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!

The Naked King

Brian was a proud leader.  He’d driven his organization forward with growth and innovation and developed a team of high performing individuals.  Yet as Brian exuberantly pushed toward greater investor returns and new opportunities, he simultaneously generated friction among his team.  Unbeknownst to Brian, the team felt restrained, held back, and at times disengaged.  Why didn’t Brian know?  Brian, was a naked King.

As in Hans Christian Andersen’s tale the Emperor’s New Clothes, Brian like many of today’s leaders, shares a common circumstance as the King and his minions in the well-known fable.  Employees, even at the executive level, are like the townspeople, withholding information and feedback.  Why does this happen?  

Leaders, like the rest of us, seek out positive and encouraging feedback, and resist negative or contradictory information.  Similarly, a leader’s style in managing difficult situations is likely to mirror the rest of society and venture toward conflict avoidance (seen as negating or ignoring an issue), or confrontation (seen as bullying or intimidating behaviors).  Further complicating the situation, the power and influence of a leader combined with these common character traits, become more pronounced and more challenging for others to overcome.  

But does our leader know s/he is naked?  Some, no doubt are aware.  These leaders hope to keep others in the dark.  They tend to be secretive and closed off, and their organizations are likely to have heavy turnover.  But most leaders, like Brian, are at best mildly aware.  They are friendly and open, get along well with others, and make an effort toward being available.  They take their ability to be engaging, friendly, and socialize with their staff as evidence that their leadership is strong and healthy.  The problem however, is that they do not invite feedback and criticism.  If it’s hard to give feedback to a friend, what happens when s/he is also your boss?  Forget about it.

So what can the naked King do?

Given that the risks are too high for clear feedback to come through internal efforts, Leaders who want to know what their team is thinking will need to consider getting outside help.  Through quasi-360° evaluations conducted by a consultant or coach, a leader can learn of the concerns which exist in the organization, and of his/her leadership style, while minimizing fear and resistance among the staff or executives who are providing the feedback.  But that’s only step 1.  Step 2 is to utilize that feedback and prove to your team that it was worth their effort, and risk, to provide it.  This will most likely entail executive coaching, as well as a degree of transparency regarding your knowledge or acceptance of the feedback and your efforts to remedy the situation.  Steps 3 through infinity will be to keep that conversation going.  Encouraging others to give feedback in real time – not after the King has walked naked through the town.

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?