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Throwing The First Stone…Hypocrisy and the Call for Corporate Accountability

Starbucks is trending on social media because of an incident in which two African-American men were arrested for trespassing at their Philadelphia store. They were taken in handcuffs just as the person they were waiting for arrived. You can find out more about the story here: Starbucks

What I found interesting is how quickly the internet blame roared into action. People have been almost gleefully eager to throw the first stone at Starbucks. This kneejerk rhetorical bile wasn’t directed at the employee who called the cops, or that employee’s manager, or the cops who made the arrest—all individuals who might rightly be criticized. The same puritanical souls railed against Starbuck’s press release as “unacceptable” and claimed that it doesn’t really “scratch the surface of the issues.” Many of these reactions came from people whose stances I generally find well-considered and fair. These are people in HR.

I hate the tendency to indict an entire HR department because of one isolated incident. I also hate it when companies known for strong corporate values are maligned because of one individual’s poor judgment.

Yes, even the best companies have bad apples. Is that really HR’s fault? Is it the fault of the company as a whole? It is, if the bad apples are allowed to continue to be employed there.

If you were on Starbuck’s PR team, how would you address this in a short amount of time? If you were one of their HR people, how would you react? Is it really practical for them to address the entirety of the racial discrimination issue, or does a greater weight rest on the police department who made the arrest? At the end of the day, the cops have an obligation to assess the situation and determine whether the law has been broken. There is no doubt that Starbucks does have certain responsibilities as well. They must investigate in a robust and comprehensive manner. If the employee was at fault, would you fire them right away, or approach the incident as organizational learning moment, to be addressed by intensified training?

Many have responded to #MeToo by asking “Where is HR?” instead of “Where’s the HR representative”? We all got painted by the same insidious brush, when most of us would never let that sort of thing happen. HR gets blamed for failing to do proper training without bothering to find out whether or not training was actually done.

If we want to ask for fairness and equality, let’s not throw the first stone. Let’s not replace accountability with hypocrisy. As HR folks, we wait for all information and investigate rather than passing judgement based on a sensational smattering of unsubstantiated claims. Let’s instead focus on constructive questions: If you worked for Starbucks, what changes would you implement so that this won’t happen again?

I’m not ignoring the fact that something unacceptable happened. It was wrong, and it was clearly racial discrimination, based on eyewitnesses accounts. But to expect Starbucks to take full responsibility for an action of one person (whose story is yet to be heard) is unrealistic. It would be a different story if this was happening at every Starbucks, but it simply isn’t. If anything, we should be asking more for better accountability from the police department whose officers were involved.

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#SHRM18 Speaker Spotlight: A One-on-One interview with Jonathan Segal

Jonathan Segal is a Partner at Duane Morris, LLP. He has been cited as a national authority on employment issues in The Washington Post, The New York Times, and The Wall Street Journal, to name just 3. Jonathan’s many accomplishments are listed on the SHRM18 Conference page.

As an HR professional, I’ve always attended various employment workshops. Jonathan is one of the lawyers I followed on Social Media and I often retweet him or share his articles on LinkedIn. When we were assigned to pick a speaker to interview, I knew I wanted to interview him. You can also follow him on Twitter.

I am thankful that he was willing to share his personal thoughts on HR matters, sexual harassment training, workplace culture, and leadership. This interview will surely encourage you to sign up to his sessions at SHRM18.

GT: As a lawyer, how did you decide to specialize in Employment Law?

JS: I decided to become an employment lawyer because it focuses on people and the relationships between them.  I also think employment/HR issues are both interesting and incredibly important.

I have a particular passion for issues involving equality. As employers, we can do a lot to make equality a reality and not just a policy.

My passion for equality is a natural outgrowth of my upbringing.  My parents—and my grandparents—were both role models and messengers that there is nothing you cannot do because of your gender and nothing you must do because of it

Most of my family was killed in the Holocaust, and my grandparents were proud and productive immigrants.  These facts also inform how I see the world and the role I want to play in it. 

HR is the bridge to compliance and culture

GT: Your topics at SHRM18 are all related to Sexual Harassment, do you think with the #MeToo movement, training will be taken more seriously, and harassment claims will be better handled?

JS: We hear a lot about compliance and culture. Some suggest it is one or the other. I think we need to marry the two.  Our compliance must take into account our culture and our culture must reflect the values underlying our compliance obligations.

I love your term “bridge,” and I agree that HR is the bridge between compliance and culture.

GT: Many companies have used videos for sexual harassment training and 70% passing rate. It’s one on one and not really interactive. Do you think that’s enough? 

JS: I agree a lot of training programs are deeply flawed. That does not mean training of leaders is not important.  We just need to take a look at our training and ask how we can make it more effective.

At a minimum, it must be interactive and customized. If it is canned, it belongs in the can.

We need to provide examples of specific behaviors that leaders must avoid, even if they don’t raise to the level of illegality. Remember: power magnifies wrong.

We must provide leaders with guidance on how to respond to complaints they receive and how to deal with bad behavior that they see or hear, even if no complaint.  Leaders, and that includes everyone in HR, cannot be passive bystanders.

Differential treatment is not a solution to better training, don’t ignore the fear.

GT: Many employment laws are not new, like Title VII, sexual harassment, ADA, etc. Why do you think companies don’t enforce compliance more to protect themselves?

 JS: We must provide guidance on how to navigate the gray areas, such as when giving a hug or compliment on appearance may be okay.  We don’t need to implement sterility as we strive for greater workplace civility.

It is important that we talk about how to work human. I fear some men may be so scared of harassment claims they that will or already are avoiding women.  There’s a word for that: discrimination.

Don’t discount the fear, although I think it is overstated. Take people where they are and hit the fear head on and provide granular advice on how to ensure there is equitable inclusion.

GT: What advice would you give HR professionals about having courage in the workplace?

JS: Sometimes we need to stand up and fight for what is right, as Johnny Taylor, Jr., the CEO of SHRM, has emphasized. It is not risk free. That is why they call it courage. If there are no risk, then there is no courage.

I think of the VP of HR who spoke with his CEO about another executive who had engaged in serious sexual misconduct.  His message was, “one of us will not be here by the end of week”.  He’s there, but I am not sure the termination (which was the proportionate response) would have happened if he had not spoken up.

When speaking up, look for an ally. Going at it alone is harder. Try not to attack. Give the other party a chance to save face and agree.  Influence based on values and not threats. 

I think HR has done so much more than that for which it gets credit. We don’t hear about all the times HR pushes to do the right thing and gets results.  This makes me very proud to be a SHRM member. 

Click on the link to sign up for Jonathan’s Sessions:

#702: Investigating Harassment Claims

Sexual Harassment 2.0

Male Allies and Sexual Harassment

 

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HR Pros: Emotional First Responders?

On January 4, 2018, well known author, speaker, and HR professor Dave Ulrich tweeted: “In a world of increased uncertainty and change, aspiring #HR professionals are emotional first responders who help organizations and people not only survive, but thrive.”

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According to Merriam-Webster the definition of a first responder is a person (such as a police officer or an EMT) who is among those responsible for going immediately to the scene of an accident or emergency to provide assistance.

So, an emotional first responder is a person who is responsible for assisting a person’s emotional well-being.

 

As an HR Pro for decades, I related to what he said because I often found myself in this role. It’s not an exaggeration to say that many of us in HR often feel like we’re also serving as psychologists and social workers. I am a firm believer in Human Resources assuming a place in the organization that enables its practitioners to relate to employees as people rather than disposable assets. Employees endure a wide range of emotionally charged situations that may or not may not be related to work. Either way, it is our responsibility as leaders and HR professionals to help them navigate through these emotions. We must cultivate both a sense of fundamental compassion and decency, and the ability to minimize the impact of difficult individual stressors on others in the workplace.

I was the emotional first responder in my workplace during the 9/11 event. I was with an aviation company at the time, so the sense of shock and dismay was particularly palpable. I gave my staff time off and I went to work to contact our employees and

I was the emotional first responder when one our staff called in to our receptionist threatening suicide.

I was the emotional first responder when a harassment claim/discrimination claims hit my desk, and when I was tasked to fire a single mother on Christmas Eve (a separate blog on draft for this)

The #MeToo movement taught us that sexual harassment and other discrimination affected many workplaces. At the very least, HR should be the emotional first responder. If only courageous practitioners had provided emotional support instead of financial payoffs to the victims of perpetrators like Harvey Weinstein and Matt Lauer, there would have been less victims and perhaps criminal investigations could have been filed in a timely manner for those who were sexually assaulted. If they were worried about public relations, the damage to the organization’s brand will be less severe than they are now.

During the hurricanes of 2017, HR pros served as emotional first responders – helping and reassuring employees of their jobs, providing timely paychecks, and helping employees access resources within their communities.

HR is already the procedural first responder when it comes to worker’s compensation claim, disability claim, leave of absence, or bereavement. Serving as the emotional first responder in the face of such events should come naturally to us, given the potential effects on employees’ mental and emotional health.

Psychologist Guy Winch identified society’s expectation that we should “get over” psychological wounds, despite that fact that emotional injuries can be just as crippling as physical ones. We need to learn how to practice emotional first aid. Here are 7 ways to do so: https://ideas.ted.com/7-ways-to-practice-emotional-first-aid/.

What I have learned from HR Leaders like Dave Ulrich, Mark Crowley (author of “Lead from the Heart”, and Steven Browne (author of “HR on Purpose”), when we care about the emotional well-being of our employees and not just maximizing profits, we can help prevent burn out, minimize job stress, and create an organizational culture that cares about people. When employees feel that the company cares about them, they will reciprocate with hard work and loyalty. What makes best employers is not who pays the most, but who cares the most. If you look at who made best employers year in and year out, it’s about who provided the best benefits and perks like flexibility, healthcare, paid time off, professional/personal development, etc. To learn more about these HR Gurus follow them on Twitter:

https://twitter.com/dave_ulrich

https://twitter.com/MarkCCrowley

https://twitter.com/sbrownehr

JhukariPS. This blog is dedicated to my first HR Mentor, Joan A. Hukari, SPHR (picture on the left). Sadly, she passed on January 13, 2007. She was my emotional first responder when I was a HR novice. She mentored me, sent me to HR workshops and very forgiving when I made mistakes and had my back when upper management tried to throw me under the bus. She inspired me to get my college education and gave me flexibility (before it was even a thing when I had difficulty with my first pregnancy. The benefits she put together for our organization were the richest I know, even in this day and age. I am forever thankful for her guidance and her big heart for the employees she worked with. It wasn’t a surprise to me that at her memorial, there were several HR practitioners who credited her for being their mentor. She was the one who encouraged me to be part of #SHRM.

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HR Is Not For Lazy People

 

HR is not for lazy people.  Working in HR involves a lot of work and that includes working with PEOPLE!

HR is trending again in the news, but not in a positive way. With all the harassment and discrimination that has recently come to light, the common denominator is this: HR didn’t do a thing! HR personnel either proved to be ignorant concerning their duties in this area, or just plain lazy! Either way, it’s not acceptable, and the fear of losing one’s job is no excuse.

If fear for one’s livelihood is prompted by a desire to do the right thing, it means that our work culture is even more toxic than one might think. Don’t be part of the rot that is slowly killing your organization. No HR Pro should ever tolerate such behavior, even if our jobs are at risk.

We can’t be lazy when it comes to harassment complaints (or any employee issues)!

  1. Deal with it. Don’t excuse it.
  2. Listen, don’t judge, don’t retaliate
  3. Investigate and document every conversation you have with everyone involved
  4. Make the necessary recommendations.

NO EXCEPTIONS!

First and foremost, an HR pro must protect employees, and must make this a priority that supersedes selfish concerns.

  1. Remember: protecting the employees is ultimately protecting the organization
  2. Remember: protecting a person in power or leadership is NOT protecting the organization.
  3. If threatened by management, turn to the EEOC.

Yes! We can blow the whistle on those who protect the harasser. We can call to account those who throw the victims under the bus.

When misdeeds are allowed to snowball, this inevitably makes things worse. They eventually come to light, affecting the organization’s reputation and profitability in a way that cannot be readily remedied. It could cost the company millions of dollars in judgements and court fees! Being the founder or the CEO is no longer a shield of protection. The founder for Uber, Travis Kalanik, Harvey Weinstein, and Kevin Spacey, have all been axed for inappropriate behavior and illegal activities in the workplace. As far as I’m concerned, the ax should also fall on the cowardly and irresponsible HR pros who tacitly enabled their behavior.

As HR Pros, we must be courageous, fighting for what is fair, what is right, and what is ethical.  If we can’t do that, who will?  Organizations need to recognize that in order for HR to be effective, it’s practitioners must to be supported and empowered—a beacon of light for everyone in the organization.  For HR to be truly be business partners, our mission to keep the organization in compliance and be competitive in the job market has to be welcomed instead of threatened.

Corporate leaders: Invest in HR and invest in your people. Your leaders and superstars may bring you robust profits in the short term, but if their performance is marred by toxic behavior the long-term costs may be extraordinary.

Litigation.

Penalties and fines.

Court awarded damages.

Tainted reputations.

Don’t commit career suicide by covering up the misdeeds of callous and entitled individuals.

HR is not for lazy people.  It’s a complex field that calls upon us to wear many hats—sometimes two or three at once.  As HR pros, we are mentors, teachers, therapists, mediators, legal wranglers, safety experts, marketing mavens, and techies. Most of us do it all.

We not only help write policies, we teach them and reinforces them. We do this across the board, at every level in the organization. As Steve Browne (@sbrownehr) said, “We are responsible for every employment’s life cycle – from talent acquisition through termination or retirement”. We provide services to every single employee, and even former employees.  This includes broadcasting an unequivocal message:

  • Harassment will not be tolerated
  • Harassment will be reported and investigated using well-defined processes
  • Harassment training will be completed on an annual basis, at the very least.
  • Prevention is key!

We are constantly learning, and not just because we need CE for our recertification. We keep learning in order to become more effective in the workplace. It is how we can protect our organizations and employees in the face of constant change. From legal compliance to best practices, the sand is always shifting under our feet. That learning process has taught us how to deal with toxic employees within a well-understood legal framework. We have the skills, we have the knowledge, but we must, in addition, have the confidence and courage and will.

Being lazy or complacent jeopardizes our organization, employees, and ultimately, our job!

#HRCourage #TogetherForward #SHRM18 #MeToo