Recent stories and data reveal that the federal sector has been plagued by a series of ongoing organizational and reputational crises. From overwhelming reports of the Federal Deposit Insurance Company’s “toxic” workplace culture to the Government Accountability Office’s report that highlighted the prevalence of harassment in federal workplaces, it’s becoming increasingly apparent that more is needed to prevent the underlying behaviors that drive unwanted and potentially illegal acts and find out about and correct them before they cause great harm.

A recent report from the Equal Employment Opportunity Commission (EEOC) showed data validating its alternative dispute resolution (ADR) program in the federal sector is delivering great results. ADR, a binding arbitration for whenever agency employees file an EEO complaint, aims to resolve disputes and complaints before they reach the court room. The EEOC recently reported that, in FY2021, agencies who accepted and offered ADR measures during the formal EEO complaint stage resulted in about a third of ADR closures that led to resolutions, such as settlements or withdrawals of formal complaints.

A key finding of the report states that the authors felt it was particularly effective due to the timing of the interventions — the pre-complaint stage. By engaging the affected parties before a formal complaint is filed, there was still a chance of amicably resolving the issue and preserving the relationship. This avoided the escalation to a complaint, and the adversarial posture and deep resentments it would likely entail. As such, the ADR process enabled the parties to work together and pursue resolution without the pressure or lasting animosity of formal litigation.

As a preemptive approach to litigation, ADR demonstrates a simple and effective step that can be taken to minimize organizational risk while protecting employees who speak up about their experiences. Unfortunately, an agency’s culture can be prohibitive to staff feeling comfortable raising these concerns. In fact, the same cultural issues contributing to problematic behaviors may also impact the recipient’s willingness to report them.

While the mission at each agency may differ, they all require productive, respectful and civil workplaces in order to fulfill them. Being able to work together, collaboratively and civilly, is critical to achieving the agency’s goals. That requires behavioral standards that go beyond EEO compliance by fully reflecting the agency’s mission, vision and values. Fortunately, most organizations — whether private or public — have established values such as respect, accountability, inclusion and teamwork, which easily serve as a platform for creating guidelines for civil behaviors that include, but are not limited to, EEO compliance.

Establishing behavioral standards aligned with agency values includes not only defining boundaries and expectations, but also empowering staff with the tools to effectively speak up about issues as they arise, whether experienced directly or as bystanders. As for leaders, clear guidelines and responsibilities linked to their own performance should be established on receiving and responding to concerns. With a proactive approach, staff can handle concerns before they rise to the level of formal complaints or charges. Preempting such escalations is not only effective at mitigating risk exposure; it reinforces the organization’s commitment to a civil, respectful and welcoming culture.

A culture centered on civil behaviors is a proven catalyst that improves multiple dimensions at any organization, including collaboration and innovation, job satisfaction and productivity, as well as talent development and recruitment. Conversely, in an era where any and all of an organization’s missteps are reported online, evidence of a toxic or otherwise uncivil culture can be as detrimental to success as any charges the EEO might bring to bear.

The EEOC’s new data sheds light on how preemptive measures can effectively remedy complaints before they garner the power to inflict serious reputational crises. Amid a hostile year for workplace cultures everywhere, all organizations should be exploring how their culture is impacting performance, directly or otherwise. Aligning behaviors with your values, along with the requisite processes for voicing and addressing concerns early in the process, should be seen as a strategic priority that will proactively reduce risk while enabling your staff to focus on doing their best work, each and every day. This is not a one and done action — it should be prioritized as a continuous effort in the same manner as your approach to enhancing safety, productivity and other critical competencies.

Stephen Paskoff is president and CEO of Employment Learning Innovations.

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