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What should bosses know about staff?

Date

Work in Progress

James Adonis is one of Australia's best-known people-management thinkers

View more entries from Work in Progress

Do employers have a right to know if staff are drug takers, adulterers or gangsters?

Image reportedly of Lord Sewel in a bra and leather jacket published by British media outlet The Sun.

Image reportedly of Lord Sewel in a bra and leather jacket published by British media outlet The Sun. Photo: The Sun

I'm almost certainly in the minority, but I felt a little sorry for Lord Sewel last week. He was the British parliamentarian allegedly caught on camera taking drugs, cavorting with prostitutes, and wearing an orange bra and female jacket. He subsequently resigned from his prestigious political post.

That he was forced to do so seems somewhat unfair. Sure, there was the illegal act of drug consumption (which even 100,000 law enforcement professionals declare should actually be legal). That aside, even if illicit substances weren't involved, it's fair to assume the lewd pictures of Lord Sewel would have been made public regardless, thereby destroying his illustrious career.

I couldn't care less if an employee wears an orange bra and a female jacket in a hotel room.  

It raises an important question that extends beyond politics and into the workplace: to what extent should an individual's personal life remain private? Put another way, what right does an employer have to know what employees do in their spare time and to then judge them harshly for it?

There seem to be two sides to this argument. The pro-employee position suggests only one thing matters and that is how people perform on the job. Whether they see sex workers or cross-dress or take party drugs or worship Satan should be irrelevant. Performance appraisals, in other words, are about what happens within the confines of the workplace rather than outside of it.

The alternative argument is the pro-employer one. This suggests that what people get up to in their own time is a reflection of the person they are – and the person they are influences their ethics, values, reputation and other factors that may affect their work. This explains why religious institutions are still allowed to discriminate against employees they suspect may be gay or divorced.

Which leads me to an incident I experienced late last year. I'd had several meetings with a potential client, the culmination of which resulted in a decision to proceed with a series of engagements. All that was left was payment of the invoice. Except, at the end of the third meeting, the executive asked if I had a wife or a girlfriend. "No, a boyfriend," I replied in a friendly and relaxed manner.

Suddenly, emails and phone calls went unreturned. And when I arrived for another planning session, which had been scheduled in advance, the executive didn't turn up. Almost nine months later, I'm yet to hear from him. Of course, his non-responsiveness may be totally unrelated to the earlier conversation, but still … It's a curious coincidence.

So let's look at what the research has to say. Two years ago, a quartet of professors led by the University of Washington identified, for the first time, two types of negative behaviours employees engage in outside of work. Published in the Organizational Psychology Review, an academic journal, these behaviours are perceived to have a deleterious effect on an organisation's image.

The first is referred to as 'destructive' behaviour. One of the most prominent examples can be seen in the employee who posts critical comments about their employer on social media. Another is when a member of a high-profile institution, such as a footy player whose conduct is constantly on display, decides to urinate here and there, thereby pissing all over the club's reputation.

The second is referred to as 'compromising'. Unlike the aforementioned destructive behaviour, which is associated with one's job, compromising behaviour is not. It has nothing to do with an employee's work. It includes stuff like extramarital affairs, drug use, smoking, pornographic modelling, moonlighting, salacious predilections and hanging out with known criminals.

Some of it might be morally questionable or downright disgusting. But its impact on the employer has less to do with any tangible impact and more to do with the ever-creeping invasion of work into life. It's a blurring of the lines that demands employees be model citizens 24/7, which may be neither realistic nor fair.

I couldn't care less if an employee wears an orange bra and a female jacket in a hotel room. Heck, I wouldn't even care if he wore them at work. What matters most of all, surely, is his performance on the job.

What do you think? Should personal lives remain private?

Follow James Adonis on Twitter: @jamesadonis

18 comments so far

  • The issue with compromising behavior, from an employer's perspective, is the blurred line between what you do in your own time and how you do your job. I don't care if you use illegal drugs, but I do care if you're stoned at work (or drunk) because it's a safety risk. I don't care if you smoke, but I don't want customers to smell it on you and you shouldn't expect more breaks than other staff. I don't care who you hang out with in your own time, but I do care if your bikie mates know how much cash leaves the shop each evening or if they visit you at work and carry on like knobs in front of customers. Bottom line - I care about my bottom line and any employee needs to earn me more money than he costs me or he's literally not worth having around. Race, sexuality etc. I can't see having an effect therefore I couldn't care less.

    Commenter
    CaseThree
    Date and time
    Thu Aug 06 20:29:22 UTC 2015
    • As a boss, employer, employee, this is a very tricky subject indeed. As an employer, it must always be viewed from the perspective if the conduct may impinge on the employee's work and/or reputation of the company - and in a lots of cases, this is subjective. So, when you say "Heck, I wouldn't care if he wore them at work" ..... but maybe the other employees and more importantly visiting customers may have a different opinion.
      In short, this whole subject needs to be viewed very carefully and objectively and each case is different.

      Commenter
      NLogicMS
      Location
      Sydney
      Date and time
      Thu Aug 06 21:22:14 UTC 2015
      • It's called standards sunshine - sheesh

        Commenter
        gaz
        Location
        Yarrawonga
        Date and time
        Thu Aug 06 21:30:25 UTC 2015
        • Who's standards Gaz? Yours? What's to say your 'standards' are any higher than someone who chooses to cross dress in their own time?

          Commenter
          Dan
          Location
          Sydney
          Date and time
          Fri Aug 07 04:17:29 UTC 2015
      • "Some of it might be morally questionable or downright disgusting. But its impact on the employer has less to do with any tangible impact and more to do with the ever-creeping invasion of work into life. It's a blurring of the lines that demands employees be model citizens 24/7, which may be neither realistic nor fair."

        So you'd be perfectly happy to employ a wife-basher or paedophile because what that person does in his or her own time is perfectly fine as long as it does not impact your workplace?

        Commenter
        Sydney Boy
        Location
        Sydney
        Date and time
        Thu Aug 06 21:39:22 UTC 2015
        • Brilliant article again James, have experienced similar issues working both in Australia and whilst in Asia, surprisingly it was the Aussies I was doing business with or networking with that made me feel second rate and on several occasions went out of their way to humiliate me. On the issue of what a person does outside of work it's none of an employers business, I care if my employees are effected by drugs or alcohol when they come to work and have policies in place to address it along with what they post on social media but if they can separate their social and work lives, they simply need to do their jobs well and that is what matters.

          Commenter
          Mark
          Location
          Canberra
          Date and time
          Thu Aug 06 22:25:22 UTC 2015
          • I agree with most of the points in the article but I would be particularly concerned about Drug Use from a safety perspective.

            The use of drugs in an environment that requires the operation of equipment that may be dangerous to themselves and others should exclude any right to privacy etc.

            Commenter
            Dean
            Location
            Sydney
            Date and time
            Thu Aug 06 23:05:54 UTC 2015
            • Yes, as long as you include prescription and over-the-counter medication in this as well.If you're operating machinery your state of consciousness is highly relevant. If you're sitting at a desk and can get your work done, not so much.

              Commenter
              LS
              Date and time
              Fri Aug 07 00:53:58 UTC 2015
          • Of course out of work activities should be private if they have no impact on the business. If for example you have a "smoke" on the week-end, what's it to do with your employer if your work performance is acceptable, If it isn't acceptable, then this is an issue of its own that may or may not have anything to do with your private activities - but that would be dealt with in the review process.

            Commenter
            SteveW
            Location
            Melbourne
            Date and time
            Thu Aug 06 23:07:36 UTC 2015
            • What happens in Vegas, stays in Vegas. If employers need to know everything about their employees, including their sexual escapades and encounters, why don't we just axe the Privacy Act and let Big Brother into ALL our homes. Of course, if employees commit adultery, seek refuge in brothels or Ashley Madison or KFC, they do so at their own peril. If they commit crimes, their consequence is just to do the time (if they are caught). As long as they come in to work, treat their fellow workers respectfully, abide by the values of the company and satisfy customer expectations, it's all good. For all you know, Lord Sewel might be using his own money to pay for the hotel room and the prostitutes and the orange bra. That's fine with me. What's not fine would be that he paid for all these expenses using Taxpayers money. Now that's a serious misconduct to be frown upon. The media is all about hype and all about volume of readers ain't it. They will report the truth but only if it will draw in millions of readers....

              Commenter
              Roget Dat
              Date and time
              Thu Aug 06 23:11:46 UTC 2015

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