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Human Resources Investigations some issues, meaning that managers “knew or should have
& Training known” about activities or actions that were happening. For
It is curious why, in several of the high-profile cases mentioned example, in hostile work environment claims, if an employer
earlier, the initial responses to the reports of inappropriate knew or should have known that individuals were sexually
conduct to human resources or executive management were harassing employees and the employer failed to remedy or
ineffective. In many instances, top level talent was protected reasonably act on his/her knowledge of complaints, the resort
and settlements were reached, silencing the victims. In most could be held personally liable for the negligence.
cases, it was only after more recent allegations that the perpe- The training of supervisors and team members is not just
trators’ history of unwanted behavior was publicly revealed. another box to check off. Poor quality and undocumented
Ski resort HR leaders must have the background, expe- compliance training can create fodder for plaintiff’s attor-
rience, and empowerment to lead these investigations and to neys. It is critical to have an experienced trainer who can
influence, champion, and enforce resort policies that mitigate provide legally accurate and up-to-date analysis as well as
what can become significant threats to the organization. practical and realistic programming; lively, interactive presen-
Employers who train employees on harassment awareness tations; and adult learning techniques in a variety of formats.
and prevention and have open door policies that encourage Managers and team members are more likely to question
reporting of harassment create safe harbor protection only the “agenda” of in-house trainers rather than an experienced
when they take prompt objective action in response to com- external consultant, no matter how neutral or objective they
plaints and take remedial action. may strive to be. One thing is clear: educational research
Although HR should have a finger on the pulse of the indicates that adult learners learn better with a live teacher—
organization that operations management does not, manage- especially one they can respect.
ment may not always recognize the need for straightforward
compliance and to treat regulatory related counsel as urgent, Ski Industry Cultural Cautions
unambiguous, and distinct. Compliance is not situational, What can ski industry leadership do to ensure that we are
and HR needs to launch appropriate investigations in a maintaining workplaces free from sexual harassment, miscon-
timely manner to get to the truth. If senior leadership ignores duct, and another gray area, bullying? We can start by asking
or debates the merits of HR recommendations, they have ourselves if some cultural behaviors have become normalized.
essentially condoned the conduct. Consider cultures that have “good old boy” undertones,
From an employee relations standpoint—and because i.e., an informal network of friendships and connections
of HR’s role as the keeper of consistent practices—managers through which men use their positions of influence to
should always notify HR about any questionable or concern- hire and mentor other men, sometimes unaware that they
ing employee conduct, whether onsite or offsite. That way, are reinforcing a “pink ceiling.” Stemming from the early
HR can fully apprise every department head of the compa- beginnings of the “upward transportation business,” resort
ny’s procedures for reporting, responding to, and minimizing demographics still skew male (even though very recently,
any and all instances of sexual harassment. the ski industry has seen a slight but promising increase in
Managers also need to be well aware of previous as well women being promoted to leadership roles). Although day
as current sexual harassment reports in their department so and destination resorts have several ancillary businesses and
they can be more in tune with how they can discourage and profit centers that require administrative and functional
help prevent such behavior. Ski area management, like any infrastructure support, men still dominate leadership roles,
other business’s management, has “strict liability” regarding mirroring the rest of society.

Ski resort HR leaders must have the background, experience,

and empowerment to lead these investigations, and to

influence, champion, and enforce resort policies that

mitigate threats to the organization.

42 | NSAA JOURNAL | SPRING 2018