1. Strategies for Fostering Welcoming, Inclusive and Civil Work Environments Diversity Roundtable of Central Indiana Daniel B. Griffith, J.D. SPHR (317) 274-5467 dgriffit@iupui.edu

2. (c) 2010 Daniel B. Griffith2 “Make Yourself at Home” ► “Our duty to be civil toward others does not depend on whether we like them or not” (Carter, 1 st duty of civility, p. 35) ► Two stories ► Group reflection

3. (c) 2010 Daniel B. Griffith3 Civility – Broadly Defined 1) connected with citizenship, a community of citizens collectively; 2) behavior proper to the intercourse of civilized people; 3) ordinary courtesy or politeness, as opposed to rudeness of behavior; 4) decent respect, consideration; 5) an act or expression of politeness; 6) decency, seemliness Oxford English Dictionary (2 nd. ed.)‏

4. (c) 2010 Daniel B. Griffith4 More than Manners ► Common definition denotes courtesy, politeness, respect, consideration, decency, etc. (i.e., relating to etiquette and manners)‏ ► But primary meanings relate to citizenship and civil discourse

5. (c) 2010 Daniel B. Griffith5 Civility involves: ► Mutuality: “By treating you the best way I know how, I appeal to the best in you, urging you to do the same. The practice of civility is the applying of a gentle force with the goal that everybody be a winner in the delicate game of the social exchange.” (Forni, 2002, 27)‏ ► Moral choices: “Civility... is the sum of the many sacrifices we are called to make for the sake of living together. We should make sacrifices for others not simply because doing so makes social life easier (although it does), but a s signal of respect for our fellow citizens, marking them as full equals, both before the law and before God. Rules of civility are thus rules of morality.” (Carter, 1998, 11)‏ ► Skills and practice: “[Civility is] the set of verbal and non-verbal behaviors reflecting fundamental respect for others and generating harmonious and productive relationships.... [C]ivility is observable, practical, diverse, and virtually a necessity in today’s business world.” (Troester & Sargent Mester, 2007, 10).

6. (c) 2010 Daniel B. Griffith6 Is Civility “enforceable”? ► “Obedience to the unenforceable”  Term used by Lord John Fletcher Moulton, British Judge, to refer to the “Domain of Manners” (1924)‏ ► Domain of Positive Law: “...[O]ur actions are prescribed by laws binding upon us which must be obeyed.” ► Domain of Free Choice: “... [T]hose actions as to which we claim and enjoy complete freedom.” ► Between these domains is the Domain of Manners: “I prefer to look at it as all one domain of obedience to the unenforceable. The obedience is the obedience of a man to that which he cannot be forced to obey. He is the enforcer of the law upon himself.”

7. (c) 2010 Daniel B. Griffith7 How “Great” Is Your Organization? “Mere obedience to law does not measure the greatness of a nation. It can easily be obtained by a strong executive, and most easily of all from a timorous people. Nor is the license of behavior which so often accompanies the absence of law, and which is miscalled liberty, a proof of greatness. The true test is the extent to which the individuals composing the nation can be trusted to obey self-imposed law.” (Lord Moulton)‏ ► Exercise: Read again, interchanging the following words:  “nation” = “organization” or “employer”  “individuals” and “people” = “employees” or “workforce”

8. (c) 2010 Daniel B. Griffith8 Civility and the “Unenforceable” “When we obey the Unenforceable and clean up after ourselves in an airplane restroom, in addition to being courteous to the next passenger, we keep alive an unwritten pact that benefits us as well. It is a pact with no one in particular and with persons of civil disposition in general, based on the principle of reciprocal altruism.......The rude disregard the Unenforceable. They enjoy the clean basin but neglect to clean it in turn. They flout the rules of civility while counting on others to follow them.” (Forni, 2008, 6)‏

9. (c) 2010 Daniel B. Griffith9 What is the “Domain” of Workplace Civility? Uncivil workplace behaviors are: ► Low-intensity ► Deviant behaviors ► With ambiguous intent to harm the target ► In violation of workplace norms for mutual respect (Anderson, Pearson, 1999)‏ ► Examples: uncivil workplace behaviors that are rude, discourteous and display a lack of regard for others

10. (c) 2010 Daniel B. Griffith10 Uncivil Workplace Behaviors ► Passive Incivilities (what we don’t do, e.g., don’t say “Good Morning,” “Please,” etc.)‏ ► Subtle disrespect (negative non-verbal and para-verbal messages) ► Breaches of etiquette, common courtesy ► Pet peeves (e.g., microwave and copy machine issues)‏

11. (c) 2010 Daniel B. Griffith11 Uncivil Workplace Behaviors ► Gossip (e.g., harmful water-cooler talk about absent third-parties, etc.)‏ ► General rudeness (noisiness, disruption, disrespect, condescension, arguing, etc.)‏ ► Inappropriate electronic communication (email, texting, twitter, etc.)‏ ► Verbally abusive behaviors (foul language, defamatory and accusatory remarks, etc.)‏

12. (c) 2010 Daniel B. Griffith12 Uncivil Workplace Behaviors ► Certain actions not otherwise proscribed by law or policy:  Privacy violations  Culturally insensitive remarks and behaviors  Ethical breaches ► Lower intensity forms of harassment and bullying  First-time incidents before a pattern emerges  Actions where intent is unclear  Situations more amenable to quick correction, restoration and healing

13. (c) 2010 Daniel B. Griffith13 Uncivil Workplace Behaviors ► General Theme:  These are actions and behaviors for which law and policy do not readily provide remedies  Better, more efficient remedies call for “obedience to self-imposed law”

14. (c) 2010 Daniel B. Griffith14 Uncivil behaviors Low intensity forms of harassment, bullying, discriminatory conduct; some privacy violations, defamatory behaviors, and ethical breaches Workplace violence, harassment and discrimination, privacy violations, ethical breaches, criminal acts Civility and MannersLaw and Policy

15. (c) 2010 Daniel B. Griffith15 Why Focus on Workplace Civility? Impact on Women and Minorities ► “’[G]enerally’ uncivil behaviors have no overt reference to gender, race, or other social category. This nevertheless does not rule out the possibility that incivility sometimes represents covert manifestations of gender and racial bias in the workplace.... Such selective incivility could be one mechanism by which gender and racial disparities persist in organizations, despite concerted legislative, judicial, and organizational efforts to eradicate bias.” (Cortina, 2008)‏

16. (c) 2010 Daniel B. Griffith16 Why Focus on Workplace Civility? Basic Management Theory/Practice Though workplace treatment issues have always mattered, they warrant even great attention today. For example: ► Employees in the Knowledge Worker Age seek to be treated as co-equal partners with employers, not “subordinates.” (Drucker, 2002). Partnership implies mutual respect. ► It is no longer acceptable to manage people as “things” but as “whole persons” in “whole jobs.” This includes work that appeals to the “heart” and desire to be treated “kindly.” (Covey, 2004). ► Working in a civil, respectful work environment is a greater expectation of the youngest generation (Millennials) than previous generations (Traditionalists, Boomers)

17. (c) 2010 Daniel B. Griffith17 Why Focus on Workplace Civility? Impact on Performance Of respondents in a recent survey who reported experiencing rudeness at work: ► 48% decreased work effort ► 47% decreased time at work ► 38% decreased work quality ► 66% said their performance declined ► 80% lost work time worrying about the incident ► 63% lost time avoiding the offender (Porath, Pearson, 2009)‏

18. (c) 2010 Daniel B. Griffith18 Why Focus on Workplace Civility? Spiral Effect of Unattended Uncivil Behavior ► Studies suggest that uncivil behavior left unattended can have a spiral effect, leading to greater harm:  Party A engages in uncivil act (with ambiguous intent) which Party B perceives as uncivil  Party B responds, and spiral begins  A tipping point is reached when a party feels threatened and engages in conduct that moves from uncivil behavior (where intent is ambiguous) to coercive action (where intent to harm is more clear)‏ (Anderson, Pearson, 1999)‏

19. (c) 2010 Daniel B. Griffith19 Why Focus on Workplace Civility? Broken Windows Theory ► A single unattended broken window can signal to criminals that causing greater damage (i.e., more heinous crimes) will go unpunished ► New York Mayor Rudy Giuliani applied this theory to reduce crime by going after lesser offenses like graffiti, squeegee men, and turnstile jumpers (Giuliani, 2002)‏ ► If we focus on workplace “broken windows” (i.e., workplace incivilities), we can reduce incidences of greater workplace conduct violations

20. (c) 2010 Daniel B. Griffith20 Conceptual Frameworks for Responding to Workplace Incivility 1) Compliance mindset 1) Ethical mindset 1) Caring, giving mindset

21. (c) 2010 Daniel B. Griffith21 Compliance Mindset ► Focus: What we “must” do ► Organization/leaders: comply with laws to avoid liability ► Managers: enforce company dictates to avoid liability, keep job ► Employees: follow imposed rules to avoid discipline, keep job ► Limitations: Uncivil behaviors either ignored or treated as quasi-legal matters (i.e., heavy-handed, disproportionate to the offense)‏

22. (c) 2010 Daniel B. Griffith22 Ethical Mindset ► Focus: What we “will” do; “right and wrong” (e.g., “because it’s the right thing to do”)‏ ► Organization/leaders: develop policies and procedures to define appropriate conduct and ethical frameworks ► Managers: implement policies and instill ethical values in team; function with appropriate sense of ethical values and purpose; provide guidance to others ► Employees: act according to knowledge of right and wrong; seek and receive guidance when appropriate ► Limitations:  Tends to be more reactive, i.e., respond after violations occur  Focus on correction, not necessarily restoration  Many uncivil behaviors not readily reduced to policy interpretation and enforcement

23. (c) 2010 Daniel B. Griffith23 Caring, Giving Mindset ► Focus: What we “should” do, and should “want” to do ► Organization/leaders:  Create civil culture and community  Model ethical and civil conduct  Understand connection between espoused values and daily actions  Understand how incongruence between values and actions can adversely impact culture and bottom-line  Act with appropriate sense of corporate and social responsibility

24. (c) 2010 Daniel B. Griffith24 Caring, Giving Mindset ► Managers:  Motivated to serve and interact civilly, within and outside team  Model appropriate behavior among team, and encourage team to do same  Avoid the expedient in favor of what is correct, ethical and civil  Ensure appropriate conduct is integrated into daily activities and performance expectations

25. (c) 2010 Daniel B. Griffith25 Caring, Giving Mindset ► Employees:  Empowered to make choices  Want to serve, interact positively with others, and contribute to creating a positive culture  View behaviors as directly connected with job expectations  Act intuitively based on common sense understanding of civil behavior  Seek input when needed

26. (c) 2010 Daniel B. Griffith26 Every uncivil behavior requires a response... Severity of Uncivil Behavior Level of Response more serious less serious Less institutional response Greater institutional response Passive incivilities Rudeness Gossip Foul language

27. (c) 2010 Daniel B. Griffith27... But choosing the right response involves a fragile balance Severity of Uncivil Behavior Level of Response more serious less serious Less institutional response Greater institutional response heavy- handed, punitive permissive; behavior is excused

28. (c) 2010 Daniel B. Griffith28 Examples of Possible Responses ► Do nothing ► Establish “house rules” and discuss situations as they arise ► Offer support and counsel to help person change behavior ► Impose social consequences ► Confront behavior in supportive manner and insist on change ► Seek help from manager who intervenes ► Seek third party to counsel, mediate ► Training focused on scenario discussion & problem-solving ► Implement policy and procedures to address specific offenses (actual or anticipated)‏ ► Progressive discipline ► Negative ratings/remarks in performance reviews ► Grievances and other formal processes to investigate and impose sanctions ► Utilize external avenues for redress (i.e., lawsuits)‏ ► Training focused on “do’s” and “don’ts” and reinforcement of adverse consequences Self-regulatory measuresReliance on law and policy

29. (c) 2010 Daniel B. Griffith29Strategies 1. Develop a Statement of Civility (Leader)‏ 2. Recruit Civil Leaders, Managers, Employees (Leader)‏ 3. Discuss Crucial Civility Issues with Team (Manager)‏ 4. Impose Appropriate Social Consequences (Manager)‏ 5. Include Civility Standards within Performance Reviews (Manager)‏ 6. Pursue “Second Chance” Options (Manager)‏ 7. Incorporate Civility Content within Compliance Training (HR)‏ 8. Evaluate Existing Discipline and Grievance Processes (HR)‏ 9. Develop Meaningful Skill-based Civility Training (HR)‏ 10. Develop Civility- and Conflict-capable Employees (HR)‏ 11. Enforce Only “Enforceable” Policies, Reconsider All Others (HR)‏

30. (c) 2010 Daniel B. Griffith30 1. Leader’s Toolkit: Develop a Statement of Civility ► Such statements generally include:  An aspirational message of organizational values related to civility  What “____” means “around here,” e.g., “respect,” “fairness,” “equality,” “civil discourse,” “community,” etc.  What “we affirm,” e.g., open exchange of ideas, freedom of expression, dignity of all, climate of respect, right to personal beliefs, richness of diversity, etc.  What “we oppose,” e.g., discrimination, harassment, belligerent and bigoted messages and behaviors, etc.  Basic “skills,” e.g. “listen to one another,” “attend meetings on time,” “participate in discussions,” “disagree respectfully,” “keep an open mind,” etc.  Reference to policies and offices to whom to address concerns and complaints

31. (c) 2010 Daniel B. Griffith31 1. Leader’s Toolkit: Develop a Statement of Civility ► Creation/implementation:  Maximize input from stakeholders to develop statement  Ensure leadership models statement  Disseminate widely and post, including alongside required postings (EEOC, DOL, etc.) and in employee handbook  Incorporate in training, regular team meeting discussions, etc. ► Rationale for statement vs. policy  Intended only as a “self-regulatory” enforcement measure  Not intended to supplant legal requirements (legal counsel should review to ensure against this)‏  Demonstrates leadership commitment to make civil conduct a daily expectation, and calls organization to higher sense of accountability  Doesn’t preclude development of policies which also incorporate civility principles (e.g., bullying, general harassment, etc.)‏

32. (c) 2010 Daniel B. Griffith32 2. Leader’s Toolkit: Recruit Civil Leaders, Managers, Employees ► Start by adopting a “no jerk rule.” Management literature is rife with studies making the case of the adverse impacts of “jerks” in charge and on teams. ► Some considerations:  Include clear standards for leadership, citizenship, etc. in job descriptions, postings, etc. Evaluate accordingly.  Form search committees and use multiple interviewers/evaluators  HR/EEO professionals: Advise hiring managers on more than process and actively participate in search/interview process  Challenge candidates with behavioral-based questions  If background/character checks leave the slightest doubt, pass  Support new hires as they begin work in challenging environments, particularly new leaders

33. (c) 2010 Daniel B. Griffith33 3. Manager’s Toolkit: Discuss Crucial Civility Issues with Team ► Before Incidents or Situations Arise  Review policies, statements re: civility, diversity, etc. and discuss how stated values translate to behaviors for the team  Discuss workplace environment and areas for improvement  Walk through hypothetical situations ► When Incident is Occurring  Jump in immediately to address behavior and avoid escalation  Engage in appropriate crucial conversations ► After Incident or Situation has Occurred  Remind team members of values they agreed to respect and abide  Discuss what occurred and how to respond differently next time

34. (c) 2010 Daniel B. Griffith34 4. Manager’s Toolkit: Impose Appropriate Social Consequences ► Send implicit messages that offenders and their uncivil behaviors are not welcome and that they will feel uncomfortable by continuing them ► Examples:  Encourage culture where civility (good humor, friendship, polite interaction) is where the “fun” is at  Place more emphasis on rewarding good behavior  Highlight team members who model civility and respect  Ignore lesser forms of incivility aimed at getting your attention  Allow team members to correct offenders  Demonstrate that one component for receiving rewards and recognition (choice assignments, opportunities for training, public praise, etc.) is good citizenship behavior

35. (c) 2010 Daniel B. Griffith35 5. Manager’s Toolkit: Include Civility Standards within Performance Reviews ► Who says “attitudes” can’t be evaluated? They can if tied to specific behaviors ► Any employee who serves in a customer service role should be evaluated on key civility behaviors ► What employee is not expected to serve customers? Are not civil behaviors a performance expectation for any role? ► If it is crucial to business success, then define it within the performance standards for the job

36. (c) 2010 Daniel B. Griffith36 6. Manager’s Toolkit: Pursue “Second Chance” Options ► Intervene as soon as conduct issue arises. Counsel employee and set expectation that behavior must change to avoid discipline. ► Continue counseling where uncivil conduct is less “enforceable” or where employee is struggling yet sincerely trying to improve ► Explore with HR further options for avoiding discipline but which make clear that behavior must change ► Offer possibility for “second chances” as option to avoid discipline ► Rationale for avoiding discipline, if possible:  Discipline implies “control” and removes employee’s free choice to change behavior. Employee may then tend to “fight” discipline rather than cooperate.  Discipline may suggest that “second chances” are not possible and that relationship is beyond repair. Be sure conduct truly warrants formal process and that path to termination is a real possibility.

37. (c) 2010 Daniel B. Griffith37 7. HR Toolkit: Incorporate Civility Content within Compliance Training ► Train managers to recognize distinctions between:  Situations requiring application of law and policy (e.g., EO, FMLA, HIPPA, sexual harassment, etc.); and  Opportunities to “obey the unenforceable” ► Ensure managers understand when to confer with HR, EEO and other offices and when they have more leeway to address matters ► Incorporate scenario discussions and engage participants in problem-solving exercises ► Reinforce concept that managers are empowered to make choices and explore options for resolutions beyond “compliance” mindset

38. (c) 2010 Daniel B. Griffith38 8. HR Toolkit: Evaluate Existing Discipline and Grievance Processes ► Do existing processes involve only steps for investigation and adjudication? ► Do employees and supervisors view HR and OEO as presenting only “win/lose”, “either/or” choices? ► Do employees and supervisors avoid such processes from fear of “making a federal case” out of matters they would prefer to resolve informally? ► Consider policies and procedures that allow for consultation, counseling and mediation as means to solve problems and avoid formal steps

39. (c) 2010 Daniel B. Griffith39 9. HR Toolkit: Develop Meaningful Skill-based Civility Training ► Some civility training can seem like etiquette training, i.e., “do’s” and “don’ts” to memorize ► Other training involves awareness and sensitivity without providing concrete “how to’s” ► Develop meaningful skill-based training on interpersonal communication, customer service, conflict management, team building, etc. ► Worry less about catch-words like “civility” or “diversity” within program descriptions and content and more about actually covering such topics through skill-development and practice

40. (c) 2010 Daniel B. Griffith40 10. HR Toolkit: Develop Civility- and Conflict-capable Employees ► Does HR offer consultation on workplace conflict and climate issues, or is focus mostly on processes? ► Do managers and staff know of these services? ► HR can develop and provide such services as:  Conflict and work relationship coaching  Mediation and group conflict facilitation  Development of mediators, facilitators, coaches  Environmental assessments ► Goal: Create capability throughout organization rather than solely among “specialists”

41. (c) 2010 Daniel B. Griffith41 11. HR Toolkit: Enforce Only “Enforceable” Policies, Reconsider All Others ► Ensure you are fully utilizing policies within the “domain of law” (e.g., state or federally sanctioned areas) to protect the institution and ensure healthy environment ► Question those policies that don’t seem to fit within this domain and consider modifications or elimination ► Explore development of policies receiving more legal or regulatory attention. Examples:  Bullying  Harassment not related to EEO concerns  Protection based on sexual orientation/preference  Electronic media security and privacy

42. (c) 2010 Daniel B. Griffith42 References - Texts ► Caldwell, Mark. 1999. A Short History of Rudeness: Manners, Morals, and Misbehavior in Modern America. New York: Picador USA. ► Carter, Stephen L. 1998. Civility: Manners, Morals, and the Etiquette of Democracy. New York: Basic Books. ► Covey, Stephen R. 2004. The 8 th Habit: From Effectiveness to Greatness. New York: Free Press. ► Drucker, F. Peter. 2002. Managing in the Next Society. New York: St. Martin’s Press. ► Forni, P.M. 2002. Choosing Civility: The Twenty-five Rules of Considerate Conduct. New York: St. Martin’s Press. ► Forni, P.M. 2008. The Civility Solution: What to Do When People are Rude. New York: St. Martin’s Press. ► Giuliani, Rudolph. 2002. Leadership. New York: Hyperion. ► Gonthier, Giovinella. 2002. Rude Awakenings: Overcoming the Civility Crisis in the Workplace. Chicago: Dearborn Trade Publishing. ► Levine, Michael. 2005. Broken Windows, Broken Business: How the Smallest Remedies Reap the Biggest Rewards. New York: Warner Business Books. ► Martin, Judith. 1996. Miss Manner Rescues Civilization. New York: Crown Publishers, Inc. ► Namie, Gary; Namie, Ruth. 2000. The Bully at Work. Naperville, IL: Sourcebooks, Inc. ► Pearson, Christine; Porath, Christine. 2009. The Cost of Bad Behavior: How Incivility is Damaging Your Business and What to Do About It. New York: Portfolio. ► Rookstool, Judy. 2007. Fostering Civility on Campus. Washington D.C.: Community College Press. ► Rouner, Leroy S. (ed.). 2000. Civility. Notre Dame, IN: University of Notre Dame Press. ► Sutton, Robert I. 2007. The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn’t. New York: Warner Business Books. ► Troester, Rod L.; Sargent Mester, Cathy. 2007. Civility in Business and Professional Communication. New York: Peter Lang Publishing, Inc.

43. (c) 2010 Daniel B. Griffith43 References - Articles ► Anderson, Lynne M.; Pearson, Christine M. 1999. “Tit for Tat? The Spiraling Effect of Incivility in the Workplace.” Academy of Management Review 24, no. 3, 452-471. ► Cortina, Lilia M. 2008. “Unseen Injustice: Incivility as Modern Discrimination in Organizations.” Academy of Management Review 33, No. 1, 55-75. ► Cortina, Lilia M.; Magley, Vicki J.; Hunter Williams, Jill; Day Langhout, Regina. 2001. “Incivility in the Workplace: Incidence and Impact.” Journal of Occupational Health Psychology 6, no. 1, 64-80. ► Fernández-Aráoz, Claudio; Groysberg, Boris; Nohria, Nitin. 2009. “The Definitive Guide to Recruiting in Good Times and Bad.” Harvard Business Review 87, no. 5 (May), 74-84. ► Griffith, Daniel B. 2003. “Promoting Civility in the Workplace.” CUPA-HR Journal 54, no. 2 (Summer), 11-13. ► Lim, Sandy; Cortina, Lilia M.; Magley, Vicki L. 2008. “Personal and Workgroup Incivility: Impact on Work and Health Outcomes.” Journal of Applied Psychology 93, no. 1, 95-107. ► Moulton, John Fletcher. 1924. “Law and Manners.” Atlantic Monthly (July, 1924)(quoted in Kidder, Rushworth M. 1995. How Good People Make Tough Choices: Resolving the Dilemmas of Ethical Living. New York: Morrow. ► Pearson, Christine M.; Anderson, Lynne M.; Wegner, Judith W. 2001. “When Workers Flout Convention: A Study of Workplace Incivility.” Human Relations 54(11), 1387-1419. ► Pearson, Christine M.; Porath, Christine L. 2005. “On the Nature, Consequences and Remedies of Workplace Incivility: No Time for ‘Nice’? Think Again.” Academy of Management Executive 19, no. 1 (February), 7-18 ► Porath, Christine; Pearson, Christine. 2009. “How Toxic Colleagues Corrode Performance.” Harvard Business Review 87, no. 4 (April), 24. ► Sutton, Robert. 2007. “Building the Civilized Workplace.” The McKinsey Quarterly, Second Quarter, 47-55.

44. (c) 2010 Daniel B. Griffith44 Presenter Bio Daniel B. Griffith, J.D., SPHR, is an adjunct faculty member within the Purdue School of Engineering and Technology at IUPUI where he teaches graduate and undergraduate courses in leadership, conflict management and HR management. He is also Manager of Training and Organization Development at IUPUI. He is co-author of The Conflict Survival Kit: Tools for Resolving Conflict at Work and Supervisor’s Survival Kit (11 th ed.), both published by Pearson Education, Inc. Daniel is a registered civil mediator and a trainer for the Public Policy Mediation course at the IU School of Law – Indianapolis. He also provides consultation to non-profit, government and higher education organizations. Daniel is an attorney and received his J.D. degree from I.U. School of Law – Indianapolis.