Why I Hate the Law

Do you know what I find frustrating?  Laws.  I find them frustrating because the effort to follow the law often neglects to bring resolution to the problem it’s intended to resolve.  My clients often engage me for this very reason.  They want to bring real change, but simply keeping with the law doesn’t get them there. 

Take for example AB1825, a law enacted in 2007 requiring Sexual Harassment training.  While businesses dutifully follow it, thereby demonstrating legal compliance, there has been no discernable drop in the prevalence of sexual harassment claims in the decade since its inception.  The EEOC study report on these findings was released this summer.  They also found that policies to address discrimination and harassment, though less studied, have similarly poor results. 

Sadly, none of this information surprises me.  Why?  Because AB1825 gave employers a single answer to a multi-faceted problem.  Much like many other laws, the outcomes were an afterthought.  And, once this ‘solution’ is given, businesses no longer have the same responsibility to figure it out for themselves. 

Of even greater concern, the law helps insulate the businesses from legal action.  As a result, businesses who are not inclined to improve, have even less reason for doing so.  The EEOC found evidence of this.  In fact, some of the most pernicious forms of discrimination and harassment were largely ignored by organizations as they were done at the hands of a “superstar”.  Rather than risk the loss of this rainmaker, businesses found ways to work around the problem, often by transferring victims or taking other steps to mollify them. 

So, what can a business owner or HR do?  Here is my multi-faceted suggestion that you can use to bring change to your workplace.

Clarify the Problem

As each business environment is as unique as the people working in it, begin by identifying the people or circumstances that are at the center of complaints.  Then ask yourself, What would need to be different for the problems to stop?  What could make the problems resurface?  As you ask these questions, you begin to hone in on what needs to be done.

Get Creative

Begin by brainstorming – with a small team of thoughtful individuals.  Initial ideas may look like those tried in the past, write them down but keep going and explore alternative ideas.  Create the goal of generating 10 new ideas.  Doing so forces out-of-the-box thinking and is likely to bring you novel and workable ideas. 

Test the Success

Enact the best solutions and see what happens.  Does change come?  Are there unexpected consequences?  Continue to work between creativity and testing out solutions until you find one that yields desired results without dire consequences.

Share Outcomes

The business world needs more ideas – so share what works.  Blog, speak or Post your ideas below!

Are You A Decision Maker?

Gary and Jason (not their real names) have been business partners for over a decade. But while their joint practice is blooming, their partnership is in trouble. Why? Decision making, essential to the forward momentum of their business, has been stalled.

The impetus for this struggle is Jason’s assistant Damian, who is also his brother-in-law.  Damian is not able to keep pace with the growing demands of the job, and overflow work has fallen on the shoulders of Gary’s assistant, Brenda.  The result: frustration, resentment, and a bottle-necking of work.  Making matters worse, while Gary addressed his concerns with Jason, Jason held off taking any clear actions.  Now, communication between the two has become stilted, and both recognize the practice is beginning to suffer.  To date they have lost one large business prospect, and are at risk of losing two current clients.  Further complicating the situation, Brenda has become irritable and Gary is concerned she may quit. Gary and Jason are considering the need to divide the business, each taking a portion of the clients with him.  At the recommendation of their accountant, the two agreed to meet with a facilitator to discuss their options.

When I met with Gary and Jason, each expressed concerns about the health of their business and their partnership.  Both also acknowledged struggles on the customer service end.  However their solutions to these issues were not well-aligned.  Jason expressed a committed to staying together and hiring more staff.  Gary was set on separating their practice and ending their partnership. 

Through the facilitative process, Gary was asked to clarify his reasons for wanting to dissolve their business. As he expressed his concerns about Jason’s management (and lack thereof) of staff, Jason brushed it off. When Jason was asked to explain his position and his efforts to manage staff – he became defensive and resistant.

Jason’s failure to take action, or even explain his reasons for not doing so, had become the primary source of the contention between he and Gary. Yet he continued to point to other issues. What Jason struggled to realize: His brother-in-law was no longer the problem, his refusal to take action was.

I worked with Jason and Gary to identify the initiating event (Damian’s inefficiency) and the progressive costs resulting from Jason’s reluctance to address the issue head-on.

The cost of this indecision:
- Work suffered (with internal and external impacts)
- Decreased ability to earn money
- Anxiety and loss of sleep
- Damaged relationships (professionally and personally)

As the discussion continued, it became clear these costs were not incurred by Jason or Gary alone. Other employees were impacted. Clients were impacted. Their families were impacted.

I asked Jason, “Did you knowingly sacrifice all that (the costs previously outlined), to protect Damian from potential job loss or hurt feelings?” It seemed ridiculous, in this light, that Jason had actually done just that. Through the facilitative process Jason took ownership for the situation that had come to pass. And, he and Gary became realigned as they planned the steps toward stabilizing their practice.

Jason, like many people, had become paralyzed with fear. To avoid dealing with a difficult issue, he lived only in the moment – and the moment never felt right for giving feedback or terminating a family member.

The lesson is this: Indecision and stagnancy, regardless of the reasons behind them, will lead to more problems. Some far greater than the initiating circumstances. With this in mind, I encourage you to examine your own life – What decisions are you putting off? What is the price you are paying for that indecision? What help do you need to begin the forward momentum that will bring you success?

Communication - Enough is Enough!

We talk about the importance of communication, yet are we getting any closer to solving our communication problems?  All too often, the answer is "No".  Well I'm here to say, "Enough is enough."  Are you with me?

Good. Because here is what I'm really saying - enough is enough. In other words, as a specialist in communication and conflict resolution, I can tell you that the biggest problems I find in business, among teams, and within families, occurs when one, both or all parties fail to pay attention to whether or not enough information has actually been exchanged. How could you know when this is happening? Read on:

1. You can tell the other person is "giving in" to you - or you are giving in to them.  Often done to avoid an argument or lengthy discussion, this situation occurs when we try to get things done without over-questioning or over-explaining. Things may seem fine as work is getting done and things are being handled. However, the long term result is that the party who "gives in" makes assumptions about the other person and the reason for their requests. They may see him or her as difficult, unreasonable, or even foolish. Over time respect is lost and the relationship is damaged.

2. You unexpectedly get resistance over something - Similar to the situation above, this time the other person isn't giving in, but is in some way pushing back. S/he may be quietly avoiding work that should be done, pushing your buttons by asking questions you see as unnecessary, or repeatedly doing something the "wrong" way. You may feel frustrated or angry with this person's attitude or behavior. Over time this resistance may reach to a level of insubordination and discipline.


3. You find yourself telling the other person to "Just do it" - Perhaps you've learned to expect resistance over a particular request or by a specific individual.  Rather than enter into a discussion you give a straight-forward order. You may see this as the fastest way to get from point A to point B, but at what cost? While intended to cut out some of the problems above, instead this type of communication complicates things further. A direct order demonstrates a lack of trust in the recipient's ability to make decisions or think things through. In business this causes employee dissatisfaction and in any situation erodes positive elements of the relationship.


4. You sense the other person's unspoken confusion, annoyance, or frustration - Perhaps you are savvy enough to recognize these signs of resistance, but are you addressing them? Have you truly unveiled the problems that lead to those feelings? Most of the time we take the shortest route for getting something done, and instead of entering into a discussion about the task, request, etc., we respond by allowing one of the three prior scenarios to take hold. Or, we do seek to address the issue, but allow it to be closed even when we aren't sure that the problem has been solved - only that the effort has been made.


In all of these situations, "enough" did not happen. The best of intentions did not lead to the best results. Instead, communication was stilted, incomplete, compromised, or completely ignored.  To improve communication, you must be sure that the information exchange also answered the question, "Why?"  In other words, why is this needed, why should it be done this way, and/or why are you resisting the request that was made?

Top 5 Situations where Intervention is Necessary

As a business owner or Human Resources professional, you're aware of employee tensions and occasional outbursts of anger or frustration. They're common to the workplace. And things usually settle down in a day or two. But sometimes they don't. Sometimes things get worse, or even spiral unexpectedly out of control. How can you know which conflicts need your involvement and which can be allowed to resolve themselves?

As a Conflict Resolution professional, I hear these questions often. Here are the Top 5 Situations where Intervention is Necessary, along with my rationale for why it is time to step in.

1. Repeat Complaints
As the most common problem requiring intervention, repeat complaints are also the one most likely to be ignored or given a low level of attention. Why? Complaints between employees are often chalked up to personality differences or viewed as minor or commonplace. Repeat complainers may even become branded as being the problem itself.
The reality: Repeat complaints signal a level of urgency. When a number of people share the complaint, the problem is widespread. If one person is complaining, and running the risk of being labeled as a result, the problem is most likely unbearable for them. In either event, keep in mind that when you hear a complaint, you're only hearing about the tip of the iceberg. There is always more that lies beneath the surface - and you need to find out more.

2. Frequent or Unexpected Turnover or Transfer Requests
While turnover issues get noticed, it's typically because the focus shifts to replacing the lost or transferred individuals. HR or Management may rationalize the reasons for such departures, or (if the employees are not of particular value to the company) they may be unconcerned about the staffing changes. But the key words here are "frequent or unexpected". Turnover and transfer requests are usually precipitated by problems or dysfunction within the department or team from which they are occurring.
Waiting to step in and address such issues sends an unfortunate message that either HR/Management doesn't recognize the problem, doesn't know what to do about the problem, or simply doesn't care that the problem exists. In any event, the problem will snowball and more staff will leave, including those you can't afford to lose.

3. Legal Concerns
Let's say you learn through the grapevine that an employee is making general threats of legal action. Or, you hear words like "hostile work environment" or "harassment" floating among certain groups. Unfortunately, HR or Management frequently start their efforts to address this issue by getting in touch with their legal adviser, focusing on their departments' record-keeping, and ensuring that all requisite training programs, like sexual harassment training, are up to date and documented.
Reasons for this point of focus range from disbelief that the problem or threat is significant, concern that addressing the issue will make things worse, or wanting to wait until the affected person approaches or informs them directly. Unfortunately, I see these asr duck and cover efforts.  They are not focused on resolving the problem, but on insulating the company from further damage.
The problem is that time is being wasted. If the issue is minor, there is no need to perform an audit of all record-keeping; if instead the issue is serious - any delay means you are losing the opportunity to minimize damages or nip the potential problem in the bud.

4. Arguments or Tensions are Intensifying or Never-Ending
Sometimes HR or Management is aware of a problem, but no one has asked for help and there are no concerns about bullying, harassment, or other workplace violations. The problem is simply chalked up to a "personality difference" between employees. Due to limited time and resources, such problems are often given little, if any, attention. However, when these conflicts intensify or are long-lasting it is no longer appropriate for helpers to remain on the sidelines. Whether there are complaints or not, such tensions will lead to problems with morale, increases in turnover and absenteeism, and possibly even lead to workplace violence. Further, the longer these problems fester, the worse it will get. While there is no line in the sand to say when it is time to step in based on time or intensity of the problem, it is imperative that you keep such issues on your radar, and have a plan for addressing them.

5. Tensions among Top-level Staff
Human Resource professionals and mid-level management often hit a brick wall when there are tensions or problems among top-level staff. They often see the issue or feel the impact, but are unable to create change or resolve the issue. Why? Trying to help those in a position of power above you creates its own strife. Add to that the limited authority HR often holds, and the confined level of trust or respect they typically enjoy when it comes to working with the C-suite executives and owners. It's a near impossible situation to contend with. HR may want to help, but are limited and/or fearful of doing so. Regardless of these limitations, it's not OK to wait. Expecting things to blow-over is a fallacy. Chances are that by the time HR has becomes aware of problems at the top, things have already deteriorated. And while things may go into temporary remission, most likely because of the recent exposure to HR or other staff members, anger and grudges do not go away because we ignore them. They fester, grow, and become more explosive and damaging over time. Problems at the top are like an avalanche, and can easily destroy all that lies beneath them.

If you recognize that intervention is needed for these or other reasons, please contact us to discuss how we might help you address these challenging situations.