HR and the Law of Unintended Consequences

The actions we take, whether as individuals or institutions, often lead to consequences that we did not anticipate. This phenomenon, known as the Law of Unintended Consequences (LOUC), is a fundamental aspect of human decision-making and has significant implications for various fields, including economics and social science. Despite its importance, the LOUC is often ignored by those in decision-making roles.

The concept of the LOUC was first analyzed by sociologist Robert K. Merton in 1936. He identified five sources of unintended consequences that contribute to the divergence between intended and actual outcomes of actions:

  • Ignorance
  • Error
  • Imperious immediacy of interest
  • Basic values
  • Self-defeating predictions

The LOUC is ubiquitous because we, as humans, limited ability to foresee all the potential outcomes of our actions combined with our tendency to prioritize immediate benefits. Sometimes we just need to get shit done. We get in the groove and crank out a new policy or implement a change without doing the analysis about “what” might happen as a result when we, for example:

  • Institute unlimited PTO
  • Conduct an Employee Engagement Survey
  • Implement a Return to Office mandate

The consequences of our actions may vary and can range from beneficial to harmful – and these consequences may not always be immediately observable.

Like What?

Numerous examples illustrate the LOUC in various contexts:

  • An IT Department implements increased security measures requiring complex and “must change every 30 days” password protocol. An unintended consequence might be employees writing their passwords on post-it notes and sticking them to their monitors … thus defeating every attempt at strengthening security.
  • A government offers incentives that have the exact opposite intended effect. In India, back in the day (this really happened), in an attempt to control the cobra population, the government announced a “bounty” for captured/killed cobras. So, you guessed it; folks wanting to earn some money BRED cobras to earn more money and then, when they government shut down the program due to exploitation, all these NEW cobras were released by the breeders thus increasing the population beyond what had been the original count.

So yes, while some outcomes may bring unexpected benefits, others may exacerbate existing problems or even create new challenges. Perverse results occur when actions intended to improve a situation backfire … making it worse.

I once worked for an organization where, with a goal of decreasing expenses (admirable and understandable), the corporate powers-that-be issued directives (as they sat FAR removed in the corporate office). The demands to stop hiring full time employees and only hire part time employees, while also cutting OT labor, and reducing turnover led, as could be expected, to increased turnover within the first 30/60/90 days, higher operational and labor expenses, and additional unanticipated costs.

Second-Order Thinking

The failure to anticipate unintended consequences often stems from a lack of critical thinking and foresight. But a term (and mental model) I like much better is Second-Order thinking – referring to when one considers the long-term implications of decisions with an aim to mitigate risks and inform more effective planning and execution.

To adopt second-order thinking, individuals (and teams/organizations) should:

  • ask critical questions
  • consider the consequences over time, and
  • identify potential ripple effects.

Understanding the interconnectedness of various factors enables the capacity to make informed decisions and anticipate unintended outcomes. And in day-today HR, many initiatives require second-order thinking to anticipate and address unintended consequences effectively. Employee engagement surveys and listening “tours” may, for example, can yield valuable insights but may also inadvertently impact employee trust and behavior if not managed thoughtfully.

Here’s what I know … navigating the complexities of human decision-making requires a deep understanding of the Law of Unintended Consequences and a commitment to second-order thinking.  When you start by acknowledging there’s potential for unintended outcomes you can proactively address them and, ideally, avoid costly missteps.

Myth Busters: Rethinking Hiring in the Modern Workplace

myth busters

There are numerous notions we hold close – in our hearts and minds – about recruiting and hiring employees.


We often learn these things early in our career as a manager, HR professional or recruiter. In the professional equivalent of sitting around the campfire, we hear the scary stories and soak in “advice” from those who have come before us. But a significant portion of what we think is truth might, in fact, be a myth. An urban legend. Something made up to keep us all “in line” – just as this story was designed to scare us and prevent nefarious nighttime activities.  

Join me for this upcoming 30-minute Humareso #TalentTalk webinar when I’ll deconstruct a few of the traditional views and most cherished principles and share some hot takes on job advertisements, candidate “quality,” and how we make hiring decisions.

 Myth Busters – Rethinking Hiring in the Modern Workplace

Thursday, February 15th at 1 PM ET – 1:30 PM ET

You can register HERE.

Paper Trails and Power Plays: HR Technology

paper trails and power plays and HR Technology

Not that long ago  – I am talking within the last 5 years – I worked with a company that, to put it mildly, was reluctant to implement new work and HR technology. Monthly financial reports, delivered to department heads for review and approval, were 1-inch thick paper packets. Internal comms (memos and newsletters and directives) were posted on bulletin boards and left on tables in the employee breakrooms.

Manager self-service, while available in the HRIS of choice, was not enabled and many aspects of employee self-service (such as requests for PTO) was also “turned off.” Rather, when an employee wished to request a day off from work, they filled out a paper form and turned it into their manager for approval. The manager signed the form (eventually), made a copy, gave the copy to the employee, and then retained the original paper form in a dusty file drawer. There were situations where, for a long-tenured employee, managers retained copies of PTO request forms going back a dozen years.

Work schedules, for this primarily hourly work force, were created by supervisors on paper templates and posted on bulletin boards; if you happened to be working when the schedule was posted you could see it immediately. If, however, you were a part time employee who may not be working for the next 4 to 5 days, you had no way of viewing this schedule unless you either (a) made a special trip to come into the office, or (b) had a friendly co-worker who would take a picture and send you the schedule via text message.

But, as happens in workplaces ‘round the world, employees and a few intrepid managers created work arounds.

One department manager – let’s call him Joe – with an hourly staff of 60+ employees, created his schedules using scheduling software (that he set up himself – not company provided) and had his employees download the app for the program. As the company would neither pay nor reimburse for this, each employee absorbed the download cost. Obviously, as this sort of software is designed to do, it provided employees with the chance to (a) view their schedules (b) request shift swaps with co-workers (c) pick up extra shifts due to business volume (d) request time off (e) easily flex their time to meet the needs of the business.

It worked beautifully as one would imagine and, aside from the questions such as “why won’t the company reimburse me for this tool I need to do my job,” there were no complaints. Until the Big Boss – let’s call her Sally – got wind of it.

Rather than embracing this efficient use of technology the edict was issued that (paraphrasing here) “henceforth all schedules will be completed on the approved templates and posted to department bulletin boards. There is to be no use of scheduling apps that have not been approved or purchased by the company.”

Unbelievable. Or is it?

If adding HR technology – especially when it improves efficiency and ultimately operational performance – seems to be common sense…why do companies still say “no?”

The Struggle is Real

I headed over to Google this morning and inquired about “reasons to use HR technology” and pulled up over 550M results. Putting in the phrase “building a business case for HR technology” garnered 666M results. (eeks. 666)

I did not read them all. Nor, quite frankly, any of them.

What I’ve learned though, over time, is that when looking at implementing some sort of work technology (HR tech or something else), the high-level determination whether to even dive INTO any sort of consideration is about the Four P’s:

Price – Let’s be real; cost is top of mind with the addition of any sort of tool or technology. For SMB’s (and smaller HR teams), it’s often the first consideration when putting together any sort of business case. What’s the model? Is there a subscription? Will I have a month-to-month or annual contract? What are implementation costs and/or data migration costs? How do we compare and determine a PE/PM cost from our current system to something “new?” Does it make sense? How can I justify this PRICE?

Proximity – The need for accessibility and relatively close relationships is often top of mind. This quest for understanding proximity begins at the exploration and demo’ing stage when the potential user is trying to find peers or colleagues or “others they know” who are using the tool. And, of course, proximity (not necessarily ‘geographic’) becomes critical once that new user relationship has been established – “what is the SUPPORT like?” What about access to support or information for all end-users (not just the “system admins”)?

People – End users can make or break the successful roll-out, adoption and use of a new technology. Obviously the internal project implementation team is key to driving success through change management initiatives, proper communication plans, training and follow-up. And the thoughtful evaluation of the end-user experience should be front and center – and assessed by asking both “how is what we’re using now hindering our end-users <i.e. employees>?” and “how will this different tool HELP our end-users <i.e. employees>”?

Power – Finally, we can never underestimate the POWER dynamics at play in organizations and how they impact the ability to bring about change in the use of work tools and technology.  Naturally there are those invested with institutionalized power (“the C-Suite!”) while also those who, absent a fancy title or corner office, still have influential power. Those influencers, however, may possess POWER via their relationships or their expertise.

Joe vs. Mary

Joe, our plucky manager referenced above, was not a decision maker. Joe, however, saw a need for something more efficient and effective to successfully manage his team in this 24/7/365 work environment and, barring any relief from TPTB, found his own solution.

Mary, the Big Boss, was hell-bent on staying in the driver seat on her title-delineated POWER trip. She considered neither price (minimal), proximity (easy accessibility to the solution), or people (the frustrated staff and managers). She focused on power – and power only; this was not HER idea, she had nay-sayed previous attempts to implement updated technology…so therefore, this go-round, she responded with a firm and emphatic “no.”

‘Twas a pity.

Oh. Pity. There’s our  5th “p.”

******

Tedious Twins: Jury Duty and New Employee Orientation

tedious

I had jury duty last week. Or, to put it more accurately, last week I answered a summons to serve on a jury and thus reported to the 19th Judicial District Court to fulfill my civic duty.

There were maybe 150 of us in total. Folks in business attire (suits, heels, LSU sweatshirts) and others who looked like they barely passed through a shower. Facial expressions and body language ranged from grim determination to exasperation. A fair number of people seemed eager and excited. And, naturally, this being Baton Rouge, quite a few seemed to be acquainted and/or related to each other based upon their delighted interactions.

The jury room was sparsely decorated; industrial carpet, uncomfortable chairs, and pictures of current and long-since deceased members of the judiciary adorning the walls. There was water (no coffee). We had been fore warned that bringing in food or coffee was prohibited – although a lady next to me had a bag of peanut M&Ms in her purse from which she surreptitiously grazed throughout our captivity.

We were given a packet of papers (with the rules for the day!) and treated to an intermittently long video (hosted by a local news anchor!) about the court processes. Then we sat. And sat some more. And waited. (Until – hurray – they ultimately released ALL of us!).

As I sat through this every-several years exercise (‘Merica!), it struck me that jury duty and new employee orientation (at many companies) are both unavoidable, often tedious, and yet somehow necessary evils in the adult world.

The Summoning

When it’s time for jury duty, you receive a notification you’ve been commanded to report on a specific date and time with no regard for other plans or obligations you may have. The offer letter for a new job, with lots of CYA legalese, also portends the start of a journey filled with policies and paperwork.   

The Weird Social Dynamics

Jury duty is a social experiment where you’re stuck with strangers trying to either remain invisible (“please please please don’t pick me”) or demonstrate your leadership capabilities (“I not only want to BE on a jury but also serve as foreperson!”). Those first few hours can make or break your reputation for the rest of the week!  The same goes for joining a new organization and spending the first day or two with co-workers; you’ve got to navigate a mix of personalities and indulge in awkward small talk, all while trying to figure out who’s the office gossiper.

The Aftermath

Surviving jury duty leaves you with a bizarre sense of achievement – you’ve done your civic duty, and now you need a nap. Surviving orientation means you’re now officially on payroll and equipped, apparently, to traverse your new corporate jungle. Chances are you also need a nap.

In a life filled with monotonous events, these two sit at the top of the ”All Time Tedious List.” But, if you’re starting a new job, (and no matter HOW the HR team tries to sexy-it-up) you will be forced to endure painfully dull training and the filling-out of numerous forms (paper or digital – doesn’t matter).

May I suggest you bring some snacks?

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Innovative HR: Contemplating “If” & Asking “Why Not?”

innovative HR

“The art of the possible” is a phrase often used to describe the practice of achieving the best possible outcome in a given situation – especially in the context of politics. It’s about creating achievable goals and being pragmatic rather than idealistic. Candidates (or elected representatives) who toss out this bon mot on the campaign trail desire to be thought of as intelligent (ha!), endowed with common sense (ha ha!), and agile enough to work within and amongst the existing government machinations.  

Boiled down to its essence, “the art of the possible” emphasizes the elements of practicality, feasibility, and realistic planning. It’s safe. It’s comforting. It’s designed to placate. Its’ the sort of thing that just SCREAMS to be turned into a concurrent session topic for a SHRM conference with titles like:

  • Sitting at the Table: Strategizing Practical Results
  • HR Difference Makers: Mastering Attainable Goals
  • Navigating Feasible Solutions to your HR Challenges

It’s also uninspiring and boring. B-O-R-I-N-G.

What’s wrong with dreaming BIG? Why can’t we yearn for idealized outcomes? Why is it bad to fantasize about impractical solutions and unconventional concepts?

Listen…there are about as many folks giving advice on how to brainstorm as there are folks who “recruited” for 6 months giving career advice on TikTok. But here’s what I’ve long believed about brainstorming when I need to solve a problem or devise solutions and plans:

Call out/write down the IDEAL state…no matter how unrealistic it sounds.

What’s wrong with that after all? Brainstorming is nothing more than creating. You’re not tattooing an idea onto a bodily appendage or cementing it in performance goals that determine your increase and bonus.

Then after this first step in this brainstorming exercise, once you’ve defined this WILD future (this utopia!) you envision, it’s time to capture every single possible way you can make it happen. You’re not thinking budget or resources or practicalities yet; your goal now is to capture even those items that seem impractical and unattainable. Because then, once you’ve developed this list, you can begin to explore those out-there “fixes” and consider the possibilities of scaling them down to be realistic and attainable.

The beauty here is you’re giving yourself the freedom to contemplate – if even for a few minutes – the most ludicrous, eccentric, and occasionally-downright-freaky solutions to tackle a problem and accomplish a goal.

We don’t often go this route in HR (oh heck; true for just about any corporate function) though. We rely on other organizations’ HR best practices (ugh) gathered via a Facebook group or we scope out what some professional organization deems to be cutting-edge (ha ha ha!) human resources/talent practices in the year 2023. We also – and this is deeply embedded in the psyche of most HR practitioners – often start with a “solution” before fully exploring and even understanding the problem. Thus, inevitably, we end up creating even more complex, byzantine processes that do little to alleviate the pain we (or our employees) are feeling. We add steps to steps. We put it into some shiny new technology we’ve purchased. And we call it “innovation.”

Nope.

Truly want to practice “Innovative HR?” it’s time to be BOLD and CREATIVE and ruminate on “if.”  It’s time to ask not only “why” but to also speculate “why not?” In fact, it’s far past time.

Then, in the wise words of En Vogue, “Free your mind, and the rest will follow.”

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