The complaint
alleges that Paula, her brother, Bubba, and other senior employees exhibited
inappropriate workplace conduct, regarding race, sex, and gender. Among other things, the alleged conduct
included employment practices, comments and jokes that were discriminatory
based on religion, race, gender, and sex.
The allegations go on to state that Ms. Deen and other senior managers
were aware of complaints about Bubba specifically but failed to take
appropriate action to stop his conduct.
From her
recent appearance on the Today show and from her deposition,
it sounds like “big sister” Paula loves her brother and hasn’t accepted the fact
that he could have engaged in inappropriate conduct around employees. If the plaintiff’s allegations are true, Paula
as CEO and part owner in Bubba’s restaurant, knew about and failed to address
Bubba’s behavior as an employee. Whatever
did or did not happen, it sounds like a family issue impacted the business, now
seriously affecting Paula’s livelihood.
Ahh. The joy of a
family business.
Can your family peccadilloes
withstand workplace standards? Some
behaviors that are tolerated at home may be unlawful in the workplace. Just because it’s your company doesn’t
give you and your family members freedom to do whatever they want. As with any other business, your family
business is held to the same workplace laws as other businesses. So, it’s important to be clear with your
employee-relatives (and yourself) about what’s expected when they step into
their work roles.
If your family dynamics include sexual innuendo and jokes
about religion, race, sex or gender, and you carry on this way at work, watch
out. Non-family employees might not
share an appreciation of this sense of humor, and state and federal law will
back them up.
Are you willing to
address the workplace conduct of family members? Working with family is often a delicate
balance that lends itself to avoiding conflict.
How difficult will it be for you as “little sister” to address an issue
with a parent or sibling who exhibits inappropriate conduct around employees?
And you might get grief from other family members (inside and outside the
company) for addressing an issue with a family member. Are you and your family members prepared for
that? When all is said and done, the CEO
and other senior leaders must ensure that touchy issues are addressed, whether
it involves family or not.
Drafting a family
employment code of conduct could serve as a road map. To clarify family-employee expectations, you
could draft a family code of conduct, which could include standards for
performance, behavior, promotions, and accountability for family members
working in the business. Use the
standards you would apply to non-family employees as a minimum and have higher
expectations for family members. Include language for the process for handling
family member conduct violations and poor performance. Finally, you can include a conflict resolution
process and appeal procedures. The type
of appeals process chosen is not as important as the fact that you have one.
As with any
investigation, take all complaints seriously – especially those again family
members -- and follow up with prompt remedial action as necessary. It’s hard to take seriously some of the issues
employees bring to you, especially if issues are brought to you by those who
have a reputation for being “whiners” or “complainers”. Nonetheless, it’s wise to listen, interview
witnesses, and address any wrong-doing through disciplinary action or training.
While we don’t know exactly what happened in Paula Deen’s
situation, it’s possible that she wouldn’t be in her current circumstances if
she had been better able to separate her feelings as family member from her
responsibilities as a business owner.
