Auto Dealer Monthly Magazine is the daily operations publication serving the retail automotive industry. This automotive publication serves dealer principals, officers and general managers with the latest best practices.
Issue link: http://autodealermonthly.epubxp.com/i/84037
dealership operations / compliance Having spent many years as a dealership employee, I've come to believe that one of the reasons our industry is so fre- quently targeted is because of the long-standing dealership culture itself. Let's face it, car folks tend to be bold, aggres- sive, competitive, high-spirited … you name it. Conduct that may be considered harass- ment or discrimination is sometimes so commonplace in dealership environments that people often don't recognize the behavior as being inappropriate. Think about it. Have you ever witnessed dealer personnel swapping dirty or ethnic jokes or perhaps badgering a co- worker with sexual innuendo? How about inappropriate material being e-mailed or displayed on computers and mobile devices? Perhaps you've noticed that high-per- forming individuals are given a bit more slack when it comes to their behavior? Have you ever witnessed a supervisor either ignore potentially harass- ing behavior by a subordinate or just lightheartedly suggest they be careful what they say? Unfortunately, many compa- nies have found out the hard way that "just kidding around" with no harm intended is not a viable defense. As far as the law is concerned, harassment depends on how the conduct was received, not on the intent. According to Robert A. Canino, Regional Attorney of the Dallas District Office of the EEOC, "An employer should never assume that it can hide behind a 'horseplay' defense. To do so is to trivial- ize what can be offensive and degrading conduct toward employees who don't find it amusing. There is no free pass for employers who fail to pre- vent or correct such offenses on the stereotypical premise that 'boys will be boys.'" Here's another reality: employees who may actively participate in the "horseplay" or staff members who seem to have no problem with busi- ness-as-usual can become a dealership's worst nightmare sometime in the futureespe- cially if their employment is terminated. There are many savvy attorneys who are ready, willing and able to assist disgruntled employees with harassment and/or discrimination claims. Perhaps many of these claims are frivolous. But whether an accusation has merit or not, the dealer typically loses. What owner wants the public to be exposed to media stories accusing their dealership of employing harassers or racists? So what's the answer? Most dealerships have an anti-ha- rassment policy that all employees must sign, and that's a great first step, but the questions remain: Have the employees actually read the policy and do they really un- derstand it? Are they really aware of the procedures set forth in the policy to protect them from harassment? Are supervisors consistently enforcing these policies? Having a policy in place and hanging posters is simply not enough protection for a deal- ership these days. Training dealership personnel in harassment prevention and holding them accountable for proper behavior is no longer an option. Employees who receive harassment training are more likely to understand there are boundaries that must be observed in the workplace and, more importantly, realize there can be serious personal consequences for harassment. If a comprehensive harass- ment prevention program hasn't been a priority in your dealership, I suggest it's time to get serious. 47