When Misconduct Goes Unchecked - American Society of Employers - Heather Nezich

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When Misconduct Goes Unchecked

Recent research from TalentLMS surveyed 1,000 U.S. employees reveals deep gaps between how protected employees feel and how organizations actually respond to misconduct, highlighting widespread fear, silence, and unequal accountability in today's workplaces.

Based on a survey of 1,000 U.S. employees, 71% say they feel protected at work. However, their experiences suggest otherwise. The data shows that workplace misconduct is common across organizations:

  • More than one-third (36%) have witnessed incivility or disrespect, and 33% have experienced it firsthand
  • Nearly one-third have witnessed (29%) or experienced (24%) professional or social exclusion
  • A quarter witnessed retaliation for speaking up (25%), while 21% experienced it themselves

This isn't just a cultural issue; it's a business imperative. The research shows that 77% of employees would consider leaving their job if they didn't feel protected. In today's competitive talent market, organizations that fail to address workplace misconduct risk losing their best people.

When Accountability Breaks Down

Perhaps the most concerning finding centers on unequal accountability. The data suggests that organizational responses to misconduct often depend on who commits it rather than what was done:

  • Nearly two-thirds (62%) of employees believe misconduct is more likely to be overlooked when the person involved is a top performer or leader
  • 45% have witnessed people being promoted even after mistreating others
  • Nearly half (47%) say managers actively discourage employees from escalating harassment or discrimination complaints

Despite its prevalence, workplace misconduct often goes unreported, with 25% of employees saying they didn't report incidents they witnessed or experienced. Employees cite believing reporting wouldn't make a difference (56%) and fear of retaliation (36%) as the main reasons for staying silent.

The Silence Problem

One in four employees who witnessed or experienced misconduct chose not to report it. Their reasons reveal deep-seated skepticism about whether speaking up will make any difference:

  • 56% believed reporting wouldn't lead to change
  • 36% feared retaliation

When employees lose faith in reporting systems, organizations lose visibility into problems that may be undermining their culture and exposing them to legal risk.

Where Training Fits In

The research offers some hope: 60% of employees say compliance training has improved workplace behavior. However, training's effectiveness is limited by several factors:

  • 45% find compliance training disconnected from real situations they face at work
  • One in five employees received no compliance training in the past year

The research suggests that 36% of employees believe better compliance training focused on realistic scenarios and practical skills would reduce workplace misconduct.

The pullback from DEI initiatives at many organizations appears to be having consequences. Nearly one-third (31%) of employees report feeling less protected as their companies have scaled back these programs, suggesting that diversity, equity, and inclusion efforts play a meaningful role in how safe employees feel.

"Training influences how employees respond to situations they face at work," notes Theoni Velkou, Compliance Manager at Epignosis, TalentLMS's parent company. "When compliance training reflects real workplace scenarios, it helps people recognize misconduct, understand what steps they can take, and feel more comfortable speaking up."

What HR Can Do

The research points to several action areas for HR leaders:

  • Audit accountability systems. If employees perceive that consequences depend on someone's status rather than their actions, trust will remain low. Review recent misconduct cases to identify patterns of unequal treatment.
  • Strengthen reporting mechanisms. When more than half of employees believe reporting won't make a difference, the reporting system needs attention. Consider anonymous reporting options, clearer processes, and transparent follow-up.
  • Revamp training content. Generic compliance training that doesn't reflect employees' actual experiences won't move the needle. Invest in scenario-based training that addresses real situations employees encounter.
  • Close training gaps. With one in five employees receiving no compliance training in the past year, basic access remains an issue. Ensure all employees receive regular, relevant training.
  • Measure what matters. Don't rely solely on self-reported feelings of protection. Track actual incidents, reporting rates, investigation outcomes, and consequences to get a complete picture.

The findings highlight the importance of meaningful compliance training, strong reporting processes, and a culture that consistently holds everyone accountable. For more detailed findings, visit the full report at https://www.talentlms.com/research/workplace-misconduct-report.

ASE Connect

ASE offers several option for compliance training including our Harassment Prevention training and several on-demand courses through our partner, Traliant.

 

Source: TalentLMS

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