Learn Your ‘Uber’ Lesson: An Ounce of Prevention May Well Be Worth a Really Heavy Pound of Cure By Lisa Lamm Bachman F ollowing a month-long, intensive investigation into allegations of sexual harassment, discrimina- tion and retaliation triggered by the blog post of an Uber Technologies, Inc. former employee, Susan Fowler, investiga- tors Eric Holder and Tammy Albarran of Covington & Burling LLP recently issued a detailed report to UBER’s board of direc- tors. e investigative report also included numerous specific recommendations for improving the workplace environment, revising the company’s policies and prac- tices, and ensuring the company’s commit- ment to creating and maintaining a diverse and inclusive workplace, all of which were unanimously adopted by UBER’s board of directors. In short, although UBER now has some serious work to do, other com- panies would benefit from considering whether to adopt all or a portion of the recommendations as well. e overarching themes imbedded within the recommen- dations focus on setting the tone at the top and establishing accountability throughout the organization. Aſter a careful analy- sis of the recommendations, it is unlikely that many companies will actually need to take such extreme measures as requir- ing the CEO to move aside or step down altogether. However, starting now, there are a number of objectives and goals that companies should evaluate in order to not only prevent an UBER-like upheaval, but also strengthen and improve the workplace environment. Consider making a small in- vestment of time and resources in the fol- lowing action items. What training programs are offered to employees and senior management and should the training programs be updated or offered more frequently? In order to cover all aspects of an organi- zation, it is recommended that specific sep- arate in-person mandatory training pro- grams should be offered to senior manage- ment or senior executive team members, human resources representatives, manag- ers and employees who regularly inter- view candidates. For senior management, such training could be part of a broader leadership program with an emphasis on effectively leading employees, setting and keeping organizational goals, and fostering inclusive leadership that prevents implicit bias. Training for human resources repre- sentatives should include proper handling of employee complaints, conducting and documenting thorough investigations of employee complaints, and how to identify whether an employee complaint or subse- quent discipline decision should include review by legal counsel. Since managers work closely with employees, the training program should be extensive for first-time managers and repeated on a regular basis thereaſter. It is recommended that manager training include a focus on diversity, inclu- sion and recognizing implicit bias. How- ever, just as important for management to be effective, training must include basic strategies for effective communication with employees, how to provide constructive feedback to employees, how to appropri- ately conduct employee performance re- views, how to address performance-related issues, and handle employee complaints. Managers would also benefit from train- ing that addresses basic human resources issues including discrimination, harass- ment and retaliation matters so that such issues are recognized and elevated to senior management or legal counsel as necessary. Finally, interview training should include how to conduct inclusive interviews and basic interview skills, including a standard- ized interview process, suggested questions for candidates and how to evaluate the can- didate aſterward. What is the status of the human resources department and is there a well-defined complaint process? It is recommended that company lead- ership should work to view the human resources department as more than just an employee recruitment department. A company’s human resources department should be fully equipped and supported in its efforts to protect and retain the com- pany’s employees. Such support includes ensuring that the human resources depart- ment is adequately staffed and funded, as 12 | www.C-LevelMagazine.com