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 2
Where Are We? • Pervasive Harassment • Social Media – Instant Access – Personal Beliefs Made Public – Emboldened by Screen Separation 3
White Nationalists Protest in Charlottesville 4
Black Lives Matter Protest 5
Protest Against Police 6
Pro-Planned Parenthood Rally 7
Anti-Planned Parenthood Rally 8
Protest on Inauguration Day 9
Immigration Ban Protest 10
Transgender Protest 11
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 12
Where Do We Want to Go? • Encourage EE’s to manage their own conflicts (when possible) and to respect others • But….proactively intervene as needed • Small conflicts can be important because they are often about larger issues 13
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 14
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 15
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 organizational success • EE’s are threatening to quit – work it out or recruit and retrain? 16
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 17
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 18
Let’s Talk Politics… 1. “It’s my 1 st 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 19
Let’s Talk Politics… 1. “It’s my 1 st Amendment Right!” Discussions about “Build that wall”, immigration ban, LGBT issues, etc…. may lead to perceived harassment or discrimination against members of protected classes. 20
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 21
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 22
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 23
Let’s Talk Politics… 3. What’s an HR Professional to do? - Political Protests - Enforce policies in neutral way by taking politics out 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. 24
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. 25
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. 26
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. 27
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. 28
EEOC’s Checklists for Investigating Harassment • Leadership and Accountability • Anti-Harassment Policy • Harassment Reporting System and Investigations • Compliance Training 29
Points of Emphasis • Language Matters!!! • Focus on Core Values of Respect and Teamwork • Lead from the Front (Set the Example) • Consistently Hold People Accountable • Positive and Negative 30
Points of Emphasis • Update Policies • Train Supervisors/Managers; EE’s • Monitor the Workplace • Be Proactive to Address Issues • Timely/Effectively Investigate • Take Remedial Action 31
Thank you. Beverly Watts Beverly.Watts@tn.gov Anne T. McKnight amcknight@wimberlylawson.com
Recommend
More recommend
