Just My E-pinion
By Stephen D. Bruce, Ph.D.
Editor, HR Daily Advisor
Our recent The Company Watchdog: Should It Be YOU? e-pinion set forth the idea that HR was really the only part of any organization set up to catch illegal or abusive behavior toward workers. The column garnered many responses, but they didn’t tell a happy tale. Most readers acknowledged that they had to play the watchdog role, but they bemoaned the lack of support from senior management.
Here’s a sampling of responses from HR managers who don’t feel the love from upper management:
“I feel as if I wear a bull’s-eye on my back. I plan on getting out of the HR business soon.”
“Sometimes the Board is receptive, sometimes not. But guess who they come to if there is a whiff of lawsuit?”
“I was just talking about this very subject with a friend of mine who got the heck out of the HR madness a while ago.”
“I want to tell you how incredibly difficult it is for some HR managers/directors to deal with management’s ideas and what seems to be irrelevant to them. Granted there are responsible businesses out there, but you would be surprised as to the level of the ‘let’s not [fix] it until we get caught’ mentality.”
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“I would like to see a follow-up to this that gives HR tips on how to surface to upper management and get positive action as opposed to being perceived as ‘the little red hen screaming the sky is falling,’ most especially when there are multiple violations occurring that senior management knows about and condones. To remain effective, HR cannot risk being cut off/excluded from senior management who would just prefer to ‘shoot the messenger’ in order to resolve issues.”
“As HR providers, we find ourselves too often on the field of battle alone. While I would rather not be viewed as a ‘watchdog,’ I am. Management may push the limits in ordered to obtain or maintain their needs. Sometimes these needs, realistic or not, can be the wrong move for the company. However, even though they do not want to admit it, they do look to HR to keep that fine line in balance. Nevertheless, it sets us apart from the pack. No one truly likes that.”
“Our owner/president is an older gentleman (60s) who, while he is a wonderful person and generous employer, can’t stop making jokes, comments, and remarks that are soooooo incorrect. He is an equal opportunity offender. He covers age, race, gender, sexual orientation, and more. Everyone here just laughs and says ‘Well, that’s just how he is.’ You and I know that those same people wouldn’t hesitate to sue him if any adverse actions were taken against them by the company. It’s coming … I know it.”
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This reader contributed comments on compliance training and who should do it if HR couldn’t.
“Yes, the buck should start and stop with HR when it comes to being the company watchdog. Your checklist is an excellent start and recommendation. If HR cannot perform these regular audits because of resource constraints, then the audit and training functions could be outsourced to a consultant who, on a regular basis, will do the assessments. Based on their findings, company or department training can then be done to make certain employees (including managers) are knowledgeable and conversant in regard to compliance.”
And one reader filed a complaint against HR itself.
“I couldn’t resist responding to this subject. Several of my employees complained of ethnic discrimination that was corroborated by co-workers. I reported this to my HR department who ignored the complaints, and then I was retaliated against. HR would not take a stand for my protection and suggested I move to another work area. What good is it to have policies if they are not going to be enforced?”
As always, thank you for reading and responding. And if you’d like to add to the discussion, you still can. Just use the Share Your Comments button below.
Management is in fact responsible for complying with HR regulation. While management can task the HR department with with seeing that the company complies with the law, management is still responsible for compliance. Management can delegate the task, but not the responsibility. When management ignores the HR departments advice, audit findings or warnings, they abrogate their responsibility for compliance. Sarbanes-Oxley has codified into law management’s responsibility for the actions of their finance departments. Perhaps it is time for Sarbanes-Oxley type legislation codifying managements responsibility for compliance with HR regulations, thereby, not leaving their HR departments to twist in the wind.
I wish it were not true that HR doesn’t get the support of other managers but they do shot the messenger. I love HR and want to do right by the company and my employees, it makes me sick that when consulting the manager of what is going on in their dept it is ignored or your looked at as though HR has the issue not the mgr, as they don’t want you to tell them anything is wrong in their dept. HUMMM
I love HR and couldn’t wait to get back into the arena, after a year off. Although I love coming back “home” it has a feel of the “watchdog” about it. Recently I was asked to tighten up areas that were a bit lax, such as coming to work on time and clocking in/out for lunches. The company policy is clearly outlined in the company handbook, however the first few weeks after sending out the memo for all employees to revisit the guideline and adhere to the policy, made me feel like I needed to wear a Teflon suit. Unfortunately I got more grief from the “management” team than I did the employees. The weekends couldn’t come fast enough. HR is like being the perpetual new kid on the block no matter how long you are with the company.