Minor problems can cumulatively form big ones, says lawyer discussing microaggressions at work
In my practice, I am frequently called in to help with situations involving uncivil and insubordinate conduct in the workplace. But here’s the thing - it isn’t any one particular instance that is the concern. It is the general, ongoing chain of dismissive remarks, eyerolling, or signs of exasperation from a staff member that is causing the problem.
And a big problem it is! Many managers, supervisors, and HR professionals find that it can be incredibly difficult to “pin down” and get at this type of conduct, and then adequately action it.
In more nuanced cases of interpersonal conflict, the person affected is often reticent to come forward because it seems silly for them to complain about any one particular incident, as it seems so small. However, the collective impact of the conduct often creates such a negative workplace for the affected employee and many times the entire team, that collaboration and productivity have broken down.
Dealing with this behaviour can feel like trying to grab clouds when you aim to get at the root of the behaviour and issue discipline for it. And that’s where this article comes in.
We need not use the term “microaggressions” if it doesn’t apply to a specific case. However, it creates a useful framework for many of the issues we are discussing. Microaggressions are subtle, often unintentional, comments or behaviors that are usually discriminatory in nature as they relate to race, gender, sex, sexual orientation, or other protected characteristics.
Though seemingly minor infractions in the moment, these actions can cumulatively impact an individual's workplace experience and standing, leading to decreased morale and productivity. They also often result in discrimination under appliable human rights legislation.
While the above conduct can have a discriminatory bent to it, many instances of subtle misconduct is not discriminatory in nature, but it is unacceptable, nonetheless.
Incivility in the workplace refers to rude or disrespectful behavior that, again, is often subtle but negatively impacts on the work environment. Incivility includes dismissive remarks, eyerolling, or signs of exasperation - this last one is tough to describe, but we have all been in the situation where we assign a project and the employee responds with a smirk or eye roll, and a release of air intended to convey their incredulity at being asked to do something so ridiculous.
Insubordination refers to an employee's refusal to obey orders or disrespect towards authority. Therefore, when management is the recipient of the conduct described above, the result can also be considered insubordination and should be actioned as such.
Here’s how we start to grab the cloud when faced with incivility, microaggressive behaviour and insubordinate conduct:
Set the rules: First, we need clear rules in place before the unacceptable conduct occurs, so that we have objective standards of conduct. Some standards are set out in workers compensation and occupational health and safety legislation in most provinces (under slightly different names, of course) as it regards bullying and harassment.
While bullying and harassment policies are great, many employers have instead chosen to use a Respectful Workplace Policy (RWP) that includes bullying and harassment but captures a far wider set of conduct that negatively impacts the workplace. I really like this approach because RWPs can address uncivil conduct like eye rolling, chortling, dismissive remarks and the like.
RWPs can also address discriminatory conduct as well or can be included in a Discrimination Policy. You have choices but the wider net you cast, the more unacceptable conduct you can catch and action!
Train on the policies: As mentioned above, some legislation and jurisdictions require that staff be trained on a bullying and harassment policy, for example. However, training on your conduct policies should be a standard practice. This will hopefully avoid certain misconduct from occurring in the first place, but will also provide you with a further point of accountability when addressing improper conduct with staff.
Act in the moment: “Wait and see” is generally not a strategy in these cases, because doing so causes unacceptable conduct to snowball into bigger issues. Therefore, it is important to act in the moment, which can be as gentle as asking the person if they rolled their eyes or if they intended to make what you took as an exasperated sound when asked to do a task.
By supporting our people to use self-remedies like these in the moment, or using them as HR professionals ourselves, we can often get on top of misconduct right away.
If you are dealing with a series of seemingly small, “chippy” behaviours over time, it is important to address it but be specific:
Those dealing with unionized employees will have a bit more of a complex process to deal with, involving the presence of a union representative at any disciplinary meetings. However, policies apply to all employees; unionized or not. Their membership in a union is not an excuse for behaviour that violates your policies.
Clear standards, proper training, and prompt action are essential to managing subtler misconduct in the workplace. However, such conduct is critical to get in front of because it can be an insidious force that erodes your culture and results in potential liability. With the application of a few processes and a mindset to be proactive, we can make a change on this all-too-pervasive issue inside of our organizations.
Richard B. Johnson is a co-founder and partner at Ascent Employment Law in Vancouver.
