Compliance

3 Revisions For Your Sexual Harassment Policy

Another update from the Jungle…..

It’s amazing how quickly our social expectations are evolving on the topic of sexual harassment. Not so long ago, off color comments, body groping and other objectionable behavior was tolerated, particularly when committed by powerful people. All that is changing and employers need to adapt. Here are three suggested revisions for employers reviewing their sexual harassment policy and training.

Managerial Support

Every employer I worked for insisted on annual sexual harassment training for the staff. But most managers never showed up for the training or left early. That’s unfortunate, since the most common form of sexual harassment is still male bosses harassing women subordinates.

But accusing the boss of inappropriate behavior is the fastest path to ruining a woman’s career. That’s why Harvey Weinstein wasn’t publicly accused of sexual harassment until after he lost his status as a Hollywood power broker. Employers can avoid a Weinstein moment by requiring managers to participate in training and to set the example on what behavior is acceptable.

Realistic Training

One employer I worked for used the same training video year after year until employees stood in front of the screen, miming the actors and repeating the dialogue. The scenarios were blindingly obvious, like the woman who gets fired after refusing to date her boss. Everyone got their ticket punched for the yearly training and no one learned anything.

Training materials must include realistic scenarios of everyday occurrences. Training must also acknowledge that deciding what is harassment can be subjective. I once worked with a man who always spoke in double entendres. Most the women in the office claimed that they were outraged, but they continued flirting with him. Was he harassing them or not? That’s a much more realistic scenario than the boss dating his secretary cliché.

Clear Complaint Process

Deciding whether to complain begins with actually reading the relevant section of the employee handbook. The relevant section is usually buried in a long paragraph at the end of the anti-harassment policy section of the handbook. It may not be clear whether the complaint process applies to other situations, including the separate sexual harassment policy.

Assuming the harassed employee decides to make a complaint, she (or he) will immediately have two fears. What if the process requires reporting to your supervisor and that’s the harasser? How does the person complaining avoid retaliation? To be effective, the complaint process should be easy to read, have alternative paths for reporting a complaint, and ensure confidentiality as much as possible.

Our society is evolving.  Employers need to move quickly to adapt.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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Another update from the Jungle….

Pam owns a small company and she’s preparing for her next round of job interviews. She feels like she spends a lot of time hiring new employees because she has a revolving door as employees bail out for bigger companies that offer more fringe benefits or higher pay.

She approaches the interviewing and hiring process with a mixture of dread and anticipation. She gets excited when she thinks she may actually find that perfect match of personality and skill set to fit her company. But more often her anticipation evaporates into dread or even fascinated horror.

One recent job applicant, Stuart, earnestly explained that he would not be able to provide identification if he’s hired because the CIA might find him and then his life would be in danger. Sam listed his probation officer as a character reference since that was the only person who saw him on a regular basis. Tamara said her mother was forcing her to look for a job and how long would the interview take anyway.

Pam went home that night to pour a stiff triple shot of single malt scotch. As she sipped her scotch, she thought that finding a good employee is as difficult as finding Prince Charming. No one ever looks as good in person as they do on paper.

The next day, Pam is back in the office shuffling through a new stack of resumes. She weeds out the ones with typos and scary details. Then she sets up a new batch of interviews. The first interviewee, Kim, has a nose ring but says “yes, ma’am” and “no, ma’am” when responding to questions. Annie, the next contestant is covered in neck and arm tattoos and wears a metal-studded dog collar. Sam sits bolt upright and barely utters a complete sentence.

Pam is getting desperate. She needs employees to keep her business afloat.

What are Pam’s options?

  1. She can accept the fact that her employees won’t stay long and adapt her business model to reflect the reality of the revolving door.
  2. She can outsource much of the hiring process which will save her time. Of course, a staffing agency may not have any better luck than her at finding appropriate job applicants for her company.
  3. She can close her business and go work for a distillery since her single malt scotch is the only thing bringing her happiness at the moment.

The above examples of job applicants are taken from actual interviews, although names have been changed to protect the innocent, the scary, and the downright weird.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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I’m In Charge!

Another update from the Jungle….

Mary likes the arts and has volunteered for years with several non-profits. Recently, she was offered a paid part-time position. The pay is barely above minimum wage but includes a parking pass and it fits with her full-time job’s schedule. Mary enjoys being paid to see the shows.

Mary’s enthusiasm for her part-time arts job soon wears thin. Suzy is another part-timer who was recently promoted to manager to help supervise the part-time staff during peak attendance hours.  Mary thinks the part-time managers are selected for their willingness to work longer hours for a small pay increase and not for their actual abilities.

Suzy is a perfect example. She bustles about acting important but has never been a manager. Under pressure, she becomes brusque to the point of rudeness. Since her main role is to resolve problems with unruly or disgruntled patrons, this creates interesting situations.

On a recent weekend, several patrons are shocked when their high-priced tickets to a special event are rejected.  Suzy arrives as Mary is explaining that the ticket office can help sort out their ticketing problem.  Mary explains to Suzy that the tickets are not scanning properly.

Suzy examines the tickets and tells the patrons that buying from scalpers is never a good idea. One patron turns red with fury as he says the third party ticketing company he used is a recognized distributor for the non-profit. Mary offers to show the patrons to the ticketing office but Suzy orders her to stay at her post. Suzy stalks off.

Twenty minutes later, Suzy is back.  In front of other workers, she tells Mary to never leave her post again. Mary points out that she didn’t. Then Suzy accuses Mary of “throwing gasoline on a fire” by telling the angry patrons that the ticket office could fix the ticketing problems. Suzy claims that the patrons will think this guarantees them admittance to the sold-out show. Mary’s temper rises.

What are Mary’s options?

  1. She can complain to Suzy’s boss but he is unlikely to take action unless other employees have also complained about Suzy.
  2. She can suggest that Suzy take Prozac or learn yoga to deal with the stress of being in charge.
  3. She can accept that Suzy’s accusations arise from feeling insecure and brush it off unless Suzy continues to criticize her.

Non-profits face the same employee issues as for-profit companies but often mistakenly believe they are exempt from employment laws. As a general rule, they are not and should consider how best to minimize their risks of violating employment laws.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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The Knife in the Back

Another update from the Jungle…

pic-5Bryan is a serial entrepreneur. Every time he gets a new idea, he starts a new company to exploit the idea. He’s successful at starting businesses, but he’s lousy at running them.

Bryan doesn’t like getting bogged down in the details. So he relies on lieutenants to keep him informed of how things are going at each company. Unfortunately, Bryan doesn’t seem to have noticed that one of his trusted lieutenants is deadlier than a rattlesnake.

pic-1Susan learns this the hard way when she begins working at one of his companies. Her first day on the job, she’s introduced to Elaine who is so friendly and helpful that Susan is duped into thinking she’s nice. But Elaine is a snake in the grass.

pic-2Elaine is an intolerable busybody. She stands near the elevator to track the time each employee shows up for work. She wanders the hallways, keeping tabs on what others are doing and saying. Then she passes every tidbit of information along to Bryan with a special Elaine twist.

Susan learns the truth when Bryan stops by for a quarterly meeting with the company’s management team, of which Susan is a junior member. Bryan marches into the conference room and sits opposite Elaine who is taking notes on pic-4the decisions he makes.

Bryan begins the meeting by chewing out Laura for falling sales in the past quarter. Laura replies that it is impossible to boost sales when her team is starved for resources. She produces a stack of receipts showing that her team has to pic-3buy their own office supplies since Elaine locked up the supply closet and hid the key.

Bryan impatiently tells Laura to stop blaming others for her own failings as a manager. Then he turns on Bob, the CFO, who didn’t have the financial reports ready for Bryan. Bob scowls but says nothing.

pic-6Susan knows that Bob was late with the financial reports because Elaine delayed helping him while she worked on other lower priority assignments. Susan looks at Elaine expecting her to defend Bob. Elaine smirks and remains silent.

What are Susan’s options?

  1. She can point out that Elaine sabotaged Bob but doubts that Bryan will believe her.
  2. She can thank her lucky stars that Elaine isn’t gunning for her.
  3. She can use her accrued vacation to begin hunting for a new job, preferably one without another Elaine.

pic-7In the actual situation, the junior manager soon found herself on the backstabber’s hit list and left the company as soon as possible.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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Sit Down and Shut Up?

Another update from the Jungle…..

pic-1Amber sits at her desk sorting through paperwork when Tom walks in and slumps in the chair across from her.  Amber is the HR director for a company that provides transportation services for musical acts.  Tom is one of the bus drivers.  He stops by to give Amber an update about his recent month-long trip driving a rockabilly band around Texas.

The rockabilly band consists of 20-somethings who recently signed their first pic-5professional contract. The tour was to build buzz about their new album.  The band members were as excited as school children, staring out the windows as the passing scenery.  At the first roadhouse, they leaped off the bus, grabbed their instruments, and prepared to sing.

By the third night on the road, the band was already wearing down, probably due to their diet of soda, chips, and wine coolers. They slept on the bus as Tom drove to the next roadhouse or honkeytonk bar.  At the end of the first week, the band trooped tiredly off the bus each time it stopped at a new venue.

During the second week, their schedule took them to San Antonio, a grand old city with many tourist attractions. pic-4Between performances, the band decided to explore the bars on the Riverwalk.  Later no one could remember exactly what they did but they all agreed they had a great time.  Then they got back on the bus for the next leg of the tour.

After the San Antonio stop, the tour became a grind of road houses and bars. Nursing hangovers and a lack of sleep, the chatter and enjoyment of the first week was a distant memory.  By the final week of the tour, the band members snarled at each other.

Denver, the youngest band member, often came to the front of the bus to stare out the windshield at the flat, dusty pic-2landscape.  One day, after several minutes of staring, Denver asked where they are.  Tom was as tired of the road as the band. Without taking his eyes off the road, he replied to Denver, “What difference does it make to you? When the bus stops, you’ll get off and play. Until then, shut up and go sit down”.

In the actual situation, the bus driver really did tell a band member to shut up and sit down.  The band also successfully built buzz about their album and enjoyed a brief spell on the top 40 playlist.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

 

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Thank God It’s Over!

Another update from the Jungle….

unnamedDawn, the Chief Talent Officer for her company is happy for the first time in months.  The election is over! The chips have fallen.  She no longer cares who won.

She drives to work humming Roy Orbison’s song “It’s Over” and planning an impromptu TGIO (Thank God It’s Over) party for the lunch hour.  Her good mood lasts all the way to the employee parking lot.

The parking lot is partially blocked by a group of employees. Half the crowd is jubilant because their candidate won. The other unnamedhalf is snarling that the election was rigged.  Dawn sighs deeply and wades into the group, greeting everyone by name. To encourage them to actually enter the building, she promises something “special” for lunch at company expense.

Dawn’s day goes further into a hole when she finds Helen, the Voice of Doom, camped out at her office door. Helen claims she saw rioters storming through her neighborhood as she drove to work. Dawn privately wishes Helen would join the riot. Aloud she suggests that Helen should go to her cubicle and sit quietly, waiting for martial law to be declared so that it is safe to drive home.

unnamed-2Dawn calls a local bakery to order a cake for the impromptu TGIO party. Apparently, many people are having TGIO parties because the bakery sold out of cakes. Dawn orders a mix of crème puffs and cookies. She is determined to have a cheerful lunch.

Allen, the Philosopher King, pops into her doorway as she hangs up the phone. He wants to talk about the unnamed-4difference between the popular vote and the Electoral College vote.  Dawn cuts him off in mid-sentence. She has a really important job for him, she says. She needs him to go to the local big box store to buy supplies for the party. She’ll reimburse him, she promises.

Rory, the Prez, hurtles in to Dawn’s office practically frothing at the mouth.  Half the workforce failed to show up this morning due to an excess of alcohol consumed last night while they watched the election returns. He can’t run a business without employees. Heads must roll!

What should Dawn do next?

  1. She can wait for the Prez to hyperventilate and then continue planning her party.
  2. She can promise him first dibs on the crème puffs and cookies.
  3. She can suggest that the employees be given some leeway on absenteeism due to the special circumstance of a hotly contested election.

Have a TGIO party to celebrate the end of this election cycle.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

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I’m Mad as Heck about the Election!

Another update from the Jungle….
unnamed-4Dawn, the Chief Talent Officer for her company, is slogging through the remaining weeks of the political campaign. She hates what it’s done to her job. This week she’s thinking of changing her title to Chief Tortured Officer

Helen, the Voice of Doom, didn’t take the hint a couple of weeks ago when Dawn tried to politely tell her to get lost. Helen continues unnamed-6to show up every morning to depress Dawn with her worries that the election will degenerate into violence and mayhem.

After Helen leaves Allen, the Philosopher King, drifts in the door.  His garbled theories on democracy in America sound profound until you listen closely. Then you realize he’s just fogging up the room with BS. Besides Dawn couldn’t care less.

She has a real political crisis this week. She’s been summoned to the President’s office. Rory, the Prez, also wants to discuss the election and what it means for the office.  Rory’s channeling Jack Nicholson’s “Colonel Jessup” from “A Few Good Men” pacing the office and growling.

unnamed-15The workforce is as divided as the nation and it’s getting ugly. Yesterday Rory broke up a fight in the employee parking lot. The Trump and Clinton supporters were trying to rip the opposing candidate’s stickers off car bumpers.  Rory waded in, knocked a few heads together and ordered everyone back to work.

He’s not worried about a little fight in the parking lot. He’s mad as heck that no one seems to be working.  The company’s internet connections are smoking hot as workers visit “news” sites to hear the latest salacious details abouunnamed-14t the candidates and their families. Then they stand around arguing about what they’ve read.

Rory glares at Dawn and asks if he can fire a few people to set an example for everyone else. Dawn begins to explain (again) about the progressive discipline policy. Rory cuts her off.  If he can’t fire anyone, can he ban politics from he workplace?

What advice should Dawn give the Prez?

  1. She can give him a quick civics lesson about free speech.
  2. She can draft an email for him to send to all employees reminding them to do their jobs while on the clock.
  3. She can suggest that he should visit the gym more often to work off his aggression and grit his teeth for one more week.

The good news is that presidential elections happen every four years and we’ve got one more week to go.  Then we’ll all go back to arguing about sports.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

Join the HR Compliance Jungle today. Click here!

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The Perfect Employee for the Job

Another update from the Jungle….

unnamed-23Alana always felt like a misfit, so when she started her own business, she decided to hire people like herself.  Alana’s company sells works of art ranging from paintings to furniture.  Oddballs seem to be more at home in the world of unique “art”.

Alana’s first hire was Suze, a part-time yoga instructor who also designs furniture. Suze’s stuff sells well enough to make up for her shortcomings as an employee. She refuses to answer the phone when trying a new contortionist stretch exercise.  She also hates talking about money to customers.unnamed-21

Trisha wears low-cut, sleeveless shirts to show off her extensive tattoos. Trisha is a painter. She refuses to talk to customers because she believes none of them truly appreciate her artistic vision.

Alana hired Evan and Elsie to actually sell stuff to customers.  Compared to Suze and Trisha they seem almost normal. Evan and Elsie grew up next door to each other in a typical American suburb. They had many youthful adventures, most of which are sealed in their juvenile records.  Evan and Elsie are living proof that screwing up doesn’t prevent gainful employment if you find a sufficiently gullible employer.

unnamed-18They instantly boosted sales due to their smooth handling of customers.  Art wasn’t the only thing they sold at Alana’s shop.  Evan and Elsie had a side business growing high quality marijuana.  To encourage sales, they invited customers to sample the good in the parking lot behind the shop.unnamed-19

Alana learned of their agricultural adventures when she noticed the parking was full but the store had no customers. She walked to the back of the store, through the storeroom and opened the back door. She almost fainted.

unnamed-22Shrieking like a banshee, she chased off the customers. Then she explained  to Evan and Elsie that de-criminalizing marijuana was not the same thing as legalizing it. She threatened
to fire them if they brought their wares to work again. And that’s when Alana began to think that establishing a few employee standards might be a good idea.

What are Alana’s options?

  1. She can fire the misfits and start over with “normal” people.
  2. She can drink an extra glass, or bottle, of wine and accept that she got the employees that she wished for.
  3. She can create a few basic HR policies on what she expects from her employees during their scheduled work hours.

The above scenario demonstrates what can happen when an employer fails to create realistic expectations for employees. A few basic HR policies can solve that problem.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

 

Join the HR Compliance Jungle today. Click here!

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How Do I Hate You? Let Me Count the Ways

Another update from the Jungle….

unnamed-16

Billy and Bobbye opened their business a year after they married.  They hired a couple of employees and everyone was happy.  Billy and Bobbye were proud of their success. Employees enjoyed the perks, like having the company cover 100% of health insurance premiums for employees and the Friday Afternoon Frazzle at a nearby brew pub.

unnamed-15But as the company expanded, new employees lacked the camaraderie of the ones who had helped build the business. Adding employees meant more personality conflicts and scheduling difficulties. Bobbye wanted to add some structure to the company by creating HR policies to ensure everyone understood what was expected of them.

Billy wasn’t ready to give up the entrepreneurial attitude of the early days so he shot down Bobbye’s ideas.  Their disagreement about the business spilled over into their marriage. Before long, they were taking potshots at each other every day.

unnamed-11Bobbye decided to change the brand of coffee for the office.  A day after the change, Billy walked in to the break room, saw the new brand name, and hurled the coffee can across the room into the garbage can.  Now Billy and Bobbye don’t talk to each other in the office. They relay messages through employees. Their employees used to call them B&B or B-squared. Now it’s Bombs Away.

All these spats are tanking the bottom line as deadlines are missed and quality crashes. Clients leave for calmer and more reliable service. To save money, Billy decides arbitrarily to reduce the number of unnamed-13employee perks, starting with the health plan. He tells employees they will have to begin contributing to the premium.  Cutting back on perksannoys the employees and Bobbye.

unnamed-17Even free beer at the Friday Afternoon Frazzle can’t attract most employees because they feel so uncomfortable around Billy and Bobbye. The least bright employees are choosing sides. The smarter employees are trying to stay neutral. The smartest employees have already bailed out for more stable workplaces.  On its present trajectory, the company will implode.

What should Billy and Bobbye do next?

  1. They can continue to fight until there is nothing left but the company’s debts.
  2. They can seek marriage counseling to save their marriage and possibly their company.
  3. They can agree to divorce and split the company’s assets as part of the divorce settlement.

In the actual situation, the feuding owners divorced and the wife bought her former’s husband’s interest in the business. Some employees helped with the transition while most left for other jobs.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

Join the HR Compliance Jungle today. Click here!

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Visit us at: http://www.complianceriskadvisor.com/

Click here for a copy of my free Ebook

Looking for Love!

Another update from the Jungle….

unnamed

  a womanscreen-shot-2016-09-16-at-2-08-32-pm named Trish was searching for true love. Like so many others, she found it at the office.  Her Prince Charming was John, Vin another division of the company.  John was also looking for true love having just wrapped up a nasty divorce with his former true love

unnamed-2Trish met John at the office Christmas Party and thought he was a jerk. She changed her mind at the summer picnic when she saw him playing with his kids and lobbing water balloons at other managers.  John looked like an Olympic athlete compared to some of the other managers.

So when John’s division needed a little extra help with a special project, Trish volunteered. By diligent effort, Trish made herself a star on John’s team and managed to catch his eye. A shared interest in the project led to a little flirting which led to long dinners and then to other extracurricular activities.

Alas, as with every fairy tale a curse fell upon the lovers.  John’s schedule kept him busy with out of town business trips and Trish began to feel neglected. John tired of her whining over the dinner wine about how his career meant more to him than she did, giving John nasty flashbacks to his ex-wife’s complaints.

unnamedAs in a fairytale, when a workplace romance fizzles people behave badly. John stopped responding to her emails and text messages. He also told Trish’s boss that Trish could never work in his division again because she was a lousy worker. Meanwhile, Trish’s performance nosedived as she realized her fairy tale was fizzling.

The final fizzle arrives when Trish hears through the grapevine that John is blacklisting her.  She’s convinced its retaliation for their affair. When her boss counsels her about her cratering performance, Trish remembers that he is John’s friend. Trish storms into Sue’s office to complain about sexual harassment and retaliation.

What options are available to Sue?

  1. She can slap the taste buds out of John’s mouth for being stupid since managers are expected to use their brains to make decisions at the office.
  2. She can recommend settling Trish’s claims to limit the damage caused by John’s violations of company policy.
  3. She can disguise the details and include them in her next popular bodice-ripper novel, which she hopes will earn her enough money to retire early.

unnamed-2In the actual situation, the manager was counseled for violating HR policies and wrecked his chances at a promotion.  The woman accepted a settlement of her claims and left the company still looking for true love.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

Join the HR Compliance Jungle today. Click here!

Follow us on Facebook & Twitter!

Visit us at: http://www.complianceriskadvisor.com/

Click here for a copy of my free Ebook