Discrimination

It Rhymes With Witch

Another update from the Jungle….

Once upon a time in a town not so far away, there lived a nice woman named Alanis. She liked her job and was always willing to learn from more experienced co-workers. Her boss loved her too and wrote embarrassingly glowing performance reviews.

2But fairy tales aren’t the only places with evil beings. A wicked witch named Wanda also works in the office.  Wanda’s not qualified to do the job Alanis was hired for but that doesn’t stop her from trying to take over.  Wanda smiles in Alanis’ face even as she secretly sharpens her talons.

Wanda’s opportunity soon arrives.  At a staff meeting, their boss, Julia, announces that the company is rolling out a new service and asks Alanis to take the lead for their department. Wanda’s death-ray glare bores into Alanis’ skull across the conference room table. After the meeting, Wanda loudly announces in the break room that the new project is doomed because Alanis is unnamed (1)incompetent.

A week later, Alanis’ project notes mysteriously disappear from the system’s shared drive. Fortunately, she a printed copy first and is able to recreate her notes. She saves a copy of the new version on a thumb drive. Sure enough, the shared drive version disappears again.

At the next staff meeting, Julia asks why Alanis she doesn’t share information with the rest of the group. Alanis reports the mysterious deletions and asks that IT investigate the deletions. Julia looks at Wanda and then abruptly ends the meeting.

The next day, Julia calls Alanis to her office. Waiting in Julia’s office is Wanda. Julia says that she’s decided to appoint Wanda as co-chair of the project because it’s obviously too much for Alanis to do alone. Wanda smirks as she demands copies of all Alanis’ notes.

After that, Wanda changes the entire strategy so that their department misses deadlines set by Julia’s bosses. Wanda blames Alanis and complains about a lack of cooperation. Alanis is again called to Julia’s office where she is criticized for disloyalty and undermining the department. Julia says Alanis can resign or be fired.

What should Alanis do next?

  1. She can continue to protest her innocence knowing she won’t win since a weak manager is as dangerous as a witch.
  2. She can booby trap Wanda’s desk with eau de skunk.
  3. She can resign and consult a lawyer about suing for constructive termination.

In the actual situation, the targeted employee resigned. Any office can develop an infestation of wicked witches if management is weak.  Fumigate your workplace with effective HR policies.  3

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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Fairness Doesn’t Matter

Another update from the Jungle….

Alyssa is a lawyer in the corporate legal department of her employer. She was hired because of the scope of her experience. Or so she was told.  It doesn’t take Alyssa too long to figure out that her prior experience is irrelevant, even a handicap.

Alyssa is1 assigned to work with the HR department because the other lawyers don’t want to. She inherits a file cabinet full of pending EEOC discrimination claims.  Another giant file cabinet contains investigation notes of employee theft cases. Apparently anything not too big or nailed down tight is carried off by employees.  

Alyssa sees immediately that the employee problems arise from the attitude of the 4management team. Most of the senior managers are related to the owner and take their cue from him. He brags of paying rock bottom wages while simultaneously complaining that he’s stuck with stupid employees who lack initiative.

Alyssa’s prior experience with corporate risk programs leads her to believe that the company needs more insurance to cover employee problems. She recommends an increase in their employment practices liability insurance coverage.  That’s when Alyssa’s own employment problems begin.

3Alyssa receives an email from Tess, the company owner’s daughter and newest senior executive.  Tess is a wicked witch who bullies subordinates with obscenity-laced tirades and hates anyone she suspects is more knowledgeable than her. Now Tess insists that she will make the final call on the new insurance limits.

Alyssa gives Tess a summary of the current insurance coverage, the recommended new limits, and the renewal deadline. Tess repeatedly asks for new quotes while ignoring the insurance broker’s and Alyssa’s reminders of the deadline for binding new coverage. Hours before the old coverage 6expires, Tess finally agrees to the new coverage limits.

The next day, Tess accuses Alyssa of endangering the company’s insurance program by deliberately delaying information from the insurance broker.  When Alyssa points out that the insurance broker copied both of them on all emails, Tess launches into her usual obscenity-laden meltdown.

What should Alyssa do next?

  1. She can continue arguing with Tess that the accusations are unfair and unjust but will never win the argument.
  2. She can walk away from Tess and immediately make a complaint to the HR department about the bullying incident.   
  3. She can accept that she was never the right fit for the company and move on to a new employer.    

In the actual situation, the accused employee used her employment law knowledge to negotiate a severance package and moved on to a happier workplace.   

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 Not Offensive… You’re Overreacting.

Another update from the Jungle…

Ted-1Ted runs a company that provides website and social media support for small businesses. Ted grew up in the advertising business when it looked a bit like “Mad Men” and some of his habits are outdated. His most annoying habit is using nicknames.

Employees recognize Ted’s professional skills and ability to get customers to sign on the dotted line. Nicknames are part of the package when working for Ted. After all, every workplace has annoyances.

One employee is Italian-American and was nicknamed Guido because he looks like an extra in the Godfather movies.  Another employee is Mario, short for Mario Andretti, because he’s gotten some speeding tickets.  Blondie is an attractive woman who was hired long ago and keeps everyone on task.

Then there’s Tom, the first person Ted hired when he started the business. Tom is the only employee called by his real name and he’s so valuable to the team that Ted made him a partner in the business. Ted calls him Uncle Tom.

Ted-2Recently, Ted agreed with his team that they needed to give back to the community by offering an internship to local college students.  Judy is the first intern they hire. She’s a marketing major with an endless curiosity about all aspects of the business and a willingness to learn.  Ted calls her the Elephant’s Child, after another inquisitive youngster. Judy isn’t familiar with Rudyard Kipling’s “Just So” stories and thinks Ted’s nickname is demeaning.

Two weeks into her internship, Judy hears Ted shout “Uncle Tom” and sees the only black employee heading for Ted’s office. She’s appalled. She tells Blondie that she can’t work for a racist like Ted and wants out of the internship immediately.

What should Blondie do next?

  1. She can tell Judy that real world workplaces don’t come with college “safe zones” to avoid offending people. Succeeding in business requires a thick skin.
  2. She can tell Judy that offensiveness is in the eye of the beholder and if Tom’s not protesting, then Judy shouldn’t either.
  3. She can tell Ted that he needs to join the 21st century and recognize that some of the things he learned “back in the day” are no longer acceptable.

The legal standard for deciding offensiveness is based on reasonableness. Would a reasonable person hearing a nickname, their own or a co-worker’s, be offended?  The answer depends on the specific situation. However, a nickname can be in poor taste even if it doesn’t rise to the level of violating any equal protection 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 Back Stabber

Another update from the Jungle….

backstabMarcella was happy to find a friend like Barry when she joined her new employer. He seemed like such a nice guy, interested in mentoring younger co-workers like her. Barry was a big help to her as she navigated the internal politics of her new employer.

Gradually over the months, Marcella talked about her children and she even gave Barry a few details about her messy divorce.   A female co-worker warned Marcella that Barry’s nice guy image was barely skin deep. Marcella dismissed the comments as sour grapes because the co-worker had been bounced from Barry’s team due to poor performance.

Then Marcella disagrees with Barry about how to solve a problem on their team project. Barry first tries to shame Marcella
in front of the other team members by explaining that he has so much more experience than her, his solution is the best. When Marcella refuses to back down, the matter escalates to their boss who agrees with Marcella’s solution to the problem.

A week later, the boss stops by Marcella’s office to ask if everything is okay at home. He assures her backthat she can have time off to go to court to deal with her son’s drug problem. Marcella’s shocked; her son doesn’t have a drug problem. Other co-workers stop by during the next few days to offer support.

Marcella remembers confiding to Barry several months ago that she was worried about some of her son’s friends. During that conversation she also said she was happy that her son’s school invited a community outreach police officer to talk to the students about the consequences of drug use. Marcella thinks that Barry twisted this information because he is mad about losing their disagreement on the team project.

What should Marcella do next?

  1. She can confront Barry to ask if he is the source of the rumor and then emulate Dolly Parton in “9 to 5” (threatening to change him from a rooster to a hen).
  2. She can complain to an HR representative but she has no proof Barry started the rumor and it’s not clear that any employee policy has actually been violated.
  3. She can avoid Barry as much as possible and never confide personal information to him again.

In the actual situation, the backstabbing employee eventually alienated so many employees that he became completely isolated. When the company downsized, he was the only employee not invited to join co-workers as they found new employers.

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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Promoted to Failure

Another update from the Jungle….

actionplanJulia, the HR manager, is watching her company’s diversity and inclusion program go hideously wrong. Julia pushed every level of management all the way to the C-suite, urging them to broaden the pool of employees eligible for promotion to management. What did all her effort get her? Margaret.

Margaret worked in operations for many years and understands the technical side of the job but her interpersonal skills are dismal. She’s whiny and needy and self-absorbed. Some of her shortcomings might have been fixed if the C-suite had accepted Julia’s recommendation to create a management training program.

Instead, Margaret was promoted to manager without training or a mentor to help her. Now she micromanages her subordinates and refuses to delegate any decision-making authority to them. But she’s afraid of being held responsible if something goes wrong so she fails to make any decisions.

When other department managers complain that their work is disrupted, Margaret blames her subordinates of incompetence. Her subordinates show up and don’t do their jobs since they know bossany actions they take are likely to be undermined by Margaret. Most of them are applying for transfers away from her.

The stress on Margaret is so intense that she suffers from migraines and works from home several days a week. When she does come into the office, she is so unpleasant that everyone avoids her.

The steady rumble of discontent is growing so loud that the C-suite is having trouble ignoring it. Julia is desperately searching for a solution to the whole mess but she’s run out of time. In today’s mail she receives an EEOC notice letter that a complaint of racial discrimination has been made against Margaret by Margaret’s secretary.

What should Julia do next?

  1. She can recommend that Margaret be appointed special liaison to the company’s suppliers with an immediate posting to, say, Shanghai or Taipei.
  2. She can investigate the charges and then artfully respond to the EEOC in a way that is slightly more flattering than the actual situation warrants.
  3. She can notify the C-Suite of the EEOC investigation and use this as an opportunity to convince the senior managers to approve a training program for new managers.

In the actual situation, the EEOC concluded there was no racial discrimination because the new manager treated all her subordinates like crap. The employer hailed this decision as a victory. The new manager was eventually reassigned during a departmental reorganization but the employer still doesn’t have a training program for new managers.

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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What Are We Thankful For?

Another update from the Jungle….
image049Nicole, the HR manager, had a scary Halloween with underclad co-workers and a wild Veteran’s Day that ended with claims of discrimination. She is finding it increasingly difficult to boost morale among her fellow employees. She’s trying to boost morale because her co-workers are disenchanted after years of no pay raises and limited opportunities for promotions.

Her newest morale booster is a Thanksgiving lunch. She even convinces the company’s president to pay for the turkey and dressing. Now all she has to do is convince her co-workers to bring side dishes and prepare to have fun. She tapes a sign-up sheet to the refrigerator in the break room.

Before anyone can sign up, Steve stops by her office to demand beer with lunch. Nicole vetoes alcohol, as usual. She tells Steve that he seems unhappy and asks if he’d be happier working for another type of employer, such as a honkytonk or a house of ill repute in the Nevada desert.image051

Then Monica pops into Nicole’s office to announce that she has just become a vegan because living off animals is disgusting. Monica wants vegan-acceptable food at the Thanksgiving lunch. Nicole replies that Monica can bring a side dish that satisfies her new dietary requirements, as long as it’s not kale or cabbage or a similarly aromatic vegetable.

Next a delegation of employees crowds in to Nicole’s office. The Hispanics are still furious about the Veteran’s Day event when a co-worker suggested building a wall on the southern U.S. border. Now they complain that Thanksgiving completely ignores their cultural heritage. Sam Redhawk complains that Thanksgiving is racist for celebrating the extermination of Native American culture. The gist of the complaints is that they feel unappreciated and marginalized.

What should Nicole do next?

  1. She can tell her co-workers to shut up and be thankful they still have jobs.
  2. She can strive to make Thanksgiving lunch a celebration of multi-cultural America, encouraging everyone to bring a side dish that represents their cultural origins.
  3. She can tell the president there are serious morale issues that can’t be fixed with food and that he should watch “Mutiny on The Bounty” if he wants to preview the end of the story.

If you’re an HR manager, you’ve probably had a year like Nicole’s year. The holiday season isn’t over yet so stay tuned for more adventures with Nicole.

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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Happy Veteran’s Day!

Another update from the Jungle….

veteransNicole, the HR manager, is planning another morale boosting event. Her first effort was the Halloween party a couple weeks ago which ended on a sour note when some of the costumes exceeded her expectations and the president’s tolerance.

Nicole is now working on her Veteran’s Day celebration. Ever the optimist, Nicole decides on a pot luck lunch with a patriotic theme. She announces that during the luncheon, they will honor employees who served in the military.

As usual, the whine of the day comes from Steve who says he’ll boycott the party if there’s no beer. Nicole says no alcohol will be served since everyone has to work after lunch. She’s beginning to wonder if Steve would be happier working for a different sort of employer.

On the morning of the party, Ruth stops by the break room to look at the decorations and fixates on the red paper poppies
that adorn the middle of each table. Ruth says that displaying red poppies encourages the use of
image048illegal drugs because everyone knows that heroin comes from poppies. Nicole retorts that everyone knows red poppies symbolize the military dead in World War I. Shaken but undeterred, Nicole finishes the decorations as people wander in for lunch.

Almost immediately, there’s a problem in the buffet line. The employees split into two (almost equal) camps arguing about the wars in Afghanistan and Iraq and whether the president should send troops to fight in Syria. Then someone says the U.S. needs stronger border controls to keep out illegals and terrorists. This provokes the Hispanic workers who angrily deny being “illegals”; the Muslims who say that they aren’t terrorists; and the Indians with H1B visas who work in the IT department and complain that they haven’t stolen jobs from Americans.

What should Nicole do next?

  1. She can forge ahead with the plan to honor the military veterans, although this now seems risky since half the employees appear to be in an anti-war camp.
  2. She can sneak out of the break room and hide in her office until after lunch.
  3. She can hold an impromptu educational discussion on the company’s anti-discrimination policies and appreciating diversity in the workforce.

Nicole’s first two attempts to boost morale on a limited budget haven’t gone as well as she would have liked but there’s still time before the holiday season ends. Stay tuned for more adventures with Nicole.

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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Get Rid of Him!

Another update from the Jungle….
image024Doug is getting close to retirement age after a long, not very distinguished, career. He’s still the consummate professional but it’s obvious that all is not well with him. He is out sick at least one day a week and he doesn’t do much work on the days he is in the office.

Doug’s problems are becoming a headache for Suzy, the HR manager. Suzy likes Doug; he’s always polite and respectful which is not true of his pushy boss. The pushy boss has ordered her to find a reason to fire Doug. Suzy privately thinks the pushy boss wants to make his budget look better by dumping Doug for a less experienced and lower salaried employee.

Suzy begins discrete inquiries of Doug’s behavior and job performance. His friends tell Suzy that Doug suffers from anxiety
attacks and depression. Doug’s anxiety attacks worsened when he was moved into an office on the 15th floor with a wall of windows. Doug has a fear of heights.

Doug’s also having trouble remembering things. Yesterday, Suzy overheard a junior team member
image025talking to Doug about a client problem. When Doug said the problem sounded familiar, his junior replied, “It ought to; it’s your client”.

Today Suzy is meeting with Doug’s boss. She suggests that Doug should be moved to an interior office but the boss says no; senior people like Doug must have a window office. Next Suzy asks for examples of Doug’s work that show he can’t do his basic job description. The boss has none. In fact, Suzy already knows the boss gave Doug a tepid, but positive, performance review.

What should Suzy do next?

  1. She can tell the pushy boss that he’s a dingbat for trying to fire an older worker who is obviously still competent and who has not received a negative performance review.
  2. She can read up on the definition of “disability” in the Americans with Disabilities Act in case Doug decides to ask for an accommodation.
  3. She can verify that the company has employment practices liability insurance because her gut instinct is that Doug’s boss is about to demonstrate the need for such coverage.

In the actual case, the older worker eventually took early retirement based on health reasons and faded away without raising any of the legal issues that were available to him. The pushy boss was promoted which allowed him to be pushy to a greater number of people simultaneously.

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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They Didn’t Like Her Looks

Another update from the Jungle….

unnamed (9)Alana walked into the break room to refill her coffee mug and stumbled into a raging war. A group of co-workers were arguing about the merits of the presidential candidates. Alana sidled toward the coffee maker regretting that she didn’t send her assistant to check if the coast was clear.

The political argument covered familiar ground. Several co-workers scoffed that Carly Fiorina is ugly and unattractive and so she shouldn’t be president. Another co-worker chimed in criticizing the physical appearance and business sense of Hilary Clinton. Both women were criticized for fashion faux pas.

Aside from a few cracks about Donald Trump’s hair, the male candidates were judged on their prior experience and ideas.
The argument focused on the conservative credentials of the male candidates but no one criticized their suits or their ties.

Alana grabbed her mug and trudged back to her office reflecting that some things never seem to change. The AP 2016 BUSH CLINTON FUNDRAISING A ELN USA NYwomen candidates are judged on their physical appearance and not their ideas or abilities. Alana thought about other women presidential candidates. In 1972, Shirley Chisholm’s campaign was dismissed with a smile. In 1984, Geraldine Ferraro’s qualifications as a vice presidential candidate were buried under stories about her husband’s alleged Mafia connections. (He was Italian-American from New York and owned a construction business.)

Alana’s the HR director for her company and she conducts many interviews to screen job applicants. The interviews require her to judge job candidates based on appearance, how well they prepare for the interview and their prior work experience. Inevitably, some job candidates lose the chance to move to the next stage of the hiring process because they don’t look or act “right” in the initial interview.

Alana knows that rejecting a job candidate almost always involves her biases, good and bad. She also knows that there are many ways to explain why a candidate was rejected that appear neutral and unbiased.

What should Alana do next?

  1. She can resign her job and go live in a cave with no wi-fi until after the presidential election next November.
  2. She can create a new HR policy banning political discussions in the break room.
  3. She can accept the reality that we are judged on our appearance and recognize how her personal biases influence her hiring recommendations.

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 Over My Head.

Another update from the Jungle…
image017Cindy is the HR director for her company because she is a good listener and she can handle obnoxious people. She got the job because the owner hates conflict (and he’s one of the obnoxious people, although no one likes to mention this). Cindy listens patiently to her distressed co-workers, dispenses Kleenex and aspirin as needed, and generally puts an optimistic spin on the worst calamities.

The company is a manufacturing facility that is still fairly low tech. Most of the employees are God-fearing, gun-toting, self-described “rednecks”. They are good people but the stress of living paycheck to paycheck means there are often conflicts. As the company has grown, employee conflicts have multiplied.

Just this morning, Cindy rushed to the women’s bathroom to break up a fight between two employees. The women were fighting over the shift mechanic who has been trysting with both of them. Cindy arrived in time to see one of the women flashing a pocket knife at the other woman. The employee who pulled a knife has to go immediately. Cindy and the shift supervisor escort her off the premises. The other employee must be suspended for fighting at work.

Cindy feels overwhelmed. She has no formal training for her HR duties and she worries that she may violate employment laws due to lack of training.

What are Cindy’s options?

  1. She can continue to worry about her lack of HR training and hope for the best. After all, she’s good at putting a positive spin on dire circumstances.
  2. She can ask the owner to reimburse her costs to take HR training classes so that she has the appropriate certifications to do her job. The training will be beneficial in the long run but have no effect on her immediate concerns.
  3. She can ask the owner to hire an HR consultant to review their existing policies and practices to identify areas that need to be improved to avoid violating the law. This will fix the short term concerns she has.

The above scenario is a composite of actual situations I faced while working at several former employers. If your company is struggling with similar issues, Corporate Compliance Risk Advisor can help. Corporate Compliance Risk Advisor can 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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