WEBVTT 00:01:03.578 --> 00:01:04.446 What's "this?" 00:01:04.459 --> 00:01:07.363 HR sent it up. They want some information on Marco. 00:01:07.425 --> 00:01:10.840 Marco? You mean that black kid from the mail room? 00:01:12.861 --> 00:01:15.772 I'm her witness. Tina's right. Rose. 00:01:15.809 --> 00:01:20.162 That's a good name for her. The color matches her neck! 00:01:30.676 --> 00:01:34.846 You know, most organizations have zero tolerance policies these days. 00:01:34.871 --> 00:01:38.134 Whether it's drugs, workplace violence, or harassment, 00:01:38.159 --> 00:01:43.024 organizations are making a clear statement about what is acceptable behavior at work. 00:01:43.049 --> 00:01:47.750 But - even though the zero tolerance policy may be clear - as managers, 00:01:47.775 --> 00:01:51.538 we have to know how to enforce it. And that means we have to know 00:01:51.563 --> 00:01:56.558 how to recognize and correct situations that cross the line. In other words, 00:01:56.559 --> 00:02:00.674 we have to make sure the unacceptable behavior stops, or is prevented, 00:02:00.699 --> 00:02:02.531 and that it doesn't happen again. 00:02:02.739 --> 00:02:05.348 And we have to do it in a way that's in line 00:02:05.348 --> 00:02:08.432 with the organization's policies and procedures. 00:02:08.630 --> 00:02:12.798 Zero tolerance tells us when certain situations require immediate action. 00:02:13.044 --> 00:02:17.138 But you still have to use good judgment. In other words, zero tolerance 00:02:17.139 --> 00:02:20.729 does not mean the maximum penalties be imposed automatically. 00:02:20.909 --> 00:02:22.968 You have to think your way through it to make sure that 00:02:22.993 --> 00:02:26.329 you take the most appropriate action, under the circumstances. 00:02:26.354 --> 00:02:29.965 And, that means keeping in mind requirements for fairness and equity. 00:02:30.029 --> 00:02:34.143 And other things you have to take into consideration, like due process, 00:02:34.230 --> 00:02:38.304 giving the person a chance to be heard, your progressive discipline program, 00:02:38.329 --> 00:02:41.204 or union contracts requirements. 00:02:41.469 --> 00:02:43.294 In fact, there have been several cases 00:02:43.319 --> 00:02:47.441 where actions taken under zero tolerance policies were overturned in court 00:02:47.531 --> 00:02:50.664 because the organization failed to get all the facts, or 00:02:50.689 --> 00:02:55.441 because the actions taken were in conflict with their own policies and requirements. 00:02:55.639 --> 00:02:59.014 Of course, the challenge is to remember to do all that; 00:02:59.039 --> 00:03:01.648 especially when you run up against a situation that 00:03:01.673 --> 00:03:04.639 seems like it's pretty clear cut on the surface. 00:03:04.664 --> 00:03:08.191 That's why it's so important to make sure you have all the facts 00:03:08.216 --> 00:03:13.248 before you determine the most appropriate action in any given situation. 00:03:25.513 --> 00:03:29.685 I can't work with someone like that. Hey, slow down. What are you talking about? 00:03:29.710 --> 00:03:31.674 I'm her witness. Tina's right. 00:03:31.699 --> 00:03:35.545 Rose, that's a good name for her. The color matches her neck! 00:03:35.570 --> 00:03:37.814 I still don't know what you're talking about. 00:03:37.839 --> 00:03:40.590 We're talking about this morning. We were having a caseload meeting. 00:03:40.615 --> 00:03:43.310 OK, is that it? This. 00:03:43.335 --> 00:03:44.078 What's "this?" 00:03:44.079 --> 00:03:47.070 HR sent it up. They want some information on Marco. 00:03:47.124 --> 00:03:49.978 Marco? You mean the black kid from the mail room? 00:03:50.748 --> 00:03:54.529 Marco had filed a Workers Comp claim. HR was asking for documentation 00:03:54.554 --> 00:03:57.195 on any interaction our department had had with him. 00:03:57.220 --> 00:04:01.489 You know, to cover all the bases — just looking for placement, I guess. 00:04:02.009 --> 00:04:03.048 That's when she said it. 00:04:03.073 --> 00:04:06.861 Look, just tell them he, ah, delivered the mail here once a day. 00:04:06.886 --> 00:04:10.276 The last thing we want to do is get stuck with that tar baby. 00:04:14.263 --> 00:04:15.244 Tar baby? 00:04:15.269 --> 00:04:19.275 If that's not a walking zero tolerance policy violation, I don't know what is. 00:04:19.300 --> 00:04:23.003 Yeah. Finally, she showed her true colors. 00:04:33.279 --> 00:04:38.636 Zero-tolerance means when we run into words, phrases or behaviors that cross the line, 00:04:38.661 --> 00:04:42.516 we need to take immediate action to eliminate them or correct them - 00:04:42.595 --> 00:04:46.230 and make sure they don't happen again. They can be spoken comments, 00:04:46.255 --> 00:04:49.230 written in an e-mail, or even worn on a tee shirt. 00:04:49.476 --> 00:04:53.625 At the same time, zero tolerance involves more than a knee- jerk reaction 00:04:53.650 --> 00:04:56.168 or a one-size-fits all response. 00:04:56.320 --> 00:04:59.994 We need to take the time to make sure we have the whole story. 00:05:01.082 --> 00:05:05.127 Hey, thanks for taking time out of your schedule to see me. I know you're super busy. 00:05:05.358 --> 00:05:08.404 Glad to do it. Got your message that we needed to meet. 00:05:08.698 --> 00:05:11.902 We've got a little bit of a problem. And I need your help on this. 00:05:11.927 --> 00:05:15.206 I need to talk to you about a complaint I received this morning. 00:05:15.231 --> 00:05:16.304 Oh? 00:05:16.329 --> 00:05:19.185 A couple of your employees are upset because they believe 00:05:19.210 --> 00:05:22.471 that they heard you call another employee a "tar baby." 00:05:22.910 --> 00:05:25.989 I've have to admit, at first I was pretty angry... 00:05:26.181 --> 00:05:29.488 If somebody had a problem, they needed to talk to me about it first 00:05:29.513 --> 00:05:35.454 before going upstairs. Especially, when, as far as I was concerned, this was a non-issue. 00:05:35.479 --> 00:05:40.981 Yeah, I think I used the term tar baby, but I didn't call anyone a tar baby. 00:05:41.050 --> 00:05:44.899 I was referring to the sticky situation, you know, not the person. 00:05:45.072 --> 00:05:48.094 You know, to "get stuck with that tar baby." It's a figure of speech. 00:05:48.119 --> 00:05:50.562 David and Tina were pretty upset. 00:05:52.895 --> 00:05:55.407 You don't think they should be. No. 00:05:55.634 --> 00:05:58.766 I mean, one, it has nothing to do with them. 00:05:58.791 --> 00:06:04.686 Two, as I said, it, it's a figure of speech. I mean, do you think it's offensive? 00:06:05.230 --> 00:06:08.669 It's didn't offend me, personally. But that wasn't the issue. 00:06:08.819 --> 00:06:12.691 There are words and phrases that seem okay to some people and not to others. 00:06:12.716 --> 00:06:17.774 And the fact that the term "tar baby" can be seen as offensive across racial lines... 00:06:17.799 --> 00:06:18.987 That was the issue. 00:06:19.012 --> 00:06:23.675 OK, let me make sure I understand this. You were not trying to offend anyone, right? 00:06:23.700 --> 00:06:25.820 And you weren't talking about Marco. 00:06:25.845 --> 00:06:30.248 You were talking about how to avoid a potential sticky Workers Comp situation. 00:06:30.249 --> 00:06:31.975 Am I right? Exactly. 00:06:32.536 --> 00:06:34.990 I mean, I can't believe that they went over my head. 00:06:35.015 --> 00:06:36.121 I mean, why did they come to you? 00:06:36.146 --> 00:06:38.883 Why didn't they just say something to me about it? 00:06:38.908 --> 00:06:42.098 I'm not sure. But I'm glad they brought it to me so that we can address it, 00:06:42.123 --> 00:06:46.100 because it's a serious situation. Maybe you're not aware of this... 00:06:46.125 --> 00:06:49.188 but tar baby is one of those language land mines that 00:06:49.213 --> 00:06:51.404 creates confusion and misunderstandings. 00:06:51.429 --> 00:06:53.390 It's an old expression. 00:06:53.469 --> 00:06:57.030 Most things like that are. But, it's more than just a figure of speech. 00:06:57.055 --> 00:06:58.756 It carries a lot of baggage. 00:06:58.781 --> 00:07:02.147 It has a history of being used in racist expressions towards black people. 00:07:02.179 --> 00:07:04.366 Alright. Alright. Fine. 00:07:04.839 --> 00:07:08.650 I suppose I need to apologize or something before this goes any further. 00:07:08.861 --> 00:07:14.178 That would be a good. But, how can we show them this was just a misunderstanding? 00:07:15.003 --> 00:07:18.648 I don't know. Good question. Let me think about it. 00:07:19.689 --> 00:07:24.061 Do you know that we have a responsibility to be role models for our employees? 00:07:24.086 --> 00:07:25.694 I mean, we need to show our 00:07:25.719 --> 00:07:29.189 employees how to handle these things in a respectful manner, right? 00:07:29.708 --> 00:07:31.069 Agreed. 00:07:31.107 --> 00:07:34.314 So, what do you think we should do about this? 00:07:34.575 --> 00:07:39.332 First, I want you to know that I didn't mean to offend anyone. 00:07:40.319 --> 00:07:44.199 And I'm very sorry that this had to happen this way and I want to see 00:07:44.224 --> 00:07:46.592 how we can get this resolved. 00:07:47.130 --> 00:07:48.198 Okay. 00:07:48.703 --> 00:07:53.975 I think what we need to do at this point, is get the four of us together 00:07:54.000 --> 00:07:59.602 so we can clear up the misunderstanding and start to rebuild some trust. 00:07:59.862 --> 00:08:03.593 I agree. Let's talk about the best way to do just that. 00:08:04.130 --> 00:08:10.379 Did I handle it right? I think so. I took the time to get the whole story, 00:08:10.561 --> 00:08:14.949 did a little coaching with Rose... And sat down and talked with the four of us. 00:08:15.163 --> 00:08:17.762 Rose explained that, though, it wasn't her intention, 00:08:17.787 --> 00:08:23.944 she used a poor choice of words. And Tina and David accepted that explanation. 00:08:24.136 --> 00:08:27.671 We all agreed that we learned a lot about different words 00:08:27.696 --> 00:08:30.306 and expressions and how they can differ in meaning; 00:08:30.331 --> 00:08:35.037 and we also talked about how to deal with those kinds of misunderstandings for the future. 00:08:35.314 --> 00:08:39.553 Did it heal the wound? Not entirely. That'll take time. 00:08:39.855 --> 00:08:44.360 But, I'll tell you what. I've got a better manager, and I kept two good employees. 00:08:44.408 --> 00:08:48.167 And with what could have happened here, that's a win in my book. 00:08:52.950 --> 00:08:57.316 That's a good example of how to handle a potential zero tolerance situation. 00:08:57.341 --> 00:09:02.240 Like I said before, as managers, we have to know how to recognize and correct 00:09:02.250 --> 00:09:06.414 situations that cross the line. There are some key things that have to happen 00:09:06.439 --> 00:09:09.704 if we're going to enforce a zero tolerance policy 00:09:09.729 --> 00:09:14.199 and maintain a respectful, productive workplace at the same time. 00:09:15.087 --> 00:09:18.159 To deal with zero tolerance situations correctly, 00:09:18.199 --> 00:09:23.605 the organizational experts from HR or Legal have to be involved from day one. 00:09:23.780 --> 00:09:27.408 All the facts have to be gathered. There has to be thorough documentation. 00:09:27.433 --> 00:09:29.908 And confidentially has to be maintained 00:09:29.933 --> 00:09:33.445 to the greatest extent possible throughout the entire process. 00:09:33.652 --> 00:09:38.505 And the final action taken has to be the one best able to correct the problem, 00:09:38.530 --> 00:09:41.697 prevent recurrence and it must be in line 00:09:41.722 --> 00:09:44.775 with organizational policies and requirements. 00:09:45.016 --> 00:09:50.279 Managers also have the responsibility to maintain working relationships and respect. 00:09:50.826 --> 00:09:52.786 MEET is a great tool for that. 00:09:52.913 --> 00:09:55.464 Tf it's really a case of misunderstanding, 00:09:55.489 --> 00:09:58.906 MEET helps you reach understanding and agreement. 00:09:59.080 --> 00:10:02.635 When disciplinary action is necessary, using MEET will help make sure 00:10:02.660 --> 00:10:06.150 the process is conducted with respect for everyone involved. 00:10:06.779 --> 00:10:09.388 That helps to insure that the solutions reached 00:10:09.413 --> 00:10:12.728 are consistent with organizational policies and requirements for fairness 00:10:12.729 --> 00:10:18.479 and inclusion and believe me, that helps minimize complications down the road. 00:10:18.760 --> 00:10:23.254 See, we have to remember that everything has a context. And in reality, 00:10:23.279 --> 00:10:27.845 there are few situations where immediate termination would be the first response. 00:10:28.145 --> 00:10:31.518 Obviously, if it truly is a zero tolerance situation - 00:10:31.519 --> 00:10:35.384 we've got to enforce the policy equally, no matter who violated it. 00:10:35.844 --> 00:10:39.825 But if it's more a matter of, "you know, this could become a zero tolerance issue 00:10:39.850 --> 00:10:43.274 if I don't step in here..." we've got to take appropriate action 00:10:43.299 --> 00:10:46.987 to make sure the behavior stops and that it isn't repeated. 00:10:47.150 --> 00:10:50.305 I guess what I'm saying is, zero tolerance is another area 00:10:50.330 --> 00:10:53.943 where one of the best actions you can take is to let people know - 00:10:54.043 --> 00:10:56.859 "Hey, I think we need to meet."