Employee Relations and Workplace Ethics Exam 2

Eliminate Employee Irritants

-Physical and mental work environment detractions: poor lighting, worn out mats, missing tools, poor seating at PC, unclean restrooms, temperature in work space ..... -Lack of follow through on commitments and responses to questions may be one of the biggest irritants -Proper training - Safety, Job, Career -Lack of involvement -Favoritism and discrimination

1. Online shopping 2. personal searches 3. personal email 4. online chatting 5. viewing online news sites 6. streaming sports broadcast 7. playing games 8. social networking 9. online gambling 10. porn

Misuse of company computers

drug and alcohol testing of safety-sensitive transportation employees in aviation, trucking, railroads, mass transit, pipelines and other transportation industries

The Omnibus Transportation Employee Testing Act of 1991 requires what

federal contractors and requires drug free workplace policies but does not mandate employee drug testing.

The federal Drug-Free Workplace Act of 1988 applies to

•Quid pro quo (Latin for "this for that" or "something for something") •Hostile work environment

The two forms of sexual harassment are:

In the federal employment and legal context, illegal harassment is defined as unwelcome verbal or physical conduct or actions—based on: -race, religion, sex, national origin, age, disability, genetic information, military membership or veteran status -And is severe or pervasive enough to create a hostile, abusive or intimidating work environment for a reasonable person. -Severe, pervasive and persistent conduct that unreasonably interferes with an employee's work performance or creates an intimidating, hostile, or offensive work environment. -An occurrence when an employee's status or benefits are directly affected by the harassing conduct of a manager or person of authority. -Adverse employment actions (retaliation) against employees who complained of harassment or discrimination or who participate in a complaint procedure.

What Is Illegal Harassment?

FALSE: they MAY

Under federal law, an employer may not conduct unannounced monitoring of business-related calls but must immediately stop monitoring when it realizes the call is personal. (True or False)

1. Obtain, use or share any information maintained by a group health plan in connection with employment-related functions (such as drug testing). 2. Continue to collect and use health information in connection with such programs

Under medical privacy provisions of the Health Insurance Portability and Accountability Act (HIPAA), an employer may not:

alcoholism may be a covered disability. However, alcoholic employees may be held to the same standards as other employees, even if unsatisfactory performance is caused by the alcoholism.

Under the Americans with Disabilities Act (ADA)

• Personal appearance • Declining quality of work. • Dependability • Declining attitude • Judgment

Warning signs of substance abuse

American workers spend a substantial amount of time each workweek intentionally doing nothing productive.

Wasted Time

•Unwelcome sexual advances •Requests for sexual favors •Other verbal or physical conduct of a sexual nature that affects an individual's employment, unreasonably interferes with his or her work performance, or creates an intimidating, hostile or offensive work environment.

What Is Sexual Harassment?

•Accommodations—religious and medical •FMLA leave for a serious health condition for the employee or his or her spouse, child or parent; birth or adoption of child; qualified exigency and service member caregiver leave •Significant changes to job duties •Demotions •Promotions •Work/life balance matters, such as telecommuting •Harassment claims •Final written warning •Egregious code of conduct or policy violations •Layoffs •Terminations

When to Consult with HR

-Individual or individuals targeted by statements or actions. -Bystanders or witnesses not directly targeted.

Who can be a victim of sexual harassment?

-Employees at all levels. -Customers or vendors. -Members of the same sex or opposite sex.

Who can commit sexual harassment?

*Individual factors *Issue-specific factors *Environmental factors *Pressure to succeed *afraid to speak up *Managers se bad examples *No policy/no reporting

Why do employees behave unethically

•Establishes a record of employment actions taken and the reasons for the actions. •Things change: Memories fail, managers move on and other circumstances change. •Informs employees of what is expected of them and the consequences if they do not meet expectations. •No surprises! •From a performance management standpoint, it serves as a written record to guide both the employer's and the employee's future behavior. •It gives the employee the opportunity to improve. •Evidence •Brings about fair and equitable treatment.

Why is Documentation Important?

*Demonstrates a company's values *Provide guidelines for behavior *Act within the law *Increases employee morale *Measure employee success

Why is a code of conduct important

-Uncertainty -Risk -Relationships -Emotions -Conflict

Why was this conversation difficult?

-Discussing concerns about someone's performance or attitude -Addressing micro-aggressions or stereotyping behavior -Confronting someone "in the moment" -Holding someone accountable if they do not follow through -Discussing a pattern of problematic behavior -Feeling discounted, disrespected -Trying to find out where you stand with someone who is hard to read -Asking for assistance, admitting failure -Apologizing

Work-related Difficult Conversations

*Help prevent the hiring of illegal substance abusers when pre-employment drug testing is required. • Help deter current employees from on-the-job substance abuse • Provide assistance in helping employees recover from abuse. • Provide a safer workplace for all employees and customers. • Reduce workers' compensation premiums.

identifying and responding to substance abuse:

Workplace Bullying

repeated mistreatment of one or more employees using humiliation, intimidation and denigration of performance. -Bullying behavior can exist at any level of an organization. -Bullies can be superiors, subordinates, co-workers and colleagues. Examples of workplace bullying include: •Verbal abuse and profanity. •Humiliation. •Constant criticism or teasing. •Gossip. •Stealing the credit for work performed by the victim. •Personal and professional denigration.

A growing problem in the workplace is the misuse of computers, copiers, phones, and other equipment.

Misuse of Technology

Neither the ADA nor the Rehabilitation Act of 1973

what protects current users of illegal drugs

Review & Update policies, guideline, procedures and handbooks

•Establish cross functional teams and discuss compliance to all policies and the importance of integrity and ethical conduct between all associates

Types of Documentation

•Handwritten or typed notes from coaching and counseling sessions with employees. •Follow-up email summarizing a performance discussion meeting. •Written comments including specific examples in performance reviews. •Disciplinary actions, such as warning documents with specific examples and consequences. •Handwritten or typed explanations with business reasons for employment actions such as demotions, promotions and layoffs.

Employee Recognition Programs

-Associate recognition, who and why! -Allow a cross section of employees to develop the program -Ex.: Attendance Programs, Recognizing Wins, Quarterly Lunches, Service Awards, Safety Awards Programs -Recognition and Empowerment -Employees want and need to be involved

Checking for Successes

-Audit the successes or opportunities to improve these points annually and let's hear about those successes !!! Ex.: Due to the direct efforts of Safety Committees, our company has greatly reduced recordable injuries

Summary

-Documentation is important for both the employer and the employee. -Good documentation answers the questions who, what, where, and when. -Document early. Do not wait. -Discussion without documentation equals misunderstandings. -Discuss and document only the facts. -Give specific examples for how the employee is not meeting expectations and specific guidance for how the employee can improve. -Always consult with HR about matters concerning FMLA, ADA, work/life balance, harassment claims, final warnings and terminations. -Ask the employee to sign documentation of disciplinary actions. -Give a copy of the disciplinary action to HR and the employee. -Discuss any issues arising from the meeting with HR.

Social Programs

-If associate participation is low, look for the cause, are you meeting employee/family needs -Does this program benefit the associates? -Employee involvement teams can recommend programs they would like to see

Getting Started

-Make plans / ask permission to talk with other -Use "I" statements -I wanted to talk with you about __________ because__(why is it important)__ -Describe observable behavior "I saw, noticed, heard...." -Name feelings/ states of mind "I was confused, surprised, uncertain" -Share your thoughts as a hypothesis. And I wondered if __________ -"How do you see the situation?" Show you understand. Validate both perspectives. -Listen, listen, listen

Preparations

-Name your feelings; why do you have them? Appropriate to situation? -Recognize there is more to learn about "what happened". -Avoid assigning "Right" and "Wrong", pointing blame. Think "Win-Win". -Focus on what is important; not what is accurate. -Don't assume you know the other's intentions. -Recognize ways you have contributed to the problem by action or inaction. -Consider the risks to having the conversation, and the consequences to not having the conversation. -Don't decide upon a solution -you don't know enough yet. -Plan your opening well; but do NOT script the encounter.

Leadership Training

-Participative management -Workplace compliance/legal .... SAFETY -Leadership/Coaching -Human Resource Training for all managers -Financial acumen

Types of ethical violations

1.Employee Theft 2.Wasted Time 3.Misuse of Technology 4. Disclosure of Confidential Information

Agenda

1.Types of documentation 2.Reasons documentation is important 3.Effective vs ineffective documentation 4.Implications of not documenting 5.Employment actions that require documentation 6.When to consult with HR 7.What and how to document

1.Verbal and Published Commitment 2.Elimination of Irritants 3.Structured Communications 4.Policy Review, Updates and Compliance 5.Right of Employee Review Procedure 6.Competitive Wages and Benefits 7.Management Training 8.Structured Employee Recognition 9.Responsible and Effective Social Programming 10.Annual Audits

10 Practices Leading to an Issue Free Workplace

1.Describe company expectations. •Clearly state what the job description or the company policies require. 2.Describe the behavior or performance that must change (or that you want to continue). •Describe the conduct, not the individual. 3.Include the employee's explanation for why expectations aren't being met. •Having a two-way conversation shows the manager's attempt to be fair and learn how to help the individual. 4.Prepare a detailed action plan that the employee should use to improve performance. Include specific steps the employee will take to improve and what you will do to help. Be realistic. Focus on a few key areas. 5.Set deadlines for correcting the behavior or performance. •Be specific, say, "We expect your report will be turned in by 5 p.m. tomorrow." 6.Describe the consequences if the behavior or poor performance continues. 7.Avoid vague phrases that could provide grounds for discrimination lawsuits. •Don't terminate someone for a "bad attitude" or because he isn't a good "culture fit."

Attorney Allison West provides seven rules for creating "bulletproof" documentation:

Despite their acknowledgement of employer monitoring and surveillance policies, employees often question whether employers have a legal right to invade what they regard as their right to privacy

Can an employer monitor an employee

-Race/color -Religion -Antagonized or ridiculed -Preaching or imposing -Employers must reasonably accommodate an employee's sincerely held religious practices unless doing so would impose an undue hardship on their business. -National Origin -Age -Disability -Genetic information -Military or veteran status

Categories of Harassment (Other Than Sexual Harassment)

-Verbal and published commitment to ALL employees by the entire management/leadership team -Reduces stress, dissatisfaction and confusion amongst associates -Demonstrates an open positive culture

Commitment to provide an issue free workplace

•Begin vague. "bad behavior" •Focusing on the employee's intent (as opposed to results). •Focusing on the perceived cause of a performance problem as opposed to the problem itself. (i.e. don't diagnose) •Including everything an employee has ever done wrong/overkill. •Using technical rather than plain language. •Failing to make clear the consequences of lack of improvement. •Apologizing

Common disciplinary documentation mistakes include:

-Review local employer association and internal survey material -Convert total cost of benefits and direct pay benefits and express as an hourly rate to communicate the total value of company's financial package to associates -Share information ... no surprises -Regularly communicate (examples) -Bonuses... reminders of what it is and why we do it and how each employee can impact -Medical benefit cost ... how much we pay and what the company's overall medical costs are -Company's benefit strategy (cost sharing too...ex 75/25)

Competitive Wages & Benefits

*Under federal law, an employer may conduct unannounced monitoring of business-related calls but must immediately stop monitoring when it realizes the call is personal *They may also monitor Internet use, such as the various websites the employee may access. *Employees who perform word processing or data entry may have their keystroke speed and volume monitored. *Employers may also keep track of the amount of time an employee spends away from the computer.

Computer Use:

For many companies, all their value is in the form of information, and information can be easy to lose. Sometimes, the most costly employee lapse can be a failure to protect con dential information. Many companies are in a constant race with competitors to secure patents or develop software. Many other companies have legal obligations to keep customers' nancial, medical, or educational data secure.

Disclosure of Confidential Information

FMLA may cover it

Does FMLA cover substance abuse

- leading cause of lost of production due to employee sick time -a primary cause of employee accidents and injuries -has a dramatic effect on employee turnover -drives up the cost of insurance that companies provide to their employees

Drug & alcohol abuse is...

-Don't take anything personally. -Refocus on purpose if side-tracked. -Re-center as needed. -Respect self, respect other, respect situation -Remain calm, tempered and open -Observe your feelings. Separating feelings from actions. -Be sincere. This is not a strategy to manipulate the other. -See as part of longer dialogue.

During the conversation

*E-mail systems used in organizations have no privacy protections because the employers own the systems and are allowed to review their contents. *Messages sent within organizations and those sent from an employee's computer externally are subject to monitoring *Web-based systems such as Hotmail and Gmail as well as instant messaging may also be monitored. *should have a written policy

E-mail use

Sexual Harassment Judgments

EEOC remedies for a sexual harassment or sex discrimination complaint may include: •Job reinstatement. •Back pay and benefits the victim should have earned. •Compensatory damages (paying for out-of-pocket expenses). •Punitive damages. •Liquidated damages (in sex-based wage discrimination) equal to the amount of back pay awarded to the victim.

Employee Theft

Each year, employee theft costs the average U.S. retail store more money than shoplifting does. *Employees have easy access to merchandise. *But also steal other items *Serious infraction

•The employer's expectation •How the employee has failed to meet that expectation •Prior counseling or discipline •The employer's expectations for the employee going forward •The consequences of the employee's failure to make the requisite improvement

Effective documentation will generally include:

- preventing and resolving problems involving individuals which arise out of or affect work situations, and -creating strong relationships between the employer and employees. -Advice is provided to supervisors on how to correct poor performance and employee misconduct.

Employee Relations is concerned with

•preventing and resolving problems involving individuals which arise out of or affect work situations, and •creating strong relationships between the employer and employees. •Advice is provided to supervisors on how to correct poor performance and employee misconduct.

Employee Relations is concerned with:

-A sound, formal, responsive procedure that allows employees to protest adverse action against them without fear of reprisal -Examples: Performance standards, disciplinary system, complaints against management. -Harassment and discrimination -Employee right to review must have clearly defined paths ... in addition to "Open Door". Some other options: -Alternate Dispute Resolution Process -Peer Review Teams -Clearly defined procedure for path of chain of command for "Open Door" -Ex.: From Supervisor, Manager, HR and Manager at top at location -Associates may skip steps if they wish

Ensure Right of Review Process Established

Enforce the code of conduct

Environmental factors

-Provides fair and consistent treatment to all employees so they will be committed to their jobs and loyal to the company. -Aims to prevent and resolve problems arising from situations at work. -Are deliberate plans companies use to help them gain and maintain a competitive edge in the marketplace. -Focus on issues affecting employees, such as pay and benefits, supporting work-life balance, and safe working conditions. -Consider employees as stakeholders in the business. -Stakeholders are people who are committed, financially or otherwise, to a company and are affected by its success or failure.

Excellent Employee Relations

out of 57.4 million, 74.4% were employed

How many adult binge drinkers were employed

out of 16.6 million, 74.9% were employed

How many adult heavy drinkers were employed

19.3 million U.S adults and 12.9 million (66.6%) of those people worked

How many adults were users of illicit drugs in the recent year

one day

How many days do employees waste each week

7%

How many employees reported observing substances abuse on the job

full-time: 8% part-time 11.5%

How many full-time and part- time workers were using illicit drugs

*leadership *training *Reinforce Consequences for Unethical Behavior *Reporting Mechanism *Show Employees Appreciation *Create Checks and Balances *Hire for Values *Create a Code of Conduct

How to reduce unethical behavior

-As used in this presentation, the term "harassment" refers to the illegal form of discrimination. -Employees may say they are being harassed, however, when they are subjected to inappropriate conduct or behavior that is not illegal but that is unacceptable in the workplace. -This may often be described as "workplace bullying," though bullying techniques can also be used against employees based on their legally protected status. -While all harassment is not illegal, no form of harassment should be acceptable in the workplace.

Illegal Harassment Versus Inappropriate Conduct or Behavior

These guidelines help to provide a focus on the activities that should cultivate an empowered culture. -Constantly reviewing, updating and communicating helps to maintain a proactive stance. -It builds trust and creates avenues for support and knowledge, helps to provide tools and resources

Impact on Workforce

Use selections test to hire employees less inclined to unethical behavior

Individual factors

-Goal is to learn -Confront uncertainty -Embrace challenges -Failure provides information -Feedback is about current capabilities

Instead, approach as a "Learning Conversation"

Link unethical behavior to harm it causes

Issue-specific factors

Changes purpose to shared understanding: -Explore how each of us understand the situation and why -Share other's the impact, seek to understand other's intent -Learn of my impact; share my intent -Understand how we both contributed to the situation -Understand larger context contributors -Acknowledge feelings without judgement or attribution -Respect self, respect other, respect situation -Increases possibility of joint problem solving

Learning Conversations

-We assign our own perceptions, interpretations, self-image, values and importance to our experiences. -If we perceive something we value is at stake, this triggers uncomfortable emotions and stress. -We are not well-practiced at communicating in times of high emotion -Difficult conversations are about something important and thus have feelings at their core. Otherwise, they would not be difficult!

Making sense of it...

-Persuade I am right -Prove a point -Let them know what they did wrong -Assign blame -Give them a piece of our mind -Get them to do what we want; what we think is right

Our purpose tends to be:

*"Friending" and employee online *linkedIn recommendation

Privacy & social media

1. Talk to the employee about our substance abuse policy. 2. Keep track of employee work performance and document any change. 3. Discuss with the employee specifics of unsatisfactory job performance, communicate expectations and discuss consequences. At this stage, do not make accusations of drug or alcohol abuse specifically as this could violate the ADA. 4. Discuss observations with HR if you detect obvious signs of substance abuse, and consider sending the employee for testing. 5. Follow up with appropriate support such as a referral to the employee assistance program (EAP). Have the EAP maintain contact with the employee, and request documentation of meeting attendance.

Role of the supervisor

No comprehensive federal law regulates or prohibits testing by private employers. • State and local statutes may limit or prohibit workplace testing.

Specifically on substance abuse testing:

Hostile Work Environment

Speech or conduct that is severe and/or pervasive enough to create an abusive or hostile work environment. Also covers explicit or suggestive items that are e-mailed, texted, electronically provided or displayed in the workplace that interfere with job performance or that create an abusive or hostile work environment.

-Provide means for: -Voicing of employee issues -Scheduled and regular employee roundtables, voice committees or speakeasies. Rotating attendees is recommended. -Management sharing honest direct results with associates even if the answer is NO. Provide a meaningful flow of information -Regular state of the business communication sessions -Department meetings with coordinated agendas -Daily "start-up" meetings where possible -Advance notification when possible of visitors (who they are, who they represent and why they are visiting). Introduce them to employees making their products or providing them service! Provide communication plan for: -Department to Department -Shift to Shift -Team to Team -Supervisor to Supervisor -Mediate conflicts to positive end. Encourage problem-solving teams.

Structured Communication Process

33.4% not employed 66.6% employed

Substance use at work

* employers monitor calls with customer for quality- control purposes.

Telephone monitoring

What and How to DocumentFor general attendance and performance concerns, and minor policy violations: •Follow the company discipline policy. •Start early. Make it a habit to discuss an employee's performance with the employee continuously as part of the performance management process. This includes positive and negative feedback. •Do not wait, hoping issues will improve. They usually do not. •Document only the facts, not subjective judgments or conclusions. •Be thorough. Ask yourself, if people outside the organization read the documentation, would they understand the situation and the impact it had on other employees or the company? Or is there too much company jargon and too many assumptions in the documentation? •Make notes in writing. Include when (date and time), who was present, what was discussed, the employee's response, and the outcome, including a date for a follow-up meeting. For formal written warnings: •Use company warning templates. •Cite examples of how the employee has not met performance or attendance expectations. •Give specific guidance for improving performance or attendance. •Describe the consequences of continued failure to meet expectations. •Have a face-to-face discussion (whenever possible) with the employee and review the warning document in detail. For formal written warnings (cont.): •Have the employee sign the warning to acknowledge the discussion and confirm the receipt and understanding of the document. •Document the discussion from the discipline meeting in writing and attach to the warning document. •Give a copy of the warning documents to HR. •Discuss any issues that came up during the discipline meeting with HR.

What and How to Document

Another form of employee theft

What can wasted time be looked at as

Company computers

What do companies describe as their biggest problem as the misuse

1. medical information 2. employee tests (background, drug, assessment, credit) "private and personal information

What is private in the workplace

1.Know and comply with company policy and procedures. 2.Immediately report to human resources any complaint that you receive from your employees or incidents that you witness involving other supervisors or employees. 3.In handling sexual harassment complaints from your employees: •Demonstrate your willingness to hear and objectively discuss complaints. •Inform the employee that you must report all complaints to HR. •Tell the employee that confidentiality will be respected as much as possible but cannot be ensured in order to investigate fully and properly. 4.Do not object if an employee prefers to or actually does bypass the standard chain of command. 5.Do not engage in retaliation against an employee who complains of sexual harassment or participates in an investigation. 7.Be available for interviews and provide as much information as possible. 8.Make employees available for interviews. Once an investigation has been completed, if disciplinary action is to be taken, work with human resources to make sure that: •The victim is not adversely affected. •The sexual harassment stops and does not recur.

Your Responsibilities as Supervisors

Retaliation

is an adverse action taken against an employee because he or she complained of harassment or discrimination or participated in an investigation. -Adverse action includes demotion, discipline, termination, salary reduction, negative performance appraisal, change in job duties or shift assignment. -Anti-discrimination laws prohibit employers from taking adverse action against employees for asserting their rights. -When an employee complains of sexual harassment to you or to others in this company or to a government agency, you must not take any action that the employee may view as punishment or retaliation for filing the complaint.

Random testing

just that - employees are randomly tested

post-incident testing

occurs after an accident or injury in the workplace

Pre-employment testing

occurs before employee starts employment with the company

reasonable suspicion cause

occurs when an employee is observed to be under the influence at work.

Implications of Not Documenting

•Performance or attendance does not improve, and there are negative impacts to business, morale and eventually the manager's own performance. •Increased frustration by manager and co-workers. •Misunderstandings on interpretation of discussion. •Employees not equitably treated; may have discrimination claims. •Employees not treated fairly; may have wrongful termination claims. •Lack of documented formal evidence for defense in the event of legal claims.

Employment Actions that Require Documentation

•Setting and revising annual performance goals and objectives •Midyear and annual performance reviews •Violation of company policy, procedure, practice or code of conduct •Attendance issues •Poor performance •Safety violations •Investigations •Demotions •Promotions •Change in job duties •Training needs and accomplishments •Bonus and merit increase decisions •Placing an employee on probation •Suspension •Termination

Prevention Importance

•Sexual harassment harms us all. •The most important part of company values is to ensure all employees are treated with respect and dignity. •Engaging in, condoning or not reporting sexual harassment is in direct conflict with company values. •Compliance with Title VII of the Civil Rights Act and compliance laws, which prohibits sex discrimination •Liability - Company is responsible!

Quid Pro Quo

•Tangible employment action against the victim. •Involves monetary loss or change in job.