Breaking the cycle of institutional complacency
Human resources plays a huge role in the workplace experience, but according to a Betterworks report in 2023, only 26% of employees trust in HR and only 32% trust in their organization's leaders, who are responsible for implementation, reporting, and enforcement of HR policies. This is a critical gap because HR shapes your entire workplace experience, from personnel actions like hiring and firing, to investigations into complaints, to providing supports for employees like Employee Assistance Programs. They often do this work in the shadows - if you don't have a reason to engage with HR, you might never have any meaningful interaction with them.
In a previous edition of this newsletter (In search of psychological safety, or when leadership green flags aren't enough), I shared data from MIT Sloan Management Review showing that employees who trust their organization are more motivated to work, have lower rates of absenteeism, and are less likely to look for another job. Significantly, that report showed a similar finding to the Betterworks report - only 1 in 4 employees trust their employer.
I don't know about you, but to me, these numbers are no surprise. Misbehavior at all levels often goes unaddressed or is inadequately addressed, from an employee eating someone else's lunch to a manager inappropriately stripping an employee of work duties. I worked for a leader once who highly touted working at the speed of trust, based on the book by Stephen R. Covey. It took me a long time to really grasp what that meant, but it's this: a lack of trust undermines relationships, creates conflict and uncertainty, and slows down the work.
“Low trust causes friction, whether it is caused by unethical behavior or by ethical but incompetent behavior (because even good intentions can never take the place of bad judgment). Low trust is the greatest cost in life and in organizations, including families. Low trust creates hidden agendas, politics, interpersonal conflict, interdepartmental rivalries, win-lose thinking, defensive and protective communication—all of which reduce the speed of trust. Low trust slows everything—every decision, every communication, and every relationship.”
― Stephen R. Covey, The Speed of Trust: The One Thing That Changes Everything
The bottom line is that we, as employees, must have a pathway to report concerns to HR or management and to TRUST that they will take action that makes us feel heard, included, and safe. That's unfortunately not often the case. Consider these real-world examples, based on my own experience and that of friends:
➡ A Black woman in a non-profit setting has reported discrimination by her boss, the organization's executive director (ED), for months, with no resolution. The employee is concerned that the behavior is racially motivated, which is confirmed when she learns that her boss made racist comments about her to another employee. HR's response was the at the ED was disciplined, but they don't share what the discipline involved and the ED's behavior didn't change. The employee ultimately leaves the organization.
➡ A Black woman in a corporate setting attends a work function that is a mixer with clients, most of whom are White and male. A group of these clients can be overheard making sexist and racist remarks. The employee reports her concerns to her manager, who says that they don't condone that behavior, but their hands are tied because it's the client. Incidents like this continue to happen. The employee stays, but doesn't feel safe or welcome.
➡ A Latina employee has gone on a few dates with a male coworker from another department. She decides that the relationship isn't going anywhere, and breaks it off. He doesn't handle the rejection well, and confronts her at work, cornering her in an office and threatening her, until another coworker walks by and intervenes. She doesn't report what happened. Months later, she is contacted by HR because another woman reported harassment by the same male employee and thought she might have been harassed, too. She decides to share her story with HR.
Stories like these illustrate the challenges of reporting and reasons why there is a lack of trust. For employees, failing to report incidents like these allows the behavior to continue. An organization can't correct behavior it doesn't know about. At the same time, the organization has a responsibility to create a culture that supports employee safety and well-being and a pathway to report concerns. However, organizations (and their leaders) think they are doing a much better job of this than they may actually be doing.
For example, according to the PwC 2024 Trust Survey, business executives continue to overestimate how much they are trusted by both customers and employees. This is problematic because if you think you are doing a good job, how likely are you to interrogate your own behavior and ways that you can improve?
PwC 2024 Trust Survey - The Trust Gap
Failing to interrogate your own behavior or that of your organization is what leads to complacency and inaction. When you become complacent, you are also complicit in perpetuating a culture that undermines inclusion and belonging and erodes trust. One of the first steps on the path to equity is to conduct an organizational self-assessment. This can lay the groundwork for buy-in at all levels, identify barriers and potential solutions, and give organizations the space to acknowledge the ways in which they perpetuate inequity and cause employees harm.
What boundaries are at play?
Reporting discrimination and harassment is telling your employer that your boundaries are being violated. This is often the boundary of identity when we are talking about race-, ability-, and sex-based discrimination. However, these are other ways your boundaries might be violated by institutional complacency:
Conversational. You are subject to conversations and language that is inappropriate (as in one of the scenarios today) or your contributions are dismissed or interrupted in meetings.
Professional. You are asked to work outside of work hours or outside your scope without compensation or recognition.
Emotional. Your employer fails to acknowledge or dismisses your emotional response to an issue reported to them, invalidating your experience.
Physical. Your employer ignores complaints about unsafe or uncomfortable working conditions, like lack of air conditioning or non-ergonomic equipment.
Institutional complacency can lead to the violation of various boundaries, affecting employee trust, safety, and well-being. Recognizing and addressing these issues is crucial for fostering a healthy, inclusive workplace.
Pew Research Center, Views of DEI in the Workplace, 2023
What policies are at play?
In previous editions of this newsletter, I've highlighted a number of anti-discrimination laws that are relevant here, including the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act, among others. Those all apply here. One important one I will add is whistleblower protection.
Whistleblower protection laws prohibit employers from retaliating against an employee for filing a complaint or for reporting issues related to your work. There are a number of federal statutes that contain anti-retaliation provisions, and most states also have whistleblower protection programs, but these vary widely. It's important that you know specific protections available in your state. These protections are an important way to make it easier for employees to report bad behavior.
DEI or Diversity, Equity, and Inclusion policies are also critical here, and I'm talking about the spectrum of policy from making a commitment to DEI in the workplace, to establishing written policies, training employees on them, enforcing them, and monitoring their impact. Is there a backlash against DEI amongst policymakers and in the public narrative? Yes. But there is also a disconnect with people's actually experience of the workplace. For example, a Pew Research Center study found that a majority of U.S. workers say focusing on DEI at work is a good thing. This same study found that Black workers (both men and women) and women overall were more likely to report experiences of discrimination in hiring, pay, or promotions. Bottom line? The data and the stories behind the data tell us that DEI is both valued and necessary.
Finally, you may want to familiarize yourself with your workplace's policies around conflict resolution, training and development, mental health support, and anonymous reporting.
Who is most impacted?
In the three scenarios described above, I hope that you noticed that they all involve women of color. In addition to being based on real examples, they also illustrate a trend. According to an Equal Employment Opportunity Commission (EEOC) analysis of charge data from 2018 to 2021, women filed 78.2% of sexual harassment charges and 62.2% of all harassment charges. And catch this eye-popping statistic: among charges of sexual harassment filed concurrently with race charges, 71.2% identified Black or African American as the race.
EEOC, Percent of sexual harassment charges concurrently filed with race charges, FY18-FY21.
Image Credit: EEOC, Sexual Harassment in our Nation's Workplaces
However, among all charges received by the EEOC, disability discrimination is the largest share, at 36% in 2023. You can learn more about what disability discrimination looks like in the workplace, your rights, and what you can do if you need an accommodation in this short resource from the ACLU's Know Your Rights series: Disability Rights.
➡ Explore EEOC enforcement and litigation statistics using the EEOC Explore data visualization tool.
What can you do with this information?
Employees:
I included a link to the ACLU's Know Your Rights series for a reason. At the top of this list is educating yourself on company policies and knowing your rights.
Document incidents meticulously. This includes keeping records of how your experiences impact your physical and mental health and saving physical evidence like work-related documents, pictures, notes, and emails.
Seek support from trusted colleagues or external resources. Know that you are not alone! Talking through an issue can help you identify the path you want to follow.
Organizations:
Live your values. If you say you value diversity, equity, inclusion, and belonging, back it up with action. Take your employees' complaints seriously and proactively interrogate your organization's behavior and culture.
Foster an inclusive culture where employees feel safe to report issues (see my previous article on psychological safety, linked above).
Provide regular training and workforce development on DEI, non-discrimination, and other policies.
Conduct anonymous surveys to gauge the workplace climate.
I was inspired to write this post by my own experience, and by the experiences of so many friends, all of them women, who have struggled with how and when to report experiences of discrimination and harassment in the workplace. I hope that what you take away is recognition of your own power to create healthy and inclusive workplaces by reporting issues, supporting colleagues, or advocating for better policies. And if you are a leader in an organization, I hope that you ask what productive self-reflection looks like and are willing to respond to what you find.