Fact: Only a small percentage of ‘situations’ involving discrimination end up needing court or government intervention, and that is the way it should be.

As a matter of fact, you should realize that once items are forced into the ‘light’ of conversation, they are usually worked out, even if they are not totally agreed upon.  Employment grievances need to be dealt with correctly for an organization to maintain positive momentum.  How they are handled is evidence of the quality and commitment to fairness of an organization.

I am a believer that employment grievances must be ‘nipped in the bud’, or in other words, handled early and professionally.  If you are an employee who feels as if you are being discriminated against, you need to be prepared to detail your claims and concerns to your manager (See Black Sales Journal 3/3/2011 – When You Feel Screwed, What Do You Do?).  You should record in writing your concerns and your complaints for your own review.  Reducing concerns to writing is always a good practice.  You should not have to convince yourself that your claim is real as it should be evident.

The next important step is to seek counsel from a mentor or confidant for the sake of objectivity.  This gives you an opportunity to review with someone who is not emotional about the issue.  It is important for you to have that outside, objective view, as your objective is to make sure that you have a legitimate and substantiated complaint.  Your credibility is important, and this is just a first step.

Now the interesting part is that managers should do something similar with actions that they take.  Managers should consult colleagues as well as the human resources department regarding actions that may result in potential claims.  With the right amount of scrutiny, you end up with any decisions and actions that are markedly wrong being reviewed and cast correctly.  It is just that simple.  The exceptions to this are small firms without an HR department and those that have no systematic review.

The Equalizer

When discrimination happens, the federal government has put into place an ‘equalizer’ that can help to solve problems.  This process is not a lawsuit.  What they have put into place is an inexpensive way to challenge and be heard on issues involving racial discrimination.

The equalizers are the Equal Employment Opportunity (EEOC) laws.  These laws make it illegal for employers to discriminate against an employee or potential employee in certain workplaces.

The Equal Employment Opportunity Commission (EEOC) is a federal agency that was created by the Civil Rights Act of 1964.  This agency that is charged with the responsibility to “promote equal opportunity in employment through administrative and judicial enforcement of the civil rights laws and through education and technical assistance.”

There can be variance in some state laws, but federal laws prohibit discrimination in employment for the following:

• Race
• Age
• Disability
• Sex or Gender
• Sexual Harassment
• Religion
• National Origin

That means using it after all other options have been exhausted including discussions with your manager and certainly with your human resources department.  There are many that are concerned about making those contacts, yet for something as important as your employment future, you need to be looking the people that affect you face-to-face.  There is no benefit to ‘guerilla’ ambushing your employer in this situation, you should have your discussions about the types of items described in Black Sales Journal 12/30/2010 – Preference, Perceptions, Prejudice and Your Employer.    Your manager needs to understand your concerns if you are aggrieved, and the first question that HR would have for you is, “Did you discuss this with your manager?”

Don’t be intimidated, have the discussion and once complete, reduce to writing in journal form the content of the discussion.  Do not rely on your memory.

For the Price Of A Stamp

Filing an EEOC claim is inexpensive in terms of cost, as it used to be the price of a stamp.  Note that if you are planning to file an EEOC complaint, you should use it wisely.  I would suggest to you need legal counsel and patience.  There can be monetary awards if they are warranted, but the process is not easy, and you should avoid any abuse at all costs.

If you have a claim, it should be evident to you and to those you discuss it with, including your counsel.  This is not the place to play out a vendetta or grudge, but if you are aggrieved, it is the way to go after you have the discussion noted above.

There are time lines with the typical deadline to file a complaint with the EEOC being 180 days from the act of discrimination.  If a state or local law applies to the same act, the deadline can be extended to up to 300 days.

The formal EEOC complaint can be filed at one of the field offices across the country (there are 53 field offices) or you can file by mail with a signed letter.

The EEOC does not accept claims on-line, but does have an online assessment tool that will help you determine whether you have a claim.

Use this information if you have good reason to, and remember that it is not what you know but what you can prove.  Have your ducks in line, or forego the process until you do have them in line.

Always be the professional.

Your comments are welcome.

Are you afraid to ask the most important question?  Do you realize that it changes the relationship by empowering the customer.  This re-visit of a most important post from April of 2011 seeks to get you comfortable asking the important question, “How can I serve you better?”  The most important piece is that when you ask the question, the customer recognizes that you care, and the strength of the bond is amplified.

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You are a sales professional who labors to give the best in service to your customers.  The best in service means being responsive, innovative, and creative when it comes to your customers business needs.

Your retention of customers is good, and your acquisition of new customers is solid as well.  So what is missing?

Most sales professionals do not ask their customers “how am I doing?” and “what can I do better?”

Why it is important?

This one might be simpler to explain than you might believe.  Sometimes we forget that asking questions does more than just generate a response.

Asking those questions:

• Shows a sincere desire to give the best service possible.
• Opens the feedback channel to allow someone who appreciates you to get what they may be missing in a relationship.  It promotes communication.
• Shows confidence in the relationship by allowing constructive criticism in the quest for continuous improvement.
• Opens a window to what aspects of service, responsiveness, and fulfillment are most important, and allows you to focus on these.
• Sets up that next conversation in 6 months or a year where you ask again and get the positive feedback that you are doing all that has been asked.

You may ask for feedback in your relationships and marriage, and you may ask for feedback from your employer (in the form of a performance review), yet most often we make the assumption that our relationships with customers, especially those with longevity, are solid and rewarding.  Sometimes you need to make certain.

Your customer will feel privileged that you are asking, and will sense your sincerity.  It will create a bond that will help you when your other sales advantages, such as price or product superiority, disappear.

How to do it?

This is very easy, yet will come with some degree of surprise to many customers.  Why?  Because so few sales professionals ever ask the question.

I would suggest that this be done during an in-person meeting, one-on-one with the buyer for the first meeting.

Here is a simple suggested format:

• Ask the customer what attributes of a sales professional are most important to his/her operation.  This could be responsiveness, communications, credibility, or many other strengths.
• After getting them on paper, ask him to help you rank them in descending order (the most important attributes get a 1, and least important gets the highest number).
• Now, have him help you rank your performance against those attributes.  Use a simple A-Excellent, B-Good, C-Average, D-Below Average, F- Failing.  Rank each one, and if there are areas that you have not done, they can be incomplete.

The last bullet above will be the “moment of truth” as it will tell you what the customer perceives.  No matter how well you believe you are doing, this is important!  It is actually the point of origin of your continuous improvement program, or confirmation that you are a solid sales professional who should look to maintain your efforts along with some incremental improvement.

This does not need to be any more difficult than this.  You are opening a window or door to communication that will make more concrete your relationship with your customer.

The Manager’s Role in Customer Feedback

Managers should always feel comfort having this type of discussion with the customers of their sales professionals.  It won’t have the depth of the comments above, yet is should be designed to get meaningful input regarding the customers sentiments about the performance of their sales professional.

When I say it will not have the depth, I mean that it is difficult for the manager to get the level of feedback that the sales professional could get.  The manager’s role is to get some feedback regarding whether the professional is doing a good job and “taking care of the customer,”

With major customers, it should be expected, and it should be done with a sampling of smaller customers.  The result of asking is the same as above…you get ‘points’ for asking.  The objective is to make sure that the customer is being given good service.

Here is an example of how this can be done:

“Mr. Johnson, I am Rick’s sales manager here at ABC Corp.  I wanted to introduce (or reintroduce) myself and ask how everything is going in your relationship with our company?”  “How is Rick doing in taking care of your companies needs?”  Note here that this question must be an open probe.  It should result in conversation and not a yes or a no.

The responses start the conversation, and this should be a fairly short conversation.

Where Do You Go From Here?

I would make the following suggestions as to how you go about this activity:

• I would start with customers who you already have open communications with.  It will allow you to hone your process.
• I would do it with every customer that you feel is important.
• Always follow-up and practice continuous improvement.  Correct the issues and you will have a customer for life.
• Do it once a year on average.
• No matter how uncomfortable, or how much you modify, do it!  Initially, it will get you a better rapport with your important customers.

Give it a try and see the difference it makes in your business relationship.

We appreciate you comments.