Last summer when protests were happening in American cities, a portable sanitation company leader overheard a conversation outside her office window. It went something like this:
Employee: “Yeah, I know this sounds horrible but someone ought to shoot a few of ’em (protesters). That’ll clear ’em out.”
Manager: “No kidding. A little ammo therapy is what’s needed.”
At the PSAI, we often get calls from company leaders asking for guidance on how to approach a situation like this and just about any other topic that might arise while running a portable sanitation operation. Sometimes, the question turns into a roundtable discussion or a newsletter article. We take the tough questions, do the research and get back to you with information you can use. In the case of this scenario, here’s what we told the company leader who called us:
1. Don’t ignore offensive language just because no one seems to be offended. Maybe you think they were joking. Maybe nobody is bothered at all by what was said. That’s not the point when it comes to workplace requirements. What if they were just joking about a particular ethnic group or people of a certain sexual orientation? Even if you don’t employ anybody from those groups, it’s a bad idea to ignore the stories. You don’t know who is listening, or who has an LGBT relative, or who might assume tolerance of the joke means you would be biased in hiring. Would you want anyone talking this way in front of customers? It’s better to have a company code of conduct that spells out what you expect and then stick to it with everyone.
2. There’s company culture, and then there are lines that should not be crossed. Everyone is entitled to their opinions. No one is entitled to threaten to commit criminal acts or otherwise take actions that are harmful to others. These remarks should be addressed immediately, clearly prohibited and documented. In the scenario above, this is especially important since one of the people involved is a manager. It’s been a long time since anyone thought a joke about bombs on airplanes were funny. In today’s world, jokes about shooting people are similarly off limits. Period.
3. Free speech is not free at work. Inevitably, someone is likely to complain that you are infringing on his or her right to free speech. The Constitution prohibits the government from shutting down free speech, but your company is not the government. There is no right to free speech at work. Company leaders get to decide how much talk about politics, current events, and other sensitive topics to allow on company time. Here’s another consideration: do you want customers whose views may differ? If so, you may find it best to address what is acceptable in your code of conduct and make it clear the code applies both on and off the yard.
4. You have a legal responsibility to protect employees from a “hostile and offensive” work environment. Even if almost everyone at your company agrees on politics, protesters, and whether or not such-and-such is real or a hoax, there’s always the possibility someone sees it differently. As long as dissenting employees are doing their jobs as you have legally defined the duties, they are entitled to a work environment free of harassment or intimidation. Be sure you are not accepting offensive jokes, insults, name-calling, ridicule or mockery in the workplace. Allowing this sort of “humor” can backfire by costing you money dealing with U.S. Equal Employment Opportunity Commission (EEO) complaints. They can also result in bad reviews on sites like Indeed or Glassdoor that turn off potential employees.
Take action. Whether someone is threatening to shoot people, not minding if others shoot people, or just shooting off their mouth, these situations do not take care of themselves. You need to lead. In the case of illegal or threatening behavior, the action you take could save lives. In the case of inappropriate comments, stepping up and actively supervising will help create a positive culture that attracts better employees, more customers, and discourages costly complaints or lawsuits.
Often, the best defense is a good offense. Have a code of conduct, model the attitudes you want to see, talk about expectations in team meetings, and reward the best behavior. It will pay off in the end. And so will a PSAI membership.
