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Pittsburgh Area Radiology Managers Human Resources Challenges

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... Complaints 2005 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 ... – PowerPoint PPT presentation

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Title: Pittsburgh Area Radiology Managers Human Resources Challenges


1
Pittsburgh AreaRadiology ManagersHuman
Resources Challenges
  • John Lasky
  • Sr. VP of Human Resources
  • The Brooklyn Hospital Center
  • October 7, 2011

2
  • 1. Harassment

3
Lets 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)
  • Some 75 of people meet their spouses at
    work. (www.strategyworld.com, October 20, 2003)
  • So what is the appropriate conclusion?
  • Lets update

4
Lets 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 rate
  • Jennifer Baker, Forest Institute of Professional
    Psychology,
  • Springfield, MO (reported in www.businessweek.com
    (April 14, 2009)
  • So what is the appropriate conclusion?

5
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)

6
Lets Do the Math
www.eeoc.gov Complaints 2005 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
7
Harassment Prohibited Conduct
  • Any 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)

8
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.

9
Scope of Protection
  • The difference between
  • forbidden harassment
  • and other harassment . . .
  • are all complaints of
  • harassment equal?

10
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.

11
What is Forbidden Harassment?
  • 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 persons
    race, age, religion, ethnicity, disability, or
    other protected characteristics.

12
What is Forbidden Harassment?
  • Hostile Environment Harassment.ElementsConduc
    t 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.

13
  • The mistakes are all there,waiting to be made.
  •     
  • Chess master
  • Savielly Tartakower (1887-1956)

14
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?

15
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      

16
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
         

17
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      

18
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-workers lunch
    bag.
  • He ate the Doritos.
  • Wal-Mart fired him.
  • What was Wal-Marts reason?
  • He won 25,000,000 in a law suit. What was his
    argument?

19
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

20
  • There are 4 major reasons
  • (among others) why No Harassment
  • is important to you.

21
Why is No HarassmentImportant 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.

22
Why is No HarassmentImportant to You?
  • 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.

23
Why is No HarassmentImportant to You?
  • 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.

24
Why is No HarassmentImportant to You?
  • 4. Most importantly and simply stated, harassing
    conduct is wrong and unfair.

25
More Examples 1
  • The Football Coach

26
More Examples 2
  • The Office Manager
  • And
  • Five Secretaries

27
More Examples 3
  • The Decorator

28
More Examples 4
  • Cupids Targets

29
More Examples 5
  • That Creepy Guy

30
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)

31
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.

32
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.

33
  • Gee whiz, John.
  • This is impossible.Should I stay out of trouble
    by locking myself in my office?

34
The Golden Rule
  • You may not realize your conduct is unwelcome and
  • offensive. 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.

35
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 712
  • Buddhism Hurt not other in ways that you
    yourself would find hurtful. Udana-Varga 518
  • 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 neighbors gain as your own
    gain and your neighbors loss as your own loss.
  • Tai Shang Kan Ying Pien

36
The Golden Rule (Corollary)
  • Dont wrestle with a pig in a mud hole.
  • The pig likes it, and all you get is dirty.
  • Anonymous

37
The Best Prevention
  • SouthWest Airlines
  • 34 conservative years of profit.
  • Never a layoff.
  • 1 in key measurements.
  • 90 unionized.
  • Why?

38
  • What Are Your Responsibilities?

39
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

40
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.

41
And For You Managers . . .
  • Harassment oversight tends not to be a managers
    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.

42
And For You Managers . . .
  • 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
    employees 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.

43
And For You Managers . . .
  • 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.

44
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 employees personal issues with other
    employees
  • Base an employment decision on a protected
    characteristic

45
And For You Managers . . .
  • 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.

46
And For You Managers . . .
  • 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.

47
And For You Managers . . .
  • 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.

48
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.

49
  • QuestionsandDiscussion

50
  • 2. Wage and Hour

51
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

52
New York Times, August 9, 2010
  • Pay 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)

53
  • 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

54
  • 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.)

55
Big Issue Auto Deductions
  • Typically involves meal periods
  • For example
  • You work from 830 AM until 430 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?

56
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."

57
Big Issue Auto Deductions
  • Lets 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 patients 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?

58
Big Issue Auto Deductions
  • 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

59
Big Issue Auto Deductions
  • 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

60
Lets Talk About Training
  • Training
  • does not equal
  • behavior change

61
Robinsons 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?

62
  • 3. Communication
  • (from an excellent presentation
  • by the American Association
  • of Critical Care Nurses)

63
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

64
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

65
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

66
Healthy Work Environments Require
  • Skilled communication
  • True collaboration
  • Effective decision making
  • Appropriate staffing
  • Meaningful recognition
  • Authentic leadership

67
Communication Issues
are present in 65 of ALL sentinel events
reported to JCAHO
68
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

69
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
    EnvironmentA 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

70
Collaboration Issues
  • Some docs can make incorrect orders.We let it
    slide especially if it is a jerkFor 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 wasntgoing to make the child any
    sicker.
  • Quote from a pharmacist in Silence Kills -
    Seven Crucial Conversations for
    Healthcare VitalSmarts, 2005

71
What Should We Do?
  • Need a system
  • Need Executive sponsorship, not merely support
  • Need physician sponsorship
  • Must tie communication to goals

72
  • déjà vu from last year

73
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 Note where does external factors (e.g., spouse moved, school) rank as reasons employees quit? Managers 1 Employees 10 Note where does external factors (e.g., spouse moved, school) rank as reasons employees quit? Managers 1 Employees 10 Note where does external factors (e.g., spouse moved, school) rank as reasons employees quit? Managers 1 Employees 10
73
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  • Discussion
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