Being Human

This week, I had the enormous privilege of attending #workhuman.  If you’ve never heard of Workhuman, where have you been?  Remove yourself from under that comfy rock, and let me share all my learnin’, y’all.  (Workhuman was in Nashville this year, and now, my drawl game is strong.)

Workhuman, formerly Globoforce, is a social recognition and continuous performance management platform that can integrate with lots of different HCMs to improve how your people see and interact with each other.   Workhuman does a ton of research on the impact of social recognition on inclusion, gender, race, wellness, and performance issues that will make your jaw drop.  They’ve come up with ways to inform, but not criticize, how we use language from a gendered and racial perspective when giving recognition or feedback based on the data they have collected from millions of interactions.  It is this research informs how they do business.  They’ve learned that being human makes workplaces better.

#workhuman is their signature conference, bringing together thousands of concerned humans for the sole purpose of trying to figure out how to make the workplace more human.  The conference is all about how do we see, treat, encourage, develop, recognize, thank, and love – yes, I said love, but not in the romantic sense – the people we work with so we can all do better.  This is more than just an HR conference, it is a business conference.

Here are a few of my takeaways:

We have to revel in being uncomfortable.  Whether it was Brene Brown, Kat Cole, Candi Castleberry Singleton, David Lapin, or any of the other speakers, this was a powerful take away.  As a society, we are at a tipping point.  Our workplaces are also at this tipping point.  We can’t simply put our heads down, our safety googles on, and focus on productivity goals if we’re going to be successful.  If we’re going to have people in our workplaces, we need to accept and welcome them as they are.  We’re going to have to talk to them about the heavy society concerns from gun safety, policy brutality, offensive tweets, gender and racial inequality, and the fear that prevents us from being our whole selves.  Allianz does this, Kat Cole does this, we should all do this.

Recognition makes a difference.  Data is the best.  Data that shows we can make a dent in the problems that plague our workplaces is even better.  The data Workhuman shared on how recognition can improve our connections at work, our engagement at work, and help plug the holes in our leaky buckets is so impressive.  I want to know more.  Luckily, there’s a resource page devoted to this!

Pobody’s nerfect, but we can all be resilient.  If we’re going to have difficult, uncomfortable conversations at work, we’re going to make mistakes.  We’re going to hear antiquated language that is now offensive.  We will have to tackle our fear with a battering ram.  We’re going to have to be brave and vulnerable.  We’re going to have to rely on our integrity, strength, and humanity to deal with the mistakes, use them as teachable moments, and move on.  I’m not saying that every mistake is just a mistake – some mistakes warrant termination – but as we encourage these conversations, forgiveness and resilience will be powerful to keep us moving forward.

Being human is hard.  As a crier, I was moved to tears a couple of times – not gonna lie.  It is hard to be vulnerable, willing to fail, learning from our mistakes, and sharing our failures so others can learn from them too.  No one promised this life, in general or in business, was going to be easy.  So, grab your friends, family, co-workers, and meet these obstacles head on.

I cannot oversell #workhuman.  Every attendee self-reflects, does some mental gymnastics, and learned from this conference.  Next year, Workhuman is in Denver.  I hope to be there.  I hope you all are too.

 

Photo by mauro mora on Unsplash

Two-Percent, Schmoopercent

Almost two weeks ago, the Washington Post published an article detailing the efforts of the U.S. Equal Employment Opportunity Commission to resolve workplace disputes over harassment and discrimination.  For past two weeks, the article has been nagging me.  Like really, really nagging me.

Out of all the data the Post reviewed, only two percent of the sex, disability, or retaliation cases had a cause finding, meaning the EEOC found cause to believe discrimination or harassment occurred.  In race and age cases, the EEOC found cause to believe discrimination or harassment occurred in only one percent of cases.  Does this mean that between two and one percent of the people who filed charges of discrimination actually have a case?  No.  It can’t mean that.  What do these numbers mean then?

The idea that “nothing will happen if I complain” is bolstered by these numbers.  If any reasonable person who believed they might have a legitimate case of discrimination or harassment read this article, will they still file a charge?  Still go through the stress and anguish of telling their story and waiting months and months to find out that the federal agency they turned to has nothing to help them?  Probably not.

The argument of “Discrimination has been solved and we don’t have to do anything about it anymore” is also bolstered by these numbers.  Yet, most of us know that discrimination and harassment are not solved.  Society still has problems with bias and microaggressions that seriously affect our ability to be a just and civil society and definitely, negatively impact our workplaces.  Yet, some jackass (yes, I meant to swear) is going to point at these numbers and say, “see, there’s nothing here.”

To give the EEOC some credit, they are heavily overworked, underpaid, and under significant pressure to turn cases over as fast as they can.  This means that the easiest thing to do is to try to get some kind of result (note the percentages in the teens for some sort of recovery) and then issue a no cause determination.  But the budgetary and staffing woes of EEOC are not the only reasons for these dismally low numbers.

Another reason for these dismally small numbers is the law.  The law has set an incredibly high standard for what actually is harassment and discrimination.  Employment lawyers joke that that every employer gets one boob grab or one n-word before the conduct is severe and pervasive enough to create real liability.  The joke is kinda-sorta funny because it’s kinda-sorta true.  An employer is not likely to be liable for discrimination, the microaggressions, the different treatment until it is really bad.

We have two choices.  One, we can change the law.  Some states are considering lowering the standard, so employees don’t have to meet such high bar to show discrimination or harassment.  (California passed this law, and Minnesota is considering it.)  By removing the analysis of severe and pervasive, employees may have an easier time proving discrimination or harassment pushing employers to take action sooner when confronted with inappropriate behavior.

Two, we can lower the bar ourselves.  We, as employers and HR pros, can set the bar at the level of behavior we are going to tolerate, meaning we can choose not to tolerate microaggressions.  We can choose not to tolerate a single boob grab or n-word.  We can choose not to tolerate the behavior that so many already believe is intolerable.  We don’t have to rush to terminate when communication problems are the culprit, but we can take action more often to make our folks comfortable to be themselves in our workplaces.

This is the thing about the law.  It is most often the floor.  We can do more.  We can say two-percent, shmoopercent.  We will look at every situation, every individual, and say, “You will be respected” and actually mean it by our policies, our trainings, and our actions.

 

Photo by Sebastian Pichler 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.

Is HR Two-Faced? You Betcha.

HR has two faces.  This is not necessarily a bad thing – it’s by design.  To employees, we are the face of management.  To management, we are the face of employees.  This is what makes our job so darn hard.

Employees need us to be their advocate to management.  We beg, borrow, and steal for increased benefits, argue that people should be disciplined, we ask for more training and opportunity for employees, we pass tissues when someone is upset, we help get them leave when a grandma is sick or a baby is on the way, etc.

Management expects us to keep them safe.  We create policies that govern employee behavior, we find people so the widgets get made, we draft severance agreements when a manager screws up, we coach managers how to have tough conversations, we try to reduce liability by implementing safety programs, etc.

Some of us really like one side over the other, but both are expected and important.  Problems arise when we show the wrong face.  When we brag to employees just how hard we’ve been working on their behalf, management hears of it and loses trust in us.  When we gossip with employees about management strategy, employees learn they can’t trust us either.  When we stop advocating for employees with management, the employees know we’ve stopped.  Then, they know they can’t come to us with problems – we’ll just can’t be bothered by them.

These two faces are really hard to maintain.  We can’t have deep friendships with the people we work with for fear of the time when we have a tough conversation with our friend that ends in her termination. But we want to know enough about people so they feel comfortable coming to us with concerns even if we don’t partake in the party after the company party.  This professional distance is important for us to do our jobs, so we’re trusted enough to do our jobs.

Sometimes, we can’t show either face until we have facts.  When we hear about harassment is one of those times.  We are empathetic and appreciative to the person who brought us the complaint, but we can’t make admissions like “I’m so sorry” or “We’ll make this right.”  This could show the employee that we’re on her side, undermining our investigation.  OR – perhaps more destructively – we show the employee our management face that’s cold and “just the fact’s ma’am” ensuring that no employee ever tells us about harassment again because we appeared to immediately take the side of the harasser.  Once we have completed the investigation, we advocate to management about what should be done, even if it’s nothing.  When we advocate for the ultimate penalty (termination), we put our credibility and relationship with management on the line.  Then, if we lose, we have to make tough decisions for ourselves.

We don’t always win.  We advocate and lose on both sides, employees and management.  But even when we lose, our job is to build relationships strong enough to get past the loss so we can be ready for the next round. OR, if this loss affects our integrity, we have even tougher decisions to make.  We must think about the possibility of making that decision someday.  It takes guts.

We may have two faces, two jobs that sometimes conflict, but that’s the great thing of HR.  We get to do both.

 

Photo by Soroush Karimi on Unsplash

Harassment & Being the Boss

In response to the #MeToo and #TimesUp movements, state legislatures and localities are taking action, including requiring sexual harassment training and policies that explain where employees can turn if they don’t believe their employer has handled the situation appropriately.  New York’s new law requires that policies explain that employees will be disciplined for engaging in harassment and – perhaps most importantly – managers will be disciplined when they allow harassment to happen.

Did you read that?  Managers will be disciplined for letting harassment continue. This is where NBC, CBS, and nearly every employer who makes the news has allegedly failed – a manager knew about the behavior and didn’t make it stop.  This, ladies and gentlemen, is why manager training is critical to the end of harassment.

The law focuses on managers because managers are the employer.  They make crucial decisions, like hiring and firing.  They sign contracts.  Often, the buck stops with them even if they are in the dreaded middle management.  This means managers are responsible to take action when they get wind of harassment, but often, managers don’t understand the crucial role they play in preventing and stopping harassment.  As legislative bodies take more and more action, here are some of the lessons you can incorporate into your training now:

Managers must know the work environment they create and manage.  For a manager, the word “manage” is in her title.  So, she must actually manage.  Merriam-Webster defines the verb “manage” as “to direct or carry on business or affairs.”  No one can effectively do this if she doesn’t know what is going on or doesn’t understand how her people interact.  So, dear manager, know your people.  Also, set a tone of respect with your people.  Be the example.  (You can have bad days – pobody’s nerfect – but when you make a mistake, acknowledge it and move forward.)  While the “doing” might be more fun, the “managing” is your job.  When you know the work environment, you can take steps to prevent harassment.

Managers have the power to do something.  A manager can’t throw her hands up when she learns about possible harassment.  Harassment requires her to dig in, tackle the problem, and sometimes, make some really difficult decisions.  Organizations may differ on what exactly they want the manager to do – report to HR, step in and separate the people, suspend the alleged harasser, discipline, etc. – so train the manager on what to do and who to talk to when she needs help.  (Remember, managers need to know enough.)  In manager training, go through scenarios, talk through what the organization would want the managers to do.  This will invite participation, just the kind of interactive dialogue the EEOC and state agencies want in harassment training.

There is no such thing as an official complaint.  A whiff, a rumor, seeing someone uncomfortable or crying, a conversation between a manager and an employee that’s “just between us” all trigger action by an employer.  In order to have a defense to harassment claim, an employer must take “timely and appropriate action” when it learns of harassment, so if a manager learns of harassment, she puts the employer on the hook to take action.  Waiting for an “official” complaint is not only poor management, it creates liability for an employer.  No manager wants to do that.

You will get in trouble for harassing too.  Because the law treats managers as the employer, when a manager engages in harassment, the employer can automatically be liable for the harassment.  Managers have to understand this.

Harassment hasn’t always been clear, and the courts haven’t helped much.  That said, we have an ethical obligation to help employees and managers understand it and how we define respect in our workplaces.  The difference between “You look nice today” and “That dress hugs you in all the right ways” is respect.  One statement is a respectful compliment.  The other can be characterized as harassment.  Will your managers step in when they hear the dress one?  Will they know what to do?  Your managers absolutely need to know what to do at the moment the statement is made or when an employee tells what happened.  So, train them.  Please.

 

Photo by Brooke Lark on Unsplash

FMLA Screaming (Part II)

Have you pondered the question from yesterday’s post?  Agree with me that there are things you can do and things you should do?  That should do includes approaching FMLA with come compassion and not being super strict with FMLA’s limitations, right?

Yesterday’s post covered some of my tips for the start of FMLA.  Here are a few more for during leave.

Preparation for leave is essential.  Hopefully, the employee knew he needed to go on leave and was able to prepare by giving his manager his passwords, updating her on the status of projects, and plan to turn over work.  Sometimes, this isn’t the case.  An accident, premature delivery, or quick onset of a serious illness can take the employee out of the workplace leaving a manager without the benefit of the advanced notice.  What do you do in these emergency situations?  Leave the employee alone.  The employee is already ill or injured himself, worried about a family member, or facing the crushing reality of being a parent to a new baby.  The status of the sales agreement with customer XYZ is not top of mind.

Let technology help you with not knowing what’s going on.  Get access to email and other systems to help piece together the status of projects without bothering the employee.  Need a password?  Work with the software vendor or your own IT team to recover a password if necessary.  Change permissions so the manager or another team member can see things.  Again, don’t bother the employee.

If the leave is intermittent and the employee’s need for leave could come as a surprise on any given day, plan for what that looks like.  How will the employee handle the sudden need to be off?  Come to an agreement with the employee about his work when this happens.  Does this mean the employee spends the last 10 minutes of each day sending a quick email on the status of things?  Maybe.  (Would that be a nice thing to have anyway even if he didn’t need leave?  Yep!)  Setting expectations is a manager’s job.  If the manager laments every time Juan takes an intermittent day, well then it’s the manager’s problem for not preparing for this – not Juan’s.  (I know, I know, this isn’t a great one-liner to share with the manager, but you all are good coaches, you’ll soften the message.)

Don’t surveil the employee.  Seriously.  Don’t send someone out to watch the employee’s house to see if he is cleaning his gutters or fixing a deck.  Don’t monitor his social media accounts for signs of a vacation.  Assume the employee needed the leave and is using the leave within his or his family member’s health care provider’s instructions.  If something fishy starts happening, you’ll learn about it.  Don’t waste your time and resources beforehand.

When the employee is ready to come back to work, don’t forget the ADA.  Yes, the ADA can be an even bigger headache for employers.  Yes, the Seventh Circuit recently held employers might not have to give more leave than the FMLA requires.  However, the ADA places a reasonableness standard on employers.  Employers are required to consider reasonable accommodations, including leave, for each requesting employee on a case-by-case basis.  Don’t get consumed with “well if we give it to Larry, we’ll have to give it to everyone else.”  Remember, the ADA requires case-by-case analysis.  For more return-to-work tips, check here.

Lastly, remember that communication is really important at the end of leave.  You may want to know if any restrictions are necessary.  You may want more confirmation as to what day.  For requests like these, remember K8’s rule of three.  Ask at least three times in writing before you assume the employee is abandoning his job.

I get that the FMLA is tough.  I get that it can be frustrating for HR and managers.  However, it can be a godsend for employees.  It’s supposed to give them peace of mind that their job will wait for them if they need to be out for a bit.  Use this fact as a part of your compassion and empathy game. The employee will thank you for it.

 

 

Photo by frank mckenna on Unsplash (Great, happy picture, right?  Perfect for a Friday!)