Chapter 15: Addressing Problems before Taking

Critical Action

Prevention When Possible

• The best time to address a problem is before it becomes a problem

• Prevention should be practiced whenever possible

• It reduces stress and improves morale • Employee tardiness and absenteeism deserve a

department manager’s visible attention• Conscientious and common-sense management

helps to minimize or avoid problems

Employee Privacy and Confidentiality

• Issues of employee privacy and confidentiality are pervasive

• The conflict usually amounts to individual rights versus business needs

• The rights of individuals to privacy and confidentiality have been a growing concern in American society

Privacy and the Changing Times

• The right of individuals to privacy has been growing

• Since September 11, 2001, the government has been responding to a perceived need to monitor individuals and their movements

• Apprehension about how government might use information is also growing

• Businesses are widely perceived as exercising their legal right to review computers and electronic documents and to monitor telephone conversations as they attempt to know more about the people they employ

Employee Views on Privacy

• Employees expect that their privacy will be protected

• When individuals seek employment, work organizations want information about past and present employers and other references

• Employees continue to grow more sensitive to the issue of privacy rights, but at the same time they perceive that organizations are delving continually deeper into their personal lives

Definition: Right to Privacy

• Many people believe that organizations ask for more personal information than is legitimately needed

• Petrocelli: “It is the right to be free from the unwarranted appropriation of one’s personality, the publicizing of one’s private affairs with which the public has no legitimate concern, or the wrongful intrusion into one’s private activities, in such a manner as to outrage or cause suffering, shame or humiliation to a person of ordinary sensibilities.”

Individual vs. Societal Rights

• Individual rights are continually giving way to perceived needs for drug testing, especially concerning people in occupations having responsibility for public health and safety

• AIDS and testing for the presence of HIV represents a constant collision of individual rights with the need to know information about people seeking treatment and coworkers

• This controversy was largely responsible for adopting universal precautions under which all bodily fluids are regarded as potentially hazardous

Example: Polygraph Testing

• Most controversies over employee information and management involve business needs compared to employee expectations of privacy

• Adverse reactions to the routine use of polygraph (lie detector) tests led to passage of the Employee Polygraph Protection Act of 1988

Legislation Affecting Privacy

• Since 1975, employees have developed stronger voices in the workplace

• Government has responded to those voices by enacting antidiscrimination laws that restricted the information employers can request on job applications and in employment interviews

Specific Acts

• Title VII of the Civil Rights Act of 1964 was the first major law to have a significant bearing on individual privacy

• Next was the Privacy Act of 1974• The law ensures record confidentiality,

guarantees employees the right to examine their personnel files, and requires that no information be disclosed without the consent of affected employees

• The Privacy Act has served as a model for privacy laws in many states

Polygraph and Fair Credit Reporting Acts

• The Polygraph Protection Act allows testing of selected employees

• The Fair Credit Reporting Act limited organizational access to personal financial data

• This legislation keeps employers from receiving reports about employees with the exception of specifically defined purposes related to work

Legal Orders

• Agencies serve subpoenas, summonses, and warrants to employees in the workplace

• If they enter via administration, they will probably be referred to HR

• Many organizations prefer to have HR arrange for such an order to be served in private and avoid unnecessary embarrassment to an employee

Personal Rights at Work

• Managers should send serving officers to HR

• Any external request for information about an employee should be referred to HR

• With the exception of responding to legal orders, HR should not release any information to outside persons or parties without first securing a signed release from the affected employee

Employee Searches• Searches of desks and lockers are sometimes necessary• Organizations should have a published policy governing

searches• Any search policy must be applied evenly and consistently

to eliminate any perception of discrimination• No employees should be exempt from a search• Employee consent should be requested before a search• Every search should be conducted with discretion and

respect for individuals and property

Access to Employee Information• Employee confidentiality always involves questions

of access to information• Legitimate needs can usually be determined by

answering the question: What will be the result if this information is not made available?

• Employees have a legally protected right to examine their personnel files and add clarifications they believe are necessary

• Most organizational policies such policies require that files must be reviewed in the presence of an HR employee to ensure that no material is removed

Files with Employee Information • Employee personnel files may be made available to

managers who are considering particular persons for transfers

• All organizations should have a written policy governing the release of information concerning both employees and others

• If department managers maintain files concerning their own employees, this practice should be publicized

• Similar information should be kept for all employees with no exceptions

• Supervisors are advised never to maintain secret files on selected individuals

Employee Health Records

• Records related to workers’ compensation and disability, are considered to be medical records and are subject to strict rules of accessibility

• Employee health records are customarily filed separately from personnel information, often in a separate office

• They are commonly retained by the employee health office and are subject to the same rules of access that govern patient records in a physician’s office

Personal Relationships• Many organizations have rules governing personal

relationships among employees on the job• Generally, employers can do nothing regarding the

conduct of employees off of the job• Employers typically do nothing as long as there is no

adverse effect on job performance or on the organization’s reputation

• Employees should be encouraged to disclose the existence of romantic relationships involving co-workers voluntarily to their supervisors

• Some organizations require employees to disclose the existence of personal or romantic relationships with individuals employed by direct competitors

Favoritism

• Legitimate concerns exist about the appearance of favoritism and an increased likelihood of sexual harassment claims and employee unrest when romantic relationships exist between management and non-management employees

• Courts have held organizations liable for sexual harassment by a manager even if senior managers did not know about a relationship

• Many organizations have discovered that consensual relationships can go sour and lead to charges of sexual harassment

Nepotism

• Many organizations have nepotism policies that prohibit having one spouse under the supervision of the other, or even to place both spouses in the same department or group

• Little or no inappropriate behavior may occur but perceptions arise

• To observers, perception is reality• Generally, nepotism rules prevail if it can be shown that

they are designed to avoid aggregation of family members, are applied evenly and consistently, and result in no adverse impact on either gender

• Inconsistent or uneven enforcement can result in discrimination charges

Sexual Harassment

• Under the Civil Rights Act, sexual harassment is a form of sex discrimination

• Sexual harassment has become one of the two most frequently charged forms of discrimination for employers in the United States (the other is discrimination based on age)

• Without exception, all employees of any organization must understand sexual harassment and know about organizational policies relative to it

Sexual Harassment Defined• Sexual harassment consists of unwelcome sexual

advances, demands or requests for sexual favors, or other conduct of a sexual nature

• It is harassment if acceptance of or submission to such conduct is either explicitly or implicitly a term or condition of employment, if acceptance or rejection of such conduct is used as a basis for making employment-related decisions, or if the conduct can be viewed as unreasonably interfering with work performance or creating an offensive or intimidating work environment

• The latter condition is referred to as a hostile environment

Behaviors

• Sexual harassment can be direct (offensive touching or making direct sexual propositions) or indirect (exhibiting sexually suggestive posters or calendars, or allowing sexually related humor to be overheard)

• A particular behavior might constitute sexual harassment at one time but not at another time

• Often, determining whether some mode of conduct is or is not considered sexual harassment rests with how the conduct is perceived

• Behavior that is judged to be sexual harassment is generally unwelcome, unwanted, and repeated

Policies About Sexual Harassment

• All organizations should have policies that prohibit sexual harassment and retaliation against anyone complaining of harassment

• Managers must know the sexual harassment and anti-retaliation policies

• They must be able to train employees about the policy and the procedures for reporting sexual harassment

Implementing Policies

• HR should include sexual harassment in new-employee orientation

• Copies of sexual harassment policies should be available to all

• All employees must know the process for reporting sexual harassment and understand how charges of such behavior are investigated

Effects of Sexual Harassment• Before the emergence of legal channels through

which to complain, sexual harassment was entirely hidden, and for the most part, shrugged off or deliberately ignored

• Sexual harassment is a major concern throughout business and industry

• Sexual harassment cannot be condoned or tolerated

• Managers must maintain a zero-tolerance policy towards sexual harassment

Violence

• Violence in the workplace is often due to stress• Violence is similar to other forms of human behavior in

that it is action in response to a condition, need, or demand

• Chronic anger can lead to diminished productivity, reduced quality, increased fatigue, burnout, depression, and violence

• A department manager’s best approach to workplace violence involves awareness and prevention

• There is no consistent profile to describe persons who commit violent acts in the workplace

Precursors of Violence• Violent employees may have:

– Experienced family problems– A history of abuse– Problems associated with alcohol or drug usage– History of violence– An aggressive personality– Mental conditions such as depression, paranoia

or schizophrenia– Poor self-image or low self-esteem

Reasons for Violence

• Reasons behind workplace violence include:• Inability to cope with stress• Drug reactions• Problems involving job, money, or family• Reaction to the loss of employment or a

relationship• Frustration with waiting or with rude or indifferent

treatment• Confusion or fear• Perceived violations of privacy

Preventing Violence

• Treat everyone with respect and consideration

• Keep all objects that could be used as weapons stored away

• Supervisors should know security procedures, alarms, and warning codes

Warning Signs

• A person that appears to be under the influence of alcohol or drugs, appears to have been in a fight, is escorted by police or is being restrained

• Visible indicators of potential violence include obvious possession of a weapon; nervousness; abrupt movements; extreme restlessness, pacing or obvious agitation; hitting walls or objects; or breaking things

Reacting to the Threat of Violence

• When observing any indicator of violence, supervisors should notify other staff and call security

• Supervisors should stay alert but remain calm• All employees should maintain a safe distance

and give an agitated person plenty of space• People nearby should not turn their backs• Untrained employees must never touch an

agitated or upset person• Employees should speak with voices that are

calm, slow, and quiet

Reacting to Actual Violence

• All employees should be orientated in how to react to violent behavior

• Employees should protect themselves

• Sound an alarm or call security

• Employees without specific training should not try to disarm or restrain an agitated the person

Employee Participation and Involvement

• Participative management requires organizational commitment

• Managers and supervisors must be willing to allow employees to participate in decisions

• Employees must know that supervisors and managers genuinely want their input and that it is valued

• Managers should be visible and available• The more employees feel that managers are

interested in what they do and in their thoughts, the more they will feel respected, challenged, and constructively utilized

Connecting with Employees

• The majority of employees prefer to be challenged

• Effective managers remember that nobody knows the inner detailed workings of a job better than the person who does it every day

• Managers should try to access this knowledge through honest participation

Empowering Employees

• Managers must be able to empower their employees• The more levels of supervision that separate a decision

maker and the person affected by it, the worse will be the outcome

• Effective employee involvement requires mutual trust between managers and employees

• An organization that can achieve effective employee participation will usually experience significant increases in productivity and noticeable decreases in employee problems

• Interested, stimulated and challenged employees constitute the best possible means of preventing problems

Counseling

• Counseling is appropriate for addressing problems and potential problems at their early stages to keep them from becoming overwhelming

• It can be informal guidance and work-related advice that is provided by a supervisor

• Counseling can be used to strengthen weaknesses in employee performance and provide ongoing guidance

• Counseling may enable a manager to recommend developmental activities for an employee or improve communication between supervisor and employee

Indicators for Counseling

• Supervisors should try to counsel employees when problems first appear

• Counseling may be needed with a noticeable decline in an performance or failure to meet job standards

• Such changes often indicate personal problems• Complaints about an employee from other

people, especially those that reflect rude or inappropriate behavior often reflect personal problems

Managers Are Not Counselors

• Managers should remember that they are conduits to trained professionals

• Supervisory counseling encompasses coaching on job-related topics or on behavior relative to policies or work rules

• Counseling must never become personal• Supervisors must know their own limitations• Fear of a lawsuit should reinforce the directive to

refer people with problems to qualified professionals

Advice to Managers

• When providing advice in appropriate settings, managers must be knowledgeable and credible

• Managers should keep their advice consistent from person to person and avoid generalizations

• Timeliness is appreciated by all• Delaying counseling dilutes the message

and diminishes its impact

Tips for Managers

• Effective managers are alert for employee defensiveness and do not argue

• Successful counselors are as positive as possible

• Effective counselors listen

• They provide their undivided attention when employees speak and focus on what is being said

Focus and Notes • At all times, department managers must remember that

their primary goal should be focusing on the results of behavior, not the causes

• Focusing on the results of behavior rather than the causes and correcting inappropriate behavior helps managers to avoid entering an employee’s personal life

• Wise managers briefly document each counseling session, recording employee name, date, and the nature of the discussion

• These notes are not considered to be permanent records but should be retained for one to two years

• Personal notes should be destroyed if a problem does not recur in two years

Chapter Summary• Many employee-related problems can be prevented by timely and

appropriate interventions• Employee confidentiality and privacy must be respected and protected• Most organizations have established policies to address personal

relationships involving colleagues or supervisors• Sexual harassment is a serious problem• All employees must understand and follow organizational policies and

procedures related to sexual harassment• Zero tolerance for sexual harassment is the only defensible position that

an organization can adopt • All employees must be instructed about how to respond to threats of

violence• Employee involvement can facilitate and improve operations• Supervisors should be able to provide advice or limited counseling to

their employees