?SHRM President and Chief Executive Officer Johnny C. Taylor, Jr., SHRM-SCP, is answering HR questions as part of a series for USA Today.
Do you have an HR or work-related question you’d like him to answer? Submit it here.
As a service worker, I’ve witnessed the general public treat me and other service workers terribly. And lately, I feel it has become more frequent and intense, creating a more stressful environment. What should we do when customers exhibit intimidating and abusive behavior toward us? —Carlson
Johnny C. Taylor, Jr.: Service industry workers often become the target of customers’ ire, with hostile behavior creating a toxic work environment and even jeopardizing workers’ well-being. Though this behavior is sometimes expected, it isn’t acceptable. Nor does it mean you have no recourse on the matter.
Is your employer fully aware of these incidents? I ask because it should be in their best interest to protect the workplace and workers from hostility to retain top talent. Additionally, workers are entitled to a safe workplace, and according to Occupational Safety Healthy Administration regulations, this extends to verbal abuse. So, always ensure your manager is aware of these incidents as they take place. If this is a regular occurrence, you should also put it on HR’s radar.
If the situation should involve HR, review any company protocol around customer complaints and potentially abusive behavior. Look for an established process for supervisor intervention when bad conduct continues or escalates.
Ideally, you should provide HR with full details and be as transparent as possible. Particulars can include the dates when these interactions occurred, along with who was onsite at the time. Though potentially uncomfortable, these conversations are necessary to help your company formulate a proper response to addressing and preventing future occurrences. HR can’t be everywhere, and they need workers and managers to share important information about events in the workplace. This information can help your employer determine if initiating customer service training designed to address aggressive behavior is necessary.
At its core, employee safety and well-being are critical components of sustaining a functional and productive workplace. When workers feel safe, businesses can operate effectively and even thrive.
I hope your company can turn things around and create a safer, more positive workplace.
A co-worker set up a camera in our workplace to film other co-workers. Is this legal? How should we address it? —Kira
Johnny C. Taylor, Jr.: Being surprised and concerned to discover your co-worker is filming you at work is understandable. However, it may be justifiable if there are safety concerns, illegal activity or appropriate business reasons.
For example, employers typically use video surveillance technology to identify inappropriate behavior or unsafe working conditions or to track security data. Additionally, industries like banking and real estate often surveil their workplaces to enforce safety and security. In all instances, video surveillance should serve a legitimate business purpose. Employers should not use video surveillance in areas where employees have an expectation of privacy. This includes areas like bathrooms and locker rooms.
While I can’t speak to the specific details of your situation, if your colleague is filming you without direction from your employer, this would be an entirely different scenario. In most workplaces, employees should not be recording worksite activities without the permission of those being recorded, unless they have a legitimate concern regarding unlawful activity or workplace safety. State laws may apply depending on where you work, requiring at least two or all parties’ consent in a recording.
Keep in mind, though employers may generally prohibit unauthorized workplace recording, there are some instances in which it is actually legal. For instance, the National Labor Relations Act restricts employers from issuing policies banning recordings showing hazardous workplace conditions or inconsistent application of employer rules. This exemption allows workers to document conditions potentially detrimental to the workforce. However, if the recording falls outside of this scope, it definitely would be cause for concern. Remember to also check any state or local laws governing workplace surveillance, as well.
Ultimately, you and your workers should feel your privacy is protected at work. Check with your HR team to see if there is a workplace recording policy to cover general recording guidelines. HR can also help verify whether any policies apply to your specific situation. If no such policy is in place and you continue to feel uncomfortable, elevate the matter to your people manager or HR. I hope you find a workable solution to maintain a safe and comfortable work environment.
