In Part I of this series, we explored the essential steps to build an effective compliance training program. From tailoring training to specific job roles to using interactive methods, we covered actionable strategies to make compliance training meaningful and relevant. We discussed how engaging employees and prioritizing training within work hours can instill a culture of accountability, enhancing understanding and commitment to workplace regulations.

In the second part, we will dive deeper into advanced techniques that take compliance training beyond the basics. Successful compliance programs do not stop at training delivery. They use specific metrics and tracking methods to evaluate effectiveness continuously. By monitoring key areas, such as diversity, pay equity, turnover, attendance, and engagement, organizations gain insight into the impact of compliance efforts and uncover areas for improvement.
 

These metrics help ensure a compliant, equitable workplace while promoting a culture of accountability and transparency. Let us examine the metrics and techniques that can transform compliance into a measurable success.

Compliance Trouble Metrics and How to Address Them

Here are some key compliance trouble metrics and what to do with them:

1. Diversity
You probably have to report this on your EEO-1 anyway, so do a diversity audit to see whether and where you have diversity — and where you do not. Benchmark it against your industry and geographic area, keeping in mind that the benchmarks may not accurately reflect the population of qualified workers.

But if the benchmark data is dramatically different from the diversity of your employees, there is room for improvement in how you approach hiring and promotions. There is also room for adverse impact claims.

2. Pay Equity
Pay gaps based on gender and race are extremely common. (I even wrote a book about pay equity with my friend, Kent Plunkett, who is an expert in the framework and logistics of pay equity audits.) The results of your pay equity audit will tell you about the places where you may have EEO compliance issues.

And the great news is that, unlike many places where unconscious bias shows up, pay gaps are easy to fix. It is money and math. Throw money at your people, not your lawyers.

3. Turnover/Retention
When voluntary turnover goes up and retention goes down, it is always troublesome and, usually, also expensive. There are lots of reasons that may have nothing to do with compliance, but whatever the reasons, claims of discrimination and unfair treatment go up when things are in flux. Turnover and retention issues can also indicate compensation issues, a culture change, and difficult leaders, which are also often the beginnings of legal issues.

4. Absence Rates
Attendance is another place where people show you what is happening without ever saying a word. When attendance in a particular division or department is down, and it is not just the latest bug going around, you probably have a difficult manager or serious culture and behavior issues. This often manifests in discriminatory harassment. Look at your absence rates by department, especially sick leave. It may not be the flu.

5. Engagement
Beyond the results of your surveys, look at the response rate of any survey you send out that involves job satisfaction or happiness. If the response rate is declining or approaching dismal, there is probably something people want you to know but do not want to say.

This can be because the survey does not ask or because they just do not want to tell you. Do you really want to track responses to the same questions over time so you have "good" data? Or do you want to know what is going on? If it is the second thing, come up with some new questions and maybe ask an open-ended question like, "What else would you like us to know?"

6. Performance Changes
Performance changes show up in individuals first. Managers are the ones who have the best visibility into performance problems. But they tend to focus on the work that is not getting done rather than the reasons the people are not doing it. When performance issues come up, do not automatically blame the employee for having problems.

Look at whether there are other factors like discrimination or harassment. You may also find issues at home, like domestic violence or mental and physical health issues, which also raise compliance issues regarding protected leave.

These metrics will not tell you that you definitely have compliance issues. They will give you information about where you should dig deeper into the data. You may even want to go talk to people and hear some things you did not really want to know. But finding and addressing compliance issues before they go legal will save you time, money, and hassle in the long run.

You may even end up with a better place to work.

Author Bio

Heather Bussing is an Employment Attorney at Salary.com.

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