ArLyne's Diamonds

A running commentary of ideas

Thursday, June 04, 2020

Onvestigating a Complaint in the Workplace


Topic Title:  Investigating a Complaint in the Workplace

Background:  Years ago, when children complained of being sexually abused, they were disbelieved and ignored.  When, in the eighties professionals realized that many of these allegations were true.  Trying to protect children they coined the phrase:  “Children Don’t Lie, Or if they do, they don’t lie about this.”  Thus all complaints were accepted as true even if the allegation was that the abuse had happened more than ten years prior to the complaint. 

Fast forward to now.  Thanks to some of the people involved in the #Metoo Movement we are now demanding that if a woman (and sometimes a man) complains of having been sexually abused they are automatically believed.  It is considered bad form and intrusive to question the complaining person. 

When doing evaluations of these allegations in the business world, we are told, over and over again that the complaining woman (and sometimes a man) is promised confidentiality and the alleged perpetrator has no right to face his accused.  Investigations if they are conducted at all  - are all too often conducted by a biased person who is looking only for evidence to support the complaint and the potential evidence to the contrary is ignored – or else that person is called a liar. 

Having “second opinioned” many of these poorly conducted investigations, I wrote the book:  Conducting Workplace Investigations: Designed Investigator. 

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Monday, December 17, 2018

Congress pays its own settlements


Labels



Received from:____________________________  Date:_____________

[     ]   Blouses                [     ]  Tops                                [     ]  Shirts
[     ]  Sweaters              [     ]   Skirts                             [     ]  Long Skirts
[     ]  Pants                    [     ]  Pant Suits 2 pc.             [     ]  Pant Suits 3 pc.
[     ]   Dresses                [     ]  Long Dresses                [     ]  Gowns
[     ]   jackets                  [     ]  Outdoor jackets             [     ]  Coats
[     ]   Scarves                [     ]  Shawls                            [     ]  Belts
[     ]   Hats                      [     ]  Gloves                            [     ]  Shoes
[     ]   Handbags           [     ]  Evening Bags                [     ]  Small pouches
[     ]   Other – describe ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 
  Weeee……….

Guess what?

Members of Congress will have to cover the costs of sexual harassment and retaliation claims out of their own pocket.  Up until now they were paid through a special taxpayer funded account.

They also opted to make the entire reporting and handling processes simpler and more transparent.

The power of women in office.   The power of #MeToo Movement

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Saturday, November 24, 2018

A Compliment or Harassment?




I visited friends for Thanksgiving Dinner.  My friend’s granddaughter, a gorgeous redhead in her early twenties and a recent college graduate and I were talking. 

I mentioned having just completed an on-demand course for Illumeo (see www.Illumeo.com) called “Don’t be a Victim:  Say No and have it honored” and told her a story I’d told in the course.

I too am a redhead – although significantly older than this young woman – but I too was young once and had all kinds of rude and lewd compliments and invitations thrown at me.  My father (a wonderful wise man) suggested that instead of getting insulted I take them as a compliment, smile, say thank you and move on.  A woman, he told me was like a work of art in a museum, men would look and some would comment, but they do not have the right to touch or take.  You, he said own your boy and only you can decide with whom you choose to share it.

That piece of advice has been enormously helpful to me – but this young women’s reaction was quite different.

She and her generation are determined to re-train boys and men so that they never say lewd and rude things again.
Yeah, that’s a good idea for their parents – but if an attractive young woman is walking down the street and some guys cat-call her shouldn’t she smile and walk on – or should she stop and give them a lecture on appropriate social behavior?
Me, I’d play it safe.

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Sunday, August 26, 2018

Anti-social not disabled


Priests, Teachers, Doctors, and other professionals – all taking advantage of their position of power to abuse young girls and boys.  It’s horrible.  It’s hard to imagine.  It’s real! 

We call them perverts – but that assumes they have some emotional – psychological or intellectual disability.  Most of them don’t.  They just have shut off their conscience – the “Jiminy Cricket” in their brain (reticular activating formation) that tells them that this is unacceptable, immoral and unethical behavior. 

Don’t make the mistake of forgiving them for being disabled.  At other times, in other cultures it was a natural part of the behavior of men towards young boys and girls.  They say that of the Ancient Greeks and of people from many Asian countries.

As we have evolved socially – ethically all modern societies have laws and codes of behavior precluding taking advantage of young girls and boys.  We – all over the world – have decided this is BAD.  So, don’t do it!

Some people think their own needs/wants supersedes the code of morality of their culture. They are above the law they think.  And so they mis-behave in what most of us consider heinous ways.

Thank You #METOO for putting a stop to these behaviors.  Thank You for lifting the carpet and exposing the rats residing underneath them.  Thank You for letting boys and girls all over the world know they can say NO and get out of a situation in which they are about to be misused. 

But, I have to say again as a warning – let’s keep some balance here – let’s not automatically assume guilt anytime – everytime someone shouts harassment. 

Training is critical – for adults and children – and it should be friendly, interactive, role-playing and lots of q&a….. Let people explore and learn together.


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Wednesday, July 25, 2018

Bill Cosby: Sexually Violent Predator


Bill Cosby:  Sexually Violent Predator

I grant you that Bill Cosby is a “dirty old man” and deserves punishment.  BUT calling him a sexually violent predator is really an exaggeration.  His reputation has been (self) destroyed.  His life is close to being over....  he is clearly not a danger to anyone.

I am bothered by this designation because it diminishes the importance of using it for men who are predators – who seek out young girls and boys to rape.

We need to be careful that we don’t become “the boy who cried wolf” when we call someone names.

Bill Cosby is a creep – but a danger to others?  I doubt it.

Why do I care?   

Because I don’t want to see #METOO become a laughing stock or ignored because it has lumped all levels of harassment and abuse into one giant category. 

Recently, I was at a meeting where they were condemning someone for having used foul language, told dirty jokes and touched a woman on her knee.  There were a series of speakers – and each one said something stronger about this man than the one before her.  He went from being a creep, to a harasser, to a rapist, to a pervert to a pedophile.    The behaviors didn’t change – just the name-calling.

Although his behavior was inappropriate and he deserved to be admonished for it – and maybe even suspended, I don’t think he deserved this gross exaggeration of titltes.

Let us not make light of people who are pedophiles or rapists.





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Wednesday, May 23, 2018

Hot House Flowers

Are we going too far?  Will all our demands for safety backfire?   The latest that concerns me greatly is the rejection of working in open spaces as being equivalent to being seen at a nude beach.   I think that is ridiculous and over-kill.

Have we become hot house flowers - so weak and vulnerable that we need all this special protection?   Will we be wearing burkas next (no disrespect intended  to those who are more comfortable in burkas)   By that I mean, do we need to start hiding to feel safe?

We fought so hard for equality.  Why are we fighting now to be coddled?

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Wednesday, May 16, 2018

Timing is eveything

Last night at the City Council meeting I found myself having mixed thoughts and mixed emotions.  I was emphatic and proud of the young women who came forward to complain that they felt uncomfortable because of Dominic Casserta's unwanted attention towards them.  Proved to me, whether I liked it or not, that Dom was a sleezy jerk.

Yet, I was also bothered because as the night progressed the words used to describe him and his behavior became more and more extreme.  He went from being a jerk to being bully (fair enough) to being a predator (not so sure) to being a pedophile (not so!.)

I found myself thinking this is an example of mob psychology - the emotions and rhetoric builds on itself and becomes nastier and nastier - angrier and angrier.  in another era this would have built itself to a lynching mob.  Good thing we are at least somewhat more civilized - and of course, we had our police there.

I also found myself having mixed emotions about the role of our Mayor and City Council members.  On the one hand I applauded them for taking the time and trouble to bring this to light and to allow so many people to express their feelings.  I could see how touched our City Council members were as they listened.

Yet, the cynic in me couldn't help wondering about the timing.  Dom has taken unpopular positions on the council and there are those who would have liked to see him gone - having nothing to do with the accusations.  Was this a set up?   Did our Mayor and her team find people they knew who had made complaints years ago bring them up again?

Too Dom is running for County Supervisor.  So too is another man I know - and he too is now being vilified for harassment behaviors that were alleged to have happened years ago.

Why now?  Has the #MeToo movement reminded people of events from long ago and given them the helping hand to be strong and come forward now.  YES, a resounding YES.

BUT, I can't help but wonder at the timing.  Has the movement also made it all too convenient for those running for office to be destroyed by their opponents?

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Saturday, May 12, 2018

Should harassment be treated the same as abuse?

I abhor sexual abuse - or abuse of any kind for that matter.  I am delighted that #MeToo has brought out so many people (mostly women - but some men) to tell about what happened to them YEARS AGO and some recently.

BUT to ruin lives about some stupid remark, or awkward requests for dates doesn't seem fair at all.

I find it particularly obnoxious that now that we are in an election cycle so many people (mostly men) runnint for office are being accused publicly of alleged behavior that happened so many years ago.

Rape - violence - abuse - should be prosecuted without a statute of limits.  Harassment - meaning annoying, irritating and often stupid behavior should have a statute of limitations.  Either you report it formerly within six months or it can't be made public..... That's the only fair way to apply due process to what would be  an infraction or misdemeanor at most.

YES, let's stop harassment, abuse, rape forever.   But how far back are you willing to go to ruin someone's reputation, profession and possibly life because of some stupid inappropriate behavior that happened more than 10 years ago. 

Should we be treating these stupid harassing behaviors the same as violence, abuse, rape?

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Wednesday, April 25, 2018

Men and Women need to change

To just blame men for harassing behavior doesn't seem completely fair.  Some of them are clueless - until we women clue them in.  If we smile and pretend we are OK with behavior and words we find offensive - we are not giving clear messages.

Women - be strong.  Be direct.  Say NO.  Say strongly I don't appreciate that humor, please avoid it around me. 

For those of us women who do know how to push the jerks away -  let;s help our more vulnerable sisters and brothers.  Let's teach them how to be strong and how to take care of themselves.

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Tuesday, April 24, 2018

#MeToo could become #YouToo

It is shocking to learn how many companies are still avoiding offering training in proper workplace behavior (alias:  Preventing Harassment , Discrimination and Bullying in the Workplace.)

Others, onl;y thinking about the cheapest and easiest are providing the basic on-line training complimenting themselves on being in compliance.

Sure, you may be in compliance, but the research has shown that poor to mediocre training doesn't make any change.  If you want to really change attitudes and behavior you must provide opportunities for discussion, Q&A and role-playing.  This can only be accomplished with face-to-face training.

My clients report having far greater understanding  of why behavior that they thought was OK was actually found to be offensive by others.

So - do you want a lawsuit?  Do you want to have to fire someone who misbehaved?  What bout you losing your job and reputation - it has happened to prominent CEOS.....

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Tuesday, April 03, 2018

Just claim discrimination many years ago


Just claim discrimination!

WOW – it seems that the latest scam is to claim that many many you were fired due to discrimination, and you want to sue and be compensated for it now.

Well, I was fired many years ago because I wouldn’t accept my boss’s invitation to sleep with him – actually I laughed in his face.  But I, like many others who are or were competent just shrugged it off and got another (and better in my case) job the next day.

NOW, that doesn’t mean that I think all people are capable of shrugging it off and getting a new job.  I absolutely believe in the importance of those of us with more resources (as I recall, I was still living in my parents’ home) helping to stop the exploitation of those more vulnerable. 

But, what bothers me is the political football crying I was harassed, abused or discriminated against has become.  How can we go back many years ago to determine if the complaint is true or false.  Obviously we can’t.  That’s what makes this trend so dangerous.
Innocent until proven guilty.  Due Process.  Have they all flown out the window?  Can anyone make an accusation and have it automatically believed?  I hope not.

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Monday, April 02, 2018

Claims of harassment/discrimination as a political weapon


Accusations abound and I suspect many more will be forthcoming now that we are in election season.   Complaints of sexual harassment and/or discrimination have become the newest weapon in the arsenal of “opposition research.”

I recently read about a female Sheriff being accused of discrimination against a male deputy in 1995.  Yes, you read it correctly 1995.  Why?  Because she is coming up for re-election. 

Why now, over twenty years later has this allegation erupted?  What other reason could there be but a political one?

Did President Trump have a one-night stand with a porn star?  I don’t know and frankly, I don’t care – if it happened it was many years ago.

Lest you misunderstand me:   I detest the exploitation of women and the objectifying of them.  I am a staunch supporter of a safe and neutral working environment – and offer courses to enable people to understand how to make it and keep it safe. 

BUT – to go back more than twenty years ago just to dig up dirt on someone – or even more than ten years ago – seems to me to have other motives than to purely cleanse us from the abusers.

Times have changed.  As more and more women are in power in both the workplace and political arena the old “boys will be boys” attitude will disappear.  Who knows what will actually take its place.

But remember, back in the day – men – powerful men in particular – having affairs was common and socially accepted as long as it was discreet.


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Saturday, March 24, 2018

Harassment claims cost thousands of dollars


The headline reads:  Court council has paid $500K to settle sex claims!

And, these are supposed to be our leaders!

How much money are you willing to risk before you decide to offer your entire staff face-to-face training in proper workplace behavior?

Research shows that the standard on-line course in preventing sexual harassment – although meeting legal requirements – doesn’t change people’s attitudes or behavior.

So, do you want the cheapest solution?  Or one that helps people really understand the issues?

It’s about changing the office/factory/warehouse culture.  People need to understand that what they think is just kidding around is really offensive to others.  People need to understand that here in the USA we don’t condone any form of emotional or physical abuse of people.  No one has the right to harm another person.

What are you doing to make sure you don’t have to shell out hush-money?


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Thursday, March 15, 2018

Zero Tolerance is a Mistake


Once you state that your policy is “zero tolerance” you are forced to fire or expel anyone who behaves in the way you have defined as unacceptable.  

You might recall the case of the little boy in kindergarten who kissed a little girl on the cheek and was expelled because of the school’s sexual harassment policy.  A kindergarten little boy – sexual harassment – really? 

Or the case of a child inadvertently taking his mother’s lunch bag.  She discovered the mistake shortly after he left for school and called the school explaining the mistake.  BUT, since Mother had a paring knife and an apple in the bag, her son was expelled for carrying a weapon. 

Zero Tolerance sounds good – but what happens to a valuable member of a club when he tells an off-color joke?  Should he be expelled from the club.  That is what zero tolerance demands.  Is that really what you want? 

It seems to me that what you want is to stop inappropriate behavior.  The dirty-joke teller needs to be counseled never to do it again.  If it is repeated he needs to have some sanctions, possibly a suspension or a fine – but expelling a valuable member of the club from the club is too harsh. 

Now, I hasten to add – I am not talking about sexual abuse.  I’m talking about minor infractions such as “dirty words” or off-color jokes.  Anyone that physically harms another person doesn’t deserve to be in my club.

Ayn Rand often said:  “My rights end at the bridge of your nose.”  I like that quote

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Friday, March 02, 2018

Cursory training not good enough

Until recently many companies found the cheapest on-line two hour training  they could buy and brushed off their hands happily feeling that they had met the requirement for prevention of sexual harassment.   Well, yes they met the legal minimum bur all the research coming out lately is showing that this type of training doesn't change attitudes or behavior.

It takes a very interactive type of training with lots of examples and give and take conversationally to change minds, hearts and attitudes.  Until those change behavior will no change.

Men and women react differently to similar situations.  People from different cultures have different standards of behavior.  We need to lean about each other - not merely be told about all the lawsuits for misbehavior.

Most of us - men and women - want to do the right thing.  Some of what we do though is not perceived as right by the other person.  WHY?  Why aren't they more like me?   Answer because they were taught differently.

Let's learn from each other so that we don't inadvertently hurt or insult the other person..

and yes, there are jerks and bullies and people who just plain like to make others squirm so that they can feel more important.  We need to stop these bullies force ably.  We need to role-model appropriate behavior.  We need to stand up for those more vulnerable than we.  We need to teach young women and men that they can and should say NO loudly and when they report abuse they will be taken seriously.

This is no matter to pay lip service to.  We must really take the time to help people learn how to behave with each other.

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Thursday, February 22, 2018

The sanitizing of America

Between complaints of micro-aggression and complaints of harassment we are demanding that everyone behave perfectly at all times, and never say or do anything that might hurt the feelings of another person.  We are sanitizing our behaviors, words and even to some extent our thoughts.  No political disagreement possible.

This frightens me.  I strongly concur that we need to stop bullying, abusing and taking advantage of  people who are more vulnerable than those who aggress agains them.

But to have someone lose their job because they made an inappropriate remark?

To have someone sanctioned because they had a thought that disagreed with the more popular points of view?

These demands are creating something much worse than THE NANNY STATE - they are crating what Ayn Rand described so vividly in her book ANTHEM.  WE ARE SANITIZING AMERICA

IT'S FRIGHTENING.

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Saturday, November 23, 2013

Investigating an Allegation


This is another topic about which I’ve written previously.  If I recall correctly, the last time was when an executive I knew was accused of creating a hostile work environment.  When I reviewed all the documents in the case, including all the interviews by the investigator, it became clear to me that the investigation was poorly conducted with the investigator looking only for those things that supported the allegations and rejecting any information that would support a finding of innocence, or mis-understanding.
When I do the investigation/evaluation, I take the time to do a thorough process and have saved several people’s jobs and helped to avoid several wrongful termination lawsuits by finding more realistic solutions to the problem (let the punishment fit the crime!)
It happened again recently.  Instead of due process, or even listening to the point of view of the person being accused, all people conducting the investigation parroted the information received by the first person (an amateur) who did the investigation.  Facts didn’t matter.  Truth didn’t matter.  A job was lost because of really poor investigation processes.

So, my advice again:  BE NEUTRAL.  Be prepared to listen to the reasoning of the person being accused.  Often the “crime” is merely a mis-understanding that can easily be corrected, or a mis-interpretation of the facts.  Don’t over-react.  Don’t be so sure that the beginning information is the complete story.  Don’t assume the worst.  BE NEUTRAL. Be careful.  Be thorough.  Give the people involved the benefit of the doubt and full due process.

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Friday, July 08, 2011

When lifestyles clash in the workplace

What happens when a small team of workers reports serious conflict because one of among them is very religious and is horrified about the lifestyle of the others. When HR investigates they discover that the conversations of the others on the team (all of whom work in very close physical proximity to each other) would be considered within the normal range by most people.

For example: One woman is delightedly reporting the progress she and her lesbian partner are having with their plans to adopt a child. A man, who won a bunch of money gambling last weekend in Las Vegas is sharing his joy at his good luck. Another woman in the group recently divorced is talking about meeting some men and having new dates - just dates.

If you were HR how would you handle this matter? Clearly this is a clash of beliefs and your investigation disclosed that there was nothing untoward in the conversations and looking at "the reasonable person" standard, the conversations did not rise to the level of "hostile work environment."

Assume that this group must continue to work together and to stay in close proximity.

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Friday, February 25, 2011

Diamond's to You: February 2011 Newsletter

HI: February and we are finally getting some rain and cold weather. I love the cold. Wish it would snow instead of raining though. It was fun watching TV and seeing the kids play in the snow on the mountains. I was jealous. I recall all the fun we had sledding down the hills in The Bronx. Or snow-forts and snowball fights. The streets were our playground whether in good or bad weather. AUFIN: Advisor to Kings At the bottom of my newsletter I suggest that you allow me to be your Aufin… your advisor to Kings. I make this suggestion because I often act as al sounding board and advice giver to Business Owners, CEOs and other executives. For example, a few years ago, I advised one of my CEOs not to allow the VCs to bring in “professional management” because he was a superb Leader and had a winning team. I’ve often used this organization’s executive team as examples of how to lead and manage correctly. My advice was heeded. He held out and eventually sold his business to a much larger one at a huge profit. One of my most favorite clients is a woman who calls me her “secret weapon” and with whom I worked for a few years helping her grow professionally. Today, she has a very senior position in a very large company. Another example, was when I advised someone not to interfere with the decisions being made by a family member owning a business, but not running it wisely. My advice was taken and a family crisis was averted. Instead of the brother feeling emasculated, which he would have had my executive interfered, he later came and asked for advice and felt good about the two of them teaming up to make his business better. Or, the woman who hated her promotion but was afraid to ask to be given her old position back, for fear they would think less of her. I suggested how she go about making the request which she did and was ultimately very happy. How about the woman who wanted to tele-commute some years ago when working in a company that had never allowed it. We worked out a strategy for her – she presented her plan, after a few back and forth meetings, her plan was accepted, and now 14 years later, she is still telecommuting. I’ve helped another CEO write a proposal and plan his presentations both formal and informal for a huge contract – which was rewarded to his company. Whether you call me consultant, coach, mentor or Aufin – I help my clients solve problems and can help you as well. HOA Hell Who becomes a member of the board in your homeowner’s association? Are there any business people on the board? Are there attorneys? Are there professionals who understand business, association management, or even financial statements? Over and over again I am learning about board members who completely leave the decisions to their property manager. They assume that the property manager knows more than them, which unfortunately might be true. I think many boards abrogate their responsibility. They allow the property manager to select vendors, to pay the bills, to select bookkeepers, attorneys and anyone else required. They listen to what they are told without question. They even allow the property manager to take the minutes of the meetings (a really bad idea) and to produce the newsletter (which is usually boring and full of “though shall nots”.) I know of boards whose property managers tell the members of the association that they cannot communicate directly with board members, but must send all e-mails and other forms of communication through the property management company. There are property managers who advise their boards to demand proxies from members of the association and threaten fines if proxies are not received. This is hardly a request for voluntary proxies. If you are a member of a board of directors, you really should take your responsibilities seriously. You need to learn the rules and regulations governing your type of association. If you are an HOA in California, you need to review the Sterling-Davis Act. Other states probably have similar legal summaries. It would also be a good idea to join the local association of HOAs – here in Silicon Valley it is ECHO. If I were selecting a property manager, I’d be sure to check out his/her reputation before selecting the “low bidder.” The low bidder is usually low for a reason. I’d also realize that there is a potential conflict of interest in allowing my property manager to select vendors, professionals, prepare minutes, send out newsletters, etc. This locks in their favorites, their point of view, the information they want to disseminate and no other. We live in a country with checks and balances. The three branches of government were created precisely to prevent one from over-powering the citizens. Shouldn’t HOA associations take their lead from our Constitution? Conflict in Today’s Workplace: Problems and Solutions In a radio interview, I was asked if I thought there was more conflict in the workplace today than in the past. My reply was “Yes”. We have become more diverse, more complex, and more informal. These changes are wonderful, but they bring with them misunderstandings and conflict. One of the most common assumptions we all make is that the other person sees the world exactly as we do – or at least almost exactly. This assumption leads to misunderstanding and conflict – especially in today’s diverse and global workforce. Not only are there differences in country, religious, and ethnic backgrounds, but we have gender and age differences as well. There is wide variation in world-view, values, standards and beliefs about “this is the way it is”. Some of the Causes The fundamental Differences of Ordering Information Starting with the most fundamental: Internally, we order our world by sensation, perception, and abstraction. Sensation is the information received purely by the senses of sight, smell, touch, sound and kinesthetic. Perception is the manner in which we personally order our sensations and finally, abstractions is the higher order clustering of our perceptions. Values, ideas, creativity are all part of abstractions. One would think that the differences lie solely in the area of abstraction. Not so. Differences start at the very start of sensations. Let me give you an example. I am a redhead with very fair skin, light aqua eyes and lots of sensitivities because of it. I’ve even referred to these sensitivities as “the canary in the coal mine” in an article I wrote. Bright lights hurt my eyes much more quickly than they do for a brown eyed person. Loud noises make me jump. Going out in the sun for more than a few minutes turns me beet red and sometimes even hospitalizes me. I get my Vitamin D from the sun very quickly – whereas a brown skinned person needs to be out in the sun much longer to get the same amount of Vitamin D, and he/she doesn’t often burn so quickly. So, there you have differences in how the same sensation is received by different people. Now, when we receive this stimuli, we order it into perceptions. Hard, soft, red, blue, quiet, loud, table, chair, good, bad, etc. Our prior experience, based on our environment, our DNA (yes, genetics plays a part as we are learning more and more) and how we were nurtured, taught, and raised in general. What might seem right for me – such as holding my fork in my left hand and my knife in my right when cutting my meat and then switching them to eat (how inefficient!) whereas people from Europe do the opposite and people from Asia use chopsticks. As an American, I drive on one side of the road, but in London they drive on the other side. Language is interesting as well. Words that have “dirty” connotations in one country, do not necessarily have the same connotation in another. One example is that the word “fag” refers to a cigarette in England. Since there is variation in sensation and perception, our starting places are different. Now, language plays a role – a big role – in how we order these into abstractions. We adults operate primarily from our abstractions. Quality, Timeliness, Ethics These are high order abstractions and their meaning varies tremendously across different groups of people. For example: Growing up in a middle class family, my expectations about quality are extreme. I want the seams matched on my clothing, the carpeting mitered correctly in the corners, and no typos in my documents. Someone coming from a very poor background might not even see the things I notice. Wealthy women in El Paso, just across the border from Mexico have day-workers who come each day and return each night. During a Board of Directors’ training there, I was told that some of the women in the Synagogue wanted to know why their day-maids (who hardly spoke English) couldn’t substitute for them in their volunteer commitments. In many Latin countries, time is fluid. An American flying to keep a pre-arranged appointment can be told that the person she was meeting was unavailable because of a family event. Family comes first. What we see as bribes, others see as necessary gifts in order to get business done. What we might see as cheating, others see as team work and collaboration. Sexual Harassment Sexual Harassment is a prime example of an abstraction of a cluster of behaviors that have different meaning to different people and leads to workplace conflict. I conduct sexual harassment/discrimination and diversity training for many of my corporate and government clients. Among the exercises I use when training to understand these issues is a series of vignettes that my participants need to grade on a scale of 1 – 5, with 5 being the most severe and 1 the most benign. Participants from India, for example, when given these vignettes, almost always grade each of the items as a 5 – or most severe. Americans show a range of answers to the same questions and Europeans sometimes laugh at some of them thinking they do not even rise to the level of being an appropriate vignette for the exercise. In the Indian culture, you show respect – deep respect – for women. Therefore, you don’t tease them, touch them, comment on how they are dressed, groomed, or look in any way. In America, teasing – good natured ribbing – is very common among men and some of them have yet to realize it is far less common among women. Italians and French say “viva la difference” and love harmless flirting – which could get them fired in America. Very religious people are offended by even the mildest of what we consider “dirty words” – or profanity. Women who dress very conservatively are shocked by women who wear low cut or revealing clothing. So, when teaching avoidance of getting in trouble, those of us who teach these programs need to emphasize the importance of being extremely conservative in our professional workplace behavior. Insults are in the ear of the receiver: There are words and expressions that have emotionally charged connotations for a specific group of people. Often people from other groups use these words loosely, not recognizing the negative and sometimes quiet hostile and frightening connotations. The so-called “n” word because it is considered so insulting is the classic example. But, there are others as well. “Jap” for someone of Japanese heritage, “Oriental” for people of Asian descent are just two of many examples. I’m Jewish. When someone talks about “jewing them down” meaning negotiating, I cringe. Native Americans don’t really like it when we talk about being “An Indian giver.” So, although beauty may be in the eyes of the beholder, insults are in the ears of the receiver. What I tell my clients is to realize this and to recognize that if someone is insulted by what they say, whether they agree it’s insulting and inappropriate or not, they should stop saying it – unless of course they really want to be insulting (and possibly fired from their job.) Management and Collaboration Styles In many countries of the world, and in prior years here in the USA, the workplace consisted of a clear authoritarian structure and chain of command. The scarcity of jobs and the need to feed the family left many people passively submissive to any orders given them by their “boss.” Workers obeyed orders, kept their gripes and personal issues to themselves, and rarely defied authority. Today, many of us are “knowledge workers”, with education, freedom, and opinions of our own. We need a more participative and persuasive form of management, not an authoritarian one. Yet, many of our managers are older and “old-style.” We have managers all over the world with different styles and workers all over the world with different expectations and experiences as to how they should be managed. The games we play as children have an effect on how we manage and want to be managed. Girls play house and actress and roles are equal. Boys play sports where there is a clear structure and chain of command. Yes, this is changing today – but not totally. So, I’m offering a generalization (not a stereotype – which I will discuss next) in order to explain some of the misunderstandings and conflict common to today’s workplace. Because of these early childhood experiences many women tend to be more collaborative than men. We like to talk things over. Men, less verbal and more action oriented are more likely to think things through in their heads and then offer a pronouncement of their decision. Some women bristle at this style, others learn to adapt. Men are also learning to adapt to our more egalitarian, collaborative and discussion-involved style. A funny example: Prior to women being made partners in Law Firms, men knew their place. The junior associates, when invited into the staff meeting, were there to receive information, not offer it (as in children should be seen and not heard). The senior partners could discuss issues brought up by the managing partner. Others could not. Well, we women never learned those rules. When we came in, we thought we had an equal right to raise our opinions. In the beginning of the changes, heads rolled. Today, of course, there is an integration of men and women and diverse styles even in the law firms staff meetings. Generalizations, Stereotypes and Prejudice OK, before I go any further and get into trouble, let’s make some distinctions. A generalization is a statistical average. “Most people” are … or do …, etc. Height is a good example of this. The generalization: Most American women are between 5’4” and 5’8”. Does that mean all women are – NO. Does that mean someone smaller is not American – Not necessarily. But the generalization helps clothing manufacturers. The stereotype is to believe that all women must be between those numbers and that someone is not a woman if they are either taller or shorter. Finally, the prejudice is to pre-judge any woman before even meeting them, or measuring them. Generational (and Cultural) Differences People who believe you work hard in one company and value their job security above other things have a different attitude towards work than those who believe that they have many choices and only work in a company as long as they are “having fun” and “being appreciated.” Generation X, for example is said to want balance in life between work and home. Others are willing to work 14 hour days 7 days a week. Distant Teams We are often working with people we’ve never seen. They may be across the street, working at home in their pajamas, or across the world. Our contact with them is mostly by e-mail and none of us see the expressions on the faces of those with whom we interact. Mis-understanding because of e-mail are one of the leading causes of today’s workplace conflict. Stress of the Many Hours at Work It’s hard to remain pleasant when exhausted. Here in Silicon Valley, and in its counter-parts in many other parts of the country – and the world – are working very long hours for months and years at a time. The adrenaline rush that allows for us to do extraordinary things in emergency situations burns out over repeated stressful events an times. We are depleted and react negatively from our perpetual state of exhaustion. We may be working longer hours, but we really aren’t being more creative or productive. We make more mistakes because of this state of exhaustion. Stress causes us to be less tolerant of others and to snap at small things. The Tyranny of Pleasantness Although this topic deserves an article all its own – maybe even a book – let me give a brief explanation here. We work in groups and teams and decisions are not made by secret ballot. We try to reach consensus and have been admonished if we disagree more than mildly. “Tall poppies get cut down”, “Tall nails get hammered down.” This leads to us going along to get along. We don’t want to make waves. We don’t want to stand out as the person who holds up the decision – the unpopular one. So, we go along to get along –and sometimes bad decisions result from us not arguing our opinions Understanding and Training Since people of all genders, ages, cultures, styles, beliefs and expectations will continue to work together physically or virtually, we need to learn to understand each other better, and to have a shared set of workplace values and expectations. So at the least we need: · A common culture – core values – with clearly defined behavioral expectations, set out in policy manuals and reinforced by training, and by management training as well. · Diversity training that teaches us not just about food and dress differences, but how to really understand cognitive, communication, and cultural differences. · Acceptance and recognition of the differences, from conservative to liberal (and I mean more than just politically.) · More attempts to clear up disagreement through conflict resolution, rather than sanctions and punishment. What is Conflict Resolution? Who Do You Believe? The tendency is to believe the first person in your office – the one making the complaint. They touch our hearts and we rush to their defense. This can lead to all sorts of problems, because you then accuse the person being accused – and if you conduct an investigation you often do so with your assumption that you are looking for evidence to support the view of the complaining person. I’ve seen many investigations – by seeming experts – who state that anyone who voices an opinion not supporting the allegations is either lying or denying. Evidence in support of the allegations is the only evidence considered valid – and the truth is often destroyed. Neutral investigations are not merely whether an insider or outsider conducts it – it is a matter of assumption. Neutrality means you don’t know the answer ahead of time. All information received is potentially valid, not just that supporting one point of view. How do you handle it? Many managers and HR reps. Think they need to be Judge and Jury when they receive a complaint. Quite often that is an inappropriate response. Even Solomon had difficulty resolving a dispute between two women each claiming to be the mother of a particular baby. Most of our workplace professionals are not trained to do investigations or neutral evaluations. If the charges are serious, they might need to bring in a conflict resolution expert. If the charges are mild, as most are – my recommendation is to bring the protagonists together and help them talk things over with mediation and if necessary, conciliation. Policy, Procedures and Sanctions Before I go into details of conflict resolution, let me set the stage by suggesting that all companies, no matter how large or small, have a set of policies and procedures with clearly defined sanctions for violations. I’d also suggest that the punishment fit the crime. Just as the criminal justice system recognizes the difference between an infraction, misdemeanor, felony, etc., so too should policy makers in the workplace. Zero tolerance as a strategy often backfires. There are well-known examples from the school room. A Kindergarten boy was expelled because he kissed a little girl on the cheek – they called it sexual harassment. A young boy was suspended because he accidentally brought his mother’s paring knife to school when he took her lunch bag instead of his own. Even though she called the school to explain – he was suspended for bringing a weapon. Then, most recently there was the school principal who wouldn’t let an ambulance onto the football field to pick up a badly injured player because she had been told not to let cars onto the football field. On the other hand, we need to document even the mildest of infractions because we do want to be aware when there is an on-going pattern of misbehavior. The manner in which we document is critically important. Facts, not feelings are mandated. Quoting others directly (with their signature) is more reliable than paraphrasing. If venturing an opinion, it should be so stated, not entered as another fact. Finally, all documentation of this nature needs to be centrally located (HR is the place) and in a locked file. Conflict Resolution – Alternative Dispute Resolution Arbitration Arbitration is a slightly less formal manner of adjudicating a dispute. The arbitrator receives evidence, listens to testimony, hears witnesses and renders a verdict. This is very much like a Judge in court. Indeed, many arbitrators are retired Judges. This is not the best strategy for HR or management in most companies. Mediation Mediation, which is my favorite (although I do the others as well) is the process of bringing the parties together and helping them talk about their issues so that they can resolve them themselves. The mediator does not make the decision. She facilitates the process. Really good mediators allow the emotional content and context of the disagreement to emerge, knowing that the air must be cleared before rationality sets in leading to a healthy resolution. In mediation, you want the parties to be able to work together after the conflict is resolved. That’s one of the reasons it is the best strategy in the work place – except in egregious cases. Conciliation Conciliation is the process of the facilitator being a go-between between the parties. Usually the parties are in separate rooms and the facilitator acts as a translator going back and forth from one party or group to another. This might be helpful when the conflict is so harsh and you fear bringing the people together – or in large group disputes such as union v. management disputes. Generally speaking though, it’s not the most effective way of helping people resolve their differences. I must prefer mediation. Conclusion This might sound naïve, but I firmly believe that most people want to do good – not bad. If they hurt each other, it’s usually due to lack of understanding or misunderstanding. Even if I am sometimes wrong about this, it’s the better assumption when conducting evaluations or investigations. Yes, some people are evil. There are the bullies who take advantage of the more vulnerable – and that’s why we have created these workplace rules to protect those needing protection. But, don’t let your own prejudices – such as people who complain are telling the truth, or men always sexually harass women – or even zero tolerance means throwing away common sense – get in the way of making rational, reasonable, and charitable decisions.

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Sunday, September 09, 2007

Innocent Until Proven Guilty

You'd think this was a new concept - but it is how our body of law has been created. Yet, over and over again I see examples of the presumption of guilt.

  • Investigators looking only to confirm the point of view that the person alleged to have done something wrong is indeed guilty - ignoring all information that would provide an alternative point of view.
  • Homeowner's associations, particularly mine, who listen to a complaint and without investigating it, send a sanctioning notice to the persoin being complained about.
  • People on jury's saying "I know he is guilty, because the case wouldn't have gotten this far if he was not guilty."
  • A willingness - maybe even an eagerness - to listen to bad things about others and automatically assume they are true - yet on the other hand we look for the feet of clay for anyone held up as a hero - or good guy.

When I testified in court years ago, the judges I knew tried to stay neutral. When I teach alternative dispute resolution, investigations of allegations, prevention of sexual harassment and discrimination, and other similar courses, I repeat over and over again "The Tendency is to believe the first person who comes into your office. You must resist that tendency".

Can we please go back to an American society wherein we believe person to be innocent until proven guilty - and not jump to unjustified conclusions?

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