’t get to objectify men at work.  I’ve heard the argument that men have objectified women for a long time, so women should get to objectify men as a matter of fairness or even that they like it (uff da).  But like India has to grow green while we polluted for decades, we have to do the right thing.  We can’t objectify them either.  Enjoy a Magic Mike movie, but you can’t bring the poster into the office.  Ok?

This evening, I get to talk about trends in harassment training.  I’ve very excited (and a more than a bit nervous) about this.  Eliminating man-bashing will be one of the trends along with bystander and civility components, manager focus, and welcomeness elimination.  Any others you think I should talk about?

Photo by Nicholas Green on Unsplash