In 2022, The National Law Review projected an enterprise-wide increase in workplace investigations, internal complaints, and organizational assessments. The prediction proved true, but the question about what spurred the increase has remained largely unanswered.
Until now.
In a recent webinar, Axiom moderator, Ed Darmanin, spoke with Becky Critch (Director, Business Ethics and Compliance, Starbucks), Shelley Vail (Director, Employment, Analog Devices), and Shoshana Chazan (Senior Managing Counsel - Employment, Unity) about the root causes of these rising labor and employment (L&E) related reports. What Axiom discovered was not a "what" is causing the increase, but a more surprising "who:" Gen Z.
Born between 1995 and 2010, Gen Z employees are proving unafraid to voice concerns on workplace matters spanning issues from gender identity recognition to racial justice. As a result, it is Gen Z employees who are the common denominator as it relates to increased L&E reporting origination.
As companies welcome this new, diverse, and well-educated workforce, it raises a critical question for internal legal departments: How can enterprises embrace a new generation of employees with different perspectives on workplace culture while still effectively addressing the concurrent rise in investigations?
The New Workforce
The first piece of the puzzle is understanding what makes this generation’s approach to the workplace unique. Axiom’s client understood that it is imperative to acknowledge inherent generational differences to ascertain why those differences lead to a greater volume of reporting incidents and to, ultimately, identify how to better address complaints. Our research revealed two critical findings:
1. Amplified Advocates:
Because they are technology and social media natives, Gen Z has become a generation of “see something, say something” activists, utilizing technology and media to call out injustices, particularly as it relates to broader social, cultural, and environmental movements.2. Pandemic Patterns:
Perhaps it’s because they are so new to the workforce, or perhaps it’s because they were raised in pandemic culture – or more likely it’s a combination of both – but Gen Zers haven’t yet honed the skills to navigate workplace culture/politics in the same fashion as generations prior.
How do these unique traits impact reporting? Gen Z employees feel a higher responsibility to call out inappropriate behavior, they are educated on how to easily identify what is inappropriate and disrespectful to groups outside of their own communities, and they expect those injustices to be addressed in a timely manner. But because Gen Z also struggles to establish inter-generational work relationships, they often do not feel equipped to confront the bad behavior on their own.
As a result, they more frequently turn to official reporting channels where prior generations may have addressed issues in a less formal manner. Axiom’s discussion with these participants further uncovered that the Gen Z workforce sees workplace cultural issues through the same ethical and compliance lens as allegations of discrimination, harassment, or retaliation. As a result, they are reporting those issues through the same processes and with the same urgency.
How to Address L&E Investigations: Stopping “Counsel Culture”
The influx of reports can be overwhelming for an already under-resourced legal department. Taking a closer look at the steps these participants are exploring can help ease the resourcing burden of Gen Z’s “counsel culture,” while efficiently and effectively addressing this new class of L&E-related issues.
Categorize and Prioritize
While every report deserves a response, the webinar participants noted that not every report requires the same level of investigation. To determine the appropriate response, the participants shared how they streamlined complaints through a triage-like “Consult Process” system. Instead of immediately triggering a full-blown investigation, this process assessed each complaint against the following categories:
- Level of severity
- Level of pervasiveness
- Level of persistence
- Type of resources provided/could be delegated to local leader to address the concern directly
Once the reports were categorized, the participants’ teams addressed each appropriately.
Train to Prevent
Even after individual cases are addressed, Gen Z expects management to proactively prevent them from occurring again. How can companies aid in prevention? Training. The goal is to leverage training in order to prevent “gateway” behaviors from occurring and/or give employees opportunities to identify and acknowledge the times they have witnessed or engaged in those behaviors themselves. To that end, it’s critical to enhance workplace-related training across all locations where the company operates in areas related to organizational mission, values and culture; expected treatment of coworkers; and how to resolve employee-to-employee conflicts.
The participants share that these enhanced trainings should include examples for both managers and employees in the form “dos and don’ts”. The more specific the examples, the better:
- How to address coworkers who share inappropriate language from song lyrics and/or tv shows and films
- How to address pronoun misusage (intentional and unintentional)
- How to address personal space invasion
- And so much more
Based on their own experience, the webinar participants noted how important it is for companies to ensure training modules are engaging. As tech natives, Gen Z should have both live and online training (in both solo and group follow-up settings) with a variety of different formats: Q&A, video, audio, etc. Trainings should typically be no longer than twenty minutes to ensure that the information provided is retained in today’s world where short attention spans are prevalent.
Support Management with Additional Tools
Finally, the participants encouraged their peers to ensure management finishes their training feeling more capable and confident to address situations if/when they arise and prevent them from becoming persistent and/or severe. But preventative training can’t always address unanticipated scenarios or complaints. As a result, the organization must support management in addressing more nuanced issues with support tools including:
- A Virtual Coach – an online resource filled with information on how to address more common situations
- HR/Legal Office Hours - availability to ask questions and discuss nuanced topics regarding HR, ethics, and compliance
By offering these two programs, the participants believe management will feel supported in mediating smaller, less severe reports and in appropriately escalating bigger, more severe allegations.
Leverage Axiom's Large Projects Solution for L&E Investigations
As companies face the growing challenge of addressing Gen Z-driven L&E investigations, Axiom's large projects solution offers a comprehensive and flexible approach to manage these complex issues effectively. Here's how clients can utilize this solution to streamline their L&E investigation processes:
1. Flexibility and Transparency
Axiom's solution allows companies to quickly scale their legal resources up or down based on the volume of investigations. This flexibility ensures that clients can effectively manage sudden spikes in reporting without overcommitting resources during slower periods. The transparent pricing model allows for better budget management and cost predictability.
2. In-House Business Savvy
Axiom's teams are led by experienced attorneys who have handled large projects in-house. Using these skill sets ensures that investigations are conducted with a deep understanding of corporate culture and business objectives, aligning the investigation process with the company's overall goals and values.
3. Tailored Solution Design
Axiom partners with clients from the outset to design a comprehensive solution that fits their specific needs. This collaborative approach ensures proper scoping of the project, leading to more successful outcomes and efficient use of resources.
4. Legal Oversight and Supervision
Axiom's solution provides not just support but also legal advice and ownership of projects with defined deliverables. This level of oversight ensures that investigations are conducted thoroughly and in compliance with all relevant laws and regulations.
5. Reporting and Management
Weekly reporting keeps clients informed about the progress and performance of ongoing investigations. This regular communication allows for timely adjustments to the process and ensures that company leadership remains fully informed throughout the investigation lifecycle.
6. Technology-Enabled
When applicable, Axiom leverages technology for reporting, work management, tracking, and quality assurance. This tech-forward approach aligns well with Gen Z's expectations for modern, efficient processes and can help streamline the investigation workflow.
By utilizing Axiom's large projects solution, companies can effectively address the increasing volume of L&E investigations while maintaining the quality and consistency of their processes. This approach not only helps manage the immediate challenges posed by Gen Z's "counsel culture" but also positions companies to build a more responsive and inclusive workplace environment for the future.
To learn more about how Axiom's large projects solution can help your company navigate the new L&E landscape and effectively manage investigations, contact us today. Our team of experienced professionals is ready to design a tailored solution that meets your specific needs and helps you build a stronger, more resilient workplace culture.
💡 Better navigate the new L&E landscape and manage investigations with ease.
