In this episode we speak with Rebecca Trotsky, chief People Officer at HR Acuity to learn how the critical role of transparency plays into fostering trust and effective employee relations. We cover it all, from clear communication of processes to addressing evolving challenges like sexual harassment in remote work settings, the discussion underscores the pivotal responsibility of HR professionals in creating transparent cultures. Key themes explored include accountability, well-being, and the ongoing journey towards fostering transparency in the workplace.
Takeaways
- Transparency in the workplace is crucial for building trust and fostering a positive work environment.
- Organizations should clearly define their processes and communicate them effectively to employees.
- Employee relations professionals play a vital role in resolving issues and protecting both the company and the employees.
- The definition and understanding of sexual harassment have evolved, and organizations need to address it in the remote work environment. Transparency is a goal that organizations should continuously strive for, even if it is never fully achieved.
- HR and employee relations play a crucial role in fostering transparency and creating a culture of trust and accountability.
- Mental health issues have become a top concern in the workplace, and organizations need to provide support and accommodations for employees.
- Clear values and behaviors are essential in guiding employee conduct and addressing issues that are not explicitly covered in policies.
- Transparency requires ongoing effort and adaptation to meet the changing needs and expectations of employees.
Chapters
00:00 The Heart of Capitalism and Transparency
03:26 Introducing Rebecca Trotsky and HR Acuity
05:42 The Role of Employee Relations Professionals
09:20 The Importance of Transparency in Building Trust
11:57 Transparency in Addressing Employee Concerns
16:04 The Impact of Technology on Transparency
22:25 The Nuances of Sexual Harassment and Transparency
27:41 The Importance of Transparency in Employee Relations
28:06 Addressing Workplace Issues through HR and Employee Relations
29:29 Guiding Employee Conduct through Values and Behaviors
36:20 The Role of HR in Fostering Transparency
39:54 The Impact of Mental Health Issues in the Workplace
44:38 Innovative Approaches to Transparency in Employee Relations
48:43 Continuous Improvement in Transparency Efforts
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[00:00:00] But yeah, I think that's how and I have a number of close friends that are in that in that area and
[00:00:08] I'll tell you like even knowing what the role does. I still in my mind
[00:00:13] Feel like they're constantly the bad guy and they're always judging
[00:00:19] The bad one and I know that's not the case. I know that
[00:00:31] No, but it's good I'm glad because we know that there is this I'm being transparent
[00:00:38] There is this sort of baggage to the function of employee relations which
[00:00:45] And this way in Tink up Ryan Leary and you're listening to the You Should Know
[00:00:50] Today we have Rebecca on and we're gonna talk about the transparency at work and we can't wait
[00:00:56] This is actually this is gonna be a podcast. It's gonna get a lot of downloads
[00:01:00] No one's figured out transparency at work turns out
[00:01:05] Rebecca would you do us a favor and introduce yourself?
[00:01:08] Absolutely. Thank you for having me. My name is Rebecca Trotsky and I am the chief people officer for HR acuity, which is a
[00:01:16] an employee relations and case management
[00:01:20] solution that runs all the way from
[00:01:23] employee
[00:01:24] Anonymous employee reporting capabilities where they can message back and forth anonymously with the HR partner who is investigating
[00:01:32] their concern all the way to
[00:01:36] analytics and
[00:01:38] Reporting and you know cool data capabilities and in between we have our flagship
[00:01:44] investigation in case management and ER
[00:01:48] Solution and then we also have a manager solution because we know that managers are often
[00:01:54] The frontline for hearing employee concerns hearing
[00:01:59] Allegations of misconduct and so they need to be equipped to handle anything that should come up
[00:02:05] So we have a full
[00:02:07] All the way to we call it through care, but after care even after something has happened
[00:02:12] Right. So it so would for the for the audience when they hear solution
[00:02:16] This is a mixture of software and service layer
[00:02:21] It's yep, it's a we're a technology provider, but we are really proud of our
[00:02:28] Employee relations community we have it's called empower
[00:02:31] It has almost 5,000 members and it's free
[00:02:34] So anybody listening who has a role in employee relations to join its empower
[00:02:40] er org and
[00:02:43] We get a lot of
[00:02:45] insight and
[00:02:47] We understand what's happening in the world of employee relations from that community and from our roundtable community
[00:02:53] Which is our community of leaders we get together with our leaders about a hundred of them in person once a year and we do
[00:03:00] webinars and online
[00:03:03] Conversations with them as well. So we're really steeped in what's happening in the world of employee relations and
[00:03:09] We use that we infuse that knowledge into our technology platform
[00:03:15] And so that's why today I'm really excited to be talking about transparency because this is something
[00:03:20] Top of mind for everybody in our community and our clients. It's interesting Rebecca pre-covid
[00:03:27] I think one in a hundred people would have known what employee relations was
[00:03:32] even inside their company, you know, but because of covid and because of the communication layer of
[00:03:39] All layers of covid I think a those professionals got there finally got there do finally got recognized for the hard work they do
[00:03:48] And also there was a there's a heavy burnout of all of that stuff. So yes
[00:03:55] Right, so we found that our employee relations professionals really had to step up and step into the limelight
[00:04:02] So to speak oftentimes that group likes to help people and solve problems kind of maybe under the radar
[00:04:09] We don't think that's good for them. We want us to be loud and proud about what we're doing
[00:04:12] It's we'll get to the transparency piece. But yeah, they had to step in and redesign
[00:04:18] everything from their you know
[00:04:20] Work-from-home policies to their masking policies to their vaccine policies and how do you enforce it and now return to work or hybrid work?
[00:04:28] They got you know, the employee relations teams got a lot of a lot of love I think during that time
[00:04:34] But yes, also it took a toll. It was a lot to absorb and if you remember it was also
[00:04:40] George Floyd was murdered that summer. So there was a whole resurgence, right?
[00:04:44] So like they had to deal with social justice movements, you know coming up
[00:04:49] Strongly again. There's a lot it was a lot. And so we found that since then
[00:04:54] I wouldn't say things have calmed down or slowed down from a coven standpoint
[00:04:59] Yes, but there are so many other things stepping in it's still the burnout
[00:05:03] It's still mental health issues that we know employees are contending with
[00:05:09] You know, and then of course it gets back to trust and transparency as we'll talk about here
[00:05:13] I think
[00:05:15] As you William as you said pre pandemic
[00:05:18] I thought there was trouble
[00:05:20] It was like employee relations equals IAB internal affairs
[00:05:24] Right shadow
[00:05:28] Yes
[00:05:32] Might have happened
[00:05:35] But yeah, I think that's how and I and I have a number of close friends that are
[00:05:40] I think they're not going to be able to get to the bottom of it
[00:05:44] Yeah, I think that's how and I have a number of close friends that are in that in that area and
[00:05:51] I'll tell you like even knowing what the role does. I still in my mind
[00:05:56] Feel like they're constantly the bad guy and they're always judging
[00:06:03] And I know that's not the case
[00:06:14] No, but it's good I'm glad because we know that there is this I'm being transparent
[00:06:21] There is this sort of baggage to the function of employee relations which we believe and no is not
[00:06:29] Well placed. It's not appropriate anymore because
[00:06:33] We know that employee relations professionals want to resolve issues
[00:06:37] They want to take something that may have gone off course at work and it could be something small
[00:06:43] It could be something bigger, but they they really care about making sure that that issue is
[00:06:49] Resolved in a way where it doesn't happen again
[00:06:52] the person can get back to work and contribute to the mission of the company and support the customers of the company or the
[00:06:58] organization and
[00:07:00] Put it behind them so that the company benefits the organization benefits the employee benefits
[00:07:05] So we were trying very hard to break free from that paradigm Ryan
[00:07:10] It still is very hard and one of my theories about this is that
[00:07:14] Leaders of companies don't like to think that their
[00:07:19] People will cause issues or they will have issues. They everybody wants to believe that everybody comes to work
[00:07:26] With the purest of intent every day and they're going to be able to do their work
[00:07:32] Perfectly without kind of disruption and we just know that that's not true
[00:07:36] So you might as well just be honest like we say humans gonna human it's okay. It's okay if you have people
[00:07:44] Yes, like and just be open about it and
[00:07:49] acknowledge that the goal isn't to have perfection the goal is to
[00:07:54] Resolve issues and make the workplace continuously better
[00:07:58] Right, which again gets to transparency if you're honest about your processes if you're clear about
[00:08:05] What is the role of employee relations? Like I mean Ryan you said you didn't even know right or
[00:08:10] You said a lot of people didn't even know what that is. I think a lot of people still don't
[00:08:14] if
[00:08:15] You're clear about what happens if there is a concern or if there is one of those moments where things go a little
[00:08:21] bit off even if it's something as simple as I
[00:08:25] Need to take a leave of absence to care for a sick family member, which doesn't mean I've done anything wrong
[00:08:30] But I would like to know that my compensation will be handled fairly if I'm on a commission plan for example
[00:08:37] What will happen to my quotas?
[00:08:40] Will I be made whole or treated in a way where I can be successful when I return?
[00:08:45] And something as simple as the company saying hey, we've got this we have we know how to deal with this
[00:08:51] We have a plan. We're gonna tell you exactly what to expect
[00:08:54] We're gonna tell you what our process is and here's what's gonna happen and then you have comfort
[00:08:58] You can take your leave care for your family member come back get right back to work. It's all very
[00:09:04] Easy if it's been defined and if it's a little bit consistently, right?
[00:09:08] Right should be right. Well, what is what are the you know transparency is a word that I think people think
[00:09:15] That we've all agreed on what that means and that there's universal
[00:09:20] understanding of what is and isn't transparent or
[00:09:23] transparency
[00:09:25] What's the you're on top of this all the time so what's the table stakes of transparency right now?
[00:09:31] What are people's expectations when they come into an organization?
[00:09:35] Regarding this should just be transparent
[00:09:39] Yeah, you know, I think it depends on your individual workforce
[00:09:43] So I think asking what what is what do you expect? What is what is your expectation as an employee of this organization?
[00:09:51] I think that's one element. However, I would say for basic things
[00:09:56] like
[00:09:57] Well employee relations issues if you really want your people to report a concern at work something happened misconduct happened
[00:10:06] We know that from our workplace study that we did a year ago
[00:10:10] 52% of people have experienced some form of misconduct
[00:10:14] And so if you would like your employees to share when that happens so that you can resolve it
[00:10:20] Then you need to be transparent about what what happens? What's the process? How is it gonna work?
[00:10:28] How will you deal with it if there is fear of retaliation or if there is some action that would signal that
[00:10:34] So that's a piece of it right like making sure that people understand what to expect
[00:10:40] You know after the fact I think it used to be back in the days the olden days
[00:10:47] An employee an HR person now is like 2003
[00:10:56] My kids say like you're from the 1900s
[00:11:07] We would never for example say that we would share an outcome of an investigation and even know of course you're gonna protect
[00:11:14] You're gonna make sure you're protecting the people who are involved so that we're not broadcasting
[00:11:18] Let's say the discipline necessarily although clearly if somebody isn't there anymore
[00:11:22] They can draw their own conclusions as to what may or may not have happened
[00:11:26] but certainly
[00:11:28] You could and we encourage organizations to aggregate data and share that guess what sometimes we do
[00:11:36] Substantiate issues and we are able to resolve them and this is the percentage of the time
[00:11:41] So maybe not all the time, but if you're transparent about what's happening in terms of how are you getting?
[00:11:48] Information are people anonymously reporting are they going to their managers are they going to HR and then what's happening with those cases?
[00:11:55] You're gonna get a lot more people who will come forward because they'll say well
[00:11:58] You know what they actually do something
[00:11:59] It's not a black hole where issues go to die
[00:12:03] it is a place where we bring things into the light and we
[00:12:06] Clean them up and I feel better about that and we have found in our in our workforce
[00:12:11] workplace misconduct study that
[00:12:15] When employees had an issue that they reported that was investigated and it was resolved
[00:12:21] They were two point seven times more likely to recommend that employer as a good place to work to their friends
[00:12:28] And much more likely to be still with the company by the way, they're not going to quit because of that
[00:12:33] But if you think about what that really means
[00:12:36] Your it bonds them to the company in a way because they've been through a situation that's challenging
[00:12:41] The company has stepped up and has taken action and that person has been through that and feels better and
[00:12:48] And it's it's not unlike when you're a customer and something goes wrong as a customer and the the company, you know
[00:12:54] Gives you extra love and attention and then you're like I really like that business
[00:12:58] I'm gonna tell all my friends go shop there. So it's a very similar dynamic, but it does involve
[00:13:03] Being very clear and about your processes and about what happens when something should go wrong
[00:13:09] That's an element to what we've when you run into the situation
[00:13:14] Where you think the leadership team or no the leadership team thinks that they're being transparent
[00:13:20] But it's not meeting the needs of their employees
[00:13:23] Like they but they in their hearts feel like we're being transparent. We care about transparency. We are transparent
[00:13:29] One of our values we are transparent, but yet the people that work there
[00:13:34] Don't share that a definition or don't share that experience of transparency
[00:13:39] How do you how do you how do you overcome that or how do you get them to overcome that? I
[00:13:44] Think this is a case where technology is going to force our hands collectively and
[00:13:52] you've seen things like
[00:13:54] Brittany peach who was laid off from cloud fair and recorded
[00:14:00] Her her termination meeting. Oh, yeah. It went viral. Okay
[00:14:05] That brings a level of transparency
[00:14:08] Yeah, and if leadership teams would prefer that it's not done that way
[00:14:15] Perhaps they should make sure that they're
[00:14:18] Perhaps they should make sure that they're
[00:14:21] Being extra transparent and clear in how they're communicating and step up their game
[00:14:26] So to speak so that even if it's not gonna go viral because it's not handled badly, right?
[00:14:31] Like if there's nothing to show if there's no there there it's not gonna go viral
[00:14:36] You're not gonna have bad headlines. You're gonna protect your reputation
[00:14:40] And so I think that in some ways
[00:14:43] the forced transparency from our
[00:14:46] Employees and our workforce that's that are saying we want more of this is
[00:14:51] Going to help us. I mean things like wage transparency laws in states were very scary to companies
[00:14:57] They were like we can't do this. But guess what like companies have stepped up. They've done it
[00:15:02] They cleaned up their house, right? They got everything in order. We haven't seen a lot of wage claims as a result
[00:15:08] We've seen companies better able to articulate
[00:15:12] What they pay and why they pay it internally and externally it's actually raised everyone's game
[00:15:19] And I think it's probably made HR and recruiting teams more efficient
[00:15:25] You're not going back and forth at the last hour
[00:15:28] Trying to figure out where what you should pay this person. It's very clear up front
[00:15:33] Yeah, it's not the Wild West the compensation team. Yeah has put together
[00:15:38] Kind of a straightforward approach of understanding and they've communicated that with recruiters and hiring managers
[00:15:43] I think and that wasn't being done before it wasn't before like the Wild West
[00:15:48] Right. And so that is just an example of where there's a simple something very simple that all it needs is a process
[00:15:54] That is adhered to consistently. It's the same thing in employee relations
[00:15:59] Define the process follow it consistently. That is what is going to engender trust from your employees
[00:16:06] And if you do that within, you know in all aspects of your
[00:16:11] Relationship with employees you're gonna be okay and you can be transparent
[00:16:15] And you know if you if you have a process what what's wrong with sharing what it is
[00:16:20] What side and I know there's different views here multi
[00:16:25] I don't know that there should be different answers
[00:16:26] But there might be how how much of this job of the employee relations role?
[00:16:32] Claim comes through you're investigating the claim how much of of their effort is to protect the employee investigate thoroughly
[00:16:41] but ultimately protect the
[00:16:44] The employee as opposed to damage control for this
[00:16:47] It's a it's a who are you an advocate for an advocate for the company or your advocate for and I know you're kind
[00:16:53] Of in the middle there, but I kind of feel like that's where the employee at least
[00:16:59] You know is you know the employee says well
[00:17:03] Retaliation or this and that they're just gonna be on the side of the company
[00:17:07] How do you one where do where does that fall? Where does that liability fall?
[00:17:12] But two how do you how does a company or employee relations person overcome that?
[00:17:15] Yeah, I don't even see it as an either or and I don't think most most good
[00:17:20] Employee relations professionals or HR people if they're the ones doing the investigation
[00:17:26] Would see it that way. I really see them as
[00:17:29] One in the same so you you cannot protect your
[00:17:34] Organization if you are not protecting your people your people need to be safe at work
[00:17:39] They need to be able to come to work and contribute fully and if they're dealing with a lot of misconduct and nonsense
[00:17:46] They can't do that. They're going to quit
[00:17:48] and
[00:17:50] You want the issue to be resolved so that you can get ahead of it for next time
[00:17:56] Find the root cause of whatever the misconduct was and solve it and
[00:18:02] That's how you protect the company you keep people focused on serving the customers of that enterprise
[00:18:09] and
[00:18:12] You can't do that if you're only
[00:18:14] performing
[00:18:15] The act of okay. I'm gonna do damage control
[00:18:18] Yeah, really have to do both and I understand that a lot of employees feel
[00:18:26] Nervous or concerned to raise an issue because they they say that they say okay, you know, it's just gonna be they're on the side of management
[00:18:34] They're not gonna care
[00:18:35] This is why it's so important for organizations to put in place an anonymous reporting tool
[00:18:41] So that that's actually welcoming and helpful and not sort of like going to the DMV and having your number lost in the ether
[00:18:50] Because you can encourage people that way and show them
[00:18:54] That you're taking action that you're not just there to make the problem be swept under the rug that you genuinely want
[00:19:02] to help
[00:19:05] So employee relations as when I grew up as I grew up through this process they
[00:19:12] There was a different clock
[00:19:14] The resolution clock, you know, they could do a really really hearty
[00:19:20] Investigation you know talk to everybody turn over every stone, etc. Mike
[00:19:25] Gut tells me that clock's different now
[00:19:28] Like if I do an anonymous claim and say my boss is sexually harassing me and it's it's not a one-time thing
[00:19:36] It's happening now. It's happening more frequently. It's happening weekly, etc. I need help
[00:19:42] What's the expectation of resolution?
[00:19:45] Not just the how fast they're gonna get on the investigation and all that stuff
[00:19:48] I'm sure that that happens pretty quickly, but how fast or has that changed?
[00:19:54] I don't even want to assume that the clock's changed
[00:19:57] Yeah, people's expectations have changed. I don't want to do that. Well, I love this question
[00:20:02] I would encourage all of your listeners who are interested to go download our benchmark study
[00:20:07] We publish it once a year. We have the latest version will be out in May and
[00:20:13] We ask this question and we track it over time and
[00:20:18] We ask how long does it take to close or to get a case to resolution?
[00:20:23] Depending on the complexity of the case. We know that a
[00:20:28] harass a sexual harassment case or discrimination case is
[00:20:33] More complicated and probably is going to take longer than a
[00:20:38] You know travel and expense case where somebody is going to be able to
[00:20:43] You know, somebody might have been engaging in shenanigans on their corporate car, for example
[00:20:48] and that I mean we see we do see fluctuations in all of these over years, but we
[00:20:55] They tend to stay pretty constant like it's going to take you between two and four weeks to close a
[00:21:01] sexual harassment or discrimination case and
[00:21:04] Is that communicated back to the person or is there well this is this is important to?
[00:21:09] Articulate this I mean, it's a great point. It should be it should when you're when you're doing the initial
[00:21:16] Discussion and hearing hearing the claim
[00:21:19] It's important to say like I'm taking this very seriously. There is a process here. This is what we're going to do
[00:21:25] We also think it's important to keep the person apprised of where in the process things are so it's not just like
[00:21:32] They they share something it feels scary to them and then they hear nothing
[00:21:37] So it's important to keep that we call it through care like keep that person
[00:21:42] Apprised of exactly what's happening. Maybe not all of the details but like we're you know, we're looking at data
[00:21:48] We're analyzing we're talking to the people that you recommended we talked to
[00:21:52] and so we I mean we know that it's important to do a thorough investigation and so
[00:21:59] Sometimes speed isn't necessarily correct, right?
[00:22:03] You want the person to believe that you came to the right conclusion
[00:22:08] Regardless, maybe you substantiated it
[00:22:10] Maybe you don't but if they believe and know that you took your time and did a great thorough investigation
[00:22:17] They're gonna feel a lot better about that outcome. Right?
[00:22:20] So I have a follow-up on sexual harassment
[00:22:24] And again, please I'm not the authority here so please crush all my dreams
[00:22:30] I would never do that William. You should you should
[00:22:34] so in the 80s when I
[00:22:38] Kind of grew up in the workplace
[00:22:41] sexual harassment
[00:22:43] Wasn't an abstract concept
[00:22:46] it was
[00:22:48] It was very cut and dry. I mean
[00:22:51] Extremely cut and dry you could see it you could smell it you can taste it
[00:22:56] Easy to define and I feel like sexual harassment is a bit more nuanced now
[00:23:03] Or can be a bit more nuanced now. First of all, I'm not in the workplace
[00:23:08] So let me start there is that's just me looking from the outside in
[00:23:13] What are you finding?
[00:23:17] Human being you really want to think about
[00:23:20] William
[00:23:22] Sadly, I would love to say to you we have solved this through decades of amazing training and
[00:23:31] People have evolved to understand what is appropriate
[00:23:34] Yeah
[00:23:37] Unfortunately, no we have found a shift in
[00:23:42] The venue so yeah, we are we are more remote now and we know that things can happen
[00:23:50] Remotely as well as in person, although our misconduct study showed that
[00:23:55] It was much more likely to be in office settings to occur
[00:24:00] It can also happen over devices which we didn't have those things before so things can happen in a different medium
[00:24:07] messages are
[00:24:09] Incredibly powerful right if you're investigating this claim. It's really yeah a great thing to have those
[00:24:17] But yeah, we I mean certainly things like
[00:24:21] Microaggressions was not a concept in the 80s or 90s that we talked about or that people would recognize. I think that
[00:24:30] You know, we might have said oh that that's that feels wrong, but we wouldn't have necessarily known why
[00:24:38] Now there is more of a vocabulary and there is more of an awareness
[00:24:42] Which is great because because
[00:24:45] If employees know that something isn't right or is off and they can articulate that
[00:24:51] They're much more likely to reach out to the anonymous line
[00:24:55] And even if it's like some of our clients call it a warm line. It's not a hotline. It's a warm line
[00:25:01] You know, I just have a question. Is this
[00:25:04] Acceptable. I'm not saying I'm raising an issue but help me am I off here?
[00:25:09] Yeah
[00:25:12] That also gets to
[00:25:13] Building trust and building transparency saying you know what?
[00:25:17] It's okay to reach out with these questions that are maybe not, you know a formal complaint, right?
[00:25:22] This is how it made me feel I can articulate. This is how it made me feel
[00:25:27] Then again again not casting blame any any way or another. It's just basically this how it made me feel
[00:25:32] thoughts
[00:25:35] Right right and we can potentially nip it in the bud and take action before it becomes something much much worse
[00:25:44] So what happens then?
[00:25:47] Post investigation will just stay on sexual harassment. So so something you know, someone files a claim or
[00:25:54] Or puts a claim through it gets investigated. It wasn't substantiated to the I guess this is
[00:26:02] Probably just answer my own question
[00:26:04] It was substantiated that yes, there was something
[00:26:07] But is it a fire? Oh fire. Is it always a fireable offense if it's not then how do these two people?
[00:26:16] Coexist to work together. Where do you where do you come in or not?
[00:26:19] You were saying but where does the organization that go the employee relations people still have a relationship there
[00:26:26] Yeah, you know a lot of times
[00:26:30] Cases like this are
[00:26:33] Substantiated with something else so maybe it wasn't found to be discriminatory harassment of some kind
[00:26:38] but there was unprofessional conduct or bullying behavior something like that and
[00:26:44] We want to resolve that too. We want to take action to make sure that doesn't happen. So articulating
[00:26:50] What is in the policy like what what behavior goes against the company values?
[00:26:56] Or is in the policy as unacceptable behavior and then of course we have
[00:27:02] Er teams very closely aligned to HR business partners and
[00:27:07] You know even L&D teams or leadership development to you know jump in
[00:27:13] Provide some remedial
[00:27:15] Training or organization development interventions to help navigate the conflict and to help make sure that
[00:27:22] These kinds of behaviors don't continue happening
[00:27:25] Certainly documenting is something important
[00:27:28] So yeah, a case management solution like HR Q2 would be great because then you've got it all documented and if it happens again
[00:27:35] That makes it a lot easier to take maybe stronger action
[00:27:40] So I do think that staying close to the person who raised the issue and following up with some kind of aftercare
[00:27:46] Making sure that there is a strong monitoring program so that you can tell if the person
[00:27:53] Potentially is being retaliated against even before they know much watching to see okay. What's happening with their
[00:27:59] Pay increases or development opportunities or are they applying for jobs and they're not getting them
[00:28:05] Is there some is there something happening in our system now where we can see with the data?
[00:28:10] That there is a potential retaliation problem here if organizations can get ahead of that
[00:28:16] How powerful that is for encouraging people to come forward because they feel safe that they're not going to be retaliated against
[00:28:22] What's it's it's bifurcated after after care. It's just different
[00:28:26] So for the person that made the claim and it felt a certain way to then make that claim
[00:28:31] It's following up and doing everything you just said and it's the person
[00:28:35] But the claim was against and following up that aftercare with them to follow up
[00:28:39] But the training was actually done that they're not doing it again, etc
[00:28:44] So the you can look at aftercare on both sides. Absolutely
[00:28:48] Just kind of a different treatment of that aftercare
[00:28:51] Because you mentioned policy
[00:28:53] What happens and what is?
[00:28:56] how do
[00:28:59] How does the employment
[00:29:02] How do they deal with things that aren't explicitly stated in policy or the handbook
[00:29:09] So when things happen
[00:29:11] That aren't covered right?
[00:29:14] Possibly cover every element of misbehavior
[00:29:17] correct
[00:29:19] And again, you're gonna say humans gonna human
[00:29:25] I'm
[00:29:28] Pretty sure we're gonna have a shirt. Oh
[00:29:31] We'll put the company name because that's pretty cool
[00:29:33] The but the thing is is okay. You're right can't cover everything policy
[00:29:38] Policies plural and also the handbook can't cover everything
[00:29:42] But something happens in the workplace and they have to deal with it
[00:29:45] So something then gets reported and everyone looks at each other goes I do not have no idea
[00:29:51] There's nothing to point to
[00:29:53] So how do they deal with that?
[00:29:56] Well, I would encourage
[00:29:58] organizations to make sure that they have
[00:30:00] clear
[00:30:02] Values with behaviors that anchor them
[00:30:06] overarching
[00:30:07] expectations of how we behave in the workplace and you can
[00:30:12] Cover a lot of ground with that and it you can make it pretty clear what is
[00:30:19] Acceptable and not acceptable
[00:30:21] Even if you don't have a policy that is explicit against that particular
[00:30:26] action
[00:30:28] And guess what? You might have to revise your policies
[00:30:32] More frequently than you thought because of how rapidly things are changing in the in the working world
[00:30:39] AI policies for example, I know you've been talking about that on your podcast and
[00:30:44] Just recognizing where your organization is is going and trends that are happening and being clear about that
[00:30:51] But I think that you know
[00:30:54] Values behaviors are really helpful
[00:30:56] You a believer in morality clauses if you're a buyer or seller worthy the Motley Fool deal
[00:31:02] buyer seller where you have on morality clauses, um
[00:31:06] You know
[00:31:11] Right, she's wiggling in her chair. I think I think you just
[00:31:17] What is the
[00:31:19] Hey, is it gonna is it gonna fit with what the company is trying to achieve right? Does it fit with the company's?
[00:31:26] overarching goals and I mean sure I think it could work but
[00:31:31] Depends on what organization pretty sure you were gonna start. Can you hear me now?
[00:31:35] Okay
[00:31:42] Where or who who in your organization is really responsible for transparency
[00:31:48] if you're building a transparent culture on the
[00:31:52] My mind says coming common sense mine says leadership, but you can have some really bad leaders
[00:31:59] In an organization right can well
[00:32:02] Most you know, yeah, so or at least there's that level of distrust from the employee population to the leadership
[00:32:09] So I'm looking at employee relations HR people
[00:32:14] Employees and then leadership the employees are in the center. They're kind of afraid to go to the HR group, right?
[00:32:21] They definitely aren't gonna go to leadership and there's a distrust there. So
[00:32:26] Who's responsible to kind of build that feeling of transparency and that ever welcoming feeling?
[00:32:32] Everyone yeah, I think it is everyone. I think that leaders certainly
[00:32:38] Have an obligation to be as transparent as they possibly can and
[00:32:44] HR leadership should equip them to do that should help them be able to articulate
[00:32:52] If it's about pay if it's about
[00:32:55] You know changes happening in the business environment
[00:32:58] HR should equip them to do that effectively and bolster them and give them the courage
[00:33:03] But they need to be able to do that. That's their job
[00:33:08] But it does involve some courage
[00:33:10] It is a little bit outside of maybe what many leaders grew up with and I don't know if it's a different expectation
[00:33:17] I don't know if it's her as much
[00:33:20] courage for Millennials and Gen Z
[00:33:24] Because they grew up with the internet and they grew up with a layer an expectation around transparency
[00:33:29] Right that they're just not willing to tolerate so they wouldn't even I don't I don't believe that they'd even consider courage
[00:33:36] It's just like hey this sucks, right? And then they'd say this sucks. They would like hold it to themselves
[00:33:42] Have quiet meetings etc
[00:33:44] So yeah, I think failure Ryan for me is when we say to HR you own culture
[00:33:51] Or you won't write DEI or you own transparency
[00:33:56] Because that's never going to work one person or even a team of people
[00:34:01] Can't own something as big as that. Like I hate that idea that
[00:34:06] Like DEI is, you know, Sally and Roberts
[00:34:10] It's like no it isn't
[00:34:12] It's a business issue overall. Yeah, yeah should be so
[00:34:18] What for the audience the because they'll see employee communications and they'll say they'll see employee relations
[00:34:26] What is the similarity and dissimilarity of those two groups of folks? How do they work together?
[00:34:32] Well, we think of employee relations as
[00:34:36] The function that's bringing the legal and emotional contract to life for the employer and the employee
[00:34:44] Right and nurturing the culture in you know, making sure at all levels like team level individual level
[00:34:51] company level organization level and
[00:34:54] communications is certainly important to help articulate that mission and
[00:35:00] to share
[00:35:02] You know what we would say should be pretty transparent practices. So I think there's a great partnership that needs to occur there and
[00:35:08] Certainly employee relations professionals have to communicate regularly with the entire business and again not be in the dark shadows
[00:35:17] Just fixing things behind under the radar but out
[00:35:21] Loud and proud about issues. They've solved the data that they're seeing trends that they're seeing
[00:35:27] That's how they're gonna get more credibility and build that trust with not just employees of the organization
[00:35:33] But leadership as well
[00:35:34] And so I think communications professionals can certainly help equip them to do that
[00:35:39] Yeah, yeah, so I've got a question here around
[00:35:45] Well, I'm trying to be nice
[00:35:52] I feel like I've been bad this entire
[00:35:56] Conversational is bringing the negative up
[00:35:58] I love HR people. They're just I be inside the workplace
[00:36:05] Everyone's gonna hate me here
[00:36:07] So, okay
[00:36:08] so of all the cases or all the investigations and and I don't know that this really is this isn't fully
[00:36:16] Aligned to the conversation but out of all the investigations that you're seeing in the workplace
[00:36:22] How do they stack up where is is harassment cases bullying cases top of
[00:36:28] Top of the pack here. What do we what are we looking at? I'm trying to get an idea of really
[00:36:33] What the cases are and how bad?
[00:36:45] Top 10 we do see cases coming back from they sort of took a dive during the pandemic
[00:36:54] Play here
[00:36:56] That's better than pulling out a PowerPoint so good thing no
[00:37:00] So the urine you're looking for the the different the different things that happen
[00:37:06] Reported what is the top? What are the top three? What are the top?
[00:37:11] Yeah, yeah, try here. What's trending there? Yeah. Yeah, we I mean we have
[00:37:16] Well, let's see. Let me see. It's all because I think we only hear about
[00:37:20] harassment cases and
[00:37:22] Things like that or
[00:37:24] There was a period Ryan where we talked about sexual harassment
[00:37:28] We had sexual sexual harassment policies and then we broaden that out to harassment policies
[00:37:35] And sexual was a spoke of a much larger. Well, yeah, we break it down into a different category
[00:37:41] So for those of you who want to download the seventh annual, which is last year's it's on page 26
[00:37:46] But what we found was and I should have known this off the top of my head because we talk about it all
[00:37:52] But mental health issues are actually the number one
[00:37:55] Issue that that was
[00:37:58] Investigated in 2022. We released this in 2023
[00:38:01] We have not found that that has changed as just a little teaser for this year
[00:38:06] and
[00:38:08] accommodation requests was coming in at number two which
[00:38:13] If you think about what has been happening with return to office, right?
[00:38:19] Yeah, that is also not surprising
[00:38:22] And then it's the usual things like job performance. So helping navigate
[00:38:27] performance concerns or performance issues and then
[00:38:31] unprofessional conduct policy violations
[00:38:33] discrimination to yeah
[00:38:36] Discrimination bullying
[00:38:38] Non-sexual harassment followed by sexual harassment and then retaliation and then after that it's things like threat assessments social media misuse
[00:38:47] Substance abuse theft
[00:38:50] Place pilot. Yeah, that's really interesting
[00:38:53] So that's really not is that how did that compare just off the top of your head?
[00:38:58] How did that how does that compare to pre pandemic now that brings it up another question?
[00:39:04] We did not see the same number of mental health
[00:39:08] issues prior to the pandemic or
[00:39:12] accommodations or
[00:39:13] Yeah, yeah, I think people have more courage now to come forward and say I need right there is less of a stigma
[00:39:20] Which is really good. It has meant that employee relations professionals have had to
[00:39:25] learn about
[00:39:27] mental health first aid
[00:39:30] Triage figuring out if somebody needs help
[00:39:33] What do they do equipping managers to be effective if they suspect somebody's in a mental health crisis?
[00:39:38] We actually did an empower webinar
[00:39:41] Conversation with about 30 professionals just last week on this topic. We're gonna have a follow-up. It was a really good conversation
[00:39:47] Again, I encourage everybody to join empower
[00:39:49] It's a really great community because this is stuff that we never used to have to navigate or we did but it wasn't
[00:39:55] Nearly as frequent right and there was taboo and all kinds of things routing it to people exactly
[00:40:02] mental health mental health
[00:40:05] Problems have been here since the beginning of time, right?
[00:40:08] It's it's only in the last couple years where people feel comfortable to say here's my diagnosis
[00:40:14] Here's the medicines that I'm that I'm taking right etc
[00:40:19] For that and what if I'm on a performance plan and now what do you do?
[00:40:23] How do you untangle all of this and do the right thing for the employee and the organization and hold them accountable?
[00:40:29] But also support them really challenging work
[00:40:33] Which is why I just think that they're heroes
[00:40:35] Yeah, we've had recent some podcasts on neuro diverse. Yeah talent
[00:40:40] talent and how
[00:40:42] Okay, the what we do in HR and how we treat people
[00:40:46] In a very similar way, which is kind of the backbone of HR is that we treat people
[00:40:52] Methodically, you know now you have neuro diversion
[00:40:56] Talent that bust out of all of those things. They need different things from you
[00:41:01] So it's like you can't treat people the same way in fact in doing so you can't recruit you can't retain etc
[00:41:07] So exactly. No, it's not equitable if you're doing that. So what is equity really look like what?
[00:41:13] Yeah, and you're not getting the best out of all of your people at that point either
[00:41:18] When you're not accommodating and I hear people saying it now everyone gets a participation trophy, but I don't think it's that situation
[00:41:26] I think it's you know, I think that's a lazy argument there
[00:41:30] Yeah, what's what do you tell like?
[00:41:33] Transparency seems to me to be a goal that you never reach
[00:41:39] Meaning the goal is to go towards that goal I get as far
[00:41:45] Towards that goal by the time you reach that destination the destination changes
[00:41:51] Possibly but you know, I would say
[00:41:54] Be bold and and try I think we could do better. We have an example
[00:41:59] Where one of our clients has been?
[00:42:04] using Microsoft Co pilot to
[00:42:08] Take transcriptions of the investigations interviews that they do
[00:42:12] They do all of them on teams and so it automatically transcribes and because it's co-pilot
[00:42:17] It's it's cordoned off within their own firewalls
[00:42:21] It's not going out, but they are able to take the entire transcription
[00:42:26] Put it into a word document co-pilot removes all of the noise so to speak
[00:42:33] Consolidates it and that person his team
[00:42:37] provides a transcription of every single interview that they do
[00:42:42] when there's an investigation with witnesses with the person who raises the claim the subject of the investigation and
[00:42:50] People in our community were horrified because we've had a debate for a long time about you record an interview or do you not?
[00:42:56] Do you just take notes and then you provide you provide a summary of your notes?
[00:42:59] But then they might disagree with that and he said look these are their words
[00:43:04] I'm giving them their own words and he said that what it did was it allowed for better
[00:43:11] Investigations because people were not worrying about taking notes
[00:43:15] They were listening to hear what the person said and then asking a question that made sense from a follow-up standpoint
[00:43:22] so getting a better resolution and
[00:43:25] they're able to
[00:43:27] Not spend their weekends typing up
[00:43:30] Interview notes that they took for this investigation to close the case
[00:43:33] They can do it in a matter of seconds and then have a case report that then of course they go through and make sure
[00:43:40] It's correct, but that kind of bold
[00:43:45] We're gonna just go do
[00:43:48] Transparency like this is the kind of thing that we need to see from our community and other business leaders
[00:43:55] So that we know what is the what is the end state to your point William like I?
[00:44:00] Wouldn't have thought of that. I mean it was amazing to hear that. Oh, you're gonna provide the transcript
[00:44:04] Okay, that is radical transparency, but it makes sense
[00:44:08] right
[00:44:09] They can't do it in the US Congress
[00:44:11] Because the US Congress has outlawed yeah Microsoft co-pilot so they can't use it there
[00:44:17] But I love the idea the intention is pure. Yeah, it is great
[00:44:22] Not unlike pay equity it raised the game
[00:44:26] You know the pay transparency on job postings raised the game for recruiters and HR people
[00:44:33] And comp teams and it does the same thing for ER professionals if we can be
[00:44:38] Brave enough to do it, and then I don't know William. Maybe it does get maybe we have to be even more transparent
[00:44:45] But like you have to start oh
[00:44:47] Yeah, no, I yeah, I was more or less thinking
[00:44:50] It's a similar thing that I have in my head around diversity and inclusion
[00:44:56] Do we ever actually reach the goal good?
[00:44:58] That's not the point right right the point isn't the do we the point is just start and go the direction
[00:45:04] Right and then and learn what's important to your people learn what it what do they value?
[00:45:09] What do they want to know about and how can you provide that to them while still you know protecting people?
[00:45:15] Sorry last question for me. Oh Ryan you got one. Oh, I was gonna just do my last question. I'll let you go first
[00:45:22] Are you a molly fool? Are you a buyer seller of HR annual reports? Oh
[00:45:27] I'm a big
[00:45:30] Did you say oh
[00:45:34] I
[00:45:40] Obviously no like
[00:45:42] Well, first of all HR. I'm a big fan of ER sharing what they have done so that right again for transparency
[00:45:49] I mean seems so obvious to me. It's like well. Yes. Yes. Yes. Yes data
[00:45:53] Tell the story show your work show what you're doing
[00:45:57] Use that to justify getting additional resources or additional technology or additional headcount like
[00:46:02] You're doing great stuff for your organization you've got to share it. Yeah, check
[00:46:06] You did recall those
[00:46:11] I'm not gonna ask another question. I think that's a perfect answer
[00:46:16] To end on but I will say if you're still listening
[00:46:19] I hope you are because this is the great conversation just make sure you like this subscribe
[00:46:23] You'll get more more more shows just like this and Rebecca will give us all the links that we need
[00:46:29] For those reports will drop them right there in the initial notes for everybody so thank you so much
[00:46:35] Thank you really been a good conversation. Thank you for having me it was a lot of fun


