Shooting the Messenger - Retaliation Takes Center Stage at EEOC

The EEOC recently announced that retaliation charges topped the number of claims filed in fiscal year 2009. In a year where claims reached a 10-year high, for the first time, more people contended they were harmed due to complaining of discrimination than for receiving unlawful treatment tied to race, sex, age, religion, or other protected categories.

Some will say that this is the result of recent Supreme Court rulings expanding retaliation protection, that employees are savvier about building claims, that a bad economy is driving employees to grasp at any straw to keep their jobs or get healthy settlements. All may be true. In response, some will redraft and republish anti-retaliation policies, train everyone on the law, document attendance, and beef up internal controls. These are good ideas, but alone they miss the heart of the problem.

Beyond the EEOC’s laws, we have scores of regulations prohibiting retaliation that cover topics ranging from employment to labor relations to workplace and product safety to corrupt practices. The idea is that the sooner and wherever a problem is reported, the more likely it will be solved quickly and inexpensively. But human nature gets in the way. None of us like to be told we are wrong or need to change how we act. Many leaders choose to punish, ignore, or ostracize the human “canary in the mineshaft” who brings issues forward no matter what the rules are. Unless this reflex is changed, drafting tougher anti-retaliation policies and providing training around them will be of limited value. What people are told may be affected, but what they believe and how they act will not.

The question that communication and education must solve is this: How do we credibly let people know that we want to find out about complaints or concerns rather than wait for a disaster to wake us up? The answer is that all leaders, in their own voice and frequently, need to say – that is, literally say – that finding out about problems is important to them and the health of their business. Of course, there’s a responsibility on the part of complainants to raise issues in good faith – this must be addressed, too. Here are some learning tips for leaders that cost nothing and don’t show up in any law or regulation but will reinforce their commitment and accomplish much:

• Let people know you want to find out about issues. Say this in your voice, face to face, and frequently. Don’t just rely on publishing policies to make your point. Training should support your message, not just a legal message.
• Make sure you tell your direct reports to do the same thing and that you expect them to communicate that message to others. Hold them accountable for doing this.
• When people come forward, listen before you react.
• Explain the problem they have communicated to you so it’s clear that you understand it.
• Thank them for coming forward with their concern.
• Get back to them, and let them know you have looked into the issue; whatever your decision is, communicate it.
• Don’t multitask, roll your eyes, dismiss what you are hearing, or say it can’t be so.

All of these actions communicate that leaders want to find out about concerns and fix them rather than allow them to fester and send the messenger to the EEOC, another agency, or a lawyer’s office.