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Posted on December 19, 2019June 29, 2023

NLRB Rolls Back 2 Key Obama Era Anti-management Decisions

Jon Hyman The Practical Employer

This week, the National Labor Relations Board decided two cases that rolled back key Obama era anti-management NLRB decisions.

  • Apogee Retail LLC d/b/a Unique Thrift Store, which overturned Banner Estrella Medical Center and held that work rules requiring confidentiality during the course of workplace investigations are presumptively lawful.
  • Caesars Entertainment d/b/a/ Rio All-Suites Hotel and Casino, which overturned Purple Communications and held that an employer can lawfully restrict employee use of its email system as long as it does so on a nondiscriminatory basis.

Apogee Retail is a much bigger deal than Caesars Entertainment. Purple Communications required employers to allow employees to use their email systems for union-related communications if they otherwise allowed employees to use the email systems for any other purpose. Because it’s still the employer’s system, however, the employer still has access to the communications. I question why any employee would want to use an employer’s email system to talk union business, as they should assume the employer is reading all of their union-related emails.

Apogee Retail, however, reverses the biggest tragedy of the Obama-era NLRB. As I wrote all the way back in 2012 criticizing Banner Estrella Medical Center:

Workplace interviews are high-stakes affairs that carry serious liability repercussions for the employer. Moreover, it is often difficult to determine who is telling the truth and who is lying. This difficulty is exacerbated by the fact that those conducting these investigations are not trained detectives, but often HR personnel. …

By prohibiting employers from requiring that workplace investigations remain confidential, your decision in Banner Estrella neuters the ability of employers to make key credibility determinations. Limiting confidentiality in this manner will severely constrain the ability of employers to conduct thorough and accurate workplace investigations, which, in turn, limits the ability of employers to stop the workplace evils they are investigating (discrimination, harassment, theft, etc.).

The Board concluded that determined that a confidentiality rule limited to the duration of an internal investigation is generally lawful.

Bravo NLRB (for now). Still, it’s best to save your policies that complied with Purple Communications and Banner Estrella Medical Center. All bets are off if a Democrat takes back the White House in 2020, and you just might need to dig them out.
Posted on December 11, 2019December 12, 2019

Vote Now for the Worst Employer of 2019 — Polls Are Open

Jon Hyman The Practical Employer

All year long, I’ve been sharing examples of the worst employers in America. My goal? Compile them at the end of the year and then turn it over to you, my readers, to pick the worst of the worst.

Today is your opportunity to help pick the Worst Employer of 2019.

I’ve narrowed this year’s preliminary list down to my choice for the top 10 naughty employers.

Voting will take from today until December 17, at 11 p.m. You will be able to vote for up to 3 choices.

I will then tally the votes, and, announce the highest recipient as the very worthy winner of the Worst Employer of 2019.

Vote, share this post with your friends, colleagues, and social networks, and most importantly, learn something from the mistakes of these 10 very cringe-worthy nominees.

Posted on December 9, 2019June 29, 2023

When You Tell a Job Candidate, ‘You’re Probably Not Going to Like This Job’

When hiring is brisk, it’s easy to rush the process and end up with mismatched employees. So it’s important to know what motivates them — not just how they behave, but why they do what they do. With today’s labor market, finding the best match for performance and retention pays for itself in retention alone.

A majority of Fortune 500 companies use assessments for selection and companies of all sizes can benefit from emulating the practice. To ensure the best talent selection and long-term match, HR should go deeper than personality types and behavior.

With assessments that determine what motivates candidates, HR can be more assured in choosing — or passing on — any individual.

“Selection is very different than just hiring,” said Brett Wells, chief science and consulting officer at Talent Plus Inc. “Selection means you’re making a sound judgement based on validity and science, based on what’s the very best in a role or an industry and how they will respond versus what you think your gut reaction should be. It’s predictive.”

It’s a Good Time to Be Choosy

“People can answer interview questions very well,” said Alison Nolan. “People are fantastic at answering interview questions, but it doesn’t always tell you the truth.”

Nolan is HR partner for the public health NGO, FHI 360. Previously, she did the same job with Volvo Group Trucks. With her 18 years of talent acquisition experience, she recommends an assessment-based hiring process.

“With an assessment, if they’re trying to fake it, it shows up,” said Nolan. “It’s very clear if they’re trying to skew the answers. If you’re honest it just gives you so much more insight. It saves the employer and the employee.”

In Nolan’s experience, only about 25 percent of employees who are put on a performance improvement process end up keeping their jobs. So why not make it a goal to avoid performance improvement interventions?

Right now, two competitive factors make it more important than ever to assess and understand employee motivation in hiring so great performance is the norm:

  • Near full employment. With full employment, talent acquisition is more about who you don’t hire than who you do hire, because you want to be selective and find people who will thrive in your organization. And once they’re hired, retaining those employees also becomes a competitive necessity in a tight labor market.
  • Career trends. People have become more selective about what jobs they take. Once upon a time, job seekers considered just getting a job a societal responsibility. Today, they are more attracted by intrinsic factors — in other words, corporate culture and corporate responsibility — than the need to simply find a steady income or a job for life.

Personality assessments that identify motivation can make all the difference in matching candidates with the jobs in your organization.

For Wells, who researches and builds assessments, carefully matched talent has never been more important for retention.

“With a tight labor market for candidates, the world is their oyster right now and ‘fit’ is key for retention,” said Wells. “If they don’t have that fit for the role or the organizational culture, they will leave. If they’re in a role where they’re not getting that intrinsic satisfaction they’re at risk for being disengaged and, again, at greater risk for leaving.”

Finding a Motivational Match

When you’ve done the work to accurately assess candidates, you can honestly say to those who aren’t a match, “You’re probably not going to like this job.”

How come?

You can answer, “Well, you’ve got the work ethic and the skills to do the job, but after a year, you’ll be exhausted because this job is all about engaging with clients daily in a strictly established corporate structure and you’re more motivated by thinking outside the box and coming up with new ways to accomplish tasks.”

On the other hand, for the candidate who assesses as a good fit, you can offer the job with assurance and negotiate as necessary to get them on board: “I really think you would love working here.”

Nolan has seen how this can be a positive experience for people who are not hired as well as the company.

“They get to hear why they didn’t get selected and they get that review,” said Nolan. “They have something tangible to walk away with. And sometimes, we say, ‘Hey we have this other position where you’d be a great fit.’ ”

You’ll know this because you’ve used a scientifically valid instrument that goes deeper than simple behavioral traits to find out things like:

  • Do they like to develop their own way of working or do they prefer to have it laid out for them in a prescribed manner?
  • Would they rather help others succeed or do they prefer monetary incentives?
  • Can they focus on their job with no environmental distractions or do workspace aesthetics energize them?

There are no right or wrong motivations. It’s all about congruency between what your organization needs and what it can offer the candidate.

When you assess a person’s motivation, you gain a deeper understanding of them so you can either lead them into a fulfilling and satisfying position or honestly wave them off, so they don’t take a job that will ultimately frustrate them and send them looking elsewhere.

“This is where that motivational piece comes in,” said Wells. “We often see potential wasted because they’re in roles spending time just doing things that they’re excellent at, but they don’t necessarily enjoy it.”

For Wells, it’s about talents versus strengths.

“A strength is something I’m good at, but I might not enjoy doing it, e.g., balancing a checkbook,” said Wells. “A talent is something I have the potential to do with excellence and is something I’m going to enjoy doing.”

The Perils of Using Gut Instinct

Outside of HR, not all managers are believers. Or maybe they’re just not aware.

“With some hiring managers, it can be them saying, ‘Okay, I want this person’ even when it didn’t make sense from the assessment to take that person,” said Nolan. “And nine times out of 10 they would end up on a performance improvement plan since they could not do the job, because they were not motivated by what it took to do the job.”

The best way to bring hip-shooting hiring managers into the fold of scientific talent selection is to give them the assessment that’s being used, including the feedback session. They’ll see how in-depth and revealing it is, firsthand, and they’ll be inspired by what can be achieved with a more careful hiring discipline.

Nolan has worked with managers who have a certain feeling and until they’re proven wrong — and it could be a hiring mistake that ends badly and could be costly — the task becomes how do you convince a hiring manager.

“I gave my hiring mangers the assessment and told them to take it,” said Nolan. “With them taking it, it was an eye-opener. Like someone peeking inside of you. They do it themselves and see how accurate it is.”

 Why Touchy-Feely Matters

Assessments differ, but terms like “harmonious” and “altruistic” are common. This may strike old school hiring managers as a little too soft-skill or “touchy-feely” to be practical.

What does it matter if a worker cares about the number of windows and art installations in the office? Or if they’re indifferent to status and recognition?

Plenty, according to most science on the subject, but it’s also basic psychology. People function at their best when they’re at ease. If an organizational structure or a particular job aligns with motivational preferences, the employee will be more comfortable and more able to do work in a way that gives them fulfillment.

People need to be able to be themselves at work. You can fake it for a few months in a mismatched position, but not for long.

And outside-the-box thinker isn’t going to be happy if they have to support the status quo. A person who puts himself first, will burn out in a customer service job where altruistic motivation is more valued. An employee who is highly receptive to new ideas won’t fare well in a position that demands adherence to a standard process.

A motivational assessment gives you a reliable picture of what situations are best for any job candidate.

Behavior is easy to assess. If you’ve been in talent management or training for a while, you’re probably pretty good at determining a person’s way of doing things without an assessment and through good interview questions.

Motivation, however, is deeper and you’ll need a sophisticated assessment instrument to divine it.

Motivation as a metric goes back to the work of Eduard Spranger who identified six types of motivation: theoretical, utilitarian, aesthetic, social, individualistic and traditional. Today’s motivational assessments adapt this taxonomy with more workplace-specific terms.

First Step: Assess the Job

Knowing a person’s motivational make-up won’t help if you don’t know the motivational realities of your organization and the specific jobs. So, it’s important to document the chemistry of your company first.

What is the work environment like? What are the workday demands — strict office hours, telecommute, work from the field? What are the job categories? People focused? Process focused? Creative driven or analytical?

Doing this homework will allow assessments to work as talent matchmakers.

“At Volvo, we interviewed a lot of senior buyers in our purchasing group and we benchmarked what our needs are for this job,” said Nolan.

This included requirements such as working independently, working with vendors all day long, negotiating pricing, giving presentations, and being driven by metrics in working with other people.

“Once we did the interviews, we would give the assessment and it would show us how good of a match are they for the position,” said Nolan.

Wells says it’s absolutely vital to baseline the culture before assessing talent.

“In any organization there are likely pockets of success or teams that are very successful and also pockets or teams that are struggling. With a validated assessment and research process you can discern those reliable patterns, thoughts, feelings, behaviors that drive success vs. failure in those roles,” said Wells. “So, bringing those to the forefront and making them part of your selection process will help replicate that success, selection after selection, and mitigate future failures.”

Wells recommends starting with the company’s mission statement, vision statement or a competency model, then mapping out what behaviors the company rewards, ignores and punishes. And ultimately, who gets promoted.

It’s a process of defining the culture and identifying what it takes to thrive within it. Once this is known, any number of scientifically valid assessments can be used by talent professionals to dial in the optimum profile of the candidates to hire.

Finding the Right Assessment

Once an organization knows “who it is” the process of choosing an assessment can begin.

Fortunately, the assessment industry has evolved to a point where there are many accurate, reliable and powerful instruments from which to choose.

Across the board, Wells advises that there are three basic factors to always evaluate:

1) Reliability: How consistent are scores over time and across situations. If I test you today, if I test you five years from now, am I going to get roughly equivalent results?

2) Validity: How strong is this assessment result in predicting something I care about that’s going to impact my business?

3) Fairness: To what extent do individuals from protected classes perform on the assessment compared to their majority group counterparts?

Nolan has a couple of preferred assessments and both have multiscience features that include what metrics of what drives the candidate, along with a DiSC component, and have been proven over time.

It’s always been important to match employees with positions that suit their personalities. However, now it’s more of a competitive advantage than just an employee satisfaction exercise.

In the current talent market you can afford to be more selective, which will pay off in worker retention.

As younger generations redefine why we work, there’s a little more care and feeding of talent we have to accept as employers.

Matching talent with positions by motivation helps assure success on both fronts. 

Posted on December 3, 2019June 29, 2023

The 20th Nominee for the Worst Employer of 2019 Is … the Malignant Mogul

Jon Hyman The Practical Employer

The 20th (and final) nominee for the Worst Employer of 2019 is Alki David, heir to the Coca-Cola bottling fortune and owner of several media firms.

The evidence?

This week, a jury awarded over $58 million to a female employee who accused him of thrusting his pelvis into her face, simulating oral sex, moaning and zipping up his pants and walking away saying, “Thanks, M.K.”

It’s the third massive sexual abuse verdict leveled against David just this year.

In April a jury ordered David to pay another employee more than $11 million, fired after she refused to have sex with him. And in October, yet another jury awarded another employee over $5 million for allegations that David put his hands on her throat and pushed her chair into a wall, and for telling her that she needed to get supplies for his “rape room.”

For his part, David does not seem to have learned his lesson. “This trial proves that not only is the system broken. It’s in a state of emergency.”

Quite a worthy nominee to end this year’s list.

Come back one week from today, when voting will open to name this year’s Worst Employer. I have a feeling Alki David will have a very nice showing when the votes are counted.

Previous Nominees:

The 1st Nominee for the Worst Employer of 2019 Is … the Philandering Pharmacist

The 2nd Nominee for the Worst Employer of 2019 Is … the Little Rascal Racist

The 3rd Nominee for the Worst Employer of 2019 is … the Barbarous Boss

The 4th Nominee for the Worst Employer of 2019 is… the Flagrant Farmer

The 5th Nominee for the Worst Employer of 2019 is… the Fishy Fishery 

The 6th Nominee for Worst Employer of 2019 Is … the Diverse Discriminator

The 7th Nominee for Worst Employer of 2019 Is … the Disability Debaser

The 8th Nominee for the Worst Employer of 2019 Is … the Lascivious Leader

The 9th Nominee for the Worst Employer of 2019 Is … the Fertile Firing

The 10th Nominee for Worst Employer of 2019 Is … the Exorcising Employee

The 11th Nominee for the Worst Employer of 2019 Is … the ****y Supervisor

The 12th Nominee for the Worst Employer of 2019 Is … the Disguised Doctor

The 13th Nominee for the Worst Employer of 2019 Is … the Excoriating Executives
The 14th Nominee for the Worst Employer of 2019 Is … the Horrible Harasser
The 15th Nominee For The ‘Worst Employer of 2019’ Is … The Disability Demoter
The 16th Nominee for the “Worst Employer of 2019” Is … the Shameful Wall Builder
The 17th Nominee for the Worst Employer of 2019 Is … the Mauling Manager
Posted on November 26, 2019June 29, 2023

Please Tell Me Why Worksite Wellness Programs Are a Waste of Time and Money

My father passed away in October 1986 from a heart attack at age 49.

That was his last in a series of major and minor cardiac events. I was 21 years old when he died. At the time I perceived my father to be old (as do most children).

Now, at age 53, it’s an odd perspective to look back at his passing and reflect on where he was in his stage of life and career and consider his outlook on the future.

Gary Cassidy

My family has a history of heart disease and my father was no exception. As an engineer for General Electric, he worked long, hard hours and traveled frequently.

Physical activity, nutrition and doctor’s visits were not high on his priority list. I call this attitude the “I feel fine so I must be fine” mentality.

He enjoyed eating the crispy skin off the Thanksgiving turkey, fat from a well-cooked steak and ladles of cream sauces — all the good-tasting stuff that was loaded with calories, fat, cholesterol and sodium.

When my father had his first heart attack, the doctors found he had extremely high blood pressure and major blockages in all four of his arteries. By that time, too much damage had been done to his heart and there was nothing they could do for him. Still, my father started eating better, took up golf, spent less time at work and focused on reducing his stress.

It’s important to remember that during my father’s lifetime, 1937 to 1986, company wellness programs did not exist. He grew up with exercise guru “The Jack LaLanne Show,” hula hoops, calisthenics, the sauna suit, vibrating belts and other early fitness trends and fad diets. Most centered on the external appearance of fitness but lacked a focus on inner fitness, the biometric and lifestyle measurements that truly determine if one is healthy.

You would think I learned something from his experience, but you’d be wrong. When I was young I felt indestructible.

I had a high metabolism and didn’t gain weight no matter what or how much I ate. The good news: I was physically active in soccer, aerobics, long-distance running, weight lifting, competitive Taekwondo and many other activities.

The bad news: my diet was significantly less than stellar. It wasn’t unusual for me to have fast food for breakfast, lunch, dinner and a late-night snack all in the same day. I inherited my father’s “I feel fine so I must be fine” mentality.

In 1993, after eight years in the Air Force, I returned to civilian life to work at a large insurance carrier, where I learned about health care claims, annual employee benefit renewals and risk management, which drive and control an employer’s health insurance costs. I began to understand that the overall health of a workforce can affect an employer’s health care costs.

I learned about the decisions that organizations must make about health insurance cost sharing, like imposing premium increases, and that employee benefits are a large part of the workforce’s total compensation. I observed how employees who do not take responsibility for their personal health can cause others who do to pay more for their own health care benefits, something that always struck me as unfair.

At age 35, I finally visited my doctor for an annual physical, and the results were not good. My total cholesterol was over 300, my HDL was low and my LDL and triglycerides were high. I was also diagnosed with hypothyroidism.

While this was an “aha!” moment, I should have seen it coming. I knew that I had a family history of high cholesterol and most men on my father’s side of the family died young from cardiac-related causes. But “I felt fine so I must be fine.”

My doctor prescribed cholesterol and thyroid medication. I began to focus on nutrition and continued to be physically active. After one year, my numbers started to improve, but even now I still have work to do. Progress, not perfection.

While conditions like these may take years to produce symptoms and can initially go unnoticed, they are still incrementally causing damage to one’s health and well-being. This is why it’s so important to focus on preventive measures to manage a disease before it has the chance to cause a major medical event.

After my father had his first heart attack, he was released from the hospital and sent home. He walked slowly so as not to raise his heart rate. One day I watched him spend 20 minutes walking up 15 steps in our house. When we lose our health it’s the simple things we take for granted that are impacted the most.

Seeing first-hand the impact of how an undiagnosed heart condition affected my father’s health helps me stayed focus on wellness. In every wellness program participant, I see someone whose life can be positively impacted.

I often reflect on what would have happened if my father’s company had a wellness program. Knowing him, he would have been one of those people who wouldn’t want to participate. Because he was too busy. Because he didn’t have the time. Because it didn’t make sense; he “felt fine.” Because he had too many other things to do. Because it was his choice how he managed his health, not the company’s.

While all of this may be true, I think that if he had participated in a wellness program, gotten his blood work done and learned about his high blood pressure and high cholesterol before he had a heart attack, he would still be here today.

So I ask you, what’s the downside of participating in a wellness program?

Gary Cassidy is the director of employee education, communication and wellness for Camden, New Jersey-based insurance broker Corporate Synergies.

Posted on November 19, 2019June 29, 2023

Avoid Political Discussions in the Workplace? Riiiiiiiight …

Jon Hyman The Practical Employer

According to a recent survey conducted by SHRM [pdf], American workers cannot hide from politics at work.

  • 42% of U.S. employees say they have personally experienced political disagreements at work
  • 44% say they have witnessed political disagreements at work
  • 34% believe that their workplace is not inclusive of differing political perspectives
  • 12% report they have personally experienced political affiliation bias or discrimination based on their political views
  • 56% state that political discussions at work have become more common over the past four years
Some will tell you that employees should avoid political discussions at work at all costs. I am not one of those people.
It’s simply not realistic to eliminate all political discourse from the workplace. Thanks to CNN, the internet and round-the-clock news cycles, politics has invaded every crevice of our existence (and it’s only going to get worse between now and 11/3/20). How can we expect employees simply to ignore conversing about these issues for the eight-plus hours a day they are at work?

Instead of banning these discussions, remind employees of your expectations regarding all workplace conversations — that they be civil, professional and respectful. And, if a co-worker violates these precepts you have the right to disengage and to go to a supervisor, management or HR to address the problem.

Political discussions need not be nasty, uncivil, or contemptuous, as long as we respect the rights of others to think differently, and hold them accountable when they fall short of this standard.

Posted on November 18, 2019June 29, 2023

Gay Man Claims He’s the Victim of Discrimination Because of His Sexual Orientation; It’s the Least of His Employer’s Problems

Wesley Wernecke, an ex-employee of New York event planning company Eventique, claims in his recently filed suit that the company intentionally alienated him, ostracized him and shut him out of the business after its CEO learned Wernecke was gay.

NBC News shares the details of the allegations in Wernecke’s lawsuit.

Wernecke had just begun to work for Eventique …when [CEO Henry Liron] David began to push him out of his role … .

A week after he was hired, Wernecke’s co-workers commented on his “girly” engagement ring. When a co-worker asked if his wife wore a similar ring, Wernecke replied that his partner, Evan, did.

From that point on, tension developed between Wernecke and his co-workers and David that had not existed before, according to the complaint.

In the interim months, the complaint alleges, Wernecke was ostracized and excluded from professional meetings and office social events, passed over for assignments with large commissions and subject to discriminatory remarks.

David … would exclude Wernecke from company lunches and frequent after-work drinks with “the fellas” in his office, the lawsuit states, and at one point, David gave an account Wernecke had been working on to another employee without consulting Wernecke.

These allegations, however, are the least of Eventique’s problems. According to Wernecke’s lawsuit, David significantly cut his salary (from $145,000 to $58,000.) David’s justification (again, according to the lawsuit): so that Wernecke’s pay would be on par with “the other females in the office.”

That’s not just an admission of sex discrimination against Wernecke, but also an admission of wage discrimination against the company’s female employees.

My advice to Eventique? Get out ahead of this issue, conduct a pay equity audit as soon as possible, and adjust salaries and wages as needed. Because if I’m a woman working at Eventique, I’m interviewing employment lawyers this week.

My gut, however, tells me that if a CEO is brazen enough to (allegedly) make those statements, he’s brazen enough to take this lawsuit head on.

Posted on November 15, 2019June 29, 2023

Workplace Dress Codes Push Fashion Forward — and Sometimes Backward

Flip-flops, board shorts and a tattered Rip Curl T-shirt. Perfect beach attire to be sure, but it’s not uncommon to see employees at companies with progressive — some may call them nonexistent — dress codes roll into the office as if it’s a day at the beach and not a 10-hour shift behind a keyboard.

Organizations still contemplate defining business casual dress codes.

While dress codes have substantially loosened over the past three decades, the area between appropriate and inappropriate apparel becomes a bit hazy. Fashion and personal style strategist Joseph Rosenfeld said that lax dress policies can result in employees consistently dressing down and misrepresenting themselves in a professional setting.

“What’s happened with business casual as a concept culturally is we chase to the lowest common denominator,” he said.

Business casual can be a safe bet in allowing employees to dress to their comfort levels and identities. By definition, business casual is just a step down from business professional. It is more casual, but doesn’t include jeans, and certainly bars shorts and an old high school gym T-shirt. Still, business casual can be a bit blurry too, depending on how well, or how poorly, a workplace communicates its do’s and don’ts when it comes to what to wear to work.

“More than 20 years later, I’m still trying to teach people that casual means leaving things to chance, and you don’t really want to leave things to chance when it comes to how you present yourself professionally,” Rosenfeld said.

dress code
Joseph Rosenfeld, co-founder of ModeDNA.

An OfficeTeam survey found that nearly 31 percent of office workers stated that they would prefer to be at a company with a business casual dress code; 27 percent favor a casual dress code or no dress code at all.

But there are limits to what passes as acceptable office attire. The survey also found that the most common dress code violations at work include wearing overly casual clothing and showing too much skin.

dress code
Megan Moran, founder, The Style Foundry.

“I find that companies with a strict business professional policy often deal with less dress code violations and a more consistent workforce. However, their employees end up feeling bored with their wardrobes and unable to express themselves and their personalities,” said Megan Moran, founder and wardrobe stylist at The Style Foundry. Although Moran also said that companies that implement a casual dress code policy may struggle with displaying a consistent company message and their employees may lose that empowered feeling that comes with business professional attire.

Workplaces should also avoid enforcing a dress code policy that is sexist or neglects traditional clothing among different cultures and religions. Failing to accommodate these aspects can put a company in legal trouble. According to the Equal Employment Opportunity Commission, Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against individuals on account of their religion, birthplace, ancestry, culture or linguistic characteristics common to a specific ethnic group.

Amy Quarton, associate professor at Maryville University in St. Louis, said managers should ask employees for their input to help draft an appropriate dress code as this could illuminate potential concerns and legal risks as well as earn support. Quarton also said that the policy should include clear guidelines and examples of what is and is not acceptable as well as established consequences. The goal is to create a dress code policy that allows all employees to express themselves through their work attire while simultaneously represent their employer’s brand in a positive way, she said.

“New and existing employees may benefit from training programs aimed at improving their cultural competencies and understanding of stereotypes, prejudice and discrimination,” Quarton said. “Employers can also establish a process that allows employees to share their concerns about the dress code. They can then work with people on an individual basis to negotiate accommodations that work for both the employer and the employee.”

Posted on November 12, 2019June 29, 2023

#MeToo Does Not Always Equal #FireHim

Jon Hyman The Practical Employer

Just because an employee complains about harassment does not mean that if the allegations are founded the employer must fire the harasser.

Consider, for example, Abbood v. Texas Health & Human Servs. Comm. (5th Cir. 11/7/19).

Amanda Abbood, an employee of the Texas Health & Human Service Commission, complained to her supervisor that a co-worker, Matt Otts, had subjected her to sexually offensive and unwelcome conduct, including comments about her figure, discussing his marital problems and describing “movies on Netflix that have a highly sexual connotation.” When confronted, Otts admitted to the misconduct, but claimed he was just joking. Instead of firing Otts, the employer reprimanded him, counseled him, reassigned him to another unit and relocated his office away from Abbood.

Four months later, however, Abbood again complained about Otts, this time that he told her he wanted to “jump her bones.” This time, the employer immediately removed Otts from the building, placed him on emergency leave, and changed the office locks. After completing its investigation, the employer then fired Otts.

Abbood’s second complaint about Otts occurred the same day as she suffered her own workplace issue. She discovered a stray dog outside the office, and used the commission’s computer database to try to locate the owner. The employer fired Abbood for the inappropriate use of its data system, in violation of its Computer Use Agreement and a Data Broker Computer Security Agreement.

Abbood, however, alleged that she was fired because of her complaints about Otts, and that the employer acted inappropriately by not firing Otts after the first harassment investigation. The 5th Circuit Court of Appeals, however, disagreed.

HHSC is not liable under Title VII if it took “prompt remedial action” once it knew of Otts’s harassment. Abbood argues that Otts should have been fired when she first reported him in August 2016, and that HHSC’s response was ineffective because he harassed her again in December. But an employer “need not impose the most severe punishment” on an offending employee, so long as the remedial action is “reasonably calculated” to end the harassment. And [t]o be reasonably calculated to end the harassment, an employer’s actions need not end the harassment instantly.” “The test … is not whether the harassment stopped but whether the action taken by the employer was reasonably calculated to end the harassment.”

Here, the record reflects that HHSC took prompt remedial action.… When … Abbood complained a second time, Otts was immediately placed on emergency leave, the office locks were changed, and he was subsequently fired. These facts demonstrate that HHSC took prompt remedial action.

An employer’s obligation in responding to a harassment complaint is to investigate and, as the court points out, take “prompt remedial action” to reasonably ensure that the harassment stops. If it doesn’t stop (as was the case here), then remedial action must become more severe (as the employee didn’t get the message the first time).
For a first instance of harassment, however, while termination is a remedial option, is is not the only remedial option. As long as the employer acts reasonably and promptly under the circumstances, a court likely will not second-guess the employer’s handling and response.
Posted on November 12, 2019June 29, 2023

McDonald’s Chief People Officer Resigns After CEO Fired for Violating Company Policy

chief people officer McDonald's

https://workforce.com/news/the-evolving-role-of-a-chief-people-officerFollowing the early November announcement that McDonald’s Chief Executive Officer Steve Easterbrook was fired after admitting to violating company policy by having a consensual relationship with an employee, Chief People Officer David Fairhurst resigned a day later.

While a company spokesman said Easterbrook’s firing and Fairhurst’s resignation are unrelated, experts contend that with such a drastic and sudden leadership change, it’s not uncommon for major shifts to occur in the C-suite.

“When the CEO leaves the company, it is very common for it to have a cascading effect. In some cases, other executives leave because they did not get the CEO job and therefore felt passed over. In other cases, they are not aligned with the new CEO and leave to pursue new opportunities,” said Dave Ramos, chief executive officer of consultancy Shiftpoints Inc., in an email. “Every executive will now have to switch their personal loyalty to Chris Kempczinski, their new CEO, or consider departing. Some of the senior executives may struggle to make this switch.”

In order to rebuild trust, Ramos said Kempczinski and the executive team must “address these issues in a humble, transparent and credible way.” The fast-food giant also stated in a press release that the “leadership transition is unrelated to the company’s operational or financial performance.”

Chicago-based McDonald’s leadership shake-up also serves as an example of how the #MeToo movement put a spotlight on the behavior of those who are in a powerful position in the workplace. Ramos said that “Easterbrook’s firing should be a red alert warning to any other executives who are violating McDonald’s no-dating policy.”

Rebecca Thornley-Gibson, a partner at law firm DMH Stallard, said that because of the amount of time colleagues spend together, it is common for personal relationships to occur. “Most of the time this won’t create issues and employers won’t interfere with the relationship,” Gibson said. “However, where there is a relationship that involves one of the individuals holding the balance of power in the workplace relationship, then conflict issues are more likely to arise.”

Gibson also said that when a relationship involves a party who is responsible for the other’s evaluations, pay reviews or promotion opportunities, then there is danger of favoritism and perceived bias. A subordinate may also feel as though they can’t say no to sexual advances from their superiors, which creates a risk of sexual harassment claims.

Relationships within the workplace aren’t illegal, but some companies implement non-fraternization policies to prevent allegations of favoritism or lawsuits stemming from unwanted advances or sexual harassment. If the situation does occur, experts say that it is best to notify a human resources director.

“Stopping relationships is not likely to be practical for employers but putting in place steps to minimize any fallout from the relationship should be considered,” said Gibson. “This will involve having in place, and communicating workplace policies on conduct at work, equality and diversity policies with a clear zero tolerance toward sexual harassment and also requiring employees to declare relationships which are likely to result in a potential conflict.”

Fairhurst had worked alongside Easterbrook for McDonald’s in the United Kingdom and was promoted to chief people officer soon after Easterbrook became CEO in 2015. No other details were provided as to why Fairhurst decided to step down when he did.

According to a Bloomberg article, Senior Vice President Mason Smoot was named as interim chief people officer.

Fairhurst announced his departure with a farewell post on LinkedIn that said although he was sad to be leaving, it was time for him to move on to his next career challenge.

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