Like anything else in life, if we do not put any focus or importance in how we treat each other, we cannot ever expect improvement.Continue reading
As business owners and HR professionals struggle to determine the new normal for their company and employees, we will collectively be leaning toward more automation like employee relations case management tools and online resources to get our day-to-day work done. Many, or even most, companies have implemented some form of HR technology in their list of tools, but generally, these tools relate to payroll, time management, and HRIS systems. In this time of layoffs, staggered rehiring, and remote workers becoming the majority, technology must also come into play for even the more people-facing functions. As you’ll see in our free employee’s guide “Plan to Return Employees to Work” 95% of HR professionals believe that How HR communicates with employees during the pandemic will have a direct impact on how effectively we will be able to return employees work, whatever that new work life looks like. Many of our current processes for ensuring employee needs and concerns are heard will not work effectively moving forward, and we need new methods now or risk losing employees and liability exposure for non-compliance.
If you haven’t yet read Josh Bersin’s newest report “Why HR Technology Matters Now More Than Ever” I would highly suggest it. In the report he states:
“When combined with the support of an expert partner, HR tech can transform a SMB. The right tools can help HR grow into a true strategic partner and help employee relations become more transparent. When a crisis hits, HR technology gives leaders the data, tools, and support they need to make decisions quickly.”
Although it is no surprise to HR that technology can streamline many processes and day-to-day functions, it isn’t often that HR tech companies talk about the importance of automating employee relations. Today’s technology options allow HR to retain the interpersonal relations, while still reducing time and ensuring consistency across the company. Let’s take a look at a serious employee relations issue, and how the scenario will play out both with and without technology.
Jane’s video call
An employee (Jane) just had a video call with her Supervisor (Sarah). During the call, Sarah’s husband entered the room and seemed to be getting something from the closet behind Sarah. Sarah asked Jane to hold on a couple of times over the course of about 5 minutes and put Jane on hold while she turned around and said something to her husband. This happened 4 or 5 times, and each time Sarah came back to the call she was giggling. The last time that Sarah asked Jane to hold on a moment, she forgot to mute the microphone and said some inappropriate things to her husband. When she returned, she realized that she had not been on mute and she said to Jane, “Oh you know, we’re typical newlyweds. Maybe we should continue the call later”. And the call was ended.
|Without Technology||With Technology|
|Jane was embarrassed and didn’t want to have to have any more conversations with her supervisor. But she didn’t think she had any choice.||Jane thought she should let someone know, so she had a decision to make. Should she report this through the employee concern line?|
|Jane decided that she would try to avoid video calls with her supervisor as much as possible. She told her supervisor that her laptop audio wasn’t working and asked if they could just do their updates by email.||Jane decided that she had to anonymously report her concerns about company video calls and asked that there be tighter rules put in place and conveyed to everyone using them. She hoped that the new rules would make her supervisor realize her error and be more careful.|
|Jane found that without these regular check-in discussions, she was missing out on critical information she needed to be successful in her job. She decided that it was time she considered a transfer to another department.||HR received the complaint, and decided not only to create a strong policy, but also to conduct some training for all staff using video calls. They also contacted Jane through the anonymous reply feature and thanked Jane for her suggestion. Jane felt good knowing she had done the right thing.|
|Within 8 weeks, Jane had heard of a similar position opening with another company and decided to leave her job.||When Jane’s supervisor attended the training and received the new policy, she considered the fact that maybe she had made a big mistake. She decided to ensure that her door was closed and locked during calls and began to approach video calls in a more professional manner.|
Using apps and software for employee communication, both the good and the bad is no longer nice to have, but something every company must have. I was recently on a webinar with Jason Averbook who very eloquently said, “We need to stop thinking the old world is coming back quickly. Stop waiting and do something.” with HR and managers must be prepared and equipped to handle these communications promptly and consistently to protect their organization. But even more importantly, this is critical to protecting the strong company culture that we have all worked so hard to establish and maintain.
If you are interested in learning more about the InvestiPro employee relations case management and investigation system schedule a brief 15-minute chat or a product demo below, or cruise around our website at investipro.com.
Race, age and sex discrimination • Wrongful termination • Retaliation • ADA accommodation violation • OSHA violations
These are just a few of the employee complaints that are increasing due to actions employers have and are taking since the COVID-19 Pandemic began. Let’s face it, we had to act fast based on Stay-at-Home mandates, and decisions were being made on the fly. Whether or not we followed our policies, this swift action is bound to have had an impact on employee perception.
According to a recently released SHRM article, “U.S. workers have filed about 5,000 coronavirus-related employee complaints of unsafe conditions and nearly 1,400 whistleblower complaints alleging they were fired or otherwise punished for raising coronavirus concerns.”
On May 7th, EEOC Chair Janet Dhillon made a public statement on preventing National Origin and Race Discrimination During the COVID-19 Outbreak due to an uptick in reports of mistreatment and harassment by Asian American workers.
And in a conversation with Joe Werner, Asst. Vice President at Nationwide Insurance, Joe stated that EPL policyholders and personnel attorneys are reporting higher than normal numbers of claims.
Worldwide, many of the activities we do as a regular part of life are now completely different than they were just a couple of months ago. Stress and anxiety are at a high level for many people. And the impact of the pandemic on our jobs and income in the future is unknown. So, it is critical that employers initiate and embrace discussions with employees about what is and is not working.
InvestiPro conducted a survey of over 9000 HR professionals in the U.S., and an astonishing 95% of them stated they believe that how HR communicates with employees right now will have a strong impact on how successful their company is at returning employees to work. And returning employees who are engaged and ready to work, whether it be from home or in the workplace, is critical to the recovery of our businesses and the economy as a whole.
Employees need to be heard. We can’t fix what we don’t know, so it is no longer enough to just assume employees will let you know when something isn’t working. It is up to HR and business leaders to provide a means for employees to bring forward their concerns and complaints. Now more than ever we need to encourage open and honest communication. Much of what is brought forth may be perception instead of reality, but perception can be just as damaging. And once we have a clear picture of how our employees feel, we can take the necessary steps to clear up misconceptions and remind our workers why they want to return to work.
Once employee concerns or complaints are received, it is crucial that they be addressed promptly. We don’t have all of the answers yet, and it is okay to admit that. But often, just knowing that they have been heard, and the matter will be addressed when appropriate, is all our employees need from us right now.
If you are looking for a way to receive, document, and resolve employee complaints and concerns in a fair and consistent manner and reduce the amount of time involved, InvestiPro can help. Learn more at Investipro.com.
There are two primary messages employers need to know regarding the EEOC suspension of case closed and right-to-sue notices.Continue reading
Written by Amanda G. Kassis
The 2019 EEOC numbers regarding workplace discrimination charges were recently released and show a 5% decrease from 2018. This is a promising improvement but don’t be so quick to let your guard down. We have a long way to go. The EEOC still reports 72,675 reported cases of discrimination (including harassment) in the last year. And that doesn’t include claims made to state agencies or through private legal counsel. So, there is still a lot of work to be done. Retaliation, sexual harassment, race, and disability are still the leading reasons for discrimination charges followed by age and national origin. So how do we improve? How do we get these number down? We work on our company culture. Make changes that lead to inclusive, respectful, unprejudiced, work environments. Implement a fair investigation process to increase the chances of every party feeling that a fair resolution can be met before resorting to litigation. And, we teach our employees the meaning and practice of civility.
Unemployment is down to 3.5% and it is changing the way people look for jobs. Job seekers are becoming more critical of the companies they want to work for, and expectations are high. With so many options available the incoming workforce is focusing more on company culture, values, and priorities. Job seekers are above all looking for a company who puts their people first.
Hello Heart reports than half of U.S. employers have implemented wellness programs to meet a growing demand that has emerged from employees who are prioritizing their mental and physical health. To sustain a healthy culture, employers need to be actively listening to employees about what it’s like to work for their company, and what they’re experiencing. It is also important to be aware of how communication is changing. Many companies are implementing online portals where disputes can be worked out or complaints can be lodged. The younger generation of employees may be more inclined to deal with conflict though these resources, rather than in person.
It’s all about the people. Foster relationships with your employees as you would with any other important relationship in your life. Create a trusting rapport with your employees. You want them to feel like they can go to their HR team in times of turmoil and be treated fairly and with compassion. They want to feel appreciated and listened to. Employees want to know that even their smallest concerns are being addressed and taken seriously. As Aretha Franklin once so eloquently put it, it’s all about R-E-S-P-E-C-T. Create a respectful environment and, most importantly, model the behaviors you want to see. Most often good patterns of behavior start at the top. Employees will look to management to see how they are expected to act and handle conflict. And the difficult but most important part, hold yourself and others accountable for their actions and communications. Don’t be afraid to admit where your company is lacking, make an effort to change it, and be transparent about the process with your employees.
A company’s culture is the sum of many parts and is ever changing and growing. Employees spend a large amount of their lives at work, so do your best to create a place they can enjoy and feel safe. If we can create a culture within our companies that doesn’t just respect but celebrates people for their unique and diverse backgrounds and experiences, not only will business thrive but it is without doubt that we can continue to drive discrimination out of the workplace.
If you want to review the amount and types of cases prevalent in your state you can find it here.
See how InvestiPro can simplify your workplace investigation process. Book a demo today!
According to an article in Bloomberg Law, (Article: Surge in Outside Workplace Investigations in #MeToo Milieuir) there has been a surge in the number or workplace investigations being conducted by third-party investigators. Along with the high level, high dollar cases we read about in the news, these are the cases that are easily measurable. The article quotes Amy Oppenheimer, Law Offices of Amy Oppenheimer, as saying that “only about five out of 100 claims rise to a high level of seriousness.” So, what about the other 95%?
Employers are required to investigate all claims. But more than that, they must investigate any time they become aware that harassment, discrimination or bullying are taking place in the workplace. Even if no one has come forward to complain. At an average cost of $8,000 – $20,000 per investigation for outsourcing to an attorney or investigator, and an average of 1 investigation per 50 employees per year, an employer with 1000 employees could spend $200,000 per year on outsourcing their investigations. This sounds like a significant expense, until you consider the cost of a claim if one investigation is not handled properly.
Most HR professionals know the answer to this ongoing problem. Companies must have a consistent, compliant and thorough investigation process in place for conducting these investigations in-house. And when you ask them, the first response is that they do have a sound process in place. But when digging a bit further, the majority will say that the process is inconsistent as there are several people who conduct the investigations and they all have their own way of doing things. Or, that their process relies heavily on emails, hand-written notes, and questions that are developed on the fly. So we ask, “18-months from now when you get a notice from the EEOC or state employment agency, do you feel you could adequately defend the investigation you conducted?” The answer is generally not a feeling of confidence.
There is a better alternative available that makes it much easier to prove a consistent and complaint investigation process. InvestiPro, as mentioned in Bloomberg Law, is the first automated investigation solution. Schedule a demo and spend a few minutes learning how technology can help you have confidence in your workplace investigations.
There are several reasons why HR professionals say they don’t need an HR investigation software, but there are a few that I hear time and time again. You may even find yourself using one or more of the reasons below. And that’s understandable with all the new technologies entering the HR marketplace today. As a 25- year HR professional myself, I used to feel the same way. But before you reply on the same old responses, it may be worth looking a bit deeper.
Let’s look at the 5 reasons “why we don’t need HR investigation software” that I hear most often.
- We have a team of HR people who conduct our investigations. They all have experience and like to do things their own way. They’d be resistant to being told how to do their investigations.
- Good HR investigators have developed special skills such as how to draw out information from someone who doesn’t want to talk. Or, how to know when someone is lying. But no matter how strong your investigators are, using different skills and techniques can result in challenges when it comes to proving that your investigation process (or processes) are consistent and unbiased.
- Every investigation is different and needs to be handled according to the situation. Investigation technology is too rigid to allow us to handle each investigation accordingly.
- If you have ever had to defend your investigation process in response to a discrimination or harassment claim with the EEOC or a state agency, then you understand the fine line between having an effective, repeatable investigation process and using your process to obtain the information needed across all types of investigations. An automated investigation platform makes it easy to prove that a consistent process is used every time by not leaving any step to chance. For example, core questions are used to begin every interview ensuring an unbiased approach with every witness. While inserting clarifying questions based on responses allows you to dig in to obtain the responses you need to make a fair determination.
- Investigations are time consuming enough without complicating the process with pre-determined steps and requirements.
- No matter how you conduct your investigations, the time required can be very taxing on your staff. And if you’re a solo HR practitioner, it can really impact your schedule. When asked approximately how many hours it takes to conduct an investigation, responses were all over the board. But one thing was very consistent. When asked to provide a time estimate that included preparing for the investigation, converting notes to readable testimony, and writing the final report, the time estimates almost always doubled. An automated process can be very simple to use and reduces redundant data entry, time spent creating notices to investigation participants, and final reports are generated for you, reducing time by up to 40%.
- We have an attorney who we consult with on our investigations, so we’re pretty sure that we can defend our determinations and practices.
- It is always important to have good legal counsel to provide you with guidance on appropriate corrective actions, especially in the case of a termination resulting from an investigation. But your attorney cannot be there every step of the way during the investigation itself. If your attorney participates in conducting the investigation, he or she is not able to represent you should litigation ensue, due to the potential of being called as a material witness to the case. For that reason, automated investigation technology allows for your attorney to participate in an advisory role, while the technology itself provides the built-in compliance measures needed to protect you from exposure during every step of the investigation. Most attorneys appreciate the protections that technology provides for their clients.
- I understand the benefits from this type of technology and how it could be useful, but it’s not at the top of our priority list. We just don’t have a need for it yet.
- The two items that are most often on the top of the HR priority list are talent acquisition and employee performance/engagement. And rightly so. When you are struggling to fill positions as we are in the current economy, productivity slows down making it of utmost importance to fill those open positions. Especially if current staff is not working to their fullest potential. But when you flip the coin and look at these issues from a proactive rather than reactive position, it becomes clear that cultural improvement through civility and communication can improve retention and build employee trust in their managers, peer and leaders. Studies show that employees who feel appreciated and respected, stay longer and work harder. These foundational begin with accountability for all staff, in all positions, throughout the company. And if waiting results in even one claim of harassment, discrimination or retaliation, hesitation can be very costly.
If you are ready to take a new look at how technology can standardize your investigation process, save you time and money, and ensure a consistent, defensible outcome to your investigations, schedule a demo at https://investipro.com/get-started/.
For more helpful tips follow the HR Investigator’s Blog.
In this time of daily reports of long term patterns of sexual harassment in the workplace, I have spoken to many HR professionals who feel they are walking a tightrope. On one hand, they are in support of employees bringing forth harassment issues to be dealt with appropriately. And on the other, having several employees bringing forth complaints all at once is not good for the company culture or reputation. Not to mention the amount of time and effort it takes to conduct multiple workplace investigations all at the same time. So, most are remaining silent. They’re not supporting the #MeToo groups, nor are they initiating talks with managers and executives about bringing open discussion out to the workforce. As a professional who worked directly with employee relations and investigations for a couple of decades, it is my opinion that to make a real impact, not just in the media but inside our organizations large and small, it is time for HR to support protections for those who come forward in good faith to disbar their fears of reporting these incidents. #NoRetaliation.
As we all know, until an issue has been investigated, we really do not know what happened or whether a law or even a conduct violation has been committed. Often when conducting an investigation, the doors to frank conversations are opened, and issues can be resolved by just allowing an offended employee to be heard. And sometimes the actions are severe enough to warrant termination. But we can’t investigate until we know there are problems. And we won’t know there are problems until employees feel safe enough to talk about the issues. And employees won’t feel safe until HR takes a stand that any employee bringing up these issues or incidents in good faith will NOT face poor treatment, reduced promotional opportunities or lose their job. #NoRetaliation.
For many years, both women and men who have been subject to harassment on the job, have kept quiet. They have continued to work, in the job where the offense happened or another job. But the impact of the harassment does not go away. It festers. It impacts their daily work life and their ability to engage with their co-workers and managers. And when the employee does decide to come forward, it has historically been by filing a lawsuit. But that is beginning to change. As we have heard in the news, even just this week with the news of the firing of Matt Lauer of the Today show, employees are beginning got feel empowered to come forward, simply asking that the company take the right steps and hold these people accountable for their actions. The victimized employees generally keep the incident to themselves until something triggers them to come forward. HR can be that trigger. HR needs to be that trigger in order to begin to see change. #NoRetaliation.
As the CEO of a company that provides an online platform for workplace investigations, I spend the majority of my work day talking with HR professionals about Sexual Harassment claims, reports, investigations and prevention methods. I am constantly surprised by the number of HR professionals that state there has never been any form of harassment in their workplace. Or that their company has never had the need to conduct an investigation. Sometimes these are companies with 100 employees and sometimes they are companies with several thousand employees. But recent statistics tell us that approximately 75% percent of women and 20 percent of men have experienced harassment on the job. And most incidents are never reported. Yes, some industries are more likely than others to have a high claim rate. But if you have employees, and you have no conversations with employees regarding potential harassment in the workplace, you are likely missing something. #No Retaliation.
You may be asking, “What can I do that will make a difference?” Join us in the movement for #NoRetaliation by taking the following steps:
Human Resources Professionals: Start spreading the word within your organization that you welcome open discussions about any potential harassment taking place. That employees at any level are encouraged to come forward and make a difference. Work with your EAP to allow for private counseling or coaching on how to deal with past incidents. Put up posters, initiate a hotline or email reporting outlet, and add brief discussions into all staff meetings for a quick review of conduct expectations. Make clear statements about what harassment behaviors look like. Provide monthly discussion groups that brainstorm ways to prevent incorrect behaviors within the organization and allow for early intervention. And make it well know that you stand for #NoRetaliation.
Managers and Executives: Show in both your speech and actions that you support the company “Zero Tolerance for Harassment” policies and will hold people accountable for their actions. Partner with HR to actively develop a means of open communication that fits within your company culture. Provide opportunities for your direct reports to talk about what is and is not working in the workplace. Take action early when made aware of any misconduct. And make it well know that you stand for #NoRetaliation.
Employee: You must be willing to bring issues to management in order to stop harassing behaviors. This includes observances of others being harassed. You can encourage others to do the same. Remember, if you or another employee is being harassed, chances are that you are not the first or last. It is time take back our workplace and create a better work day for everyone. #No Retaliation.
I appreciate all of the victims out there that have come forward.
I appreciate all of the companies that have and are standing up to protect their workers from harassment.
I appreciate those who have admitted to their past poor conduct, are apologizing and getting help.
And I appreciate you for choosing to now be a part of the solution moving forward by encouraging open communication and reporting of harassment in the workplace with #NoRetaliation!
In work, as in life, it is often the little things that matter. Let’s face it, life isn’t perfect. And although we all try not to bring our personal lives into the workplace, there are times when it just can’t be helped. As HR professionals, we are often aware of employee’s personal situations when no one else in the company knows. For privacy reasons, we are required to keep it that way. But it’s important to remember that while keeping the workplace fair and compliant, we can also help keep the workplace human and do something good.Continue reading
Any employee who feels he/she has been discriminated against or harassed can file a complaint against her employer with the Federal Equal Employment Opportunity Commission (EEOC) or State Fair Employment Office. Whether or not the complaint has merit, the employer must then spend time, effort, and often money to defend their position. Knowing what steps to take can help an employer show cooperation, while positioning themselves for defense if needed.
Once the EEOC receives a complaint, the employer will be notified by letter within 10 days. The letter does not imply findings against the employer. Rather, it is the first step the EEOC will use to determine whether there is reasonable cause to believe a violation has occurred. The letter will request a “Statement of Position” from the employer. This document is where the employer tells their side of the story. However, the information provided may be used for or against you. Therefore, there are three things to consider before submitting your position statement:
- If you have an attorney, it may be wise to notify him or her of the complaint and ask for a review of the position statement prior to sending it to the EEOC.
- If you have an Employer Professional Liability policy (EPL), chances are it requires you to contact the carrier prior to submitting the position statement.
- You must report only the facts. These facts will need to be verifiable, and opinion is not advised.
If you do not have or choose not to contact your attorney, I highly suggest reviewing the EEOC resource guide on effective position statements.
Next, the EEOC follows up with a formal Request for Information. The RFI may ask the employer to submit policies, the charging employee’s personnel files, the personnel files of other individuals and other relevant information, such as proof of training and contact information for potential witnesses. The EEOC may also request a visit to the workplace to view evidence and interview potential witnesses. Although this can speed up the information gathering process, it can also be disruptive to the company and create an over-exposure of facts. If the EEOC does not come on-site, they will likely still contact employees who may have pertinent information or may be witnesses to the case. They have the right to do this with non-management employees without the employer’s knowledge or permission.
It is important to provide all information requested by the deadline provided. In the case of unforeseen circumstances that make it impossible to meet the submission date, an extension must be requested from the EEOC Investigator. Once submitted, the EEOC will review the information to determine whether the complaint merits further action. One or more of the following actions will then take place.
- A Dismissal and Notice of Rights will inform the employee that the EEOC has dismissed the case, yet she still has the right to file a lawsuit with the federal court within 90 days.
- A Letter of Determination will state that there is reasonable cause to believe that discrimination/harassment has occurred and invite the parties to join the agency in seeking to resolve the charge through an informal process known as conciliation.
- If conciliation fails, the EEOC has the authority to enforce violations of its statutes by filing a lawsuit in federal court on behalf of the employee or issuing the employee a Notice of Right to Sue, and she may file a lawsuit in federal court within 90 days.
Although this process can be a time burden, preparing ahead by conducting and documenting prompt, thorough and impartial investigations can put a quick end to the fact-finding process, and limit liability exposure. InvestiPro can help. See our demo at www.goinvestiPro.com.