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!

D.I.Y. – A Plan for Culture Change

What’s your company’s culture?  I’m not asking what you want it to be, or what you tell your customers or clients.  I mean what are the day to day behaviors that are encouraged, rewarded and repeated by members of your team?  Is success based in camaraderie or cut-throat attitudes?  Do your foster teamwork or territorial behaviors?  An organization’s culture is not about what you say, but what you do.

As we start the New Year, this may be the perfect time to begin looking at making change, building upon what works, eliminating what doesn’t, and creating the culture your organization needs to succeed.  This isn’t about making a statement or creating a Phantom Culture.  This is about making deep, meaningful change.  Identifying and developing the culture that you want requires vision, planning, and commitment.

Vision – Know what you want the culture to be.  You may not be able to define the specifics, but you know that behaviors, attitudes, or teamwork will be different.  Have a vision, for how work will flow, people will function, and how business will be conducted.  As you determine your ideal, you can begin identifying what does, and does not, currently support that ideal.  Find your dream-team – those who are dedicated to creating that ideal.  They are needed to move any vision forward.

Planning – The vision is your end-game.  Planning is where you begin the work to get there.  Assemble your dream team and support them with time, space, and any other necessary tools to begin working toward that goal.  This team will need to work collaboratively to identify the specific qualities, in terms of behavior and performance, which will support the vision.  They will more fully imagine the vision, while refining the needs that the vision identified, and breaking them down into action steps.

Commitment – Having the vision, and carry-through of developing a plan will not change your culture unless you are committed to implementing it in every way possible.  Creating a culture and standing behind it means addressing those behavioral and performance standards during routine feedback, annual performance reviews, and everything in between.  It means holding every employee, at every level of the organization, accountable to that same standard, and it means making hard decisions when someone doesn’t “fit” your culture. 

Creating a new company culture is not simple or easy, but it yields impressive results.  When you identify and support your top performers, loyalty and productivity rise.  When you eliminate those on your staff who don’t demonstrate competency or accountability, you remove errors and stagnation.  A new culture allows you to promote the skills your organization needs to be its best, while removing the human hurdles that limit success.  The result - You create a dynamic team that can accomplish great things.  And who doesn’t want, and need, that? 

If You Have to Use Metrics…

Earlier this year I wrote an article “Are Metrics Killing Morale?” in which I challenged the benefits of (often blind) information gathering and took to task the greater importance of communicating openly and having reciprocal trust with employees.  While I remain firm in that opinion, I also recognize that there are reasons to collect data.  When that is the case, the human element must still be considered.  So the focus needs to turn toward strategies which produce the most value, with the fewest drawbacks.

Metrics are utilized for the purpose of improving business operations or output.  They may be intended to enhance customer service, manage productivity, or boost profitability.  While the purpose is clear, the challenge remains:  The act of collecting metrics can affect morale, and undermine an otherwise functional work environment.

Following are suggestions for engaging in the collection of metrics in a thoughtful and collaborative manner – one in which employee input and buy-in occur at the onset. 

1.    State your core goal – Do you want to improve profitability?  Increase customer satisfaction?  Reduce theft?  Make your purpose clear to all those who will be affected by any changes.  Telling them your purpose allows you to begin building buy-in before you begin implementing ideas.

2.    Share ideas - Most likely your Executive team has already considered several ideas for progressing toward the core goal.   Before making/or furthering an investment in technology or software, share these ideas with the employees who will be affected.  Their intimate knowledge of the company, clients, and processes may yield invaluable information or ideas.  

3.    Involve staff - Ask the employees who will be utilizing or implementing tracking activities to critique the ideas brought forth.  Will the goal be attained?  What won’t work?  What problems have been missed?  Is there anything inherently wrong with the methodology?  Have staff suggest alternate solutions.  Encourage them to brainstorm ideas or propose changes that will attain the desired goal.

4.    Build consensus – Once ideas have been heard, and a plan is in place, it’s time to sell the idea to your staff.  This is an internal marketing moment, because change is hard and you need commitment and buy-in from a majority of your staff if you want the project to be successful.   Be sure to openly communicate details including: Who will be involved?  What will be required? Where will the information go?  How will it be used?  How long will the metrics/tracking last? And be ready to defend the “Why?” for all of those questions.  Be prepared to answer their questions and to “sell” the projected plan.

5.    Begin slowly – Executing a project that transforms your business in terms of large goals like customer satisfaction or productivity takes time to succeed.  Rather than moving at full force from day 1, consider having a pilot group that begins the process.  Depending on your circumstances, you may want this group to be from one department, or you may prefer a diverse group test it out.  

6.    Be Nimble - As you begin to undertake a plan for change, problems are likely to surface or unforeseen issues arise.  Be ready to make changes to the plan as needs suggest, and communicate any change, and the reasons behind them, to your staff.  

7.    Share results – At pre-determined intervals, (ie. 90 days, 6 mos., 1 year) let staff know how the project is going.  Has the data collected been valuable for illuminating the needs/problems?  Is it assisting us in reaching our goal?  What changes will be made as a result of the information we have acquired?

By engaging with staff before, during, and after the process has begun, you establish both a collaborative partnership built on trust and communication, as well as a shared commitment to the success of the organization.