Can we be sued for not preventing harassment in the workplace? You betcha!

In the wake of #MeToo, many organizations have revisited (or should) long overdue policies dealing with workplace behavior.

Legal definitions of sexual harassment are being discussed in executive suites and board rooms across this country. However, there are complexities and ambiguities embedded in the various definitions. This creates a slippery slope of hope for changing behavior. For that matter, is the legal threshold really the bar we want to set as a standard within our family businesses? It hardly seems aspirational.

“Come work for us where our culture is defined in terms of legally acceptable behaviors…….”

Hardly a clarion call for a healthy workplace or a legacy worth pursuing. How would we measure the success of these policies anyway? Evaluate trends in lawsuits filed? I know this is a bit tongue-in-cheek, but these are the questions in search of answers in today’s world.

Corporate Culture and Behavior

Don Schmincke, an anthropologist and business consultant, once shared with my Vistage Group the relationship between Beliefs, Values, Behaviors and Culture.

It was his position that beliefs form the basis of what we develop as our value system. That value system might be within the context of religious beliefs, a philosophy, or even a code of conduct.

Value Statements written on the corporate walls attempts to capture what it is we believe in, inside the company. A value system may look good, but actually it isn’t very useful in driving behaviors and deliberately creating a high performing culture.

What is useful however, is defining values in terms of behaviors, verb statements that describe actions—how something like Integrity looks in action. Schmincke finished making his point by reminding us that culture is actually the aggregation of how we behave.

That simple. How we BEHAVE (action).

Define Behaviors You Want (not just beliefs and values)

If we define the behaviors that are aligned with our company’s success or conversely those likely to topple it, we can coach to those standards. In this way, we can more effectively manage the risk associated with tolerating behaviors that have the potential to ruin lives and our family businesses. Doing this intentionally positions us for creating a truly sustainable competitive advantage.

An example to illustrate. I was engaged as the COO of a company where part of my responsibilities including oversight of sales. It came to my attention that the head of sales was spending 40% of his time viewing porn on his computer. This was happening in a company where 70% of the workforce were women. I gathered the information that supported my decision to fire this person and presented my findings/recommendations to the CEO. It was clear in that moment that the corporate values which included integrity and respect were not driving behaviors that were consistent with those words. It also became more evident that words on the wall are not enough to create a strong culture. Unfortunately, this CEO was not inclined to change his ways. He rehired the offending sales person, terminated our contract and was out of business within 18 months.

Will Defining and Coaching Behaviors Protect Businesses?

Does defining our culture in terms of explicit behaviors show good faith in addressing harassment? Will this tactic not only provide defense in the case of a lawsuit but prevent it from happening in the first place?

Though one can never know for sure, if it came to it, I’d rather be standing on the deck of the latter (on prevention) than the former (on defense) where the risk of sinking would be materially greater.

Maybe it’s time to recognize how limited our corporate value statements are in guiding the behaviors that define the cultures we want in order to be successful.

If you would prefer to be more strategic and intentional in creating your company’s culture, fill out our free consultation form. The consultants of PathFinder Group have provided company culture consulting for over three decades in the greater Tampa Bay area and Florida. See if we can help you too.

Schedule a Free Consultation