Page 69 - An Indispensible Resource for Being a Credible Activist

in front of the storm troopers and says, “These aren’t the droids you’re looking for.” The
storm troopers agree, reinforcing the lie in their own words by responding that “these aren’t
the droids we’re looking for”—even though they are. And it works.
Jedi Mind Tricks don’t have actual power in real life. Lying is usually eventually seen
through, as we have observed in the media with the exposure of Ponzi schemes and the dis-
integration of poorly governed companies. We regularly read about huge judgments and
penalties in cases involving unsafe work conditions, harassment and discrimination, vari-
ous forms of fraud, and retaliation. Eventually, it comes out. HR professionals need to ask
themselves which role they are going to play in the story of what happened once everything
settles. Will they be the person who courageously wrote a memo both protecting him- or
herself from personal liability and nobly warning the company of its risky and unlawful
practices, or will he or she silently cooperate and enable unlawful practices for whatever
reason while doing grave harm to the entire company?
When EEO and other employment laws are not complied with or taken seriously, every-
one suffers. Employees who experience unlawful harassment and discrimination obviously
suffer, but so do employees who merely observe this and feel powerless and/or afraid to
address these issues. Even employees who engage in unlawful harassment and discrimina-
tion suffer, as they work in an environment that allows them to behave in reprehensible
ways, which diminishes them personally and professionally as well as takes time away from
important work that could be being done instead.

❱❱ DOCUMENTATION

By addressing your concerns in a memo, the leadership to whom this memo will be addressed
will also be aware that the HR person is intentionally documenting this concern and is prob-
ably aware of instances, which have not been properly handled. These two things alone may
be enough to compel an organization to begin to handle EEO and other employment laws
with the seriousness and procedural propriety that is necessary. A simple formula to follow
when considering the correct course of action in responding to questionable situations is
shown in the HR Tool entitled “PACE Memo-Writing Formula,” on page 60.
After adding credible research, this approach will guide the HR professional credible
activist in every situation and in each memo. Why memos? Why put yourself on the line like
that? There are several reasons. You must protect yourself. HR professionals can have expo-
sure to personal liability, and you want to have it on record that you did the necessary research
and that you made recommendations based on that research. You will not always have con-
trol over important decisions, and this can be frustrating. You must keep a record of your rec-
ommendations in case there are consequences for the company when your recommendations
are or are not followed. You will want to keep citations for the research you did to back up
your recommendations as well. SHRM (Society for HR Management) is an excellent source of
current, credible information. Membership in SHRM is crucial for any HR professional.
You want to have a record of your initiative and contributions to the company. Having
a file of these memos as well as the citations for your research will provide this. Whether
you need to use these in a self-evaluation to showcase the valuable work you’ve done or
whether you need to remind someone of a recommendation you made that was not taken

52 The H R Toolkit