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HR managers are challenged by a wide range of
issues — from ethical issues related to the organization as
a whole to employee rights and responsibilities to unionization
questions.
The links below highlight some of the ways to better understand
these issues:
Ethics
There are questions of ethics in business where there seems to be
no right answer -- just the lesser of two wrong ones. In these cases,
it is critical to gain others' perspectives and then return to the
fundamentals of doing what is "right" (or the least wrong
of undesirable options!).
Even with this admonition, different cultures have beliefs and situations
that make ethical decisions variable based on the where and when.
Child labor is considered unethical or immoral in the U. S., but
in some foreign countries, working in a factory at a very young
age is preferable to becoming a street prostitute or a thief --
or losing their life.
Thus, application of ethics requires a deep understanding of the
situation and the mores of the society involved. Doing what is right,
such as offering and taking bribes, is considered unethical and
illegal in the U. S. and many other developed countries. In some
less developed countries, it is part of their "normal trade
practices," much as a sales commission is in many developed
countries -- so is it unethical or not??
The best rule is that there is no one rule. Protect human life and
follow good basic moral values. After that it gets very complex.
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Rights & Responsibilities
There exists among workers and the public at large an alarming contrast.
The desire for more and more rights but little sense of responsibility
and accountability (of people at any level) that must accompany
these rights. The HR function often must deal with this issue, and
the only way to deal with it is head-on. If people want rights and
freedom, then they must earn them by being responsible for their
actions and accountable for the outcomes. There is no other answer
-- don't look for one.
The best way to reinforce this is when a positive opportunity presents
itself -- one in which a person or group is granted rights, and
takes responsibility and accountability for good outcomes. Then
giving them still more rights reinforces the desired behavior and
sends a message to all of those around them. Make a visible issue
of the success -- "praise in public" (and critique those
who fail "in private") but do both promptly and as specifically
as possible. (Not just "good job"! but "Good job
on completing the project on time and under budget"!)
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Diversity
Diversity is useful and valuable -- and terribly hard to legislate!
There is a richness of viewpoints that comes from a group with differing
ages, sexes, national/cultural backgrounds, etc. Thus the wise thing
is not to use quotas -- that is just reverse discrimination. Use
proactive search for diversity and then let the diversity test be
the "tiebreaker" when talents and qualifications appear
to be about equal.
A friend lost a promotion to a female who was far less qualified
than he was -- simply due to diversity having an undue influence
on the decision. This is wrong. On the other hand, sitting in a
room with an executive committee of a company that consists of 12
white males between the ages of 35 and 55 virtually guarantees that
too narrow a perspective will be applied to many major decisions.
That is also wrong.
What to do is to recruit and seek out diversity actively. This may
mean adding some stops to the college recruiting schedule, or modifying
some internal training programs to help some of a primarily female
nursing or secretarial group to reach for upcoming promotions. That
is a positive approach to building diversity. Seeking new applicants
at heavily minority or international colleges and universities and
engaging in outreach or foreign exchange student programs are all
diversity building steps. Apply some creative thinking and the result
is likely to be diversity without reverse discrimination -- and
that is a win-win outcome.
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Misbehavior & Unlawful Practices
These occur in many forms, which is why companies have rules and
regulations. Such rules and regulations must be as concise as possible
but above all they must be clearly stated and uniformly enforced.
Nothing will undermine rules faster than inconsistent enforcement.
If possible, it is best if the rules are a joint effort of a multi-level
team of people -- management, hourly, clerical, etc. This assures
that differing perspectives will be considered and aids buy-in by
peers.
Chronic issues such as substance abuse (and random drug testing),
Internet & email abuse, borderline harassment cases, disruptive
horseplay, etc., make the necessity of an even-handed HR function
more critical. The frequency of problems increases with turnover
in the work force, late night shifts and the combination of these
two. Since there is less supervision on night shifts, and more potential
for misbehavior (due to darkness, if nothing else) any detection/prevention
plan must concentrate on these problem times. Large facilities create
more problems, especially in remote or infrequently traveled areas.
Security patrols following irregular intervals can sometimes help
in these cases.
In the instance of unlawful behavior, the key is to be completely
informed and to be sure that your organization is fully aware of
what is and is not legal and appropriate behavior. Consistent enforcement
including, when appropriate, formal prosecution of unlawful practices,
is a strong deterrent. Some argue against this, but experience has
proven that law-breakers will do it over and over unless action
is taken.
Sexual harassment, problems with disabilities, forms of racial discrimination,
wrongful terminations, etc. lead to costly, time-consuming and contentious
litigation. These activities do not create value for customers --
and that’s what business is all about. As the old saw says, "An
ounce of prevention is worth a pound of cure" ... or a ton
of lawsuits!
Rapid, progressive disciplinary action including suspension and
termination based on clearly written and well-communicated rules
is the only way to send the clear message of what is unacceptable
behavior. Fairness and firmness are the keys to success. Know the
laws. Make good rules, and make sure the organization knows them
and enforces them consistently. Insist that employees obey the law
and follow the rules. Easy to say -- hard to do -- but the only
true solutions.
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Government Intervention & Compliance
Legislation and government regulations unfavorable to or restrictive
on employers in areas such as HR vary so widely by country that
there is only one solution and admonition. Know the rules! The more
knowledgeable you are the more prepared you are to find the options,
loopholes, and catch points.
Even though such regulations are often voluminous and hard to understand,
get help, and stay up to date. This is the only defense. Then prepare
to become proactive. Governments in most parts of the world try
to do what is right and best for the people of their country. Sometimes
they don't know any better or are misled by a faction or special
interest into passing regulations that are not in the common good.
Stay in contact with the elected or appointed official who has the
jurisdiction over or influence on your area of work -- HR. Only
proactive management can help avoid such traps -- and then not always.
But it is far better being on the inside while decisions are being
made that on the outside trying to change them later.
There are constantly changing and increasing governmental regulations
around the world. Some examples in the U. S alone include the EEOC,
OSHA, ADA, Fair Labor Standards Act, and National Labor Relations
Board. It is critical to know what the rules are and to use expert
assistance in making sure you comply with them in a way that does
not create a legal liability or a competitive disadvantage for your
company. 'Nuf said!
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Safety & Security
Both personal security and company security, in parking lots, on
the job, outside of the normal workplace, in off-site work, in hazardous
occupations, etc.. have become major issues. Once again, prevention
or elimination of the situation is the best approach, but that is
not always possible.
Photo identification badges or key cards are an important part of
a security program. These can be used to both identify employees
and permit their entry while recording who went where, when, etc.
Visitors' badges are among the most misused and poorly used precautions
at most companies. Unescorted visitors are a serious safety or security
risk -- yet are commonplace.
Fenced yards with gates and prominent security personnel can be
an effective deterrent. Excellent lighting is an essential, and
perhaps the best "bang for the buck." Another effective
approach is to educate workers about the places and situations to
avoid. Working alone in a building or isolated area at odd hours
is a bad practice. Walking to off-premises parking in the dark and/or
marginal neighborhoods, alone, late at night is often dangerous.
People who must work late frequently need secure, safe, well-lighted
parking areas.
Unsafe work practices, such as loose clothing or long hair around
machines, open-toed shoes or sandals, and failure to use prescribed
protective equipment are all common problems. The best solution
for good workplace safety is a comprehensive training program and
enforcement of safe practices rules, reinforced by good (conformance)
examples set by the management leadership.
An assessment of risk areas must be done, and then prioritization
based on severity and past experience of problems used as a guide
to corrective or preventative action. This is no place to "close
the barn door after the horse has escaped."
If travel to hazardous areas is contemplated, then a review of the
U.S. State Dept. website guidelines for dangerous places to avoid
is also a good idea. If the regions are not dangerous, but the plant
or office location might be, then intra-company directives can be
used to warn visitors of safe practices.
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Bad Corporate Image
Public relations problems of business have existed from the growth
of investigative reporting by news media. Companies are often indicted
and convicted before or without even being tried for anything. Rumors
can spread like wildfire on the Internet, and can be very difficult
to stop or rebut. Positive PR campaigns are occasionally useful,
but the most effective approach is good community citizenship and
good employment practices, combined with integrity and ethics.
Secondarily, there is little reason to attempt to gain publicity
for some parts of a company’s operations. There is even a danger
of appearing to be defensive or creating suspicion. In addition,
the risk of creating problems or giving away trade secrets far outweighs
the benefits -- unless there is a marketing program that requires
it.
Tours are a good image builder, but unless well planned and managed,
can be fraught with peril -- safety, liability, trade secret theft,
security, and costs are reason public tours are limited at most
plants and companies.
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Unions
Union organizational efforts have moved down the list as union membership
is less popular than ever. Widely publicized strikes, disruption
of business, restriction of competitive economics resulting in plant
closing or relocation and slowing of necessary changes in work practices
are all reasons for this. Still, when employers fail to listen to
or communicate with their employees, unions often get involved.
There is an entire body of legal work about what to do and not do
during a union organizing campaign. The old acronym "TIPS"
is still a good memory prod for what you cannot legally do during
an organizing campaign: Do not Threaten, Interrogate, Promise, or
Spy on union organizing activities. What you can do is communicate,
tell the truth, inform employees about what unions can and cannot
do for them, and generally be proactive about the company’s position
that unions are unnecessary.
Then the company needs to genuinely make the union unnecessary by
open, frequent, honest two-way communications, with heavy emphasis
on listening to the issues that started the whole problem.
The rule here is "when in doubt, check it out" with a
qualified labor law specialist -- laws in different countries differ
widely. But above all, good human relations practices and a well-trained
management group working and communicating openly in a positive
culture are the best union avoidance "tactics."
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