Gossip in the workplace

We all know that gossip in the workplace is a problem. Gossipers are obviously not spending their work time working but around the water cooler whispering. In addition, rumors regarding layoffs or a Company’s financial health can have devastating affects on employee morale and productivity. Even worse, a particularly mean spirited rumor about an individual worker could land you in court with a harassment claim.

While you can't rid the workplace of all rumors, you can work to keep harmful gossip at bay. One of the easiest and most effective things you can do is to inform all employees that negative or malicious rumors or gossip is unacceptable. Spell out exactly what is prohibited in your organization's code of conduct policy.

Sample policy statement:

Rumors

Rumors are always destructive to all concerned - they benefit no one. For information about the company or about things that you think will affect your job, ask your supervisor or the Director of Operations. Please do not depend on rumors; get the facts.

You are expected to discourage the practice of starting or spreading rumors and to refrain from being a party to such actions. People found to be in violation of this policy will be subject to Progressive Discipline.

In situations where harmful rumors are circulating around your workplace and you don't know who instigated them, address the workforce as a whole. Although there might be only a couple instigators, a gossip problem doesn't get out of hand if there aren't others helping to spread the word. Plus, the targets of the rumors need to know they have support.

State in no uncertain terms that the gossiping, backbiting, etc., must stop. You are not there to lay blame; you just want to get the message across that the behavior is inappropriate — end of story. Take the opportunity to warn them that employees who are caught continuing to gossip are subject to discipline.

Then, make sure to discipline those who don't heed your warning. Whether termination is your first line of disciplinary offense is up to you, but, in general, should depend on the maliciousness of the rumor. Remember, you don't need absolute proof of guilt (reasonable proof will do). Termination for unacceptable or unprofessional behavior, or the inability to get along with others, could be appropriate.

Another step that organizations can take towards a more harmonious workplace is training. Subjects could include Respect, Harassment, Communication, and Conflict Resolution trainings. Trainings such as these are available through many companies and are fairly inexpensive. Check out the ones offered by People Wise of Missouri at www.pwhrm.com.

Family Responsibilities Discrimination??

Yet another acronym to add to the alphabet soup of Human Resource compliance. FRD stands for Family Responsibilities Discrimination and it is a very hot topic.

"During the past decade, the courts have seen a significant increase in FRD claims, from 97 cases in 1996 to 481 in 2005, according to a University of California Hastings College of the Law study. And FRD cases -- won by plaintiffs more than 50 percent of the time, according to the study -- have yielded several multimillion-dollar verdicts and settlements."

One such verdict yielded $750,000 in damages and $10 million in punitive to be paid to a man whose termination was found in violation. In addition, his supervisors were found personally liable and ordered to pay $450,000 each.

The EEOC recently issued new guidance in the matter. Although the EEOC has not made caregivers a new protected class they do recognize them as covered under applicable laws such as Title VII, ADA, and FMLA.

One of the things that makes suits under FRD so difficult to avoid is that almost everyone has some type of family responsibilities. Whether a man or a woman, most of us are responsible for someone; an elderly parent, children, or a spouse. However, there are steps you can take to protect yourself from litigation...

--Review your policies, especially those regarding hiring and promotion.
-- Train your supervisors. We often chit-chat at work about our personal lives, be careful to NOT ask employees about care giving responsibilities or make any decisions based on employee's family responsibilities. Something as innocent as not asking a certain employee to work over-time because you know that they will need to get child care is discriminatory!
--Do Not Stereotype. Just because you feel that a mother of young children would not be interested in a position that requires 95% travel does not mean that she is not interested. Offer opportunities to everyone equally and let them decide if it is right for them.
-- Be careful with performance evaluations. Check that performance measures are not affected by care giving responsibilities.

If you have had any experience with an FRD case, or have further suggestions please post them!