Author: Laurie Grenya

Client: Some of my employees are coming to me with questions about which bathroom an employee who is undergoing a gender transition should use. I want to make sure I respond respectfully and inclusively, without making things more tense. How do I handle this?

Consultant: This is a common concern, and it’s important to handle it with clarity, respect, and a focus on your organization’s values and policies. The goal is to support the transitioning employee while setting a respectful tone for the entire workplace.

Client: Right, but employees are asking me to make a ‘special rule’ or provide separate facilities. What do I say?

Consultant: Keep it policy-based and tied to legal and inclusion standards—not personal opinions. You could say:
“Our policy, in alignment with applicable laws and our commitment to inclusivity, is that employees may use the restroom that corresponds with their gender identity. We expect all staff to respect this and maintain a professional environment.”

This keeps the focus on compliance and respect, rather than individual preferences.

Client: What if someone says they’re uncomfortable?

Consultant: Discomfort isn’t the same as a legitimate workplace need. That said, you can address concerns without infringing on anyone’s rights. You might say:
“If you’re uncomfortable, you’re welcome to use any available single-user restroom or take breaks at different times. What we can’t do is single someone out or limit their access to facilities based on gender identity.”

This offers options without placing the burden on the transitioning employee.

Client: What if employees start gossiping or making comments?

Consultant: That’s a conduct issue, not a restroom policy problem. Address it the same way you would any disrespectful or unprofessional behavior:
“Comments or gossip about a coworker’s personal characteristics are not appropriate in the workplace. We maintain an environment of respect for everyone.”

Client: “What about signage or changes to the facilities?”

Consultant: If you have single-user restrooms, labeling them as “All-Gender” can signal inclusivity. Even without physical changes, communicate clearly:
“Our facilities are available for all employees, and we will continue to ensure privacy and respect for everyone.”

Client: So, the key is to follow policy, set expectations, and address behavior—not the person?

Consultant: Exactly. Treat it as a workplace respect and compliance matter, not a debate. The more confidently and consistently you handle it, the quicker your team will adapt.

And remember, if you need help updating policies or training staff on respectful workplace practices, we’re here to support you.

Client: I just found out an employee worked overtime last week, but I didn’t know about it until after payroll was already processed. What do I do?

Consultant: First things first—you have to pay them for the overtime. Even if it wasn’t authorized, once the work is done, wage and hour laws require you to compensate them for it. The real focus now is on addressing the process and preventing it from happening again.

Client: So, I have to pay them even though they didn’t get approval?

Consultant: Yes. You can’t withhold pay for time actually worked. That said, you can treat the unauthorized overtime as a performance issue and address it through coaching or corrective action.

You might say:

“I understand you worked extra hours, and I want to remind you that all overtime must be approved in advance. Going forward, please get approval before working extra so we can plan and manage costs.”

This keeps it clear and professional.

Client: What if they say they had to do it to get their work done?

Consultant: That’s when you dig into the why. Was the workload unreasonable? Was there a last-minute request? Or is this a pattern?

You could respond with:

“If your workload requires overtime to complete, I need you to let me know before staying late so we can prioritize or redistribute tasks. We’ll work together to make sure deadlines are met without unapproved overtime.”

This helps solve the root cause while reinforcing the process.

Client: What if this keeps happening?

Consultant: If it’s a one-off, a reminder may be enough. If it’s recurring, it’s time to escalate.

You might say:

“We’ve discussed overtime approvals before, and I’m still seeing unapproved hours. This needs to change, or we’ll need to take further action.”

Document each conversation so you have a record of the issue.

Client: Should I update my policy to cover this?

Consultant: Absolutely. Your policy should clearly state:

✔ Overtime must be approved in advance

✔ Unauthorized overtime will be paid, but may result in corrective action

✔ Employees must communicate workload concerns before working extra hours

That way, there’s no confusion about expectations.

Client: So, the key is pay now, address the behavior, and fix the process?

Consultant: Exactly. Paying for all hours worked keeps you compliant, and addressing the behavior ensures you’re not in this situation every payroll cycle. Clear policies, open communication, and follow-up are your best tools here.

And if you’d like, we can help you review your overtime policy to make sure it’s both legally sound and operationally practical.

Client: I have an employee with physical work restrictions from their doctor, but they keep ignoring them because they ‘don’t want to burden the team.’ I appreciate their work ethic, yet I’m worried they’re going to hurt themselves—or make things worse. How do I address this?

Consultant: You’re right to be concerned. Even with good intentions, working beyond medical restrictions can lead to reinjury, liability for the organization, and disruptions for the whole team. The key is to prioritize safety, follow medical guidance, and help the employee see that respecting restrictions is part of being a good teammate.

Client: They say they feel fine and can handle it. Can I just let them keep working?

Consultant: No. Medical restrictions are there for a reason, and allowing them to be ignored puts everyone at risk.

You could say:
“I appreciate that you want to help your coworkers, and part of helping the team is making sure you stay healthy. We need to follow your doctor’s restrictions so you can recover fully and avoid further injury.”

This frames compliance as a team benefit—not a personal limitation.

Client: What if they think I’m just trying to make their job easier?

Consultant: Reinforce that this is about safety, not workload preference. Tie it back to policy and medical guidance.

You might say:
“Your doctor provided these guidelines so you can heal safely. My responsibility is to make sure we follow them. If we need to adjust tasks temporarily, that’s part of supporting both you and the team.”

Client: They’re worried others will think they’re not pulling their weight.

Consultant: That’s common. Help them understand that short-term modifications protect their long-term ability to contribute.

Try this:
“I understand you don’t want to let the team down. Following these restrictions is how you make sure you can keep contributing in the long run. We’ll communicate task changes so the team knows this is temporary and medically necessary.”

Client: What if I see them ignoring the restrictions?

Consultant: Address it immediately—privately and factually.

You might say:
“I noticed you were lifting [X pounds / doing [task]] that’s outside your current medical restrictions. We need to stick to the plan from your doctor to protect you from reinjury. Let’s talk about how to handle this task differently.”

This makes it clear that ignoring restrictions isn’t optional.

Client: What if they keep doing it?

Consultant: At that point, it becomes a compliance and performance issue. You may need to document the conversations and, if necessary, require a follow-up with their healthcare provider to review the restrictions.

You could say:
“We’ve discussed following your medical restrictions, and I’ve noticed repeated instances where they’re not being followed. This is a serious concern for your safety and the organization’s liability. We need to meet again to determine next steps, including whether your doctor should re-evaluate your work plan.”

Client: So, the key is to align with medical guidance, frame restrictions as a team benefit, and address non-compliance quickly?

Consultant: Exactly. Good intentions don’t override medical safety. Helping an employee understand that following restrictions is part of supporting the team—and protecting their own future—keeps everyone safe and productive.

And if you need help creating a modified duty plan or communicating restrictions to your team, we’re here to assist.

Client:
I’ve noticed that upper management isn’t following the same policies they expect from everyone else. Things like remote work, deadlines, even conduct during meetings—there’s a clear double standard. But I’m not in a position of power, and I don’t want to overstep or cause conflict. What can I do?

Consultant:
That’s a tricky but critical situation. When policies only apply to some people, it doesn’t just hurt morale—it damages credibility. Your goal is to raise the concern constructively, protect your professionalism, and invite accountability without making it personal.

Client:
How do I even bring this up without sounding accusatory or insubordinate?

Consultant:
Lead with values, not accusations. Focus on consistency, trust, and the employee experience—not blame.

Try this:
“I’ve noticed that there are some inconsistencies in how policies are applied, especially around [specific issue]. I’m concerned it may be sending mixed messages to staff. Can we talk about how to align messaging or clarify expectations so we’re all on the same page?”

Client:
What if I’m brushed off or told, ‘That’s not your concern’?

Consultant:
That’s a real possibility—especially if someone feels uncomfortable being held to their own standard. If that happens, remain calm and reinforce your intent.

Say:
“I understand I’m not here to manage leadership decisions. I’m raising this because it’s impacting how policies are viewed across the team. I want to support our culture and make sure I’m representing expectations accurately.”

Client:
What if I’m worried about retaliation or damaging relationships?

Consultant:
Then start with a private one-on-one with someone you trust—a peer in HR, a supervisor, or someone with influence who can carry the message up. You don’t have to go in alone or publicly.

You can say:
“I want to get your read on something. I’ve noticed some policy gaps at the leadership level, and I’m not sure the best way to raise it without it sounding critical. Can we talk through it?”

Client:
What if leadership hears it—but doesn’t change?

Consultant:
Then focus on what you can control: how policies are applied in your scope, how you model expectations, and how you communicate boundaries.

Say:
“Regardless of what happens elsewhere, I’m committed to clear and fair policy use on my team. If people have questions about broader alignment, I’ll refer them back up—but I’ll keep doing what I know is right.”

Client:
So, I can speak up without stepping on toes?

Consultant:
Exactly. You’re not challenging authority—you’re upholding equity. Lead with curiosity, stay grounded in values, and document concerns if they escalate.

Recap:

• Raise concerns by focusing on consistency, not criticism
• Use language that supports culture, not confrontation
• Find a trusted ally if you’re unsure about speaking up
• Reinforce what you can control, even if others don’t
• Integrity isn’t insubordination—it’s leadership from where you stand

And if you need help crafting a policy communication plan or navigating organizational politics—we’re here to support you.

Client:
We had someone start before their background check cleared—there was a delay, and we didn’t want to hold up onboarding. Now the results are in, and there are some serious concerns. What are our options? Can we still let them go?

Consultant:
It’s a tough position, but not an uncommon one. Many employers move fast to fill roles—and when the background check lags, it can backfire. The key now is to assess the risk, the role, and your policy before taking action. You’re not stuck—but you are on thinner ice if the process wasn’t followed.

Client:
I know we shouldn’t have let them start early. Does that mean we’re out of options?

Consultant:
Not necessarily. It depends on what the background check revealed, how relevant it is to the job, and whether you clearly communicated that the offer was contingent on passing the check.

Start by reviewing:
– What exactly came up?
– Is it directly related to the work they’ll be doing?
– Did your offer letter or policy state that continued employment was subject to background check results?

If yes—you still have a path forward.

Client:
What if the issue is serious—like a criminal record they didn’t disclose?

Consultant:
Then you may have just cause, especially if the offense relates to the nature of the work (e.g., theft in a financial role, violence in a public-facing role). Be careful though: some states have restrictions on using conviction records in employment decisions.

Say:
“We received the results of your background check, and there are findings that are inconsistent with the expectations for this role. We need to discuss next steps, and I want to give you an opportunity to provide any additional context.”

Always allow them a chance to respond before finalizing any decision.

Client:
What if the record isn’t directly related to the job?

Consultant:
Then you’re in more delicate territory. Consider:
– Is there a policy that outlines disqualifying offenses?
– Has the employee demonstrated performance or behavior concerns since starting?
– Could this be an opportunity for a second-chance employment conversation?

If the answer to all three is “no,” you might move forward with termination—but only after weighing risks and precedent.

Client:
Do we need to follow a specific process before letting them go?

Consultant:
Yes—especially if you’re using a third-party background check provider. The Fair Credit Reporting Act (FCRA) requires:
1. A pre-adverse action notice including a copy of the report and a summary of rights.
2. A reasonable wait period (typically 5 business days).
3. A final adverse action notice if you decide to terminate.

This gives the employee time to dispute or clarify any inaccuracies.

Client:
What do I tell the team if we let them go?

Consultant:
Keep it simple and professional—focus on role coverage, not the reason for departure.

You can say:
“There’s been a change in staffing, and we’re adjusting our assignments while we find the right fit. I’ll keep you updated on the next steps.”

Confidentiality is key.

Client:
So, we’re not stuck—but we need to slow down and follow the right process now?

Consultant:
Exactly. Act with care, consult legal if needed, and document every step. And moving forward—don’t start until all conditions are cleared.

Recap:
✔ Review the nature and relevance of the background check concern
✔ Confirm your contingent offer language and policy
✔ Follow FCRA if a third-party vendor was used
✔ Give the employee a chance to respond
✔ Document your process and communicate with care

And if you need help navigating the legal steps or tightening your pre-employment process—we’re here to support you.