Resolving Workplace Conflict

Transcription

1 Resolving Workplace Conflict 1

2 Caryn A. Bills Associate Chancellor-Chief of Staff Director, Office for Access and Equity 2

3 OBJECTIVES Review the role and responsibilities of the Office for Access and Equity (OAE). Gain a basic understanding of the laws and policies prohibiting discrimination and harassment. Discuss Dispute Resolution Services and the benefits it may provide. Assess the matter of Maxine and Denise. 3

4 WHAT IS THE ROLE OF OAE? The Office for Access and Equity (OAE) is charged with: Compliance in Affirmative Action Non-Discrimination Academic Hiring Dispute Resolution Training 4

5 INTRODUCTION TO EEO COMPLIANCE There are numerous federal and state laws that prohibit the University from unlawfully discriminating against employees, applicants, students, or third parties. 5

6 LAWS PROHIBITING DISCRIMINATION Title VII of the Civil Rights Act of Illinois Human Rights Act. Equal Pay Act and Illinois Equal Pay Act. Age Discrimination in Employment Act. Americans with Disabilities Act. Uniformed Services Employment and Reemployment Rights Act. Executive Order Title II of the Genetic Information Nondiscrimination Act (2008). 6

7 POLICIES PROHIBITING DISCRIMINATION University Nondiscrimination Statement Parallels state and federal law. Applies to admissions, employment, access to and treatment in the University programs and activities. Sexual Harassment Policy Parallels state and federal law. Prohibits sexual harassment in the workplace and in academic environments. 7

8 PROTECTED STATUS OR CLASSES Race Color Marital Status Arrest Record Religion Sex Disability Military Status National Origin Ancestry Sexual Orientation Unfavorable Military Discharge Citizenship Status Age (40 and over) Genetic Information Collectively, these laws and policies prohibit the University from making adverse employment decisions based upon a person s protected status or classification. 8

9 AMERICANS WITH DISABILITIES ACT (ADA) What is an accommodation? An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee unless an employer can prove that such an accommodation would impose an undue hardship on the operation of the employer s business. Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities. Accommodations vary depending upon the needs of the individual applicant or employee. 9

10 OVERVIEW OF ADA EMPLOYEE ACCOMMODATION PROCESS The Office for Access and Equity oversees and actively participates in the accommodation process in conjunction with employee s department/unit. University Health Services verifies impairments and acts as resource when exploring reasonable accommodations. Departments/units are responsible for referring employees to OAE when employees infer that they have disabilities and/or require accommodations. 10

11 THE STORY OF MAXINE AND DENISE, PART I You are the supervisor of a work group of ten employees. Two of them, Maxine and Denise, have recently begun to exhibit irritable and aggressive behavior, primarily towards one another, but sometimes toward other members of the work group. You ve noticed, and others have told you, that they sometimes mutter things under their breath when in the presence of one another and give each other dirty looks. There no longer seems to be any direct, positive communication between the two of them, which could be detrimental to the performance of their jobs if this pattern continues. 11

12 THE STORY OF MAXINE AND DENISE, PART I, CONTINUED What should you do as their supervisor? As an HR Professional, how do you advise the supervisor? 12

13 MAXINE AND DENISE, PART II Although there have been no threats or overt violent behavior on the part of either Maxine or Denise, some of their coworkers have complained to you of discomfort, and even fear. One of their co-workers told you Denise has talked a lot about guns in a way that makes him nervous. Their work is satisfactory and neither has a disciplinary history. What should you do as their supervisor? As an HR professional, how do you advise the supervisor? 13

14 FITNESS FOR DUTY University of Illinois at Chicago employees are required to be fit for work during their entire work schedule. Employees must be able to perform their jobs in a safe, secure, productive, and effective manner. Employees who are not fit for work may present a safety hazard to themselves, to other employees, to the University, and to the public. 14

15 FITNESS FOR DUTY CONTINUED In appropriate circumstances, an employee of the University may be required to be examined by Health Service (UHS) in order to determine the employee's fitness to perform assigned duties and responsibilities. A supervisor s assessments must be based on objective, factual information, not on subjective perceptions... [or] irrational fears about a specific disability or disabilities. Supervisors are responsible for informing the employee of the need for medical evaluation to determine fitness for work. Employees are required to participate in the evaluation or be subject to discipline. 15

16 DISPUTE RESOLUTION SERVICES (DRS) Services include: Consultation Facilitation Mediation Training 16

17 DISPUTE RESOLUTION SERVICES (DRS) Services are available to: Faculty Academic Professionals Civil Service Staff Students 17

18 AGREEMENT TO MEDIATE Intake with Initiator and Respondent. Assess each parties perspectives. May include other parties such as supervisor. Determine goals Obtain commitment to the mediation process. Sign the Agreement to Mediate. Identify mediators Brief and schedule mediation. 18

19 DISPUTE RESOLUTION SERVICES Common Differences: Workplace environment Lack of communication. Interpersonal communication Clarification of roles and responsibilities. 19

20 MEDIATORS Approximately 28 trained mediators from the UIC campus. Faculty and Staff Voluntary A minimum of 40 hours of mediation training. DRS meetings are held regularly. 20

21 MEDIATORS ROLES Encourage parties to openly and honestly communicate and to identify issues and work toward a resolution. Identify possible corrective action and/or potential settlement options. Ensure confidentiality Craft a MOU. 21

22 DRS BENEFITS Prevent formal grievances, external charges, and costly litigation. Encourage resolution at the earliest stage possible. Reduce the amount of time to process complaints. Reduce the number of investigations. Assist the parties in learning how to communicate with each other. Promote a win-win solution. 22

23 DRS BENEFITS CONTINUED Strengthen work relationships and environments. Parties have control over the resolution identified. Confidential Not part of the personnel file. 23

24 DRS TRAININGS Conflict Resolution Team Building Myers-Briggs Type Indicator. Thomas Kilmann Conflict Style Assessment. Unit Assessment How to Create a More Engaging Environment. 24

25 MAXINE AND DENISE, PART III Although you were alerted to the changes in their behavior and concerned that there was a potential problem, you chose to ignore the situation for the time being in hopes that it would resolve itself. One morning you hear yelling and swearing coming from the copy room. As you enter the vending room, you see Maxine and Denise physically fighting pushing and punching one another. Two other employees, co-workers of Maxine and Denise who report to you, witnessed the altercation and shouted, Stop it and do something! 25

26 MAXINE AND DENISE, PART III CONTINUED What should you do as the supervisor? As the HR professional, how do you advise the supervisor? 26

27 CAMPUS VIOLENCE AND PREVENTION PLAN UIC fosters an environment where everyone is safe from violence, threats, intimidation, bullying, taunting, harassment, or fear, and in which interpersonal relationships and interactions are productive and safe. This plan also sets the expectation that such conduct must be reported; to describe how to report such conduct; to specify consequences for such conduct; to establish every person s accountability for maintaining appropriate conduct; and to recommend training regarding this policy and available resources. 27

28 FACULTY AND STAFF RESPONSE TEAM (FSRT) Coordinates support services and an administrative response to crises involving faculty and staff. Makes referrals to the Threat Assessment Team. Provides individual faculty/staff case review and management. 28

29 FACULTY AND STAFF RESPONSE TEAM (FSRT) CONTINUED Representatives include: o Office of Access and Equity. o Human Resources o University Health Services. o Employee Assistance o Counseling Center o Faculty Affairs o UIC Police o University Counsel o Public Affairs 29

30 FACULTY AND STAFF RESPONSE TEAM (FSRT) CONTINUED Records for the Faculty and Staff Response Team are maintained in the appropriate department and Human Resources or Faculty Affairs 30

31 CONTACT INFORMATION Office for Access and Equity (312) Dispute Resolution Services (312) Employee Relations (312) Employee Assistance Services (312) Human Resources Development (312) University Health Services (312) Women s Leadership and Resource Center (312)