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lesson.docxLESSON TOPICS
· High Standards of Professional and Personal Conduct
· Continuation of Professional Growth in the Field of Human Resources
· Maintaining the Confidentiality of Privileged Information
· Refraining from Using Personal Position for Inappropriate Gain
· Hostile Work Environment
· Taking Action Against Harassment
· Whistleblower Protection Act
INTRODUCTION
This lesson covers HR Policies and Ethics. Human resources managers make daily decisions, which involve employee issues, company policies, and procedures. In making these decisions, the professional and personal conduct of the HR professional is important. For example, if faced with firing an employee or some other form of progressive discipline, what do you do? Does it matter if she is a single mom with two children at home? A solution may be reached after consideration of applicable laws, organizational policies, procedures, and standards of ethical behavior. With policies, procedures, and standards of ethical behavior in place, a fair (not easy) decision can be reached without personal malice or opinion.
High Standards of Professional and Personal Conduct
Human nature tends to place more emphasis and higher expectations on some people and their position as compared to others.
We expect our political leaders to conduct themselves with high ethical standards. We expect our Pastor to be faithful to his wife, and we expect our children’s teachers to be fair to every student. Is it morally and ethically correct to expect more from some than others? We could argue that point or agree that perception is reality. This philosophy carries over to the business realm. We expect our business leaders to be held to a higher standard. Why? Because they set the example. Actions speak louder than words as the saying goes, and if business leaders conduct themselves on the moral and ethical high ground, they can expect that from the employees.
This trickles down to the HR professionals. HR professionals are often viewed as the gatekeepers to what is right and what is expected; they know all the rules and regulations, so they should follow them.
HR professionals are held to a higher standard and people are watching. Is that right or is it fair? That is not the issue; the issue is HR professionals are expected to be professional, ethical, and morally correct all the time.HR professionals must uphold all laws and regulations relating to the employer's activities.
Human resources is the "conscience" of the company. The human resources professional are responsible for knowing all of laws and regulations pertaining to the hiring, training, compensating, and disciplining of employees. HR professionals should maintain loyalty to the employer, however, the human resources professional must comply and adhere to all federally and state-mandated laws regarding the treatment of employees. At times, the human resources professional will need to take a stand with the employer to inform her of possible consequences inherent with certain acts. One way for the HR professional to stay informed and up to date is through continual training and professional development.
Continuation of Professional Growth in the Field of Human Resources
There is no question the field of human resources is continually changing. An HR professional should be committed to continuing his/her education and certifications as a pathway to continuous improvement.
The Society of Human Resource Managers (SHRM) has implemented two certifications depending on the type of degree held and years of experience in HR role: the SHRM-CP and the SHRM-SCP . The CP stands for Certified Professional and the SCP stands for Senior Certified Professional. More information can be found at SHRM .
The Human Resource Certification Institute (HRCI) has established several types of certification for human resources professionals. There is an aPHR designation, a PHR designation, an SPHR , and a GPHR . Each certification requires additional human resources courses, workshops, and seminars. More information can be found at HRCI .
Maintaining the Confidentiality of Privileged Information
Most information about employees is considered confidential. Some examples of privileged information include employee medical issues, compensation, or discipline. In some cases, this could include not releasing information in a lawsuit or medical billing issue or keeping information from an employee's manager. Situations like this call for actions and behaviors that conform to the highest moral and ethical principles. Following the letter of the law in most cases could be the best decision.
If HR policies are written to specifically address and dictate steps and procedures for certain situations, it will be much easier to follow the correct procedures; it should not be vague or unclear. Some things should not be open to interpretation. If a situation, rule or procedure calls for subjectivity or best judgment, it should be written as such.
Refraining from Using Personal Position for Inappropriate Gain
A human resources professional touches all areas of an organization and therefore can yield a lot of influence and power to get things done. Having the support and trust of senior management can place human resources professionals in a position to make autonomous decisions. Other managers should be included in the decision-making process for checks and balances. Although it may be tempting to use one's position to influence others, it should be used discreetly and only for the good of both the employee and the organization.
Favoritism can be disastrous in an organization. Human resources professionals should not show favoritism and should not allow managers to use favoritism for personal gain at the expense of lower morale and decreased employee motivation and trust. Always maintain integrity and confidentiality in everything you do.
JACK WELCH: THE ROLE OF HR
Hostile Work Environment
Up until this point in the lesson, we have discussed morals and ethics from a general standpoint and demonstrated the necessity of exemplary professional standards and conduct in organizational leaders and HR professionals. Just as we did in all of the other lessons, we will explore some specific HR issues and the importance of an HR policy to address the issues. As we explore and discuss a hostile work environment and the whistleblower protection act, you are encouraged to think about the topics not only from a legal standpoint but from a moral and ethical standpoint as well.
WHAT IS A HOSTILE WORK ENVIRONMENT?
As an HR professional and/or manager, we are responsible for the work environment of our employees. Because of that, a hostile work environment should be a concern. It is management’s responsibility to provide a work environment where employees can be productive and succeed. If employees feel threatened at work, they will not be as productive as they could be. This threat does not have to be physical; it can also be mental or verbal harassment.
A hostile work environment is not caused by a lousy boss, one who yells all the time, or is just mean and nasty to everyone. This would likely be a personality and morale issue.
If the boss behaves this way towards an employee because they are in one of the classes protected by Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA), then it could be a hostile work environment (EEOC, 2015).
If a manager is presented with a complaint or allegation of a hostile work environment, an inquiry and investigation into the matter must be conducted. The specific steps to be taken should be clearly articulated in a policy. Typically, the manager will notify the HR professional and will document the complaint along with notes indicating who, what, when, and where.
The initial inquiry is usually an administrative review of the facts and personnel surrounding the allegation. Once the inquiry is completed, the manager and/or HR professional will have to decide what to do based on the initial inquiry. The EEOC website offers additional information in this area. Further investigation may be warranted.
If there is already an HR policy in place addressing harassment in the workplace, it is probably not necessary to have another policy. If the policy is over a year old, it might be worth reviewing and re-issuing. If it is less than a year old, perhaps it is time to remind managers to reiterate the policy and hold company-wide training.
Taking Action Against Harassment
The hostile work environment cannot be tolerated. If harassment did take place, it needs to be stopped. The course of action is up to the managers as long as it is in accordance with the policy and the law. This may require disciplinary or administrative action taken against the person or persons causing the hostile work environment. The HR professional should work with the manager to determine the best course of action and ensure that the solution is legal and fair to all parties involved.
Watch the video: What Is a Hostile Work Environment.
Whistleblower Protection Act
The Whistleblowers Protection Act was originally enacted in 1989 followed by the Whistleblowers Enhancement Protection Act of 2012. The federal act in its entirety can be read here .
This act “protects federal employees who disclose evidence of waste, fraud, or abuse” (SEC, 2015). A federal agency would be in violation if they retaliate by taking or not taking personal action against an employee or applicant that reasonably believes there has been a violation of rules, regulations, or laws as well as gross mismanagement, waste of funds, abuse of authority, or poses a substantial and specific danger to the public health or safety (SEC, 2015).
Although the Whistleblowers Protection Act applies to federal employees, there are numerous other laws, state and federal, that provide additional protection to a whistleblower.
Many of the health and safety laws, anti-discrimination laws, and hour and wage laws make it illegal for an employer to discriminate against a whistleblower. There is also a litany of other laws that could be applicable but this part of the lesson is only focusing on the Whistleblowers Enhancement Protection Act.
Often, law violations and dangers to the public go unreported because people are afraid of retaliation. Even with laws in place, employees understand that they could face retaliation, even if it is subtle or underlying. If you are an HR professional or manager with the federal government and an employee brings this type of information forward, you could be considered a whistleblower for reporting it.
We have discussed whistleblowing and retaliation as one in the same, but keep in mind, whistleblowing is the act of the employee reporting a perceived or actual violation, and retaliation is the action of an employer or management retaliating against the whistleblower.
Conclusion
This lesson focused on the importance of integrity and ethics in business and the HR profession. Topics included a hostile work environment followed by whistleblowers and the laws against retaliation towards the whistleblower. Although the topics may seem to be unrelated, in fact, they are interrelated. Anytime we have to face one of the situations discussed, maintaining integrity, ethics and confidentiality is vitally important.
One of the main situations a whistleblower faces after the incident becomes known is a hostile work environment. We discussed whistleblowers and hostile work environment as two different topics, but they can be interrelated as well. Above all else, HR professionals are encouraged to always take the high road, encourage those around you to do the same and set the example for your org
