0:00:05.680,0:00:08.480 Good afternoon everyone we're going to give people. 0:00:08.480,0:00:26.080 A few minutes to log on and  we'll get started shortly. 0:00:39.040,0:00:42.640 Hi everyone thanks for joining us  today we have a large group so we're. 0:00:42.640,0:00:50.560 Going to give people a minute or two  to log on and then we'll get started. 0:01:26.480,0:01:31.440 Good afternoon everyone thank you for joining  today's webinar navigating the rise in complaints. 0:01:31.440,0:01:35.360 Turning risk into opportunity we're recording  today's session and we'll share it with you. 0:01:35.360,0:01:40.240 Following the webinar if you have any questions  please use a q&a function on your zoom panel. 0:01:40.240,0:01:45.680 Now i'd like to hand it over to our moderator  for today's session hr b hr cuties hr business. 0:01:45.680,0:01:52.000 Partner courtney mochin thank you so much lexi malone  and hello everyone it's wonderful to be with all. 0:01:52.000,0:01:57.440 Of you this afternoon um i'm really excited to be  moderating today's session on navigating the rise. 0:01:57.440,0:02:04.080 In complaints turning risk into opportunity um but  before we jump into today's very timely session i. 0:02:04.080,0:02:11.120 Want to spend just a couple of minutes chatting  about hrue um so at hr acuity we are the leader. 0:02:11.120,0:02:17.600 In strategic employee relations we have a suite  of product offerings that provide comprehensive. 0:02:17.600,0:02:23.520 End-to-end employee relations and investigation  solutions uh from allegation all the way through. 0:02:23.520,0:02:30.240 Afterare and everything in between we  have product offerings for employees to. 0:02:30.240,0:02:35.600 Um have speak up reporting um so for employees  to anonymously report issues and concerns as. 0:02:35.600,0:02:40.640 They come up we have our manager solution  which provides opportunities for managers. 0:02:40.640,0:02:46.400 To be able to document and respond to issues  as as they arise on their teams we of course. 0:02:46.400,0:02:51.040 Have our platform products which allows our  our employee relations and hr professionals. 0:02:51.040,0:02:57.520 To effectively document and manage concerns  across the organization um and for both er. 0:02:57.520,0:03:02.880 Investigations and case management and then  of course all of these product solutions are. 0:03:02.880,0:03:10.800 Complemented by our ai and analytics all readily  available at your fingertips so in addition to. 0:03:10.800,0:03:18.640 Our product solutions uh we we also have um some  opportunities for you to engage with hr acuity. 0:03:18.640,0:03:23.280 Um a couple of different ways here so we have  our annual employee relations benchmark study. 0:03:23.280,0:03:28.800 This is the go-to resource for employee relations  leaders packed with valuable insights and data. 0:03:28.800,0:03:34.560 The eighth edition is available now for download  with our ninth edition coming soon so stay tuned. 0:03:34.560,0:03:41.120 For that uh we also have our erq which i can't  say enough good things about our erq it's our. 0:03:41.120,0:03:46.160 First ever employee relations maturity model um  and it is designed to help employee relations. 0:03:46.160,0:03:51.520 Leaders understand the current maturity level of  your employee relations function and and based on. 0:03:51.520,0:03:56.160 The purpose the processes and influences that  your team has with respect to the organization. 0:03:56.160,0:04:01.680 And it really allows you as the er leader to  identify where you are where you want to grow your. 0:04:01.680,0:04:06.880 Function and then be able to create actionable  steps to be able to get there so fantastic tool. 0:04:06.880,0:04:13.280 Highly recommend you check it out um we also have  our empower community it is an online community. 0:04:13.280,0:04:18.960 For employee relations professionals it offers  networking opportunities knowledge sharing and. 0:04:18.960,0:04:25.040 Collaboration um it is completely free to join  and it allows you to connect with over 6,000. 0:04:25.040,0:04:30.400 Like-minded professionals or it is a very rapidly  growing community if you're not already a member. 0:04:30.400,0:04:35.360 Please take some time and and sign up again it  is completely free um and i think we'll probably. 0:04:35.360,0:04:40.400 Throw a link in the chat we do also have a mobile  app available um you can download that on the app. 0:04:40.400,0:04:46.480 Store or google play and then finally our roundt  community consists of hundreds of global employee. 0:04:46.480,0:04:51.840 Relations leaders uh we do get together in  person once a year and also several times a year. 0:04:51.840,0:04:58.480 Virtually and it really is meant to help us all  connect share and figure it out together how do we. 0:04:58.480,0:05:04.320 Raise the strategy level um how do we become more  strategic partners in our business um this year's. 0:05:04.320,0:05:11.040 In-person event will be held at the end of october  in boston registration is now open and we are i. 0:05:11.040,0:05:16.960 Think at about 60% full we do cap registration  for this in-person event we do like to keep it. 0:05:16.960,0:05:22.000 Uh have that intimate feel so people can really  come and connect and collaborate um and solution. 0:05:22.000,0:05:27.920 Together so don't miss your opportunity if you  are an enterprise organization within thousand. 0:05:27.920,0:05:33.040 Employees or more please consider joining us in  boston in october don't miss out hope to see you. 0:05:33.040,0:05:41.680 There all right and then we have two upcoming  events online so may 28th at 12:00 p.m eastern. 0:05:41.680,0:05:48.080 Time we are hosting a customer-only um memberled  discussion in empower it's going to be focused on. 0:05:48.080,0:05:53.120 What happens post investigation because we all  know that what happens after an investigation. 0:05:53.120,0:05:58.800 Closes is just as important as the investigation  itself um so join us with three of our empower. 0:05:58.800,0:06:01.760 Members that will lead a collaborative  conversation on how to strengthen your. 0:06:01.760,0:06:09.760 Post investigation approach and then finally  on june 4th at 2 pm eastern time we have a. 0:06:09.760,0:06:14.960 Session on executive investigations so ensuring  leadership accountability and workplace integrity. 0:06:14.960,0:06:20.400 As we explore the unique challenges involved  in investigating senior leaders so definitely. 0:06:20.400,0:06:26.000 Something um to dive into so we will be having  a conversation around exploring navigating power. 0:06:26.000,0:06:31.360 Dynamics managing confidentiality addressing  internal pro uh pressures and protecting those. 0:06:31.360,0:06:39.360 Who come forward so another exciting event um to  be able to to attend all right and a tradition. 0:06:39.360,0:06:45.200 That we love to uphold here on our webinars is  making a donation to an organization a nonprofit. 0:06:45.200,0:06:49.600 Of our speakers choosing and i am thrilled  that uh katherine chose today the leukemia. 0:06:49.600,0:06:55.760 And lymphoma society um the leukemia and lymphoma  society is at the forefront of the fight to cure. 0:06:55.760,0:07:00.720 Blood cancer and improve the quality of life for  patients and their families so thank you for that. 0:07:00.720,0:07:06.080 Katherine and and you all are contributing to that  by being here today so thank you to everyone all. 0:07:06.080,0:07:11.200 Right and now without further ado i am really  excited to be able to welcome our speaker for. 0:07:11.200,0:07:18.320 Today's session katherine nook freeman um she is  the co-founder of shift hr compliance training. 0:07:18.320,0:07:23.760 Llc and as a seasoned employment law attorney  training instructor and thought leader in the. 0:07:23.760,0:07:28.640 Industry katherine brings a wealth of expertise  to her partnership with clients with a focus on. 0:07:28.640,0:07:33.680 Risk management compliance and productivity she  helps organizations create better workplaces. 0:07:33.680,0:07:39.680 That foster growth innovation and success  so welcome katherine let's dive in thank you. 0:07:39.680,0:07:44.800 Courtney i am so excited to be part of this  conversation today i've heard so much about. 0:07:44.800,0:07:52.560 This hr cuties community and how everybody is so  interactive and it's thoughtprovoking and so i'd. 0:07:52.560,0:07:58.240 Love to just jump right in um we were talking  earlier about a few poll questions that would. 0:07:58.240,0:08:03.920 Be really interesting to get input from you  all so i'd love to start with this one first. 0:08:03.920,0:08:09.680 And the question is do you track the number of  complaints you receive on an annual basis and. 0:08:09.680,0:08:16.720 If so are you tracking ahead or behind of where  you were last year with the number of received. 0:08:16.720,0:08:26.160 Complaints you can see the choices you have there. 0:08:35.920,0:08:41.520 And once polling is complete i will  read to you the results of this first. 0:08:41.520,0:08:59.120 Poll lexi malone how's it looking are are the polls  coming in yes they're coming in i just ended. 0:08:59.120,0:09:04.160 It though because we have a lot of content to get  through so i figured got it keep it okay here we. 0:09:04.160,0:09:11.280 Go 24% so one quarter yes we track complaints  and the number is higher than last year which. 0:09:11.280,0:09:17.600 Is not surprising two yes we track complaints  and the number is about the same as last year. 0:09:17.600,0:09:23.920 32% said that three yes we track complaints  the number is lower than last year 13% okay. 0:09:23.920,0:09:32.000 And then no we don't track complaints annually  represents 19% and unsure all right so that's. 0:09:32.000,0:09:38.240 It's not surprising to me that 24% are up because  as you'll learn in a few minutes when we dive into. 0:09:38.240,0:09:44.480 These slides you're you're not alone if the number  of complaints have been up so far this quarter um. 0:09:44.480,0:09:50.640 Should we do one more one more poll lexi malone before  we start yeah let's do i'll launch that right now. 0:09:51.600,0:09:53.920 Thanks to everybody for your responses so. 0:09:53.920,0:10:07.280 Far okay have you revamped your training  program within the past year to help. 0:10:07.280,0:10:14.640 Continue to prevent risk or reduce risk and  strengthen your workplace culture so yes we. 0:10:14.640,0:10:19.280 Completely revamped our training program yes  we made some updates to our existing program. 0:10:19.280,0:10:25.440 No but we're planning to revamp it soon no we  haven't made changes and the last is we don't. 0:10:25.440,0:10:38.960 Currently have a training program would love  to hear and see your responses there as well. 0:10:47.680,0:10:55.120 Okay 5% said yes we completely revamped our  training program 48% said yes we made some. 0:10:55.120,0:11:02.800 Updates to the existing program 24% said  no but we're planning to revamp it 16%. 0:11:02.800,0:11:10.560 Said no we haven't made changes and then 7%  do not currently have a training program so. 0:11:10.560,0:11:21.680 Um very very interesting  let's see hold on one second. 0:11:21.680,0:11:31.760 Okay i am just trying to see  lexi malone do you see me on c on camera. 0:11:31.760,0:11:38.240 Yeah okay here we go now we do perfect okay  perfect all right so so let's get started. 0:11:38.240,0:11:44.080 Let's talk about what's happening right now and  we all know i i don't think i need to tell any of. 0:11:44.080,0:11:50.960 You that we're in a very disrupted time right now  especially as hr leaders there is so much that we. 0:11:50.960,0:11:56.560 Need to be keeping up on i mean i always say as  an employment lawyer i used to read and still do. 0:11:56.560,0:12:02.640 Read the updates on employment cases that come  out every day now i find myself within the past. 0:12:02.640,0:12:08.240 Few months i've been reading the updates that are  coming out multiple times a day you almost can't. 0:12:08.240,0:12:14.800 Keep up on the news fast enough because there has  been so much development and so much evolution. 0:12:14.800,0:12:20.960 From a human resources from a diversity equity  and inclusion um from a corporate standpoint so. 0:12:20.960,0:12:25.200 I know you're all i'm impressed that you're on  this call today because i know there's so much. 0:12:25.200,0:12:30.560 Going on and unfortunately we need to brace  ourselves because there's going to be even. 0:12:30.560,0:12:37.360 More going on so complaint volume has been rising  over the past few years and many of the pundits. 0:12:37.360,0:12:42.960 Are saying that whatever we've seen the past few  years is going to increase even more exponentially. 0:12:42.960,0:12:51.440 And and truthfully as the as one of the founders  of a a large employment law firm i have shared. 0:12:51.440,0:12:55.440 With my team members that i think the number one  thing we can do right now is ramp up and hire more. 0:12:55.440,0:12:59.920 Employment lawyers because unfortunately  our corporate clients are seeing such an. 0:12:59.920,0:13:06.240 Increase in complaints and and there's likely  more on the way so the the volume has risen. 0:13:06.240,0:13:12.560 Is predicted to continue and part of the reason is  we all know how active social media is right now. 0:13:12.560,0:13:20.640 People get information about employment issues  executive orders new cases on a regular basis. 0:13:20.640,0:13:25.280 Throughout the day not just the employment lawyers  but everybody working on your teams they're all. 0:13:25.280,0:13:29.840 Aware of what these updates are and and as you  also know because of social media people have. 0:13:29.840,0:13:37.360 Become more vocal in sharing it all really kicked  off with the me too era in recent history and. 0:13:37.360,0:13:46.560 Now it's continuing in that regard to be a little  bit more specific between 2021 and 2024 workplace. 0:13:46.560,0:13:56.720 Discrimination charges surged by 44% so that's  through 2024 and again as i said 2025 forward the. 0:13:56.720,0:14:02.160 Pundits are saying that they believe that there's  going to be an even greater increase in complaints. 0:14:02.160,0:14:08.000 Because of what's going on the disruption that  i that i mentioned earlier um to be even more. 0:14:08.000,0:14:15.200 Specific in the fiscal year 2024 the equal  employment opportunity commission or the eeoc. 0:14:15.200,0:14:23.840 Received over 88,000 new workplace discrimination  charges which marked more than a 9% increase over. 0:14:23.840,0:14:29.760 The prior year so that's a that's a big jump and  that's before even the new administration and the. 0:14:29.760,0:14:37.360 New executive orders and the new eeoc guidance  so again it's great that hr cutie provides this. 0:14:37.360,0:14:43.280 Amazing community because we all need each other  more than ever before to share ideas and to find. 0:14:43.280,0:14:50.160 Positive ways to move our organization  forward so i mentioned social discourse. 0:14:50.160,0:14:55.440 And potential misunderstandings and the fact of  the matter is that the current social discourse. 0:14:55.440,0:15:00.640 The conversations that are going on in in in the  world in our country in the communities and in. 0:15:00.640,0:15:08.320 Our workplaces they're really creating these new  complexities and a potential for misunderstanding. 0:15:08.320,0:15:20.640 I saw a recent study that said that over 50% so  just over 50% of our our workplace is uh in in. 0:15:20.640,0:15:28.080 Disagreement disagrees with the contraction of dei  in the workplace so over 50% disagrees and just. 0:15:28.080,0:15:35.120 Under 50% agrees so meanwhile we're managing  we're handling the human resources issues of. 0:15:35.120,0:15:41.040 A divided workplace and in many instances it's  it's a stark contrast so we have to understand. 0:15:41.040,0:15:46.560 We have employees with multiple different often  conflicting perspectives all coming together in. 0:15:46.560,0:15:52.560 Our workplace right now um these what we're seeing  is that these and i'm sure you're seeing it too in. 0:15:52.560,0:16:00.080 Your workplaces that these recent executive  orders it can unintentionally create tension. 0:16:00.080,0:16:06.480 Between these two conflicting perspectives right  and so one perspective may disagree with another. 0:16:06.480,0:16:12.000 Perspective as it relates to protections of  protected categories and the next thing you know. 0:16:12.000,0:16:18.640 You've got additional tension in the workplace  and so what we're seeing is that without really. 0:16:18.640,0:16:25.280 Clear proactive upto-date training of your team  members whether it's your employees whether it's. 0:16:25.280,0:16:31.680 Your leaders your employees may misunderstand  what's appropriate in workplace conversations so. 0:16:31.680,0:16:37.360 I really believe i mean i'm i'm i'm biased because  i i am an employment lawyer and one of the things. 0:16:37.360,0:16:42.320 We do is conduct instructorled training to make  sure we educate the workforce i also co-founded. 0:16:42.320,0:16:48.400 A training company that again tries to educate  the workforce so i'm biased towards setting our. 0:16:48.400,0:16:54.880 Employees and leaders up for success by educating  them as to really what's appropriate in today's. 0:16:54.880,0:17:00.400 Workplace and what's problematic and what's going  to expose ourselves to risk our teams to risk and. 0:17:00.400,0:17:06.000 Our entire organization to risk so i think now  more than ever knowing that the complaints are. 0:17:06.000,0:17:10.160 Going to continue to rise we need to make sure  we have a number of things a number of things. 0:17:10.160,0:17:17.760 In in place and one of those things is clear  upto-date training that's actually effective. 0:17:17.760,0:17:25.920 So another thing that we're seeing and you may be  seeing this too is that now that some previously. 0:17:25.920,0:17:33.760 Protected characteristics of individuals is  under attack or is eroding what it's doing is. 0:17:33.760,0:17:41.600 It's giving others what they believe is license to  make comments about what was a protected category. 0:17:41.600,0:17:48.560 For example transgender individuals we're hearing  about more negative comments about transgender. 0:17:48.560,0:17:54.720 Individuals because people don't think that's a  protected category anymore they don't have to use. 0:17:54.720,0:17:59.680 The correct pronouns and they don't have to be  as careful about their language and when people. 0:17:59.680,0:18:06.880 Aren't as careful about their language one it  erodess workplace culture and two it exposes the. 0:18:06.880,0:18:14.320 Organization to more risk um so again you know  i like to think that what we can do what we can. 0:18:14.320,0:18:19.680 Control as hr leaders and as leaders within our  organizations is really respond to these concerns. 0:18:19.680,0:18:26.560 I just talked about with with clear communication  which includes training on really building an an. 0:18:26.560,0:18:32.480 Inclusive culture within our organizations and  a commitment to a workplace that's respectful. 0:18:32.480,0:18:38.560 For all and i'm not sure if you've heard this  saying but often times we have to say something. 0:18:38.560,0:18:46.400 At least 7 to 10 times before it sinks in for  individuals and so this is one of those things. 0:18:46.400,0:18:50.720 Where it's not enough to just say it in the you  know now we are in the beginning of the second. 0:18:50.720,0:18:55.920 Quarter and expect that people will recall it  and remember it and keep it front and center. 0:18:55.920,0:19:02.240 But that's one of the reasons why consistent  messaging and training is is really important. 0:19:04.320,0:19:10.400 Return to office so we saw that there was a  surge in complaints between 2021 and 2024 and. 0:19:10.400,0:19:16.800 Part of that was driven by the return to office  you know when everybody was working from home and. 0:19:16.800,0:19:21.760 Just trying to keep themselves afloat because they  had many personal issues perhaps in their families. 0:19:21.760,0:19:25.600 That they were dealing with whether it was medical  issues whether it was children at home trying to. 0:19:25.600,0:19:33.840 Study etc as people returned to the office in  larger numbers that is part of the reason why. 0:19:33.840,0:19:41.600 The complaints were um were increasing so as hr  leaders we really have to keep our fingers on the. 0:19:41.600,0:19:49.200 Pulse of what can help this transition back  to either return to office more of a hybrid. 0:19:49.200,0:19:54.400 Approach how can we do so and again part of  the answers is that proactive communicating. 0:19:54.400,0:19:59.840 With all employees as to the standards that are  acceptable in the workplace proactive training. 0:19:59.840,0:20:05.120 Clear policies so so again we're setting everyone  up for success i really believe in communicating. 0:20:05.120,0:20:10.160 Those policies so that everybody knows what  are the rules of the game what can i do to. 0:20:10.160,0:20:16.160 Make sure that i'm on the right side of the  line as opposed to the wrong side of the line. 0:20:17.840,0:20:28.160 The eeoc uh has been very very busy this um first  quarter and a half of the year and they've been. 0:20:28.160,0:20:33.120 Busy doing a number of things but one of  the things they've done which is going to. 0:20:33.120,0:20:39.360 Potentially contribute even more to the number of  complaints is they've changed the standards about. 0:20:39.360,0:20:46.400 Discrimination so they basically said there no  longer is something called reverse discrimination. 0:20:46.400,0:20:52.880 Where perhaps the minority is discriminating  against the majority and the major you have to. 0:20:52.880,0:20:58.800 Have a higher standard or a higher burden of  proof to prove that you as a majority member. 0:20:58.800,0:21:04.880 For example white male is being discriminated  against so because there's no longer that higher. 0:21:04.880,0:21:13.600 Standard under federal law what that means is that  individuals who are both in the minority and in. 0:21:13.600,0:21:22.880 The majority have the opportunity and perhaps the  increased likelihood of making a complaint because. 0:21:22.880,0:21:29.920 They don't feel like it's as much of an uphill  battle because the standards have been evened out. 0:21:29.920,0:21:35.360 So i'm sure you all as hr leaders are familiar  with title 7 the fact that it protects all. 0:21:35.360,0:21:42.320 Employees um on certain protected bases but  when it comes to the protected bases again. 0:21:42.320,0:21:49.520 Now the eeoc is interpreting it as on the bases  of both majority and minority sex both majority. 0:21:49.520,0:21:57.680 And minority race both majority and minority  religious uh belief etc etc etc so the same. 0:21:57.680,0:22:04.560 Standard will be applied to all discrimination  claims and it won't be tougher for a minority. 0:22:04.560,0:22:11.120 Majority individual to bring a complaint than  a minority individual so again what that means. 0:22:11.120,0:22:16.240 Is when you're really communicating to your  employees and when you're training your employees. 0:22:16.240,0:22:20.800 On preventing harassment and discrimination for  example you want to make sure that you're focused. 0:22:20.800,0:22:28.880 On preventing bias preventing retaliation across  the boards consistent enforcement and you want to. 0:22:28.880,0:22:32.240 Make sure you're communicating that you know  one of the complaints of training previously. 0:22:32.240,0:22:38.080 Was that every example was an example of  a majority individual discriminating or. 0:22:38.080,0:22:45.040 Harassing a minority individual now we need to  make sure we're really evenhanded in presenting. 0:22:45.040,0:22:50.400 The different examples of discrimination with  respect to regardless of whether it's a minority. 0:22:50.400,0:22:56.160 Or majority individual who's the victim of  the particular harassment or discrimination. 0:22:56.160,0:23:05.680 So a new standard that we you know haven't had  um in a in a very long time retaliation again. 0:23:05.680,0:23:12.720 Nothing necessarily new to you all but it never  ceases to amaze me how retaliation complaints. 0:23:12.720,0:23:22.880 Continue to rise as one of the largest um the  largest areas of of complaint filed with the eeoc. 0:23:22.880,0:23:34.240 So year after year retaliation charges represent  over 1/ half of all charges filed with the eeoc. 0:23:34.240,0:23:42.000 And so what that means is a number of different  things that even when your managers may take what. 0:23:42.000,0:23:49.840 May be well-intended action as it relates to an  employee that can create potential legal risk. 0:23:49.840,0:23:56.640 If the situation isn't handled carefully and  consistently so if for example somebody claims. 0:23:56.640,0:24:02.240 About harassment discrimination and there's a  determinant that there determination that there. 0:24:02.240,0:24:07.120 Actually wasn't harassment or discrimination but  then the organization takes action against that. 0:24:07.120,0:24:13.120 Individual say for a performance issue that hasn't  been documented that hasn't been communicated. 0:24:13.120,0:24:19.520 You're running the risk that that individual will  go ahead and file a charge of retaliation because. 0:24:19.520,0:24:27.840 They'll say they made a complaint and as a result  they were terminated or demoted or reprimanded. 0:24:27.840,0:24:32.800 Whatever the case may be and they're going to  claim it was because they made that complaint. 0:24:32.800,0:24:37.040 Not because of the performance and so that's  where the burden then shifts to the employer. 0:24:37.040,0:24:42.240 To make sure that you have all your records in  place you have documented performance issues. 0:24:42.240,0:24:50.800 You have documented co coaching issues etc and uh  today more than ever employees expect action like. 0:24:50.800,0:24:58.720 That and so we really as hr leaders we need to  be on top of our game um the big words nowadays. 0:24:58.720,0:25:08.880 As we know accountability transparency trust in  the process and i i believe the hr role now more. 0:25:08.880,0:25:15.120 Than ever is essential and is so important  because think about it we leave those things. 0:25:15.120,0:25:22.160 Hr oftentimes is the driver of transparency and  communication and change management to employees. 0:25:22.160,0:25:28.960 Hr is is oftentimes the one that's driving the  trust in the process the trust in the organization. 0:25:28.960,0:25:34.720 So so these are words that we really need to keep  close to us as human resources leaders because. 0:25:34.720,0:25:40.720 Our employees and the new generations more  than ever are looking for this more than ever. 0:25:40.720,0:25:52.240 Previously so moving on to prevention so what  can we do to really adopt this proactive mindset. 0:25:52.240,0:25:58.800 To really i mean the way i look at it is twofold  as as and i i i don't know if it's because i'm a. 0:25:58.800,0:26:04.000 Business owner in addition to being an employment  lawyer but on the one hand as an employment lawyer. 0:26:04.000,0:26:09.760 I'm looking to help control and limit risk  within my organization and all my clients. 0:26:09.760,0:26:16.480 Organizations but beyond that as a co-founder of  two businesses i'm looking to really to continue. 0:26:16.480,0:26:23.120 To grow and strengthen our workplace culture in  addition to minimizing risk because you know to. 0:26:23.120,0:26:28.320 Me it's it's really not enough to just have  a minimal risk within your organization you. 0:26:28.320,0:26:33.440 Have to have a strong culture you want to be the  go-to place where you can attract the best talent. 0:26:33.440,0:26:38.160 But more importantly it does you no good if you  can only attract the best talent you want to be. 0:26:38.160,0:26:44.640 Able to retain the best talent and that's where  the culture comes into play so i view training. 0:26:44.640,0:26:50.720 As training and documentation they're not only  our first line of defense but they're also one. 0:26:50.720,0:26:57.520 Of the ways that we can go next level in really  building our culture if we do it the right way. 0:26:57.520,0:27:02.480 Um and you know i see some companies they'll  they'll engage in preventing harassment and. 0:27:02.480,0:27:10.000 Discrimination training to focus on minimizing  legal risk but they also especially now more than. 0:27:10.000,0:27:16.480 Ever can use it as an opportunity to build empathy  in your team members and to build your culture. 0:27:16.480,0:27:22.240 Because if you have a really strong culture and  if you have employees who are empathetic and. 0:27:22.240,0:27:28.400 Can understand or be open to other perspectives in  the workplace well then you're going to have fewer. 0:27:28.400,0:27:33.120 Complaints down the road i see it over and over  again as an employment law counselor the companies. 0:27:33.120,0:27:39.360 Who have more complaints usually don't have as  strong a culture as they really need so you need. 0:27:39.360,0:27:47.600 To hunker down and do this training and have dual  goals to minimize risk and to build your culture. 0:27:47.600,0:27:53.680 So it's important to really understand where we  are right now right what what's the current state. 0:27:53.680,0:28:01.600 Of your organization and and maybe that means you  have to look through past and recent complaints. 0:28:01.600,0:28:08.480 To see what are people complaining about what is  going on you want to take a look at your existing. 0:28:08.480,0:28:14.240 Policies and perhaps your existing training to  see what what how are we communicating things. 0:28:14.240,0:28:19.600 To our employees and and can we make improvement  you know one of the one of my favorite sayings is. 0:28:19.600,0:28:25.440 Taking whatever you're doing now next level so  let's look at our current state as hr leaders. 0:28:25.440,0:28:31.280 And figure out this is what it is now how can  we go next level how can we be even better at. 0:28:31.280,0:28:39.360 Minimizing risk at building culture at being  the place to that everybody wants to work at so. 0:28:39.360,0:28:44.960 Um i'm also somebody who believes in smart goals  specific measurable attainable etc and so i think. 0:28:44.960,0:28:52.800 It's important that we as hr leaders keep that  in mind and that we we really define specific. 0:28:52.800,0:28:58.000 And measurable objectives for our training  programs and again in my mind it's it's helping. 0:28:58.000,0:29:03.360 Us minimize risk by educating our team members  on what's appropriate what's not what they can. 0:29:03.360,0:29:09.680 Do what they can't do in the workplace and also  how we build these other what used to be viewed. 0:29:09.680,0:29:17.280 Softer skills but now i view our essential skills  like empathy like understanding like perspective. 0:29:17.280,0:29:24.400 Sharing how can we build that into our workplace  training and our processes to make sure that. 0:29:24.400,0:29:30.880 They're aligned with our organization's  goals for a healthier and a flourishing. 0:29:30.880,0:29:41.760 Workplace so as you would probably  guess prevention does in fact pay off. 0:29:41.760,0:29:49.920 Um it does help in many instances reduce legal  exposure and if done the right way it does help. 0:29:49.920,0:29:57.360 Contribute to and certainly shape your workplace  culture so um there are a number of things you. 0:29:57.360,0:30:03.200 Can do but if we're focused for the moment  on really conducting training incorporating. 0:30:03.200,0:30:10.000 Training incorporate communications that's culture  shifting that's one of the ways where you're going. 0:30:10.000,0:30:15.920 To hopefully get yourself into the bucket where  your complaint levels are not increasing and. 0:30:15.920,0:30:22.480 Maybe they're even decreasing because there's a  higher level of of understanding and communication. 0:30:22.480,0:30:29.200 Within the organization so i would encourage you  all not to just check the box but i'm sure you. 0:30:29.200,0:30:35.200 Recognize this too anytime you roll out training  within your organization these individuals are on. 0:30:35.200,0:30:40.880 The clock we're paying them for their time so to  me even if you're in a state like california new. 0:30:40.880,0:30:46.000 York connecticut whatever it may be that mandates  that you do the training you don't want to just. 0:30:46.000,0:30:52.800 Do it to be check the box you want to do it to  really advance your culture educate your employees. 0:30:52.800,0:30:58.720 Build a stronger better healthier workplace for  everybody and and the way you do that whether. 0:30:58.720,0:31:02.640 You're conducting it internally on your own  whether you're bringing in an instructor from the. 0:31:02.640,0:31:08.720 Outside whether you're doing e-learning is making  sure that training is engaging so people pay. 0:31:08.720,0:31:14.400 Attention to it and now more than ever you want to  make sure you have a very trusted provider whether. 0:31:14.400,0:31:22.240 It's you within your organization or whether it's  again an instructor or leaning or e-learning you. 0:31:22.240,0:31:28.640 Want to make sure that that training is up to date  and compliant with all of these recent executive. 0:31:28.640,0:31:33.920 Orders with the eeoc guidance because for  example i can tell you from my training company's. 0:31:33.920,0:31:40.480 Perspective we had a whole list of goals we wanted  to roll out in q1 and then we got hit by executive. 0:31:40.480,0:31:46.240 Order after executive order after guidance and  so we had to make sure that first and foremost. 0:31:46.240,0:31:52.000 Every single one of our trainings were scrubbed  to comply with the laws and to really to really. 0:31:52.000,0:31:58.720 Speak to an employees speak to employees in a way  that they will listen um and you know we believe. 0:31:58.720,0:32:02.880 It was always done that way but i think more  now than ever whatever you're communicating to. 0:32:02.880,0:32:07.600 Your employees whatever training you're rolling  out to your employees you want to make sure it's. 0:32:07.600,0:32:15.360 Presented in a way where they're likely to listen  to it as opposed to turn it off especially if you. 0:32:15.360,0:32:21.680 Know they're in one versus the other perspective  within your organization um lexi malone i'm just going to. 0:32:21.680,0:32:27.440 Pause for a second are there any questions that i  should address before we move forward to the next. 0:32:27.440,0:32:35.840 Slide hey catherine we don't have any questions  yet um i'll pop on if we do okay great thank you. 0:32:35.840,0:32:43.600 Thank you so as we were saying you know training  really to me is it's it's prevention it's not just. 0:32:43.600,0:32:48.400 Process and so it really needs to be a primary  thought not an afterthought it really needs to. 0:32:48.400,0:32:54.080 Be part of the solution i think this is one of  the ways where as a community at hrc you could be. 0:32:54.080,0:32:59.360 Sharing ideas amongst one another what what are  you doing to address that um are you engaged in. 0:32:59.360,0:33:06.160 For example a learning journey are you taking your  team members through different levels of whether. 0:33:06.160,0:33:11.440 It's communication whether it's um emotional  intelligence whether it's empathy developing. 0:33:11.440,0:33:18.160 Skills in addition to perhaps like the civility  and respect to make sure the conversations are. 0:33:18.160,0:33:23.440 The level that you want and expect within  your organization and that sort of thing. 0:33:23.440,0:33:31.200 So um i also think that the right training and the  right processes in your organization can really. 0:33:31.200,0:33:37.440 Help you as hr leaders identify patterns within  the organizations and then once you identify those. 0:33:37.440,0:33:43.600 Patterns then i like to say then you go next level  right you can then think about what can we what. 0:33:43.600,0:33:50.320 Action steps can we take within our organization  to help shift any behaviors which we may see as. 0:33:50.320,0:33:55.360 A pattern um what can we do to intervene early  because again when we're dealing with harassment. 0:33:55.360,0:34:02.560 Issues and discrimination issues we know that if  we can jump in early and catch something before it. 0:34:02.560,0:34:09.200 Really grows out of control we're going to be able  to manage the situation in a much more effective. 0:34:09.200,0:34:16.240 Way because we'd much rather handle these issues  when they're small than when they become larger. 0:34:16.240,0:34:24.720 Or an employee ends up going to the eeoc instead  of coming to human resources to communicate i also. 0:34:24.720,0:34:30.720 Think it's important that when you are for example  considering rolling out a new or even an existing. 0:34:30.720,0:34:36.960 Training program you want to make sure that the  training program is really grounded in real life. 0:34:36.960,0:34:46.000 Scenarios it's nuanced and we all know what may  be relevant today whether it relates to muslim. 0:34:46.000,0:34:56.800 Sentiment um uh you know other types of protected  religions races countries depending on what wars. 0:34:56.800,0:35:03.520 May be going on in the world and that sort of  thing it it's different than what was relevant a. 0:35:03.520,0:35:09.200 Few years ago in like for example the george floyd  era and a few years before that with the me too. 0:35:09.200,0:35:15.360 Era so you really need to make sure that your  training continues to be relevant and based on. 0:35:15.360,0:35:21.760 Real world scenarios so that your employees are  more likely to relate to it understand it and then. 0:35:21.760,0:35:30.080 Apply it to what they're seeing more often than  not and again from my perspective it's not just. 0:35:30.080,0:35:36.640 What you say in the training or any communication  you're having but it's it's how you say it and how. 0:35:36.640,0:35:42.240 It's framed and you know i like to say when  you sit your employees down for training you. 0:35:42.240,0:35:46.320 Don't want to make them feel like they're being  reprimanded you don't want to make them feel like. 0:35:46.320,0:35:51.440 They're a bad person because they fall into this  category or that category or whatever it may be. 0:35:51.440,0:35:58.800 Instead you want people to be open to different  perspectives you want to create those aha moments. 0:35:58.800,0:36:04.720 So they can perhaps see how they might have been  looking at things in a way that didn't serve them. 0:36:04.720,0:36:09.840 Compared to another way that could serve them  in the workplace so i think training is more. 0:36:09.840,0:36:17.360 Effective when it's eyeopening for employees when  it's relevant when it's nuanced and in in those. 0:36:17.360,0:36:24.000 Cases your employees will pay more attention to  the training will have more takeaways and will put. 0:36:24.000,0:36:30.000 What they learn in the training to work which will  again help contribute to a more positive workplace. 0:36:30.000,0:36:34.080 And and we all know we're not going to change  everybody's perspective i mean i've seen enough. 0:36:34.080,0:36:39.360 Workplaces to know there's a spectrum within the  workplace right we've got people who are highly. 0:36:39.360,0:36:45.760 Evolved and really have high levels of empathy and  understanding and uh whether it's understanding of. 0:36:45.760,0:36:50.320 Legal principles or even understanding of the fact  that we all come to the workplace with different. 0:36:50.320,0:36:55.840 Experiences and different perspectives and then  you got the flip side people who are not very. 0:36:55.840,0:37:02.640 Far on their journey to understanding others and  perhaps they have really low empathy or low eq no. 0:37:02.640,0:37:07.280 Matter how high their iq may be and then there's  those in between but i view training as one of. 0:37:07.280,0:37:14.160 The ways where you can take the middle portion and  move them more to the evolved side of the spectrum. 0:37:14.160,0:37:20.080 Um and and even if we can't move everybody along  the spectrum i truly believe and i've seen it over. 0:37:20.080,0:37:26.720 And over again that we can move enough people to  the more advanced side of the spectrum where it. 0:37:26.720,0:37:34.800 Can contribute positively to our workplace i love  that you refer to it as a journey it makes it is. 0:37:34.800,0:37:40.080 You know our training really matters right and it  can have an impact on people and and um where they. 0:37:40.080,0:37:45.760 Are in their professional journey so i just i love  that do have a couple of questions uh related to. 0:37:45.760,0:37:53.600 Training um so the first is um wanting to hear  your perspective on the increase of employees. 0:37:53.600,0:37:58.640 Using buzzwords if you will and sometimes this  comes up especially after we do trainings right. 0:37:58.640,0:38:02.240 Um saying things like they don't feel safe or  they feel threatened hostile work environment. 0:38:02.240,0:38:07.680 Harassment discrimination um the person is saying  that they get a lot of these and it's you maybe. 0:38:07.680,0:38:10.960 Something as simple as their coworker was rude or  they didn't like the way that they were spoke to. 0:38:10.960,0:38:15.760 Something like that so what's kind of your take  on that yeah no you're right that's interesting. 0:38:15.760,0:38:19.920 Because you walk the fine line when you're rolling  out the training right you want to educate your. 0:38:19.920,0:38:26.480 Employees you want to teach people what type of  conduct you want to see more of in the workplace. 0:38:26.480,0:38:32.320 Versus not yet you don't want to put ideas in  their head about you know that maybe weren't there. 0:38:32.320,0:38:37.840 Before about thinking that am i being harassed  is this appropriate is you know is this not. 0:38:37.840,0:38:45.600 And so we try to address that in the training  so you know a training might give an example. 0:38:45.600,0:38:58.640 Um that um if you are a manager and you are gruff  or rude or inconsiderate of your employees but. 0:38:58.640,0:39:06.480 It's not because of the employees sex or race  or age etc it's a business issue for sure that. 0:39:06.480,0:39:10.720 You wish people would work on and you're looking  to educate your team members so that they don't. 0:39:10.720,0:39:17.600 Engage in that type of conduct and they become a  little bit more empathetic etc but that harassment. 0:39:17.600,0:39:25.200 Doesn't necessarily apply in that context because  it doesn't relate to a protected characteristic. 0:39:25.200,0:39:31.760 Um i i i hear what you're saying about the  psychological safety that's a word that people. 0:39:31.760,0:39:38.400 Are starting to use more and i would say if people  use that word more that's a perfect opportunity. 0:39:38.400,0:39:45.120 For employers to really delve into a little bit  more what what what do they mean what are they. 0:39:45.120,0:39:52.000 Referring to when they feel like that might be  lacking from a particular manager or department. 0:39:52.000,0:39:58.960 And you might be able to identify patterns  there of either maybe there is maybe there is a. 0:39:58.960,0:40:05.440 Communication issue on that particular team maybe  there is something that um is worth looking into. 0:40:05.440,0:40:13.280 To see do we need to change anything or is this  an employee who is just using words that really. 0:40:13.280,0:40:19.840 Um are not accurate such a great point of really  digging into your data right and even if you know. 0:40:19.840,0:40:24.480 You have a a claim of harassment let's say that's  unsubstantiated there still may be something. 0:40:24.480,0:40:29.920 There that needs to address and dig into and and  maybe the answer is additional training exactly. 0:40:29.920,0:40:34.800 And and to your point that you just raised that's  something that's included in the manager training. 0:40:34.800,0:40:38.720 Too where we the flip side is when you're not  with the employees but you're with the managers. 0:40:38.720,0:40:44.000 You'd say you you need to understand that if  your employees think you're harassing them even. 0:40:44.000,0:40:48.720 If you're treating everybody equally and you're  harassing everybody you're going to come under the. 0:40:48.720,0:40:54.320 Magnifying glass because the employer is going to  be obligated to conduct an investigation if that. 0:40:54.320,0:40:59.920 Buzzword is used and they're going to have to look  into the situation and they may see that no you're. 0:40:59.920,0:41:04.880 Not discriminating against anyone because of their  race or their religion or their age but yes you're. 0:41:04.880,0:41:10.560 Being a bad manager and you're not being fair or  equitable or reasonable and you're driving good. 0:41:10.560,0:41:15.040 Employees away and our retention rates are going  to be impacted and our morale and our productivity. 0:41:15.040,0:41:20.080 Is going to be impacted so that's a great point  which you which you raise as well like managers. 0:41:20.080,0:41:25.280 Need to understand that regardless of whether  their behavior is legal or illegal one of the. 0:41:25.280,0:41:32.160 Goals is not just to minimize risk but it's to  grow your workplace culture which isn't being done. 0:41:32.160,0:41:37.840 When a manager um is acting like that absolutely  just because it's not harassment doesn't mean it's. 0:41:37.840,0:41:44.560 Not negatively impacting your workplace exactly  exactly courtney yeah um another question here. 0:41:44.560,0:41:51.280 We have is suggestions on balancing the desire of  of employees to bring their whole selves to work. 0:41:51.280,0:41:56.640 Um while also maintaining a professional work  culture especially given you know you mentioned. 0:41:56.640,0:42:02.320 The stat of just over 50% and just under 50%  right of um people having differing opinions. 0:42:02.320,0:42:11.200 Of what is appropriate and reasonable right um  so the reference was especially with respect. 0:42:11.200,0:42:18.640 To over 50% in support of dei and and under 50%  uh happy with the retraction or contraction of. 0:42:18.640,0:42:25.680 Dei yeah it's one of those things where that's  why again training is important to address the. 0:42:25.680,0:42:32.000 Areas that you have to be really sensitized to so  i know back in the day people used to refer it to. 0:42:32.000,0:42:39.360 Sensitivity training but in in part it still is  also sensitivity training sensitizing employees. 0:42:39.360,0:42:49.440 To the fact that if you express any negativity  towards diverse concepts or equitable concepts. 0:42:49.440,0:42:57.200 Etc you're opening yourself and your organization  up for attack that someone could claim that you. 0:42:57.200,0:43:05.200 Um you advocate for either discriminatory  practices or inequitable practices and someone. 0:43:05.200,0:43:12.880 Doesn't have to be as we know 100% right to file  a complaint and and what what is likely to happen. 0:43:12.880,0:43:22.240 Nowadays since the eeoc is establishing that it's  less likely to really take certain cases or pursue. 0:43:22.240,0:43:30.960 Certain cases based on discrimination based on for  example sexual preference or transgender status or. 0:43:30.960,0:43:38.800 Um other uh protected categories the courts are  still going to accept those complaints so what i. 0:43:38.800,0:43:44.960 Think is going to happen is if matters used to be  resolved through the eeoc what's going to happen. 0:43:44.960,0:43:49.680 Is people are going to when they can go straight  through the straight to the courts and when they. 0:43:49.680,0:43:53.360 Still have to go to the eeoc they'll go there  first and then they'll go straight then they'll. 0:43:53.360,0:43:58.640 Go to the courts right after that and we'll  continue to make harassment and discrimination. 0:43:58.640,0:44:09.520 Charges that way thank you one more uh training  related question specifically for slack um so some. 0:44:09.520,0:44:14.880 Employ employees share their thoughts on changes  on slack right it it's just another it means. 0:44:14.880,0:44:19.280 That we have for for communication in this virtual  world how would you recommend managing those slack. 0:44:19.280,0:44:25.840 Communications that could be disruptive to the  workplace m and by disruptive i'm assuming they. 0:44:25.840,0:44:30.960 Mean like the social discourse we were referring  to earlier whether you're sharing your opinions. 0:44:30.960,0:44:39.040 With respect to anything that could vaguely be  related to protected categories and and some of. 0:44:39.040,0:44:45.840 The issues that are addressed in the in the eeoc's  guidance or the executive orders and you know. 0:44:45.840,0:44:52.880 The the thinking is really social media if your  work if your workforce or other employees are on. 0:44:52.880,0:45:01.280 The same platforms that you're on you need to be  aware that what you say on social media could be. 0:45:01.280,0:45:09.120 Considered harassing or discriminatory and there  are cases out there that that absolutely stand for. 0:45:09.120,0:45:14.720 That proposition that if you say something that  could be considered harassing or discriminatory. 0:45:14.720,0:45:20.800 Even if it's outside of work hours even if you're  not necessarily referencing your employer but if. 0:45:20.800,0:45:28.480 Your colleagues or those who report to you  are on that social media platform with you. 0:45:28.480,0:45:34.960 Then that is can be brought in as evidence of  harassing or discriminatory conduct so that's. 0:45:34.960,0:45:42.640 Something that should be built into if it's not  already your social media handbook policies your. 0:45:42.640,0:45:48.080 Um various communication policies your harassment  and discrimination policies because it's a great. 0:45:48.080,0:45:56.160 Question and i would bet you that most of your  employees would not think that that's a concern. 0:45:56.160,0:46:03.680 Because they view that as their personal life  their freedom of speech which if nobody nobody. 0:46:03.680,0:46:09.440 From the workplace ever found out about it they're  in better shape but if people are actually on. 0:46:09.440,0:46:14.720 Platforms with them then that's when it become  people who they work with are on platforms with. 0:46:14.720,0:46:22.720 Them that's when it's problematic and definitely  something that you do not want to have going on. 0:46:22.720,0:46:30.000 Um under your watch so something you'd want to  polic communicate policies around train around and. 0:46:30.000,0:46:36.240 That's one of the things that we always bring up  in training the social media aspect of harassment. 0:46:36.240,0:46:41.040 And discrimination and how employees need to  be very aware of it so that's a great question. 0:46:41.040,0:46:45.440 Thanks for sharing that courtney great example  of definitely something you want to include in. 0:46:45.440,0:46:54.000 Your trainings exactly exactly and your and your  handbook policies um so both and and speaking of. 0:46:54.000,0:47:01.440 Handbook policies um that's something that again  your organization should be going through now in. 0:47:01.440,0:47:08.400 The wake of these recent changes to really make  sure they still comply with the law and they still. 0:47:08.400,0:47:15.040 Accomplish what you're looking to accomplish as  hr leaders and and organizations um documentation. 0:47:15.040,0:47:21.120 I know courtney agrees with me 5,000% here  but documentation whether it's your employee. 0:47:21.120,0:47:27.520 Handbook or the actions that you're taking within  your organization from whether it's a complaint. 0:47:27.520,0:47:33.040 Perspective or otherwise they are incredibly  important now more than ever because again if. 0:47:33.040,0:47:38.080 We're operating under the assumption that you know  within within the past four years the number of. 0:47:38.080,0:47:44.320 Complaints have risen 44% and this year the number  of complaints is likely going to increase even. 0:47:44.320,0:47:50.320 More we want to make sure we're doing the right  thing as organizations and we're documenting every. 0:47:50.320,0:47:55.920 Time we are doing the right thing whether it's  we're receiving a complaint appropriately we are. 0:47:55.920,0:48:03.440 Communicating with the person who's complaining  appropriately we're investigating appropriately we. 0:48:03.440,0:48:09.440 Really want to make sure now more than ever we can  actually prove that we are doing the right things. 0:48:09.440,0:48:15.280 As an organization so it's not enough for us to  just be able to stand up and say with a straight. 0:48:15.280,0:48:22.480 Face absolutely we acted fairly we acted acted  appropriately we acted timely we need to have. 0:48:22.480,0:48:30.160 Clear and legally sound records showing that we  did just that each and every time um so that we're. 0:48:30.160,0:48:37.520 We're able to defend the increase in complaints  that will likely come the way of many of us. 0:48:38.080,0:48:43.280 And again every time i say that i want to say  and so that's why we have to build our culture. 0:48:43.280,0:48:50.640 That much more um quickly and essentially  because we want to combat that increase of. 0:48:50.640,0:48:59.680 Complaints with an increasingly positive and  productive and flourishing culture to combat. 0:48:59.680,0:49:07.600 That increased risk so it's important as you'd  imagine to support our frontline managers i i. 0:49:07.600,0:49:13.680 Again believe training of our frontline managers  is so essential because they're responsible for. 0:49:13.680,0:49:19.840 Making sure that in the case of harassment and  discrimination that we have a harassment and. 0:49:19.840,0:49:25.360 Discriminationfree workplace and so the only way  they can really effectively do that is if we set. 0:49:25.360,0:49:30.560 Them up for success by understanding what in fact  are their responsibilities what in fact do they. 0:49:30.560,0:49:36.880 Have to do if they witness or hear about any in  inappropriate conduct today which might include. 0:49:36.880,0:49:42.320 The social media platforms we were talking about  which might include discussion of politics and. 0:49:42.320,0:49:48.720 Recent executive orders and a belief in favor or  against them etc you know there's a lot that's. 0:49:48.720,0:49:53.920 Changed and so we need to make sure our managers  understand where they should be coming out or. 0:49:53.920,0:50:01.280 What they should be doing when they overhear those  conversations and when they see employees who may. 0:50:01.280,0:50:08.640 Be upset as a result of those conversations so um  you know they're the ones who are really they're. 0:50:08.640,0:50:13.360 They're making real-time decisions and we want to  make sure they're making real-time decisions with. 0:50:13.360,0:50:19.920 The education from hr and with the blessing from  hr and support from hr and so we want to make sure. 0:50:19.920,0:50:24.560 They know they've got to loop in hr which is  another one of the factors that we of course. 0:50:24.560,0:50:29.760 Would include in our training not only educating  them on this disruption and evolution but also. 0:50:29.760,0:50:37.360 Our role in truly being a resource to these  managers to make sure that they're effectively. 0:50:37.360,0:50:44.800 Um handling every important function of their job  so we need to educate them we need to empower them. 0:50:44.800,0:50:50.000 We need to clearly communicate with them we need  to say it seven to 10 times at least to make sure. 0:50:50.000,0:50:55.200 That it gets through and again they could have  the the the highest iq of anyone we know and. 0:50:55.200,0:50:58.720 They probably still need to hear it seven to 10  times because they have a lot going on in their. 0:50:58.720,0:51:04.480 Plates that doesn't relate to human resources and  issues related to this so we really need to make. 0:51:04.480,0:51:08.480 Sure that we're we're doing all those things and  then we're documenting the fact that we're doing. 0:51:08.480,0:51:13.440 All those things when we when we communicate with  our managers when we train our managers again we. 0:51:13.440,0:51:19.840 Want to have strong documentation practices in  place and i that's what i love about hrqe and. 0:51:19.840,0:51:25.120 That's what i preach to all of my employment law  clients because i always believe if you're doing. 0:51:25.120,0:51:30.800 The right things if your leaders are taking the  right steps give yourself credit by documenting. 0:51:30.800,0:51:35.440 The fact that you're doing the right things and  taking the right steps because again it's not. 0:51:35.440,0:51:40.160 Enough to just do them you really need to make  sure you're you're you're documenting the fact. 0:51:40.160,0:51:46.800 That you're doing them katherine quick question  on documentation you you mentioned legally sound. 0:51:46.800,0:51:54.240 Records what do you consider legally sound records  when it comes to documentation so that's a really. 0:51:54.240,0:51:59.680 Good question so legally sound records are you  know there's there a lot of best practices in. 0:51:59.680,0:52:05.520 Records right it's everything from who was part of  the conversation if it was a coaching session of. 0:52:05.520,0:52:11.920 Perhaps a an employee or a manager when was the  conversation i mean it again it never ceases to. 0:52:11.920,0:52:18.000 Amaze me will handle a litigation matter defending  an organization you'll look at the notes of human. 0:52:18.000,0:52:22.960 Resources and again hr people now more than ever  have so much on their plate so it's hard to keep. 0:52:22.960,0:52:28.560 Up with this but they don't have a set process  for how they always include the date and where. 0:52:28.560,0:52:33.040 The meeting took place and who was at the meeting  and what was the followup after the meeting and. 0:52:33.040,0:52:38.640 So you want to make sure you have in an ideal  world templates that you're following even if. 0:52:38.640,0:52:45.600 It's your own int internal template preferably  vetted by like another you know another hr leader. 0:52:45.600,0:52:51.120 Or employment law council but you want to make  sure you have all this important information and. 0:52:51.120,0:52:56.720 It's really handled consistently each and every  time because if you have documentation that's. 0:52:56.720,0:53:04.000 Handled one way one time and another way another  time there's that can be a potential problem for. 0:53:04.000,0:53:09.120 You because it's not consistent and whenever  there's not consistency that opens the door. 0:53:09.120,0:53:15.440 To someone saying that it's either improper or  it's you know discriminatory because one person. 0:53:15.440,0:53:21.920 Was held to these standards another was held to  another so um making sure that your records are. 0:53:21.920,0:53:28.160 Consistent and detail oriented and contain all  the important information that you really need. 0:53:28.160,0:53:34.160 To have to be able to establish that you took  appropriate appropriate action because often. 0:53:34.160,0:53:39.760 Times the action you take can be a legal  defense if someone claims that there was. 0:53:39.760,0:53:44.400 Improper conduct going on whether it's harassment  or discrimination so then the burden shifts back. 0:53:44.400,0:53:49.520 To you as the organization to be able to show that  you did the right thing so great question again. 0:53:49.520,0:53:57.440 Courtney thank you yeah i always say documentary  it didn't happen that's exactly right yeah right. 0:53:57.440,0:54:02.880 Quick plug for hr acuity because this is this  is what our platform helps employee relations. 0:54:02.880,0:54:07.680 Professionals and frontline managers with our  our manager platform be able to do really well. 0:54:07.680,0:54:12.240 You know you said consistency several different  times catherine and and that consistency is so. 0:54:12.240,0:54:18.560 Key both in how you are documenting where you're  storing the documentation um and hrq can help you. 0:54:18.560,0:54:23.760 To do that so you're exactly right and and you  know what you you deserve to do it the right. 0:54:23.760,0:54:29.760 Way as hr leaders as as organizations and again i  can tell you in the employment law context i can't. 0:54:29.760,0:54:36.080 Tell you how many times a well-meaning hr leader  or manager will come in and they they've been. 0:54:36.080,0:54:41.200 Working you know three different jobs and they  haven't had time to keep the accurate information. 0:54:41.200,0:54:46.400 And documentation they needed and they don't have  the templates in place and so they come in kind of. 0:54:46.400,0:54:52.960 Empty-handed and then there's the employee who has  notes and notes and notes and documentation and. 0:54:52.960,0:55:00.400 Records and recordings and all sorts of things  trying to prove their side of the equation and. 0:55:00.400,0:55:05.520 The manager who was so well intended so focused  on their job doesn't have it in place and then. 0:55:05.520,0:55:11.200 You have a jury who tends to be most juries tend  to be promployed to begin with they need to be. 0:55:11.200,0:55:16.560 Shown it needs to be proven to them that this is a  good corporate citizen doing all the right things. 0:55:16.560,0:55:23.120 Documenting taking action and if the organization  and its leaders can't do that they're much more. 0:55:23.120,0:55:26.880 Likely to side with the employee with their  handwritten notes and whatever it else it is that. 0:55:26.880,0:55:35.520 They that they come to court with so great point  c courtney and i i completely agree i i i love the. 0:55:35.520,0:55:42.880 Way hr acuity helps set employers up for success  by making sure there's the consistency needed. 0:55:44.000,0:55:49.280 So as we mentioned earlier complaints like this  is an opportunity to go next level this is an. 0:55:49.280,0:55:54.480 Opportunity to have a growth mindset you know  i like to say high performing teams and high. 0:55:54.480,0:56:00.080 Performing individuals crave or should crave  feedback so you can take that feedback and then. 0:56:00.080,0:56:06.800 Go next level so if we receive complaints whether  they're formal whether they're informal whether. 0:56:06.800,0:56:12.240 They're legitimate whether they're unproven we  can always learn from those complaints and we can. 0:56:12.240,0:56:19.440 Figure out how we can strengthen our culture  by addressing issues that are raised in the. 0:56:19.440,0:56:26.800 Complaints if if any are are you know proven to  be um valid so again we talked about patterns and. 0:56:26.800,0:56:33.040 How patterns might reveal gaps right so it might  reveal those opportunities for us to strengthen. 0:56:33.040,0:56:41.040 Our workplace culture um it's also the way that  we can identify patterns and systemic issues and. 0:56:41.040,0:56:46.320 Perhaps it's performance issues of a manager if  you continue to have employees complain even if. 0:56:46.320,0:56:51.360 There's nothing perhaps illegal about what they're  complaining about related to a manager again it. 0:56:51.360,0:56:57.920 May address a performance issue and that still  needs to be addressed if it's a management style. 0:56:57.920,0:57:02.640 That is driving employees away a management  style that's causing employees to be absent. 0:57:02.640,0:57:08.880 From work more often than others a management  style that's causing employees to complain more. 0:57:08.880,0:57:16.400 So again we should really gain these insights  from any complaints we receive and look to see. 0:57:16.400,0:57:22.640 What gaps are identified through that and then as  a result once we see the gaps that's when we step. 0:57:22.640,0:57:29.040 In and we proactively implement solutions whether  it's putting additional helpful policies in place. 0:57:29.040,0:57:34.320 And communicating those policies across the  board whether it's really bringing in additional. 0:57:34.320,0:57:42.320 Training programs that um you know again one of  my one of my personal um commitments is to making. 0:57:42.320,0:57:48.320 Sure all of the training that i do either from an  instructorled or e-learning perspective it really. 0:57:48.320,0:57:55.280 Incorporates the concept of empathy into the  training because i believe one i know studies show. 0:57:55.280,0:58:01.680 That you absolutely can improve an individual's  empathy um there are also studies that show that. 0:58:01.680,0:58:08.480 Only 10% of individuals are naturally born  empathetic and the rest of us either learn. 0:58:08.480,0:58:13.920 It or don't throughout the course of our lifetime  but it's definitely a skill that can be developed. 0:58:13.920,0:58:19.520 And people can become more empathetic and that  as you can imagine that does nothing but help. 0:58:19.520,0:58:24.160 The workplace if we have more employees in the  workplace who are more empathetic than they were. 0:58:24.160,0:58:28.960 Yesterday that's only a good thing so i i always  like to pepper that into any type of training even. 0:58:28.960,0:58:33.520 If it's compliance training let's teach people  what they need to do to comply while they're. 0:58:33.520,0:58:41.840 Becoming better team members better leaders  etc and again addressing these complaints can. 0:58:41.840,0:58:49.440 Enhance trust and transparency two things that we  as hr leaders are often look to from the employees. 0:58:49.440,0:58:54.320 Who work with our organizations they want to know  they can trust us and the organization they want. 0:58:54.320,0:59:01.920 To know that the organization is being open and  honest and as transparent as possible with them. 0:59:01.920,0:59:05.200 And you know if you're talking about the complaint  process well then it's just a question of. 0:59:05.200,0:59:10.640 Whoever's bringing the complaint to you you want  to make sure that the communication continues. 0:59:10.640,0:59:16.080 Because again when i've seen some employment  litigation that hasn't gone the way a company has. 0:59:16.080,0:59:22.400 Wanted it often times it's because the complaining  employee is upset that the company never got back. 0:59:22.400,0:59:26.560 To them and never communicated that they handled  the situation and even though you have you're. 0:59:26.560,0:59:30.880 Walking a fine line you can't necessarily give  the details about somebody's performance that. 0:59:30.880,0:59:36.880 Might have been medded onto somebody who violated  a policy you can still circle back and communicate. 0:59:36.880,0:59:41.120 In a timely and effective way and if you don't  know that that employee is going to think you. 0:59:41.120,0:59:46.480 Did nothing and they're likely to want to lash  out and that's going to cause a complaint and. 0:59:46.480,0:59:53.600 Something that you could otherwise avoid um also  by being open and responsive when complaints are. 0:59:53.600,0:59:57.920 Brought to your attention on the front end by  having policies that say you are on the front. 0:59:57.920,1:00:03.600 End by having training that says you are and  then when you're in the moment with somebody. 1:00:03.600,1:00:08.160 Who's bringing the complaints if you do that  that's going to help employees think this is a. 1:00:08.160,1:00:14.160 Culture that really cares about employees who are  having issues who have concerns this is a culture. 1:00:14.160,1:00:20.240 That has a growth mindset that wants to know if  there are ways that we can do things better and. 1:00:20.240,1:00:25.440 Um and and in doing that and having that open  communication again that's one of the ways. 1:00:25.440,1:00:30.400 Your leaders within your organizations can can  build that trust build the credibility with the. 1:00:30.400,1:00:39.120 Employees and really build the the resilience that  will effectively work for your organization so. 1:00:39.120,1:00:44.240 We're almost through just a few last thoughts um  again we talked about starting with your current. 1:00:44.240,1:00:49.360 State really doing an analysis of where we are  right now do we have any patterns where do we. 1:00:49.360,1:00:53.840 Want to go where do we think our weaknesses are  are and so we want to define our objectives there. 1:00:53.840,1:00:58.480 Whether it's minimizing the potential legal risk  that we think is headed our way and increasing. 1:00:58.480,1:01:03.600 Numbers whether it's building our culture to the  next level taking where we are right now taking. 1:01:03.600,1:01:08.880 The divisiveness of the workplace and figuring out  what are objectives for moving forward how can we. 1:01:08.880,1:01:15.280 Bring our team members forward along these lines  and then educating and empowering your leaders. 1:01:15.280,1:01:19.280 And employees within the organizations with the  right tools whether it's the right policies the. 1:01:19.280,1:01:26.320 Right processes the right training so that  you can have the best possible workplace so. 1:01:26.320,1:01:31.520 Um i i wish you all the best of success in  accomplishing these really noble objectives. 1:01:31.520,1:01:36.880 I think right now in the workplace there's no  more important position than a human resources. 1:01:36.880,1:01:43.600 Leader who's committed to the the betterment of  their organizations and and i commend hre courtney. 1:01:43.600,1:01:48.960 And lexi malone and all of your leaders and employees  for for really the mission that you're you're. 1:01:48.960,1:01:54.240 Helping these organizations accomplish so thank  you so much for involving me in this conversation. 1:01:54.240,1:01:59.280 Well katherine we appreciate you being here  this was fantastic information and so timely. 1:01:59.280,1:02:03.680 Um and relevant to i think what we're  all experiencing right now and so really. 1:02:03.680,1:02:10.160 Appreciate your time um kathy has put a couple of  resources in the chat um you can follow shift hr. 1:02:10.160,1:02:15.200 Compliance training on linkedin um for lots  lots more resources and information um she. 1:02:15.200,1:02:19.600 Also put katherine's email so if you had some  questions that we weren't able to get to today. 1:02:19.600,1:02:27.200 Um feel free to reach out yes and if uh anything  that you learned today about hrue is interesting. 1:02:27.200,1:02:31.920 To you or or you'd just like to learn more we'd  be more than happy to schedule a curiosity tour. 1:02:31.920,1:02:36.480 And there's a link in the chat for that as well so  thank you so much katherine and thank you everyone. 1:02:36.480,1:02:41.840 For being here um have a great afternoon thank  you thank you have a great afternoon everybody.