The HR Trickle Down Effect
For the past six months there's been a blinding spotlight on the economy and how it's affected businesses and workers. We listen to the radio and hear of the nation's largest companies downsizing or laying off thousands of employees. From a human resources perspective, we're geared up to handle the increase in unemployment claims. We've studied and advised clients on alternative cost cutting measures. We've beefed up our out-sourcing services and now more than ever as HR professionals, we are partnered with the decision makers to focus on the bottom line.
But unless you actively seek this information, the average person doesn't know about the increase in charges received by the Equal Employment Opportunity Commission (EEOC). In the past 6 months, we have had to respond to more charges on discrimination, harassment or retaliation then we have in the past 5 years. As fair and consistent as our business owners have been in the past, all of that is meaningless in a time of economic turmoil. Sometimes receiving unemployment benefits isn't enough. Displaced workers, either through a position elimination or a traditional discharge for performance or attendance, head straight to their local Human Relations office to file a claim against their former (or even sometimes current) employer. Why? Who knows? The alleged pot of gold at the end of the rainbow? Spite? Fear?
What I do know is that we and our clients have been very fortunate and have prevailed for many of our recent charges. But at what cost? Time spent investigating the charge, responding to the charge, waiting with baited breath for a determination and in some cases completing the whole process over again. It takes a toll on everyone involved. The client loses valuable time when they should be focusing on running the business. The employees still working know that something is amiss. And heaven forbid we have legal expenses just to prove that no discrimination or harassment took place.
I don't see it letting up anytime soon - between unemployment claims and EEOC claims. My best advice (although not legal advice, but good common sense) is don't make emotional decisions. Be consistent AND fair and make decisions that are based on business needs. Oh, and if you think something might be an issue, it probably will be, so keep your HR team in the loop from the very beginning.
And last but not least, persevere - this too shall soon pass.