The Last Acceptable Prejudice

2017 marked the 50th anniversary of the Age Discrimination in Employment Act  (ADEA) which provides protection to individuals aged 40+ from discrimination in employment.  Age discrimination occurs when an employer treats an employee or an applicant less favorably because of his / her age.  

But where are we now? 

In 2017 over 18,000 cases were filed with the EEOC alleging violation of ADEA.  Of those cases, less than 2.5% were found to have "reasonable cause."

In a June, 2017 article by the American Bar Association, "the need to ensure equal employment opportunities regardless of age continues to be an important public policy and civil rights concern. Older workers may be unfairly stereotyped as close-minded, less productive, less adaptable to new technology and ideas, slower, less physically active, and more prone to sickness."

As Baby Boomers continue to age they face discrimination in layoffs and hiring. Organizations eye senior employees as candidates for layoffs or forced retirement due to their compensation levels, perks, pensions, healthcare costs, etc.   These same factors become barriers to their hiring because potential employers can hire a less experienced candidate at a reduced compensation.

While the ADEA makes it illegal to discriminate against workers age 40 and up, the exact rules aren't always crystal clear.  Here's a few interesting facts:

1. Age discrimination is illegal at any stage of employment.  This includes hiring, promotions, raises and layoffs.
2. It is legal for employers to ask your age as well as the date you graduated from school. 
3. There is a gender difference in the perception of age discrimination.  Men are less likely to feel they are facing discrimination.

Ensure your internal processes are legal, equitable and fair!

HR, employees and managers all have a love/hate relationship with performance appraisals.  Regardless of which camp your emotions lie in, the appraisal process is intended to be an honest discussion between the manager and the employee about the employee's performance.  

To ensure managers assess employee performance over the entire appraisal period versus recent developments (Recency Bias) only, I always encourage managers to maintain a file on each employee.  The file is to contain documentation outlining the employee's highs and lows throughout the year.  S/he receives a kudo from a team member or customer, a note goes to the file.  If the employee requires assistance on a project, a note to file for potential training.  This process also has a secondary value.  It requires the manager to take time to know his/her employee.  

Communication is key.

Smarter Than Your Manager?

Have you ever had the thought that you shouldn’t be working for your manager?  That s/he should be working for you?  The belief that managers are supposed to be more qualified and better decision makers than their subordinates is not always a reality.  The manager in question may have no idea how to motivate, communicate or support the individuals that work for them.   Further, the manager may not be aware of their shortcomings or even care. I have a business acquaintance once who described the situation as “Checker players versus Chess players.”  An apt assessment of his personal situation where two individuals were working on two very different competency levels.    

If after reflecting on the situation and you conclude that you are actually smarter or more qualified than your manager, think twice before discussing your concerns with anyone.   You don't want to be seen as a negative, disgruntled employee who's rocking the boat.

So what can you do?   Look for opportunities where their areas of weakness match your strengths and take the opportunity to shine.  Hope that something changes as a result of your effort.   

Alternatively, make the decision to move on and continue your career elsewhere.

Microagression in the Workplace

Does Microagression exist in your workplace?

Merriam-Webster defines Microagression as "a comment or action that subtly and often unconsciously expresses a prejudiced attitude toward a member of a marginalized group (such as racial minority)."   “Microagressions are along a continuum  from being very deliberate and conscious to being outside one’s conscious behavior.”    Derald Wing Sue, PhD,  Professor Columbia University.

While they may not always be ill-intentioned and are oftentimes an unintended insult, it is a way an individual’s implicit biases leak out.    Microagressions prevent improvement of workforce diversity and employee productivity. 

Corporate cultures should be proactive in addressing microagression and unconscious bias.  Recognize it when it happens.  Foster communication.  Be inclusive.   Create an environment where employees are comfortable raising issues such as microagression and bias.

#MeToo Backlash

Bloomberg recently reported that Wall Street was undertaking "controversial strategies" that "risk isolating women in finance."  On December 3rd Bloomberg released an article entitled "Wall Street Rule for the #MeToo Era:  Avoid Women At All Cost."

Are men so fearful of being tainted with sexual harassment charges that they are ostracizing women in the workplace?  This is an outrageous reaction - not a solution.

Extreme tactics cited in the article include:  No more dinners with female colleagues.  Don't sit next to them on flights.  Book hotel rooms on different floors.  Avoid one-on-one meetings.   As a wealth advisor stated, just hiring a woman these days is "an unknown risk."  What if she took something he said the wrong way?

Is this the beginning of a new age of sexual discrimination?  Women may find more closed doors and exclusion from training / mentoring programs or other opportunities, thereby negatively impacting their professional growth and careers.

But there is a positive response.  New research from the Society for Human Resources Management, (a survey of 18,000 U.S. employees, at all levels across 15 industries) reflected that about one-third (32%) of executives say they've "changed their behavior"  due to greater awareness of the hazards of  sexual misconduct in the workplace.  This includes risk to employee morale (23%)  and employee engagement (23%).   21% of the respondees indicated that harassment has "never been an issue" in their organization.  Almost 40% of the executives indicated their response to the movement was to be more "careful" or "mindful" about locker-room humor and sexist jokes.   

Smart employers take the appropriate measures to address and eliminate harassment concerns in the workplace through:  (1)  Harassment Policies, (2) Supervisor and Employee Training, and (3) Investigation.

#MeToo has changed the landscape.   Let's tread carefully as we are all learning in this process.  Sexual harassment claims aren't black and white, they are multiple shades of grey.

A Conversation with Leadership

"Praise in Public, Punish in Private."

Public recognition is a huge motivating force for employees.  It has the desired effect of reinforcing positive behavior.  Employees will feel more connected to, and valued by, the organization.  It will result in measurable elevation of the employee's motivation to achieve more in the future.  It will create a culture of feedback.

How we communicate, as well as what we communicate, when reprimanding an employee is critical.  Receiving criticism is difficult and oftentimes the receiver is put on the defensive.  When an employee is reprimanded in public, it is damaging and embarrassing for everyone involved.  At the very least, the manager is exhibiting bullying behavior by publicly shaming the employee.  The goal of constructive criticism is to help the employee understand how to become a more effective employee and to motivate the employee to self-correct the behavior deficiency.   Nothing can damage trust and morale quicker than a manager criticizing an employee in a public forum.

Feedback is a powerful way to interact with employees.  Set the tone from the top.

Tips:  

Avoid over-use of positive feedback to cushion the blow before delivering criticism. It degrades the value of the praise.

In private, clearly communicate what is being done wrong and be prepared to provide ideas on how to fix it.