Lessons From a Case of Sexual Harassment

An anonymous MIT alumnus blogs about her first incident of workplace sexual harassment and offers nine salient pieces of advice. For example: 3. Know your allies, and use them; 6. Whatever you do, don’t lie to Human Resources; and 7. Protect your reputation. Most especially, her advice regarding the use of an Ombuds office is right on.

2. Your “Ombuds” office may not be an Ombuds office. Organizational Ombuds offices follow the IOA Standards of Practice—this includes most college and university Ombuds, as well as many Ombuds in government agencies and corporations—whereas other Ombuds are actually compliance officers using the “Ombuds” label. IOA-following Ombuds are designated as confidential, independent, and neutral, do not keep case records for the employer, and do not accept “notice” of illegal behavior on behalf of the employer. In other words, they can offer you options without having the managerial responsibility of performing a formal investigation. In contrast, a compliance officer does keep records, accepts “notice,” and is required to take action or see that action is taken. This critical difference determines whether you can maintain a confidential identity, control the course of the actions against your harasser, etc. Do your homework before your report to any office in your organization! 

(Graduate Women at MIT.)

CERN Ombuds Considers the Dangers of Email

In his latest newsletter column, Vincent Vuillemi, the Ombuds at the European Organization for Nuclear Research, looks at the fallout from an employee's careless email and the role of Ombuds in remediating the situation.

In the fictionalized scenario, a supervisor's response to an email is sent to all of the original recipients instead of just the sender. Unfortunately, the response was highly critical and possibly violated the organization's code of conduct. With the help of the Ombuds, the employee, "began the painful search for the suitable words to excuse the language he used in the email. In the end, he sent a conscientious apology to his colleagues, but alas, the harm had already been done." (CERN Ombuds Corner.)

Related posts: CERN Ombuds Explains His Duty of Confidentiality; CERN Ombuds Explores Workplace Rumors.

CERN Ombuds Explains His Duty of Confidentiality

In his most recent newsletter article, Vincent Vuillemi, the Ombuds at the European Organization for Nuclear Research, explains how the duty of confidentiality affects his ability to work with a group of disgruntled employees. In his hypothetical example, Vuillemi believed that it was essential for the Ombuds to bring group's concern matter to the attention of senior management. However, because the employees had not given permission, the Ombuds was required to maintain confidentiality. Vuillemi's example is typical of cases many organizational Ombuds encounter. (CERN Bulletin.)

Related posts: CERN Appoints an Ombuds; CERN Ombuds Begins Series of Articles for Employees; CERN Ombuds Explores Workplace Rumors.

Emergency Medicine News: Sick of Complaints? Call the Ombudsman

The May issue of the independent news magazine says that Ombuds are an important resource for emergency medicine professionals who are often criticized from many sides.

In receiving complaints from emergency medicine professionals, the ombudsman may coach the employee in how to approach a manager on her own, or may direct the employee to an appropriate resource within the organization. At the same time, the ombudsman collects anonymous data on patterns of complaints that can help the emergency provider fine-tune training programs.

Some emergency service providers may wish to create an ombudsman position exclusively for clients to ensure high levels of satisfaction. This is a customer-friendly move.

The article was written by James Ziegenfuss and Patricia O'Rourke, authors of The Ombudsman Handbook. (Emergency Medicine News.)

Related post: Book Highlights Organizational Role of Ombuds.

Asian Scientist Magazine: The Organizational Ombudsman Can Help

The latest issue of the magazine for the Asian scientific community, includes an article that explains how an Ombuds can help with these types of problems:

• “My senior colleague wants to be co-first author on my paper, but I did 80 percent of the work!”
• “My PI is not letting me graduate… I’m desperate.”
• “I can’t stand my labmate who bullies me. I can’t do anything about it because I depend on him.”
• “I hate my boss.”

The article discusses the professional standards of independence, neutrality and impartiality, confidentiality, and informality. There are several references to IOA materials and the website. This might be a good handout for Ombuds working with researchers. (Asian Scientist.)

Latest Newsletter from Georgia State University Ombuds Offers Wide Range of Advice for Students

The GSU Office of the Ombudsperson publishes a periodic newsletter for students.  The latest issue concludes an article about micromanagement (including tips for the micromanager and micromanaged) and delegation. The newsletter advertises upcoming workshops on bullying and mobbing, and conflict coaching for teaching assistants.

Kelley Alexander was hired as the GSU Student and Staff Ombudsperson in January 2010. (News from the GSU Ombuds via @GSU_Ombuds.)

Related posts: Georgia State Appoints New Ombuds for Students and Staff; Call for Submissions: Conflict Resolution Symposium Hosted by Georgia State University Ombuds.

Petrobras Ombuds Discusses Religion in the Workplace

In his latest column, Paul Otto, the Ombudsman for the semi-public Brazilian energy company, responds to a recent email from an employee wishing coworkers a good Easter. Otto observes that benign intent does not make the message appropriate for the workplace. Instead he concludes that religious statements should be discouraged, even when they reflect the majority sentiment.

Brazilian State is secular and Petrobras should, in my point of view, make an effort to impede religious manifestation to be disseminated, at the risk of violating Petrobras' Code of Ethics, under which the respect for differences and diversities of religious nature is established. Also, we must consider that the respect for religious differences does not mean to promote the most prominent religion or to choose one, which is mostly adhered to by the company staff on a specific celebration.

(Petrobras Ombudsman Column.)

Related post: Petrobras Ombuds Launches Monthly Column.

Google Research Uncovers "Rules" for Better Managers

In 2009, Google began a study of its managers' performance reviews, feedback surveys and nominations management awards. Like most social science research, Google's results confirm what people know intuitively. What was most surprising, especially given the technical nature of the work at Google, was that technical expertise was the least important characteristic for a good manager.  Ombuds may want to use this list as part of their conflict coaching or organizational feedback.

Google' Rules

Eight Good Behaviors

1. Be a good coach.
2. Empower your team and don’t micromanage.
3. Express interest in team members’ success and personal well-being.
4. Don’t be a sissy: Be productive and results-oriented.
5. Be a good communicator and listen to your team.
6. Help your employees with career development.
7. Have a clear vision and strategy for the team.
8. Have key technical skills so you can help advise the team.

Three Pitfalls of Managers

1. Have trouble making a transition to the team.
2. Lack a consistent approach to performance management and career development.
3. Spend too little time managing and communicating.

(NY Times.)

2-1-1 as a Resource for Visitor Needs Beyond the Ombuds' Scope of Services

In his latest post at the Organizational Ombudsman Blog, Clayton Gilman explains the benefits of the 211 information and referral service. Gilman says that the program has been very effective and helpful as a one stop resource for any community in the USA where community services are now needed in the aftermath of a failed negotiation or life threatening event.

The United Way supported program provides free and confidential information and referrals to local health and human services such as

• Basic Human Needs Resources
• Physical and Mental Health Resources
• Employment Support
• Support for Older Americans and Persons with Disabilities
• Support for Children, Youth and Families

The website will identify the closest 211 service for any community in the US. This is a valuable resource for Ombuds and everyone providing assistance to distressed individuals. (Organizational Ombudsman Blog; 211.org.)

Prior posts about Gilman's OO Blog.

Tips for Handling Defensiveness In High Conflict People

Ombuds regularly deal with and coach others to deal with high conflict people (HCPs). Attorney, therapist and mediator, Bill Eddy says HCPs are driven primarily by unconscious defensiveness. Understanding this will avoid frustration and prompting more bad behavior. Eddy says that HCPs' behavior is rooted in a Mistaken Assessment of Danger. The HCP perceives a threat and is trying to protect him or herself.

In a blog posting at Mediate.com, Eddy offers the following tips for dealing with HCPs in the workplace:

1. Reduce their Mistaken Assessment of Danger: Try not to be emotionally threatening;
2. Set Limits on Behavior that’s Aggressively Defensive: Try to show empathy and concern for the person, AND explain the rules or reasons the specific behavior needs to be stopped AND what the consequences are if it continues; and
3. Avoid Giving Negative Feedback: Regardless of how severe the consequences may be for the “bad” behavior, communicate that you want to help the person.

Read his article for more details. (Mediate.com.)

Related post: Organizational Responses to Workplace Bullies.

Signs It's Time to Leave Your Job

Molly Peckman advises attorneys on law firm life and professional development. Her recent article for The Legal Intelligencer on recognizing when it's time to leave a legal job may be relevant for Ombuds' visitors.

Peckman says the following are signs an employee should already be working on a resume:

• Drinking on the job or abusing drugs, including legal ones like nicotine, caffeine, ibuprofen, cough syrup and antacids.
• Melting down and broadcasting a tirade of expletives.
• Crying, sleeping or getting nauseous at work or when thinking about work.
• Finding the best part of the day is not in thejob description--discovering leftover pizza or cookies in a conference room, talking sports with the late-night security guard or fantasizing about co-worker misfortune and disfigurement.
• Having a hard time getting out of bed in the mornings or have trouble falling asleep at night.
• Experiencing work-related nightmares.
• Not fitting in, hating the work or the supervisor, especially if personal ethics or integrity are at risk.

She says, "You spend far too much time at work to be miserable there, and no job is worth making yourself sick over." This is advice many Ombuds have delivered too. (LawJobs.com.)

The Power of Emotional Detachment

When Ombuds are consulted by people targeted by a bully, Ombuds try to identify a range of options for responding. Oftentimes, the visitor may choose to cope with the situation by disengaging. Bob Sutton, the author of The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn't, seems to agree that emotional detachment is an important job skill.

In an interview with Gretchen Rubin at the Happiness Project blog, Sutton said:

I am starting to learn the power of emotional detachment, especially when it comes to dealing with difficult people and situations. ... If you have a boss who is driving you crazy and can’t escape (at least for now), learning the fine art of not caring so much, of not letting it touch your soul, can be very soothing. The same goes for bosses who are stuck with people they can’t coach to being better people and better performers – and can’t get rid of it, at least for now. Detaching yourself emotionally from that person and instead focusing on the more constructive people that you lead can do wonders for both your team and your well-being. My efforts to improve this ability have helped me enormously. ... Indeed, I sometimes toy with writing a short book called “The Virtues of Not Giving a Shit.”

The full interview, "Be Yourself, But Keep Your Inner Jerk in Check," is definitely worth a read. Sutton's new book is Good Boss, Bad Boss: How to Be the Best... and Learn from the Worst. (The Happiness Project.)

Related posts: Coaching Bullies; Workplace Bullying More Harmful than Sexual Harassment; Ombuds are Important Tool for Dealing with Toxic Boss; Advice for Visitors Who Need to Get Along With Their Bosses.

How to Apologize

 Ombuds often coach a visitor to apologize or facilitate an apology from one or more parties.

Over at Mediate.com, Vivian Scott says that an effective apology has four elements:

1. Explicit details,
2. A demonstration that your regret is about your actions and not his reactions,
3. A promise that it won’t happen again, and
4. An offer to make up for your behavior.

Scott, who is the author of Conflict Resolution at Work For Dummies, says that a good apology can not only repair a broken alliance but it can stand as the beginning of a very productive relationship. (Mediate.com.)

Related posts: The Art of the Apology; How Medical Ombuds Can Facilitate Apology and Disclosure.

Great Headline for Ombuds Article

Dora Farkas, who earned a PhD at MIT and did post-doc work at Tufts, writes an advice column for BenchFly. Her latest column addresses the concerns of an anonymous graduate student considering the university Ombuds office. The article's title is one of my favorite descriptions of Ombuds work, "The Ombudsman: The Best Conversation that Never Happened."

Farkas assures the student, "The ombudsman at your university was probably trained professionally [and] your conversation with the ombudsman will be kept confidential, and will give you the opportunity to brainstorm about your options." She also references the IOA Code of Ethics. (BenchFly.)

University of Miami Ombuds Offers Guidance for Students in Conflict

Last week, the student newspaper at the University of Miami published an interview with Dr. Gail Cole-Avent, who serves as the Ombudsperson for non-academic issues. She explained that Miami relies on a network of "University Troubleshooters" to triage student concerns and refer more significant issues to the Ombuds office.

Cole-Avent offers students in conflict five pointers:

1. When in doubt, seek us out. Our motto is probably one of the most effective ways to find a resolution. S.T.O.P and Come See Us First. If you think you have a question or anticipate something may need to be addressed, see us first. The University Troubleshooters and Ombudsperson representatives want to help students talk out possibilities for resolving their concerns.
2. Start early. Many students wait until that last moment, which can be a challenge if a quick response is needed. Start seeking out the appropriate people early. Even if you have a preliminary question, the troubleshooters and appropriate ombudsperson can point you in the right direction.
3. Learn about the Policies and Procedures. If applicable, ask about the policy and procedure that addresses your concern. It will describe the parameters and if there are any exceptions. Fully read and understand any contract that you sign. A contract at UM is the same as a contract with any other institution or business. You must fulfill your commitment.
4. Document your interactions. Keep a record of who you spoke to, when you spoke to him/her, and the outcome. This is good practice for life. When speaking to students, we hear the general statement “they told me.” It is challenging to address the specifics of a scenario with the elusive “they.”
5. Be Respectful. Yelling, screaming or cursing a fellow student or administrator is not the most effective way to resolve a situation. Some situations will lead to frustration, but try to keep a cool demeanor. Individuals are more willing to listen and respond when they are engaged in a conversation where respect is exhibited.

(Miami Hurricane.)

Related post: Two New Ombuds at University of Miami.

Why Bosses Avoid Conflict

Mediator and author (Conflict Resolution at Work For Dummies) Vivian Scott observes that some managers have a special knack for looking the other way when it comes to bad behavior and conflict on the job. She suggests there are four possible explanations.

1. Can’t Find Starting Line -- Some managers feel overwhelmed with the complicated details and aren't open to sorting through who said what and who did what to whom and why they did it.
2. Doesn’t Want to Look Bad -- Some managers think that if they keep quiet about the problems on their team no one will be the wiser.
3. Has “Real Work” to do -- Some managers may feel that personnel squabbles are secondary to her or his primary objectives.
4. Can’t See the Problem -- Some bosses lack perspective on issues that are important to subordinates.

For each of these situations, Scott offers straight forward suggestions on how to get the boss more engaged in conflict resolution. Perhaps a worthy seminar for your organization. (Mediate.com.)

Micro-Affirmations as Antidote to Workplace Inequities

In the 1970's Mary Rowe, defined micro-inequities as “apparently small events which are often ephemeral and hard-to-prove, events which are covert, often unintentional, frequently unrecognized by the perpetrator, which occur wherever people are perceived to be ‘different.’”

Rowe, the Ombuds at the Massachusetts Institute of Technology, says the remedy for micro-inequities is micro-affirmations, equally small and unconscious acts that occur wherever people wish to help others succeed. Robert Martínez, HR Diversity Manager at Princeton University, agrees and says that recognition of the psychological damage caused by micro-inequities is the first step toward reversing the effects. (Color Magazine.)

This is the kind of information that Ombuds may want to use for departmental training or even one-on-one coaching.

Related post: MoFo Partner Backs Ombuds as Remedy for Micro-Inequities.

Ombuds are Important Tool for Dealing with Toxic Boss

An article in the Economic Times gives employees advice for dealing with toxic bosses. HR expert Adil Malia says the first step is getting a reality check from coworkers. If the problem is not you, but a toxic boss, she advises getting human resources involved.

After that:

• Consult the Ombuds;
• Keep a professional attitude and focus on your work;
• Avoid gossip;
• Continue respecting your manager, be personable;
• Never publicly react or confront the toxic boss’s insinuations; and
• Develop your Plan B.

The last resort, according to Malia is approaching the CEO. (Economic Times.)

Related posts: When the Boss is a Bully or Jerk; Handling a Tyrant Boss.

Conflict Coaching: Advising the Mediating Manager

Occasionally, Ombuds have the opportunity to coach individuals who are not a party to a conflict. Managers may want to resolve departmental issues without referring their employees to the Ombuds. Managers are not neutral and independent and therefore need to use techniques that are different than those used by Ombuds and Mediators. Tufts University professor Jeswald Salacuse has identified six bases of power for mediating managers:

1. Rewards -- Managers have access to incentives for changed behavior;
2. Coercion -- Managers can punish as well as reward;
3. Expertise -- Managers often have greater knowledge and skills that are relevant to the conflicts;
4. Legitimacy -- Managers in some organizations may have great power to implement a resolution;
5. Relationships -- Managers often have preexisting relationships with the parties; and
6. Coalitions and Networks -- Managers may be able to capitalize on existing social networks to gain support for resolutions.

Salacuse encourages managers to be aware of these leverage points when attempting to mediate. (Harvard PON Blog.)

Advising Visitors Stuck in Their Job

Organizational Ombuds routinely counsel employees unhappy about some aspect of their work. Options for resolution generally range from doing nothing to quitting. Most of the more attractive options lie between and include informal and formal attempts to address the causes of dissatisfaction. In many cases, the employee stays in their position. An article in the US News & World Report summarizes some tactics for those who decide to try and cope in an unpleasant job.

• Figure out what's changed -- examine the reason for dissatisfaction as a first step toward changing the situation;
• Start a research project -- alter your routine to see whether changes have a positive effect;
• Start with gratitude -- recognize the benefits of your position;
• Look around the office -- connect with coworkers to make positive changes;
• Help colleagues with three things -- give feedback to alleviate feelings of anonymity, irrelevance, and lack of success.

(US News & World Report.)

Related posts: Deciding Whether to Quit; Study: Complaining Makes it Worse; The Power of Nice; Working Happily With Colleagues; Advice for Visitors Who Need to Get Along With Their Bosses.