1 Pittsburgh Area Radiology Managers Human Resources Challenges John Lasky Sr. VP of Human Resources...

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Pittsburgh AreaRadiology Managers

Human Resources Challenges

John LaskySr. VP of Human Resources

The Brooklyn Hospital CenterOctober 7, 2011

1. Harassment

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Let’s Do the Math

Once upon a time . . . *• “Somewhere around 50% of Americans

meet their spouses at work.” (L. Stasi and R. Rogers, Boomer Babes, 1998)

• “[S]ome 75% of people meet their spouses at work.” (www.strategyworld.com, October 20, 2003)

• So what is the appropriate conclusion?• *Let’s update

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Let’s Do the Math

• Divorce rate, United States– Ist marriages 50%– 2nd marriages 67%– 3rd marriages 74%– By the way, cities with Major League

Baseball teams have a 28% divorce rateJennifer Baker, Forest Institute of Professional Psychology,

Springfield, MO (reported in www.businessweek.com (April 14, 2009)

• So what is the appropriate conclusion?

Also . . . • The current economic climate

– Its impact on employees

• Consider– “KKK leader convicted of possessing pipe

bombs; Washington County Klan leader to be sentenced” Sept. 17 (pg.com, 5/29/04)

– “A jury convicted two Pennsylvania men Thursday of a federal hate crime in the fatal beating of an illegal Mexican immigrant, finding they attacked the man primarily out of hatred for Hispanics.” (Daily Times, 10/14/10)

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Let’s Do the Math

www.eeoc.gov:

Complaints2005 2006 2007 2008

Total 75,428

75,768 82,792 95,402

Race 26,740

27,238 30,510 33,937

Sex 23,094

23,247 24,826 28,372

Nat. Origin

8,035 8,327 9,396 10,601

Religion 2.340 2,541 2,880 3,272

http://www.eeoc.gov/

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Harassment: Prohibited ConductAny policy should be straightforward: • We will maintain a working environment

free from any form of forbidden harassment, including harassment based on:– Sex– Ethnic Background– Age– Religion– Disability– Pregnancy– Race– Color– (Sexual orientation)

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Scope of Protection This policy protects everyone . . .

Employees Applicants Patients Any visitors . . .

From any unwelcome conduct that is known (or should be known) to be offensive based on any protected characteristic.

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Scope of Protection

The difference between

“forbidden harassment”

and other harassment . . .

are all complaints of

“harassment” equal?

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What is “Forbidden” Harassment?

1st type: "Quid Pro Quo" Sexual Harassment.

Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when:

(i) submission to such conduct is a condition of employment, or

(ii) submission to or rejection of such conduct is used as the basis for employment decisions.

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2nd Type: Hostile Environment Harassment.

Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.

Also, non-sexual conduct that is unwelcome and offensive and which is directed at an individual because of his/her protected characteristic.

Conduct motivated by or relating to a person’s race, age, religion, ethnicity, disability, or other protected characteristics.

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Hostile Environment Harassment.

Elements:

Conduct is unwelcome, offensive, and sufficiently severe or pervasive and:

(i) unreasonably interferes with an individual's work performance, or (ii) creates an intimidating, hostile, or offensive work environment.

The mistakes are all there,waiting to be made.

Chess master

Savielly Tartakower (1887-1956)

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Example 1: Wal-Mart, Part A A stock clerk approaches her “front-line

manager” – her friend – and complains about “Bob,” the area manager.

The clerk claims Bob stands too close, has repeatedly asked her out, and has made comments about her body.

The clerk insists on no action and swears she will deny the conversation. She simply wanted to talk about creepy Bob.

Six months later, the clerk files a law suit. What result?

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Example 2: The Paramedic

• Paramedics and Firefighters share a station.

• The employees had a habit of watching pornographic movies on the in-station television.

• Jane watched the movies. She laughed, made raunchy comments, and cheered for more.

• Is Jane a victim of harassment?Yes No

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Example 3: The Glass Plant

• Jane is a maintenance worker. She always wears a uniform at the workplace. One day she wore a dress because she planned to attend an awards banquet after work. One of her male co-workers commented to her, "Wow, you look nice today.“

• Is Jane a victim of harassment? Yes No

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Example 4: “Stars and Bars”

• A white union worker applied a 6" x 6" confederate flag sticker to his lunch box. An African-American employee complained about the flag to his supervisor, stating that he felt the sticker was a form of racial discrimination.

• Did the white employee commit harassment? Yes No

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Example 5: Wal-Mart, Part B

• An African-American employee was hungry. He noticed a bag of Nacho Cheese flavored Doritos enticingly peeking out of his co-worker’s lunch bag.

• He ate the Doritos.

• Wal-Mart fired him.– What was Wal-Mart’s reason?– He won $25,000,000 in a law suit. What was

his argument?

Lessons

• Example 1: Wal-Mart A – Notice• Example 2: The Paramedic – Don't judge

a book by its cover• Example 3: The Glass Plant – Enter at

your own risk• Example 4: Stars and Bars – Harassment

has a chameleon-like quality• Example 5: Wal-Mart B – Consistency is

king

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There are 4 major reasons(among others) why “No Harassment”

is important to you.

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Why is “No Harassment”Important to You?

1. In Pennsylvania, a harasser may be individually liable for harassing conduct. This means:

– YOU may be sued personally if you are accused of harassment.

– YOU may face costly legal bills.– Also, depending on the facts, YOU could be

sued for assault and battery, or be prosecuted for criminal assault and battery.

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2. YOUR career could come to a screeching stop:

– Harassers face discipline up to and including discharge.

– In fact, the law requires your employer to take prompt, effective action to deal with an employee who has unlawfully harassed another.

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3. YOUR reputation could suffer, and the stigma could be long lasting:

– Harassment cases often last for years.– They often involve newspaper and television

reports, so your family, friends, and the community are aware of the allegations.

– They often require an employee to testify against a friend.

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4. Most importantly and simply stated, harassing conduct is wrong and unfair.

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More Examples: 1

The Football Coach

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More Examples: 2

The Office ManagerAnd

Five Secretaries

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More Examples: 3

The Decorator

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More Examples: 4

Cupid’s Targets

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More Examples: 5

That Creepy Guy

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Harassment Comes in Many Forms (some of them may surprise you)

• Men against women• Women against men• Members of one sex, race, religion, or ethnic

background against members of that same legally protected characteristic

• Friends against friends ‑‑ even best friends• Management employees against non-

management employees, and vice-versa• Any Forbes employee against a non-employee

(clients, consultants, patients, vendors, or applicants)

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And Never Forget:

• Forbidden harassment does not always involve an employment action, such as firing, promotion, assignment, lay-off, etc. The most common type of harassment is hostile environment, which does not involve an employment action.

• Your employer will take action even when the harassed employee does not complain or does not desire an investigation; remember: the law requires investigation of observed potential harassment, regardless of whether a complaint is filed.

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What Are My Responsibilities?• Do not engage in forbidden harassment

• Review the definitions of harassment provided above, and the examples.

• Never initiate or join in such conduct ‑‑ not even in response to a harasser's behavior.

• Reject any offer or promise of sexual or other favors made by any employee or applicant in anticipation

of or in exchange for some employment decision.

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Gee whiz, John. This is impossible.

Should I stay out of trouble by locking myself in my

office?

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The Golden Rule

You may not realize your conduct is unwelcome andoffensive. The test:

• Would I say this to my spouse, child, or parent?

• Would I want someone else to say this to my spouse, child, or parent?

• If the answer to either of these questions is "No," there is a good chance that the comment (or behavior) is forbidden harassment.

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The Golden Rule• Christianity – “So in everything, do to others what

you would have them do to you, for this sums up the Law and the Prophets.” MT 7:12

• Buddhism – “Hurt not other in ways that you yourself would find hurtful.” Udana-Varga 5:18

• Islam – “No one of you is a believer until he desires for his brother that which he desires for himself.” Sunnah

• Judaism – “What is hateful to you, do not to your fellowman. That is the entire law; the rest is commentary.” Shabbat 31a

• Taoism – “Regard your neighbor’s gain as your own gain and your neighbors loss as your own loss.” T’ai Shang Kan Ying P’ien

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The Golden Rule (Corollary)

“Don’t wrestle with a pig in a mud hole.The pig likes it, and all you get is dirty.”

Anonymous

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The Best Prevention

• SouthWest Airlines

– 34 conservative years of profit.– Never a layoff. – #1 in key measurements. – 90% + unionized.

• Why?

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What Are Your Responsibilities?

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What should I do if I am the victim of forbidden harassment?

• Directly, immediately, and specifically let the culprit know that the conduct and/or comments are unwelcome and must stop.

• Do not retaliate.

• Promptly notify the employer of the incident by contacting any of the following:– Your manager or supervisor

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What Will the Employer Do?

• Conduct a prompt, thorough investigation

• Maintain confidentiality as much as possible

• Take appropriate disciplinary or other corrective action, up to and including termination

• Ensure no retaliation against an individual who reports alleged harassment or who cooperates with an investigation of alleged harassment.

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And For You Managers . . .

• Harassment oversight tends not to be a manager’s strongest skill.

Typically, a manager is promoted through the ranks because he/she is a production expert. However, production skills do not readily apply to managing people. Savvy managers will recognize that people management skills may require extra attention, including extra effort to learn the “No Harassment” Policy and to recognize violations of the Policy.

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• It does not feel good to criticize employees.

This is especially true in cases of forbidden harassment. Production mistakes tend to be easier to address. A harassment problem is very different. Harassment tends to involve an employee’s personality or opinion on “non-production” issues (race, age, sex, disability, etc.). Managers often are at ease when they counsel production issues, and often are hesitant to get involved with personality or opinion issues.

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Lead By Example

• Employees pay attention to your conduct, your communication style, and the things you say.

• A manager must never be accused of managing by “do what I say, not as I do.”

• By setting a positive example, you effectively communicate the “No Harassment” Policy.

• Be pro-active, not re-active.

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And For You Managers . . .Also, NEVER:

• Lose your temper in front of employees or discipline in public

• Give the appearance of favoritism

• Contribute to the “rumor mill”

• Discuss an employee’s personal issues with other employees

• Base an employment decision on a protected characteristic

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Monitor the Workplace

• Pay attention to the workplace, especially for examples of graffiti, inappropriate banter and pictures, personality problems, and retaliation.

• Include harassment monitoring as an integral part of your inspection process.

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Address Any Form of Forbidden Harassment Immediately

• Always respond immediately: (1) inform employee that the conduct is inappropriate, even if no one voiced an objection; (2) stop the conduct right away; (3) determine whether further action is necessary.

• Intervene in all incidents. Even inappropriate banter between best friends must be addressed because (a) if heard, it may create a hostile environment, and (b) even best friendships do not last forever.

• Document the incident in detail – the conduct and your response.

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Address Any Form of Forbidden Harassment Immediately

• By intervening in “minor” cases of inappropriate conduct, you may avert a major case.

• Do not pass judgment until you are certain you have all facts.

• Review the “No Harassment” Policy with all involved employees.

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And For You Managers . . .Be Consistent

• For the “No Harassment” Policy to be effective, employees must realize that they are protected. They must also realize that there are clear consequences to a violation.

• If your application of the “No Harassment” Policy is uneven, employees may not always be able to distinguish appropriate conduct from forbidden harassment.

• Discipline may not stand if you had not consistently applied the “No Harassment” Policy.

• Consistency includes taking all complaints seriously.

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Questionsand

Discussion

2. Wage and Hour

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Changing Enforcement Strategies

• Budget and staff increases– OFCCP – 36% increase in staffing– DOL – 31% increase in staffing– EEOC – 224 additions to staff

• Mandate:– Aggressively focus on enforcement strategies– Eliminate back log of claims– New interpretation of old laws and regulations

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New York Times, August 9, 2010Pay Practices in Health Care Are Investigated• The Obama administration is investigating pay

practices throughout the health care industry . . . .• In St. Louis, the Labor Department has recovered

more than $1.7 million in back wages for employees of SSM Health Care.

• In Boston, the Partners HealthCare System agreed to pay 700 employees $2.7 million in overtime and back wages . . . .

• . . . Kaiser Permanente would pay $7.25 million to hundreds of registered nurse coordinators, case managers and other medical workers . . . . (overtime pay and incorrect classification)

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“There is a new Sheriff in town . . . . Make no mistake about it, the Department of

Labor is back in the enforcement business. We are serious, very serious.”

Secretary of Labor, Hilda Solis

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA

ANDREW KUZNYETSOV, et al., Plaintiffs,

v.

WEST PENN ALLEGHENY HEALTH SYSTEM, INC., et al., Defendants.

(By the way, the second “et al.” includes me.)

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Big Issue: Auto Deductions

• Typically involves meal periods• For example:

– You work from 8:30 AM until 4:30 PM. You swipe in only at the beginning and the end of the work day. The system automatically deducts the 30 minute lunch.

– If you work during lunch, YOU submit an exception form.

• What happens?

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Suffer or Permit to Work

• FLSA: "employ” includes "suffer or permit to work.”

• If an employer requires or allows employees to work, the time spent is generally hours worked.

• Thus, time spent doing work not requested by the employer, but still allowed, is generally hours worked. – Why? Because the employer knows or has reason to

believe that the employees are continuing to work and the employer is benefiting from the work. This time is commonly referred to as "working off the clock."

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• Let’s look at scenarios– At lunch in cafeteria: take a one minute call

from the office.– At lunch: doctor stops by and asks for an

update on a patient.– At lunch: patient’s family speaks with you in

line.• Should you ignore the requests?• Does it help to punch out at lunch, and then punch

in after lunch?57


• What are the solutions?• Once again, hire properly.• Once again, promote property• Train, train, re-train

– Orientation and regularly throughout employment

• Postings– Re-fresh them regularly

• Annual compliance training• Audit• Foster responsibility

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• Remember:– The onus almost always rests with the

employer– Unfair and unlawful pays practices are

inconsistent with “employer of choice” status• And real, sustainable success requires

“employer of choice” approach

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Let’s Talk About Training

Training

does not equal

behavior change

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Robinson’s Model(Thanks Berni Jordan)

Training x Environment = Behavior Change Learner Value? Competent? Confident?

Leader Role model? Coach? Reward? Correct?

Environment Task interference? Feedback? Balance of

consequences?61

3. Communication

(from an excellent presentation

by the American Association

of Critical Care Nurses)

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Assertion #1

There is a direct link between work environment and patient safety

Therefore, if we are not addressing our work environment, we are notaddressing patient safety

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Assertion #2

Healthy work environments do not just happen

Therefore, if we do not havea formal program in place addressing work environment issues, little will change

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Assertion #3

Creating healthy work environments requires changing long-standing cultures, traditions and hierarchies

Therefore, though everyone must be involved in the creation of healthy work environments, the onus is on organizational, departmental and unit leaders to ensure that it happens

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Healthy Work Environments Require:

Skilled communication

True collaboration

Effective decision making

Appropriate staffing

Meaningful recognition

Authentic leadership

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Communication Issues

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are present in 65% of ALL sentinel events reported to JCAHO

Communication Issues

Are present in more than 75% of wrong site surgeries and delays in treatment

Are present in more than 60% of medication errors and ventilator “events”

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Collaboration Issues

65% of nurses report personally experiencing verbal abuse in the last year – from other nurses, physicians, patients and patients’ family members1

52% of nurses report that abuse or disrespectful behavior is “often” or “frequently” tolerated1

77% of hospital caregivers work with colleagues who are condescending, rude or verbally abusive2

1Ulrich B, Lavandero R, Hart K, Woods D, Leggett J, Taylor D. Critical Care Nurses’ Work Environment:A Baseline Status Report. Critical Care Nurse, 2006; 26(5): 46-57

2Maxfield D, Grenny J, McMillan R, Patterson K, Switzler A. Silence Kills, Accessible at www.silencekills.com

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Collaboration Issues

• Some docs can make incorrect orders.We let it slide – especially if it is a jerk…For example, one physician prescribed adrug that you should give 3 times a day,but he said to give it twice a day. I let it go,because it was just a pain pill. It wasn’tgoing to make the child any sicker.

Quote from a pharmacist inSilence Kills - Seven CrucialConversations for Healthcare– VitalSmarts, 2005

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What Should We Do?

• Need a “system”

• Need Executive “sponsorship,” not merely support

• Need physician sponsorship

• Must tie communication to goals

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déjà vu from last year

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7373

The Workplace Disconnect Howard, Erker and Burce. Selection Forecast. DDI. 2007

Job Seeker Manager Difference

Learn & grow 1 (78%) 3 (68%) 10%

Interesting work 2 (77%) 5 (63%) 14%

Good boss 3 (75%) 1 (69%) 6%

Organization to be proud of 4 (74%) 7 (58%) 16%

Opportunity to advance 5 (73%) 1 (69%) 4%

Stability/security 6 (70%) 6 (62%) 8%

Creative/fun culture 7 (67%) 9 (50%) 17%

Compatible work group 8 (67%) 9 (50%) 17%

Work-life balance 9 (65%) 4 (65%) 0%

Opp. for accomplishment 10 (64%) 8 (53%) 11%

Note: where does “external factors” (e.g., spouse moved, school) rank as reasons employees quit? Managers: #1; Employees: #10

Discussion

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