Religion, Sex & Politics, Oh My! Handling Tough Situations While - - PowerPoint PPT Presentation

Religion, Sex & Politics, Oh My!

Handling Tough Situations While Encouraging Diversity & Inclusion

Presented By: Anne T. McKnight & Beverly Watts

Where Are We?

• Conflicting Perspectives
• Intensified Political Environment

– Negative impact on EE morale/relationships – Decreased productivity – Potential liability

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Where Are We?

• Pervasive Harassment
• Social Media

– Instant Access – Personal Beliefs Made Public – Emboldened by Screen Separation

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White Nationalists Protest in Charlottesville

Black Lives Matter Protest

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Protest Against Police

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Pro-Planned Parenthood Rally

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Anti-Planned Parenthood Rally

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Protest on Inauguration Day

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Immigration Ban Protest

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Transgender Protest

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Where Do We Want to Go?

• SHRM Survey: 72% of EE’s rank

“respectful treatment of all employees at all levels” as top factor in job satisfaction

• Take opportunities to enforce core values

– leadership, teamwork, respect

• Make it clear and known what is tolerated
• Decide extent of tolerable political

expression/activity

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Where Do We Want to Go?

• Encourage EE’s to manage their own

conflicts (when possible) and to respect

• thers
• But….proactively intervene as needed
• Small conflicts can be important because

they are often about larger issues

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To Do’s and Don’ts…

X Don’t avoid uncomfortable conflict. X Don’t avoid talking to EE’s about problematic behavior. X Don’t coerce or force EE’s to vote for a certain candidate or way or fire them for failing to vote a certain way X Don’t display or distribute any statement to coerce an EE’s vote

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To Do’s and Don’ts…

 Do empower EE’s to handle conflict  Do acknowledge disagreement will happen  Do be mindful of where/how to address  Do encourage trust/credibility by asking and following up with EE’s  Do praise good actions/behavior  Do view conflict as opportunity

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When Does HR Get Involved?

• EE’s bring complaints and investigation is

called for

• Disagreements are getting personal and

EE’s are losing respect for each other

• Conflicts are affecting morale and
• rganizational success
• EE’s are threatening to quit – work it out or

recruit and retrain?

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When to Call in Reinforcements?

• May need mediator, arbitrator or attorney
• Involves potential legal issues – issues of

harassment, discrimination or retaliation

• HR doesn’t have the time or training

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When to Call in Reinforcements?

• Patterns of recurring issues
• Flare-ups getting abusive, resemble bullying
• Manager(s) needs retraining that can’t be

done in-house

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Let’s Talk Politics…

• 1. “It’s my 1st Amendment Right!”
• Political speech by private workers is NOT

protected by federal law.

• Some states have statutes that protect EE

political expression in some instances

• BUT Beware….can be considerable overlap

between political beliefs and protected characteristics

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Let’s Talk Politics…

• 1. “It’s my 1st Amendment Right!”

Discussions about “Build that wall”, immigration ban, LGBT issues, etc…. may lead to perceived harassment or discrimination against members of protected classes.

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Let’s Talk Politics…

• 2. General vs. Legally Risky Comments

“Trump is a great/awful president.” vs. Comments about women’s rights or banning Muslims. Or… “Trump is too old to be president.” Problematic if reach level that becomes harassing to EE in protected class

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Let’s Talk Politics…

• 3. What’s an HR Professional to do?
• Can’t just ban political chatter.
• Impossible to define/implement
• NLRA allows 2+ EE’s to discuss terms

and conditions of employment Ex: how a politician/party stance affects wages

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Let’s Talk Politics…

• 3. What’s an HR Professional to do?
• Supervisors should not share/impose

their political views on subordinates.

• Political Solicitation.
• Treat same as other types of solicitation.
• Review/circulate non-solicitation policy early
• Internet Age makes this difficult with email and

social media

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Let’s Talk Politics…

• 3. What’s an HR Professional to do?
• Political Protests
• Enforce policies in neutral way by taking politics
• ut of the equation.
• Ex: EE misses work to attend political rally;

handle based on attendance policy, not politics

• If EE’s political expression interferes with work,

disrupts coworkers, business objectives, then act consistent with company policies and practices.

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Let’s Talk Politics…

• 3. What’s an HR Professional to do?
• Enforce dress code policies to restrict

buttons, pins, hats and other campaign attire as long as evenhanded.

• But remember, NLRA allows EE’s to wear

union buttons, etc. re: terms/conditions…even if they are also political.

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Let’s Talk Politics…

• 3. What’s an HR Professional to do?
• Employers should not take adverse action

against an EE for lawful off-duty conduct supporting a specific candidate – Ex: bumper stickers, volunteering.

• Follow procedures for addressing EE
• complaints. Reiterate EEO/reporting/anti-

HDR policies, investigate, and remedy.

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Let’s Talk Politics…

• 3. What’s an HR Professional to do?
• Persistent, unwelcome political dialogue

may be viewed as unlawful harassment or discrimination.

• Remember to offer reasonable

accommodations for religious practices, but do not have to allow one EE’s beliefs to impede on that of another.

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EEOC’s “Promising Practices”

• Committed and engaged leadership
• Consistent and demonstrated accountability
• Strong and comprehensive harassment

policies

• Trusted and accessible complaint procedures
• Regular, interactive training tailored to the

audience and the organization.

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EEOC’s Checklists for Investigating Harassment

• Leadership and Accountability
• Anti-Harassment Policy
• Harassment Reporting System and

Investigations

• Compliance Training

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• Language Matters!!!
• Focus on Core Values of Respect and

Teamwork

• Lead from the Front (Set the Example)
• Consistently Hold People Accountable
• Positive and Negative

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Points of Emphasis

Points of Emphasis

• Update Policies
• Train Supervisors/Managers; EE’s
• Monitor the Workplace
• Be Proactive to Address Issues
• Timely/Effectively Investigate
• Take Remedial Action

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Thank you.

Beverly Watts

Beverly.Watts@tn.gov

Anne T. McKnight

amcknight@wimberlylawson.com