It’s Everywhere: In Employment Discrimination, The Law Usually Wins, Not You

Sometimes the law is on your side in cases of employment discrimination. And sometimes it isn’t.

If you are a woman, person of color, older or disabled, chances are high that if you fought the law, the law won.

The bombshell release last week of allegations against Hollywood mogul Harvey Weinstein for decades of sexual harassment and discrimination against women resulted in his being fired from his position as co-chair of the Weinstein Company. The fallout was decisive.

“It is essential to our Company’s culture that all women who work for it or have any dealings with it or any of our executives are treated with respect and have no experience of harassment or discrimination,” the board reported, according to Buzzfeed.

But such swift and definitive action is not the norm. The silence around a legacy of incidents like those surrounding Hurricane Harvey Weinstein is perpetuated in most all industries.

The authors of the new book, Rights on Trial: How Workplace Discrimination Perpetuates Inequality, examined nearly 2,000 cases filed between 1988 and 2003 across the U.S.. The three authors interviewed more than 100 plaintiffs, defendants, lawyers and involved parties to find that the workplace often is not fair in cases of discrimination.

The success rate for cases of discrimination filed is dismal; only two percent of plaintiffs win at trial. That is after 19 percent of the cases were dismissed. Half or 50 percent have early settlements, 18 percent of the cases are lost on summary judgment and 8 percent of the cases have a late settlement.

But each one of those cases is a story. And in each one of of those cases, voice is a metaphor for civil justice.

“Voice is important in legal disputes,” says Laura Beth Nielsen, a co-author of the book, that literally gives voice to those involved with audio clips of the interviews on its site.

In these “workplace wars,” the stories are heartbreaking,” says Nielsen, research professor at the American Bar Foundation, and Professor of Sociology and Director of Legal Studies at Northwestern University.

Consider the case of Kristen Baker, whose case is highlighted in the book.

Baker was a 33-year-old assistant buyer in the sales division of a small, family-owned manufacturing company. A salesman “began bringing pornographic magazines and movies to work” and also charging for admission to viewing parties of those movies in the conference room at lunch time. He showed her pictures of bestiality. She filed multiple complaints to human resources, then the final straw was the salesman’s physical act ofsexual harassment.

So Baker filed a discrimination case. Her employer offered her $10,000 to leave the company. Baker eventually settled for $1, a public apology and the option to keep her job.

Authors Nielsen, Robert L. Nelson and Ellen Berrey write in the book:

For over five decades, employment civil rights litigation has been seen as an instrument to achieve greater workplace opportunity—first for people of color and women, and more recently for the aged and those with disabilities. We continue to see attacks on employment civil rights litigation from critics who decry such litigation as a frivolous, costly excuse factory.

It may be difficult to believe that discrimination this blatant and offensive still occurs in American workplaces every day, but it does.

In her new book, Reset: My Fight for Inclusion and Lasting Change, Ellen Pao, who lost her $16 million gender discrimination lawsuit against the venture capital firm Kleiner Perkins Caufield & Byers in 2015, said it was worth it to tell her story that “started a conversation about systemic bias in Silicon Valley, giving others the courage to report their own experiences,” according to Recode.

“The sad thing is we tend to reject people who make rights claims,” says Nelson, a co-author and Director Emeritus of the American Bar Foundation, the MacCrate Research Chair in the Legal Profession at the ABF, and professor of sociology and law at Northwestern.

“We have a process where prominent stereotypes about persons of color, women, the aged and disabled” come into play, Nelson says.

A gender discrimination suit was filed recently against Winston & Strawn, adding to gender discrimination suits by former attorneys against legacy law firms Steptoe & Johnson LLP, Chadbourne & Parke, Proskauer Rose, LeClairRyan and Sedgwick, according to Above The Law.

In the most recent case brought by Constance Ramos, “as reported by Law.com, the complaint alleges Ramos was never treated as a lawyer and partner in her own right, but as ‘an appendage of a male superior’ that the firm sought to be rid of when the equity partners that Ramos joined the firm with, ultimately left Winston.”

Ramos’ experience of being excluded from meetings is similar to the experiences of Pao, who told PBS News Hour:

I was getting blocked. I wasn’t being invited to meetings. One of the women at the firm also actually mapped out investments for the women and investments for the men, and showed that the women’s investments were doing significantly better … we have more experience, we have more education, on average, and, we’re not getting promoted. And, as a group, most of the men got promoted.

Such high profile lawsuits are extremely rare. Fewer than one percent of employees who perceive they were discriminated against, file a charge with the Equal Employment Opportunity Commission. And only 15 percent of EEOC charges lead to a lawsuit filed, and only 6 percent of those cases make it to trial.

“We see a symbolic valorization of rights in the abstract,” says co-author Ellen Berrey, an assistant professor of sociology at the University of Toronto and an affiliated scholar of the American Bar Foundation.

But in real, concrete terms, there is “structural inequality,” Berrey says, recalling that one defense attorney claimed he “never saw a valid case.”

While this book covers U.S. cases, workplace discrimination is an international problem.

“According to a 2017 report by the International Labor Organization (ILO), there is no universally accepted definition of ‘harassment’ or ‘violence’ with regard to the world of work,” according to the Council on Foreign Relations.

Gayle Tzemach Lemmon writes:

The absence of a global regulatory framework to address sexual violence and harassment in the workplace has left companies to define for themselves what constitutes appropriate behavior. Likewise, workplaces are left to curtail inappropriate behavior — often with women saying not enough is being done. In South Africa, an overwhelming 77 percent of women report experiencing sexual harassment in the workplace, as do 40 to 50 percent of women in the European Union. In national surveys conducted in Austria and Luxembourg, that number reaches as high as 80 percent.

In this country, to improve the system and to change policy with “the levers of power,” according to Nelson, the authors offer several suggestions.

These strategies include providing more access to legal representation; more EEOC resources and state fair employment agencies; better forms of communication with the EEOC and charging parties; access to employee information for employees on demographics and compensation; and addressing racial disparities in legal representation.

Employees telling their stories of discrimination and reporting are initial steps. The more voices, the louder the call for equity.

Pao told PBS News Hour:

And I think that this year, with all these people coming out and with the press and the public being so much more receptive to their stories and being able to take them at face value, [the kind of criticism] I went through has kind of dissipated as people see, wow, this is a huge problem.

As Jennifer Siebel Newsom, founder and CEO of The Representation Project, filmmaker of “Miss Representation” and “The Mask You Live In,” writes on HuffPost:

Let this be the end of ‘open secrets.’ Let there be no more passive waiting for the victims to reach a certain number before we actually do something about this culture of sexual harassment and assault. We need more people in power ― particularly men in power ― to break the code of silence and stand up for what is right and what is just and challenge this culture of sexual harassment and assault against women.

https://www.huffingtonpost.com/entry/its-everywhere-in-employment-discrimination-the_us_59da496ae4b08ce873a8cefa?utm_hp_ref=human-resources

5 Workplace Benefits You Wish Your Company Offered

In the competition to hire and retain the best and brightest workers, companies have gotten more creative with job perks and benefits. While high salaries will likely never lose their allure, and paid sabbaticals remain the benefit at the top of many a wish list, employees are also drawn to the little ― and not-so-little ― extras a company provides.

Of course, workers aren’t offered free chair massages and gym memberships solely out of corporate benevolence. Mostly what companies are trying to do is keep their turnover costs down, and they’ve figured out happy workers are more inclined to stay. One in four millennials changes jobs each year, according to a recent Gallup report ― which isn’t a good thing for businesses.

Here are some of the benefits that employers around the country are now offering, hoping to get you and keep you:

1. Help paying off student loans

PricewaterhouseCoopers broke ground in 2015 with a program that spoke to what is arguably the greatest source of worry among recent college graduates: how to pay off their student loans.

There are 44 million Americans with student loan debt, bringing the total U.S. student debt burden to more than $1.3 trillion, the federal government estimates. Yet only 4 percent of U.S. companies contribute to employees’ student debt payments, says the Society for Human Resource Management.

PwC offers $1,200 a year, for a lifetime total of $10,000 toward reducing the burden of student loans on the firm’s associates and senior associates with one to six years of working experience. That covers about 22,000 U.S. employees, or 45 percent of its U.S. workforce; more than 6,000 took advantage of the benefit in its first year. The program is especially appealing to millennials, who make up 80 percent of the PwC workforce, the company says.

And since good ideas spread, other companies have followed suit. Health care company Aetna now offers its 50,000 full-time employees matching loan payments of up to $2,000 per year for a total match of $10,000 per person. The “catch,” if you want to call it that, is that employees need to have earned undergrad or graduate degrees from accredited institutions within the last three years.

While the programs are primarily attractive to millennials, they aren’t necessarily exclusive to younger workers. The Aetna program also applies to employees who go back to school and get a new degree.

The Austin-based software and services company BP3 matches up to $100 a month for payments employees make to their student loan balances. The company also offers free credit advice on how to best pay down debt. Chegg, which runs a college connection platform, offers full- and part-time employees up to $1,000 annually to help repay their student loans ― and does not impose a total cap on how much one employee can receive.

2. Free on-site health care centers

We’re not just talking free flu shots here, but a full-service health clinic at the work site. Information tech giant SAS, a global company based in North Carolina, has a 35,000-square-foot medical facility and pharmacy on-site. There is never any cost to employees, their spouses, domestic partners or dependents for care. The center is managed by a staff of 53 that includes doctors, nurse practitioners, nurses, physical therapists and lab techs. No co-pays are ever collected ― it’s 100 percent free. Understandably, it is used by 90 percent of SAS’s workforce. In fact, 75 percent of employees use it as their primary care physician. The company estimates the on-site health center saved employees $1.12 million last year by avoiding out-of-pocket co-pays and co-insurance.

It’s easy, free and not a major time-suck to get what ails you looked at.

SAS, which has appeared on pretty much every “best places to work” list, has been at the forefront of providing employee benefits for every life stage. And to no one’s surprise, it has the lowest turnover rate in the tech sector.

COURTESY OF SAS

An employee’s baby is getting seen at the SAS Health Care Center.

3. Help with high housing costs

The San Francisco and Silicon Valley housing markets have gone haywire. In 2015, the cost of living in San Francisco was “62.6 percent higher than the U.S. average,” according to SmartAsset.com. A year later, the same site said you needed to earn at least $216,129 a year to afford renting an average two-bedroom apartment there. San Francisco rents have jumped by almost 50 percent since 2010, while home prices have increased 98 percent since the bottom of the market in 2009.

The area is home to giants in the tech sector. But what good is working for a giant if you still need to share an apartment with five roommates just to pay the rent?

Google’s parent company, Alphabet, came up with one solution: It is buying $30 million of prefab housing for 300 of its employees. Rents for these apartments are expected to be below market. A previous similar project that used modular technology saved tenants $700 a month in rent because of reduced construction costs, reported the Wall Street Journal.

There is definitely a company upside to encouraging employees to live close to the office: It means they are likely to work longer hours.

Addepar, a company that provides investment management software, supplements workers with $300 a month for rent if they live within a mile of its West Coast office, and $150 a month for those who live slightly farther away. Even Facebook has been reportedly paying employees a $10,000 bonus to live closer to its headquarters. It offers its interns free housing and other amenities like shuttle service to and from Facebook’s Menlo Park campus, or a monthly housing stipend of $1,000.

There is a growing consensus that companies located in the high-priced pockets of the housing market need to step up with more housing benefits. It’s that or lose valuable employees who realize they can’t afford to buy homes if they stay working there. Going forward, we may see employers provide loans or mortgage guarantees ― or even put up equity or carry debt behind an apartment developer to bring more affordable rentals to the market.

4. Paid sabbaticals

No matter how much you love your job, sometimes you just need to get away from it. With our phones and devices serving as electronic ankle bracelets, taking a break from work can be harder than it sounds.

Even though workers say sabbaticals are high on their list of desired benefits, paid leaves not attached to parenting, caregiving or bereavement aren’t all that common in the workforce. Only 4 percent of employers offered a paid sabbatical program in 2016, while 12 percent had an unpaid program, according to the Society for Human Resource Management’s 2017 Employment Benefits report.

The online real estate company Zillow Group, on the other hand, announced this year that it would offer six-week sabbaticals to employees who have been with the company for six consecutive years. Three weeks are at full pay and the other three weeks are unpaid, but benefits like health care and stock-based compensation will continue uninterrupted. About 10 percent of the company’s 3,000 workers have been employees for at least six years.

5. Flexibility ― in every sense of the word

Go ahead and laugh if you will, but the single fastest-growing benefit in the past five years, according to SHRM, has been providing workers with a standing desk. This benefit grew more than threefold, from 13 percent in 2013 to 44 percent in 2017. Medical research has associated sitting for long periods of time with numerous negative health outcomes such as obesity, cardiovascular disease and increased risk of death. So even health-conscious employees who eat right and exercise regularly are at risk if they sit for prolonged periods. Workers want to stand!

Flexibility in other areas is also highly valued.

Three out of five organizations in the SHRM annual study (62 percent) allowed some type of telecommuting, and 57 percent offered flextime, allowing employees to choose their work hours within limits established by the company. Not only has the workplace grown more flexible, but the culture also has become more casual, SHRM found. More organizations allow casual dress every day compared with 2013.

What else should workers care about in their benefits package? Well, you still can’t beat a great salary, generous health coverage and a fully matched 401k ― back to basics.

https://www.huffingtonpost.com/entry/5-best-company-perks_us_59dcf805e4b094496e59be05?utm_hp_ref=human-resources

Hospitals Are Paying Billions To Recruit Nurses In The Face Of Looming Shortage

MORGANTOWN, West Virginia (Reuters) – A shortage of nurses at U.S. hospitals hit West Virginia’s Charleston Area Medical Center at the worst possible time.

The non-profit healthcare system is one of the state’s largest employers and sits in the heart of economically depressed coal country. It faces a $40 million deficit this year as it struggles with fewer privately insured patients, cuts in government reimbursement and higher labor costs to attract a shrinking pool of nurses.

To keep its operations intact, Charleston Medical is spending this year $12 million on visiting or “travel” nurses, twice as much as three years ago. It had no need for travel nurses a decade ago.

“I’ve been a nurse 40 years, and the shortage is the worst I’ve ever seen it,” said Ron Moore, who retired in October from his position as vice president and chief nursing officer for the center. Charleston Area Medical’s incentives include tuition reimbursement for nursing students who commit to work at the hospital for two years.

“It’s better to pay a traveler than to shut a bed,” he said.

Hospitals nationwide face tough choices when it comes to filling nursing jobs. They are paying billions of dollars collectively to recruit and retain nurses rather than risk patient safety or closing down departments, according to Reuters interviews with more than 20 hospitals, including some of the largest U.S. chains.

In addition to higher salaries, retention and signing bonuses, they now offer perks such as student loan repayment, free housing and career mentoring, and rely more on foreign or temporary nurses to fill the gaps.

The cost nationwide for travel nurses alone nearly doubled over three years to $4.8 billion in 2017, according to Staffing Industry Analysts, a global advisor on workforce issues.

The burden falls disproportionately on hospitals serving rural communities, many of them already straining under heavy debt like the Charleston Area Medical Center.

These hospitals must offer more money and benefits to compete with facilities in larger metropolitan areas, many of them linked to well-funded universities, interviews with hospital officials and health experts show.

Along West Virginia’s border with Pennsylvania, university-affiliated J.W. Ruby Memorial Hospital in Morgantown is spending $10.4 million in 2017 compared with $3.6 million a year earlier to hire and retain nurses.

But these costs are part of the facility’s expansion this year, including adding more than 100 beds as it grows programs and takes over healthcare services from smaller rural providers that have scaled back or closed.

J.W. Ruby, the flagship hospital for WVU Medicine, offers higher pay for certain shifts, tuition reimbursement, $10,000 signing bonuses and free housing for staff who live at least 60 miles away.

Next year, the hospital is considering paying college tuition for the family members of long-time nurses to keep them in West Virginia.

“We’ll do whatever we need to do,” said Doug Mitchell, vice president and chief nursing officer of WVU Medicine-WVU Hospitals.

Not like other shortages

Nursing shortages have occurred in the past, but the current crisis is far worse. The Bureau of Labor Statistics estimates there will be more than a million registered nurse openings by 2024, twice the rate seen in previous shortages.

A major driver is the aging of the baby boomer generation, with a greater number of patients seeking care, including many more complex cases, and a new wave of retirements among trained nurses.

Industry experts, from hospital associations to Wall Street analysts, say the crisis is harder to address than in the past. A faculty shortage and too few nursing school slots has contributed to the problem.

Hospitals seek to meet a goal calling for 80 percent of nursing staff to have a four-year degree by 2020, up from 50 percent in 2010. They also face more competition with clinics and insurance companies that may offer more flexible hours.

Healthcare experts warn that the shortfall presents risks to patients and providers. Research published in August in the International Journal of Nursing Studies found that having inadequate numbers of registered nurses on staff made it more likely that a patient would die after common surgeries.

UAB Hospital in Birmingham, Alabama, has invested millions to attract nurses, but still has 300 jobs to fill. At times, nursing vacancy rates in some of its departments has hit 20 percent or higher.

“We’ve rarely canceled a surgery or closed a bed because of lack of staffing,” said Terri Poe, chief of nursing at the hospital, the state’s largest, which serves many low income and uninsured residents.

Last year, the medical center covered nearly $200 million in unreimbursed medical costs for patients. It spent $4.5 million for visiting nurses during fiscal 2016, including $3 million for post-surgery services, compared with $858,000 in 2012.

Healthcare labor costs typically account for at least half of a facility’s expenses. They jumped by 7.6 percent nationally last year, after climbing at a rate closer to 5 percent annually in recent years, said Beth Wexler, vice president non-profit healthcare at Moody’s. The spending has proven a boon for medical staffing companies like AMN Healthcare and Aya Healthcare.

Missouri’s nursing shortage reached a record high in 2017, with almost 16 percent – or 5,700 – of positions vacant, up from 8 percent last year. Thirty-four percent of Missouri registered nurses are 55 or older.

“Our biggest challenge is getting the pipeline of experienced nurses,” said Peter Callan, director of talent acquisition and development at the University of Missouri Health Care in Columbia, which is expanding. “There are fewer and fewer as people retire.”

Last year, the academic medical center hired talent scouts to identify candidates, Callan said. It spends $750,000 a year on extras to attract and keep nurses, including annual $2,000 bonuses to registered nurses who remain in hard-to-fill units and up to five years of student loan repayment assistance. It offers employee referral bonuses and a chance to win a trip to Hawaii.

Smaller hospitals find it much harder to compete in this climate. More than 40 percent of rural hospitals had negative operating margins in 2015, according to The Chartis Center for Rural Health.

In rural Missouri, 25-bed Ste. Genevieve County Memorial Hospital had to offer signing bonuses, tuition reimbursement and pay differentials when staffing is “critically low” in units such as obstetrics.

They haven’t closed beds, but have hired less experienced nurses, raised salaries and turned away at least one patient who would have been in its long term care program.

“We’ve had to try whatever it takes to get nurses here,” said Rita Brumfield, head of nursing at the hospital. “It’s a struggle every day to get qualified staff.”

To see the entire graphic on the U.S. nursing shortage, click http://tmsnrt.rs/2xQ9Y0K

 

 

(Editing by Michele Gershberg and Edward Tobin)

https://www.huffingtonpost.com/entry/hospitals-are-paying-billions-to-recruit-nurses-in-the-face-of-looming-shortage_us_59ea3aede4b0958c4681dc52?utm_hp_ref=human-resources

Get Ahead Of The Problem: 5 Actionable Steps To Address Sexual Harassment At Your Company

This Article is Co-Authored by Samier Mansur and Meera Seshadri

From the media highrises of New York City to the studios of Hollywood and the tech corridors of Silicon Valley, the past few months have revealed the ugly extent to which sexual harassment and assault plagues America’s workplaces. The Fox Networks, Ubers, and Harvey Weinsteins of the corporate world tell a story that is all too familiar: People in positions of power who take advantage of vulnerable employees; the company cover up to protect the harasser and its reputation; and retaliations against those who come forward or speak out.

Transparency and accountability are values that promote employee morale and productivity, and are ultimately good for business. However, as the recent online #MeToo revelations have shown around the world, people are paying the high mental, emotional,and financial price for a corporate culture built on silence, retribution, and lack of accountability. What does it say about our culture when 70 percent of those harassed across the workforce are too afraid to speak up? Or when 75 percent of people who experience harm are brave enough to come forward and are then subject to retaliation? For too long, this culture has undermined and marginalized its workforce by putting the reputation of the company above every employee’s basic human right to dignity, respect.

The revelations over the past year highlight two truths: 1) What we’ve seen in the media is just the tip of a far-reaching and systemic culture of tolerance for sexual harassment and assault that spans virtually every industry; and 2) at a time when corporate culture is directly tied to brand value, companies that continue to airbrush allegations out of their books are in for a rude awakening.

The cost of a short-sighted culture of silence and behind-closed-door settlements are among the highest in the corporate world. For example, sexual harassment and assault cases have cost 21st Century Fox $110 million in settlements alone, in addition to missed quarterly revenue earnings. Uber’s hit from this year’s highly public harassment claims has been estimated to be as high as $18 billion in market valuation following a company-wide staff and leadership overhaul and diminished brand perception. The company also saw an astounding decline in talent ― female engineers decreased from 25 percent to six percent over the period of allegations.

As for Harvey Weinstein, his career in the industry is effectively over; and the remaining staff at his fledgling company have collectively penned a letter calling for “radical transparency and accountability” if the company is to survive with them in it.

Employees expect better from their employers by way of culture, and the status quo is not sustainable. With over 50 percent of sexual harassment in the workplace coming from those in positions of power, meaningful solutions will require concerted, strategic, and sustained reinforcement from the leadership. They need to go beyond the one-time harassment training modules that 90% of large companies offer — and which multiple studies (including a comprehensive study on harassment in the workforce conducted by the Equal Employment Opportunity Commission in 2016) have demonstrated to have little to no effect.

To repeat the same thing and expect different results doesn’t work – and so many leaders at this time have questioned what to do. The following five actionable steps are designed to help build a culture of transparency, accountability, and sensitivity on the issue of sexual harassment and assault in the workplace:

1. Hold a team meeting to let your employees know you have their back

A powerful way for a company or team leader to send a strong message is to hold an all-hands meeting where s/he offers their support should anyone in their team feel threatened, demeaned, or made to feel uncomfortable in the course of their duties. Jessica Carson, an Associate Director at a prominent mental health association wrote about this recently, “I know it may seem ‘obvious…’” she began, “But it’s not. No matter how ‘open’ you are with your employees, it’s NOT their default state to talk to you about sex, flirtation, and unwanted advances. YOU need to open that space. YOU need to make it explicitly clear that they will be heard… Feeling protected in that safe space is one of the best examples of leadership one can experience.”

This meeting should strongly emphasize: i) sexual harassment and assault are criminal offenses; ii) no one, regardless of rank, or how much they contribute to the bottom line is above the company’s commitment to the rights and wellbeing of its employees; iii) there is a zero-tolerance policy when it comes to illegal harassment and discrimination in any form; and d) the organization has a plan to address these issues.

2. Create a shared definition of what constitutes harassment

Studies show that when acts of harassment are “specifically defined”, more people report incidents. Developing a shared definition of what constitutes sexual harassment, assault, or harm ― with clear examples of what people may experience in the workplace ― comes with two important benefits: first, employees are better able to recognize and report workplace infractions; and second, employees feel greater representation and ownership over a company culture and policies they helped shape.

Any shared definition of harm should represent the plurality of identities and experiences within the company. For instance, minorities face sexual harassment at higher rates than their counterparts, and a staggering 90% of trans-identified workers report some form of harassment or mistreatment in the workplace. When people of all genders, sexual orientations, and ethnicities see themselves represented in leadership, policy, and protocol, they are more likely to share their experiences and ideas on how the company culture can improve.

3. Establish an effective confidential reporting system

Trauma affects each individual differently, and this nuance matters. There is a reason why sexual harassment and assault are among the most underreported workplace violations. No matter how open and receptive the company, manager, or even HR may be, these are sensitive issues that can benefit from trauma informed approaches to reporting that prioritizes confidentiality.

The following strategies can encourage an atmosphere in which employees feel more comfortable to disclose and report: i) employees know exactly where their report is going (and by whom it’s being received); ii) their claim is taken seriously and supported; iii) their report is completely confidential (until otherwise directed by the person who made the report); and iv) the report is followed through on, with the claimant kept informed of the process at every step. This process can help encourage reporting, and provide much-needed support in what can be an overwhelming emotional ordeal for the person who experienced harm.

4. Create shared accountability: Culture in action

For a culture to work, it must be lived in the daily experiences and interactions within a community. Holding every individual accountable ― from the top down ― to the company’s shared definition of harm requires taking into account structures of power and status.There will be times when a colleague witnesses behavior that constitutes harassment, or an employee confides in their colleague about a harmful experience they had with another co-worker. In such situations, it’s important to establish an environment where every member of the organization feels supported in calling out the harmful behavior of another ― be they a colleague, manager, or an executive.

Employees who are encouraged to keep an eye out for one another, and are trained in how to sensitively and appropriately respond to a disclosure, become a part of the solution. Their efforts are strengthened by managers and executives who support and endorse trauma-informed policies and processes. Working in collaboration, this network effect helps: i) engender trust in the new system; ii) normalize the act of checking in on someone; and iii) create safer and more equitable spaces where people feel supported in coming forward to address harmful attitudes and actions.

5. Create lasting cultural impact

As we have seen, it is not sufficient to have one board meeting or training session to announce a zero tolerance policy against sexual harassment. Setting the tone at the top is one thing; keeping it pitch perfect as it resonates through the organization is another. Below are three ways to ensure the longevity of a company’s efforts to address these issues and facilitate meaningful culture change:

1. Obtain stakeholder buy-in: In order to effectively change attitudes and actions, every person in the organization ― from board member to new hire ― should have a clear understanding of i) how the issue of sexual harassment and assault will be prioritized, ii) what their specific role in implementing policy and protocol will be, iii) what accountability looks like, and iv) what channels exist to support them.
2. Reinforce the message: Reinforce the message and the company’s progress through public newsletters, social media, annual reports, board meetings, and one-on-one supervision. Be prepared to answer employee questions and have a roll-out plan that supports management’s implementation of the message.
3. Keep the pulse: Fear of retaliation in its many forms can often prevent employees from sharing honest feedback regarding their colleagues, employees, and supervisors’ behavior. Regular check-ins, 360 performance reviews, and anonymous culture surveys can be an efficient and transparent way to gather quality feedback from employees.

Sexual harassment and assault are an epidemic in our workplaces. It is better to get ahead of the issue than pay the reactive costs of looking the other way. As innumerable recent examples have demonstrated, the human and financial toll it takes is too steep and devastating for any organization to delay prioritizing its prevention.

Taken together, these five steps go beyond the minimum strategic defense against future lawsuits. More importantly, they are an opportunity to help build an organizational culture that fosters respect, transparency, and accountability. This cultural evolution ultimately inspires trust and loyalty at every level, attracts and retains talent, and builds a resilient and successful brand from the inside out.

Now that’s an investment worth making.

Samier Mansur (left) is an entrepreneur and policy strategist who is driven by ideas and technologies that make this world a better place; Meera Seshadri (right) is formerly the Associate Director for Harvard’s Office of Sexual Assault Prevention & Response. She is currently a sexual violence prevention specialist working to promote gender equity, bodily integrity, and sexual and reproductive autonomy using behavior change communication and anti-oppression activism. meerases@gmail.com

Appendix: Thinking more broadly about the issue:

• Think creatively about “professional development.” Professional development opportunities abound in everyday interactions, and are often differently experienced by women, LGBTQidentified, and people of color. Be mindful of: i) who is included in email communication when big ideas are brainstormed, ii) who is chosen to represent the company on committees, at networking dinners, or ad-hoc happy hour drinks with the CEO, iii) invited to present their work and expertise, and, iv) considered for a promotion with significant decision-making power.
• Harassment as a global public health issue. Sexual harassment, abuse, and violence happen in a variety of public and private spaces; almost every organization has porous borders. Consider how a commuter benefit may be particularly helpful for employees who spend late hours in the office and feel unsafe walking to and from the parking garage, train station, or bus stop. Examine how employees feel supported when working national or international assignments – and conversely, how international stakeholders, colleagues, or partners outside the organization are introduced to the organization’s gender equity policies. Ensure that support services, resources, and accountability systems are offered to every person who engages with your company, no matter where they are in the world.

https://www.huffingtonpost.com/entry/get-ahead-of-the-problem-five-actionable-steps-to_us_59f01db4e4b04809c0501245?utm_hp_ref=human-resources

State Workplace Safety Standards May Exceed OSHA’s Rules

This is the third in a series of articles about the Occupational Safety and Health Administration (OSHA). This article examines OSHA-approved state plans. Read the first part here and the second part here. 

Multistate employers may have to comply with more than one occupational safety and health (OSH) program, which means they must pay attention to nuances in regulations and administrative procedures.

State Plans

The federal OSH Act covers most private employers and their workers. However, OSHA allows states to develop their own workplace health and safety plans, as long as those plans are “at least as effective” as the federal program.

“When Congress passed the OSH Act in 1970, a compromise was reached to allow states to opt out of federal OSHA, subject to certain conditions,” explained John Martin, an attorney with Ogletree Deakins in Washington, D.C. “Some states, such as California, already had state OSH agencies in 1970, and they did not want to lose them to the federal government.”

Twenty-one states and Puerto Rico have OSHA-approved plans that cover private employers as well as state and local government employers. Five more states and the U.S. Virgin Islands have plans that cover only state and local government employers.

“It can be difficult for employers with multistate operations to get a handle on the nuances under each plan,” according to Patrick Miller, an attorney with Sherman & Howard in Denver. Many state plans simply adopted the federal requirements, but even those plans may have different procedural hurdles, he said.

State plans have their own review and appeal systems. “The procedures are generally similar to OSHA’s, but cases are heard by a state review board or equivalent authority,” according to OSHA.

https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/State-Workplace-Safety-Standards-May-Differ-from-OSHA.aspx

How To Share Your Political Views On Social Media Without Losing Your Job

Social media is exploding with political discussion these days, and we’ve all read the stories about employees being fired for something they posted on their personal social media accounts. Are you putting your job at risk by sharing political opinions on social media? How far can you go without attracting the wrong kind of attention of your employer or customers?

The law, at least, is on the side of free speech. According to HR professional Patty Malenfant, so-called “water-cooler talk” online is legally protected. Your company might not be thrilled about what you’re posting on your personal social media accounts, but it can’t take action against you unless what you post is threatening or can damage the reputation of the company.

Companies making social media policies can walk a tightrope. Fred Null, National Director of Human Resources for Barbizon Lighting, says, “in setting up policies in a company you do have to be very careful, because it is an employee’s right to do whatever they want as long as it doesn’t hurt the company. But how do you define that?”

Defining what can “hurt the company” is really the crux of the problem. It depends partly on the nature of the business. Large companies—with large legal departments—typically have tighter social media policies than small ones. Companies that provide consulting or advising services must protect their reputations as objective advisors; they tend to be hyper-vigilant about their brands and are more likely to feel that employees represent the company even on their personal social media accounts. Most of the time, though, figuring out what might hurt the company comes down to common sense. Last year when a loan officer tweeted a racist and abusive remark about Michelle Obama, people wondered, quite reasonably, how she treated minority loan applicants. She was fired. It’s hard to imagine how she could have expected any other outcome.

Ms. Loan Officer clearly crossed a line, but not all cases are so straightforward. Lynne Eisaguerre of Workplaces that Work says there’s often a higher bar for senior-level employees, who may have contracts that go beyond the employment agreements that bind all employees. People in leadership positions may be construed as representing the company’s views, and their agreements may include stricter guidelines for personal online activity.

Lynne also points out that while you do have the right to free speech, you probably don’t have the right to use company-owned equipment, servers, or networks to spread your ideas. If you’re using a company laptop or technology to post on social media, you’re likely violating company policy, and your company has the right to access what you’ve posted. If you insist on using company resources to post on social media, Lynne suggests, “don’t post anything that you don’t want your boss to read, or a judge to read, or the Russians to read.”

Lynne says it’s often a matter of diplomacy rather than legality. Saying inflammatory things around the water cooler will shape your co-workers’ views of you, and posting online is no different. Companies are forbidden by law to hack into your personal social media accounts, but if you’re connected with your co-workers and your boss on social media, they’re going to see what you’ve been up to. Like obnoxious remarks in the office, intemperate posts can alienate colleagues and reflect badly on you as an individual.

Your behavior online can effect not just your current employment situation but also future opportunities. According to Patty Malenfant, rants on social media can signal to potential employers that you’re a highly emotional person. Fairly or not, they might decide they don’t want to work with someone who seems volatile or angry. HR professionals and hiring managers are often counselled not to look at a prospective employee’s social media accounts, to avoid being tainted by what they see there. At the same time, employment counselors suggest that you assume that prospective employers will be looking at your online presence. Erring on the side of discretion seems wise.

Entrepreneurs need to be even more circumspect about their social media sharing than employees. Small business owners like accountants or attorneys risk hurting their business by sharing intemperate political views. I’ve been surprised to see some nasty political comments posted here on LinkedIn, and my first reaction when I see something like that is, “remind me never to do business with this person.” For me it’s not a question of agreeing or disagreeing with a political position; it’s a question of not having the professionalism to stop yourself from ranting on a platform that’s about business relationships. Even on primarily social platforms like Facebook, entrepreneurs are likely to be connected with customers and potential customers; when the brand is you, you need to protect it everywhere.

If you want to exercise your right to free speech and share your political views on social media, these tips can help you maintain harmony with your employer and customers:

Review your company’s social media policy as well as any agreements you signed when you were hired. Make sure you understand your responsibilities.

Make it explicit that you don’t represent your company’s views. For example, some companies suggest that employees note “all Tweets are mine” on their Twitter accounts.

Before you post, stop and think how your conduct might affect your company’s reputation. It might not be clear in the heat of the moment, so take a step back and imagine how your comment might be perceived.

Be scrupulously honest. If you’re sharing an article or another post, do your best to vet it for accuracy. If you find you’ve inadvertently posted something that’s not true, delete it immediately. Don’t distort facts to suit your argument. Don’t post links to libelous, defamatory, or harassing content.

Don’t post racist, sexist, or homophobic content. You may think the “politically correct thing” has gone too far, but be aware that not everyone agrees with you.

Don’t be a total raving jerk. Make your point without name-calling, abuse, or insults. Watch your tone, even on your personal accounts. Don’t leverage your position to win an argument on social media. You may be tempted to blurt out, “I work for XYZ and I know for a fact what you’re saying is false” or “I’m a financial advisor/management consultant/HR specialist and I can confirm that this is not true.” Don’t. You’re dragging your company into a political argument, and that’s no good. Use the “head of HR test.” Imagine the head of HR of your company saw your social media posting, and imagine her response. If her response is “meh, I’d kinda rather you didn’t post about politics,” you’re probably safe. If her head explodes, don’t post it. If you’re self-employed, imagine a potential customer who does not share your political views, and imagine how they might respond to your post. Is it worth losing business over?

When in doubt, don’t. Whatever that thing is you’re dying to post on Facebook or Twitter likely isn’t that important in the greater scheme of things. Do you remember what you posted on Facebook last week? Probably not, but it’s still there and it still reflects you. If you’re uncomfortable about something you’re about to post, don’t post it.

Laura Brown, PhD, is the author of How to Write Anything: A Complete Guide (WW Norton).

How about you? Do you post about politics on social media? How often do you think about what your employer or customers might think about your political posts?

(This article originally appeared on LinkedIn.)

All Employees Must Wash Hands: Why Micromanaging Doesn’t Work

You’ve seen the signs. Whenever you use the restroom at a restaurant, grocery store or any business where keeping things sanitary is a must – there it is: “All employees must wash hands before returning to work.” Now, I understand that hand washing is in everyone’s best interest, and don’t get me wrong – I advocate it. If you want to know more about the importance of hand washing, the CDC has devoted several pages to the subject.

However, whenever I see those signs, it gets me thinking: Is it really necessary to essentially stand over your employees’ shoulders while they’re in the bathroom and remind them about basic hygiene (albeit in the form a sign)? Maybe it is. Or maybe it’s just the ultimate form of micromanagement in the workplace.

 

At the office, constant reminders about how we should function and behave can turn a creative person into a robot and an A-player with differing ideas into a dissatisfied employee looking for his next opportunity to leave the company. If you want to engage your employees and get the very best out of them, you’ve got to cut down the rules and regulations, and stop micromanaging. Here are four steps to move you in the right direction:

1. Agree that you’re all adults – I’ve written about the adult agreement before, but it’s often either forgotten or never implemented. Remember that you and your team are all adults and should act like it, which means you don’t shoot each other down or hide problems. Instead, bring issues to the table, admit fault if there is any and don’t shy away from making hard decisions. It’s crucial to keep communication open and professional at all times if you want to have a team that functions without your monitoring their every move.

2. Be clear about expectations – If an employee knows what’s expected of him from the start, you won’t need to provide constant reminders. Identifying S.M.A.R.T. goals (specific, measurable, attainable, realistic and timely) for your team members will set them on a trajectory for success, bolster confidence and reduce your need to micromanage. If you’ve hired well, you’ve got nothing to worry about, and your team will perform to the highest standards.

3. Trust your team – When Ronald Reagan was negotiating with the Soviets, he said we should “trust, but verify.” Well, you’re not facing a nuclear threat at the office, so once you’ve gathered a great team around you, trust that they’ll do the job you hired them to do. Remain available for counsel and keep track of your team’s progress, and show that you appreciate them by giving them the room they need to do their work, while treating them like valued and trusted members of the team.

4. Get comfortable with change – Don’t expect things to stay the same, because they won’t. Your business is going to change over the years, and if you’ve taken time to plan and be intentional about growing your company culture and business, each change should bring about improvement. If, however, you resist the changes coming your way and insist on keeping things “the way you’ve always done them,” then you’re bound to find yourself (and your business) obsolete. Embrace new ideas. Be flexible, and you’ll benefit from all the resources around you – not just your own.

Maybe the “must wash hands” signs make us, as customers, more comfortable that standards are still being upheld. And, maybe there’s a segment of the workforce that’s more likely to follow the rules if you constantly remind them. I’d suggest those aren’t the players you want on your team. Run your business without the “signs.” Your employees will turn your trust into their best ideas, and your need to micromanage will disappear.

Andy Bailey is the author of No Try Only Do: Building a Business on Purpose, Alignment, and Accountability. He is CEO and head coach with business coaching firm Petra Coach and serves in an advisory role on the Gazelles Council, the leaders of the Scale Up movement. Visit his blog at http://www.petracoach.com for more business and leadership insight.

https://www.huffingtonpost.com/entry/all-employees-must-wash-hands-why-micromanaging-doesnt_us_5908e075e4b084f59b49fd70?utm_hp_ref=human-resources

Risking Your Life For Corporate Camaraderie

Imagine being submerged inside a downed aircraft in icy water, knowing that to reach air and safety you have to work with fellow passengers. Of course, you understand this is only a training exercise, aimed at honing your capacity for trust, collaboration, and team building. Here’s the question: Will defying death succeed better than the rope courses, scavenger hunts, tug of wars and other standbys of traditional corporate team building?

The Groton, Conn.-based company Survival Systems USA is betting that undergoing realistic disaster training is the new trend in helping corporations enhance teamwork, improve leadership and build skills needed for 21st century workplaces. The company is adapting its aquatic survival training into a program for companies seeking to push the envelope in employee team building.

The Survival System training, which involves a mock plane or helicopter crash in nasty conditions, is but the latest in moves toward intensive team-building exercises that go far beyond the classic “trust fall.” Exercises may range from rock climbing, rappelling, wilderness camping and sailing to sophisticated “geo hunts” in which teams use GPS to follow clues.

Many executives believe that such intensive activities improve morale and increase teamwork (and hence, productivity); they’ve noticed that people who go through such programs bring back a more positive attitude and greater ability to work as a team. However, some team building exercises backfire, leaving employees bewildered, embarrassed and even demoralized.

A variety of factors may be pushing companies to engage in team building activities. One is that MBA programs around the country are using similar exercises as teaching tools for graduate students. At MIT Sloan, for example, new students spend a full day together at the Warren Conference Center building a boat and getting their team to cross an area of water. (If it fails, you’re going to get very wet!) At the Mays Business School at Texas A&M University, MBA students undergo a mock training in which they have to deal with the aftermath of a tornado. The goal is to provide training in crisis leadership as well as team building. If MBA students bring away positive experiences from these kinds of exercises, they are more likely to use them as management tools when they enter the workforce.

Another force propelling the drive for intensive team building may be related to millennials who have differing expectations for the workplace including an intense interest in the company culture and a desire for a sense of engagement. Thus, extreme training can be a recruitment tool.

To be sure, the announcement that your company will undergo a corporate team building exercise often elicits the groan, “Oh, not that again.” Still, smartly organized activities, keyed to real workplace issues, can help to build engagement, improve trust and collaboration and allow employees to be creative. Extreme team building does put you in situations where you have to rely on others to succeed and thus does help to build trust. If you trust your colleagues, you’re much more comfortable stating an opinion. Still, companies may be able to increase trust or encourage creativity without, for example, putting employees into large plastic balls and challenging them to roll downhill.

When considering hosting team-building exercises, companies have to determine just what they want to accomplish. Is it to improve morale? Increase collaboration? Consider: Is an exercise in which you pit one team against another going to accomplish your goal of camaraderie or do you want an exercise that focuses on collaboration? Executives should also select activities that are clearly linked to what people do on a daily basis. Planners have to be aware of employees with physical disabilities in choosing a program, so they can be included as well.

We are seeing a growing number of professional businesses that design and offer team-building events. If you don’t have an internal person to organize exercises, seek out and consult with the experts in these companies. I’m also a big fan of being transparent and upfront about why a company is asking its employees to go through an exercise.

Here’s another key point: What are the next steps after the exercise is over? It is dangerous to think that you can create a terrific team culture through just one particular program. It’s an ongoing process. You do have to be careful with team building – it may not accomplish everything that you might hope it will.

Another trend in corporate team building may help both company and community. Some companies are creating opportunities for employees to work for a period of time on a humanitarian project in a poor or underserved area. Such projects can build workplace skills as well as provide a service to those in need. An employee is likely to be much more positive about a company that supports that kind of project.

Extreme team building may represent the next evolution in corporate management, but it may not be right for every company. Sometimes a company softball game will be just as effective.

Neal Hartman is a Senior Lecturer in Managerial Communication at the MIT Sloan School of Management.

https://www.huffingtonpost.com/entry/risking-your-life-for-corporate-camaraderie_us_58ecf0dfe4b081da6ad007db?utm_hp_ref=human-resources

The “No Spin Zone”: An Rx for Sexual Harassment and Gender Discrimination

It’s time to stop mindful blindness in the workplace

The list of companies entangled in sexual harassment or gender discrimination suits continues to grow. FOX and Uber have grabbed the most headlines but you can also see a growing list of companies that include Wells Fargo, Goldman Sachs, KPMG, Qualcomm, and Microsoft.

What is disturbing about FOX and UBER is that you had the company’s Human Resource and Legal departments actually protecting these predators in the workplace. If not for social media and the instantaneous news cycle these incidents could have easily remained buried. And in the case of FOX, if dozens of corporate sponsors had not pulled out, there is a good likelihood that its big name host would still have a job.

Sexual harassment is still very real in the workplace today. The 2016 U.S. Equal Employment Opportunity Commission (EEOC) notes that 1 in 3 women have been sexually harassed at work and “the least common response to harassment is to take some formal action – either to report the harassment internally or file a formal legal complaint. Roughly three out of four individuals who experienced harassment never even talked to a supervisor, manager, or union representative about the harassing conduct. Employees who experience harassment fail to report the harassing behavior or to file a complaint because they fear disbelief of their claim, inaction on their claim, blame, or social or professional retaliation.” Mindful blindness, the willingness of the company to turn a blind eye on activity that they know is going on, must stop immediately and senior leaders need to get tough and start asking very challenging questions of the people who work for them.

 

https://www.huffingtonpost.com/entry/the-no-spin-zone-an-rx-for-sexual-harassment-and_us_591c6692e4b0da7850311ca1?utm_hp_ref=human-resources

Joint Challenges: HR And Legalized Marijuana

Legalized marijuana may soon become a nationwide reality—possibly within the next year. Even if it doesn’t, more states could join Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Washington, and Washington, D.C. in legalizing recreational marijuana.

So in anticipation, let’s explore what the legalization of marijuana could mean for employers, and specifically, for HR departments. There’s a lot to consider.

HR directors will need to examine company substance use policies, potentially reconsidering your company’s stance on drug testing to adapt to new laws. But, not to worry, the legislation won’t turn your office into a smoke-filled music festival; alcohol has been legal since 1933 and you don’t see employees staggering around drunk at work.

However, clear policies can help minimize confusion and provide a path to disciplinary action if someone breaks company rules.

https://www.huffingtonpost.com/entry/joint-challenges-hr-and-legalized-marijuana_us_592711d1e4b0627b74360e0e?utm_hp_ref=human-resources