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Blog

Making Ethics & Compliance Training Memorable: Part 1 – What is the Problem?

There is not much I enjoy more than sitting down with one of the innovative thinkers in compliance, Carsten Tams, to find out what is on his mind regarding compliance. I recently had the opportunity to do so in making compliance training memorable. We explored this topic over this short five-part podcast series on the award-winning Innovation in Compliance on the award-winning Compliance Podcast Network.

Over the next five blog posts, I will also explore these topics in the blog format. I will introduce the problem and challenges and then provide you with four proven strategies for success in your compliance training. I deeply dive into why traditional E&C training often fails to engage employees and needs more impact on their behavior despite significant investments. This episode sets up the problem by exploring the historical context of E&C training, the difference between European values-focused and American rules-regulation approaches, and how these methods have evolved. In Part 1, I provide the lay of the land, explain when ethics training needs some fresh ideas, identify some of the challenges ethics training faces, and conclude with a summary of the solutions.

I think this topic still bedevils many compliance professionals: ethics and compliance training. 15 years ago, compliance training was written by lawyers for lawyers. There was a difference in the European approach, which focused more on values, as opposed to the American approach, which focused on rules and regulations. Hopefully, it has evolved past all of those, but there is still a problem with compliance training’s need to engage employees meaningfully.

Tams even further believes this issue of non-engagement by employees with compliance training is “the billion-dollar elephant in the room for ethics and compliance as a practice.” This problem is even made more critical as compliance training is one of the most important functions that ethics and compliance departments perform. “It is also important in terms of the size of the budget they spend on it. The training and compliance training industry is huge. It’s one of the biggest corporate learning sectors, if not the biggest. And yet here we are, and we have very little. After billions of dollars spent and millions of people going through compliance training, there’s very little evidence that it is working in terms of truly creating a better speak-up culture and truly affecting employee behaviors in any positive sense.”  Tams ended by noting that undoubtedly the thing such training does accomplish “is that we’re able to check that box and say, yes, we fulfilled our requirement to train people. However, I think it is lacking in terms of behavioral impact.”

There are some interesting data points on that. A study by Gallup in 2023 showed that three-quarters of compliance training showed little to no benefit. Another finding was that training only tended to benefit when the learner experienced it very positively. When the learner rated the training experience as excellent, the training positively impacted behaviors. This shows that training experience matters.

Compliance professionals must understand better what makes people engage in this type of training. Navex, in an article entitled Top 10 Reasons Why Compliance Training Fails,  asked why training programs often fail. The answer most frequently given was that training is uninspiring, unmemorable, and usually perceived as irrelevant to learners’ work.

There are four engagement killers in compliance training:

  1. Deficit-Focused Training: Compliance training tends to be delinquency-focused. The trainee is cast as someone about to commit a compliance mistake or misconduct.
  2. Passive Learning: Training is often passive and not experiential.
  3. Isolated Learning: Training is an isolated affair with little social interaction.
  4. Lack of Playfulness: Training is rigid and not playful.

One of the themes that will overlay all these podcasts is effectiveness. As far back as the original Evaluation of Corporate Compliance Programs in 2017, the Department of Justice (DOJ) said training should be adequate. How can we get companies to move off the check-the-box mentality so that they can enhance the user experience through some of the strategies I hope to explore throughout this series?

Four Strategies for Effective Training

  1. Strength-Based Training: Focus on employees’ strengths and capabilities. Training should engage people as effective partners in producing ethical outcomes and creating a more ethical organizational culture.
  2. Experiential Learning: Effective learning is experiential. It challenges people to bring their creative and problem-solving capabilities to the learning situations, think creatively, and address meaningful problems.
  3. Social Learning: Collaborative learning has unique benefits. Ethics training succeeds or fails between people. Effective ethics training should encourage communication and collaboration among employees.
  4. Playful Learning: Make ethics learning more playful. Engaging in play makes us much more deeply engaged and open to new information. Playful learning helps retain information and transfer learned information or skills to different scenarios.

In this blog post series, I will detail the several barriers to effective training, including training being seen as a checkbox exercise, the deficit-focused nature, passive learning methods, isolation, and a lack of playfulness. I will also detail the promising findings that training can be effective when it delivers a positive user experience, emphasizing the need for innovative approaches to improve engagement and behavioral impact. This blog post series explores solutions and strategies for making E&C training more engaging and effective, grounded in four proven learning design principles.

Tune in tomorrow, when I will explore strength-based training and how focusing on strengths can transform compliance training and engagement.

Categories
Blog

Culture Week: Part 4 – Employee Engagement to Improve Culture

Suppose there is one thing I have learned from working with Carsten Tams, an ethical business architect and founder and chief executive officer (CEO) of Emagence LLC. In that case, employee engagement is one of the very top keys to a successful compliance program. Tams and I explored this topic in the popular Design Thinking in Compliance podcast series. It also appears that engagement can lead to excellent business resiliency based on an article in the MIT Sloan Management Review, entitled The Top 10 Findings on Resilience and Engagement, by Marcus Buckingham. Covid 19 and the Russian invasion of Ukraine changed business forever, making business resiliency a key trait for any business, corporate function, and especially a Chief Compliance Officer (CCO) or compliance professional. That last arena is where engagement is so critical.

The author defined resilience as “the capacity of an individual to withstand, bounce back from, and work through challenging circumstances or events.” However, it is also a “reactive capacity, describing how people will respond when challenges arise.” Conversely, engagement was seen as a proactive state of mind. The authors defined the criteria by making such inquiries “as how clear their expectations were, whether they got to use their strengths every day, whether they felt they would be recognized for doing excellent work, and whether someone at work was encouraging them to grow.” Yet, the most exciting part is the dichotomy between reactive and proactive. It is a bit like the difference in prevention and detection in a compliance program. The former is preferred to stop illegal or unethical conduct, so you do not have to detect it.

Not surprisingly, trust is the number one factor in both engagement and resilience. Astoundingly, the author found that “employees who said they completely trust their team leader were 14 times more likely to be fully engaged.” Moreover, those employees who completely trusted their colleagues, team leader, and senior leaders “were 42 times more likely to be highly resilient.” The reason should seem obvious as it is undoubtedly “easier to engage in our best work when we don’t have to expend mental resources looking over our shoulders or protecting ourselves against dysfunctional workplace practices that erode trust, like bullying or micromanaging. When it comes to building engagement and resilience, trust is everything.” [emphasis added throughout]

Teamwork is also a key factor. Although this is not something I have experienced over the past 12 years of working alone, the author found, “Those who said they are on a team were 2.6 times more likely to be fully engaged and 2.7 times more likely to be highly resilient than those who didn’t identify as team members. For millennia, humans have experienced psychological well-being only when they feel connected to and supported by a small group of people around them.” When the pandemic hit, working from home (WFH) was not new to me as I had been doing it since 2010, but even in the WFH or Hybrid Work era, most employees need to feel like they are part of a team.

However, being or even feeling like you are a part of a team is a state of mind, not a state of place. I always feel engaged with my blog posts, article readers, podcast listeners, and the greater compliance community. Based on that experience, I agree with the author’s statement that “engagement and resilience are about who you work with, not where you’re working.” Moreover, he noted, “virtual workers are both more engaged and resilient than those physically in an office or shared workspace … In 2020, well into the pandemic, 20% of virtual workers were fully engaged, and 18% were highly resilient—a stark contrast to the 11% of fully engaged and 9% of highly resilient office-based workers during the same period. How the work is done and with whom people work are important, but organizations can stop worrying about whether virtual work is detrimental to teamwork.” Even more than teamwork, it is about having relationships with your co-workers. The author stated, “Relationships boost resilience. Women are not more resilient than men, or vice versa … This data strongly suggests that it is much harder to summon and sustain one’s resilience when going through life alone.”

I can certainly attest that the unknown is more terrifying than change. The author found that employees “who reported five or more changes at work were 13 times more likely to be highly resilient. This suggests that we humans fear the unknown more than we fear change. Company leaders shouldn’t rush employees back to normalcy when so much of the danger inherent in this current ‘normalcy’ remains unknown and unknowable. Instead, leaders should tell their teams specifically what changes they are making to their work and why to increase their overall level of resilience.”

These findings suggest that every CCO and compliance professional must work to lessen or dissolve the disconnect between senior leadership and front-line workers. Your front-line business folks will make or break your compliance program. Getting your senior management more engaged will create and establish the trust that your employees will need to show resilience in the face of the following major business location, whether a pandemic or military invasion. Giving employees needed clarity and specificity from leaders, not sugarcoated enthusiasm, will help drive this trust. The author ended this concept by stating, “Leaders need to see their employees not as ‘labor’ but as the messy, complex, emotional beings they are—dealing with real-world human challenges, just like they are. The more leaders can infuse these findings in their organizations’ policies and practices, the more likely we will all be to flourish, both during these difficult times and beyond.”

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Report from IMPACT 2023

Report from IMPACT 2023: Carsten Tams on Designing Engaged Compliance Solutions

ECI’s IMPACT 2023 was one of the leading compliance events in 2023. At this conference, Tom Fox, the Voice of Compliance, was able to visit with several of the speakers, exhibitors, participants and one group of ethically minded Girl Scout Troop. In this limited podcast series, Report from IMPACT 2023, Tom explores many of the most cutting-edge topics in ethics and compliance through short podcast episodes. Check out the full series of interviews. You will be enlightened, informed and come away with a fuller and more thorough understanding of the most cutting-edge topics in ethics and compliance. In this episode, Tom visits Compliance Maven Carsten Tams on how to design an engaging compliance system.

An effective, ethical business requires more than just compliance – it requires engagement. Tom Fox and Carsten Tams discussed how to design solutions that resonate with employees and meet their needs in this podcast episode. Mary Gentilly’s book emphasizes the importance of giving employees an opportunity to express their values and create a social ethical fabric that leads to resilience against misconduct. Design thinking is a key tool in creating tailored solutions to meet the needs of employees, ensuring engagement in compliance and ethical culture. This podcast episode is essential for any business owner looking to create a successful, socially and environmentally conscious enterprise.

 Highlights include 

·      Engaging Compliance

·      Ethics and Engagement

·      Design Thinking in Compliance 

Resources 

Carsten Tams on LinkedIn

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Design Thinking in Compliance

Tailoring A Design Thinking Project That Fits


Welcome to the latest edition to the Compliance Podcast Network. In this podcast, I am joined by my co-host Carsten Tams, Ethical Business Architect and founder and CEO of Emagence LLC, a boutique consulting firm based in New York City, partners with corporate, academic and NGO clients to develop innovative and evidence-based strategies rooted in behavioral science for solving organizational challenges. Over this podcast series we will explore how Design Thinking can be used to improve your compliance program by increasing employee engagement. In this episode, Carsten and I take up running a design sprint.
Some of the highlights include:
A. What are the 3 critical benefits of Design Thinking?
B. Basic applications of Design Thinking.
C. 6 Basic Questions to ask
D. Getting started
E. What’s holding you back?
Carsten Tams on LinkedIn
Carsten Tams – Tailoring a Design Thinking Project that Fits

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Design Thinking in Compliance

Running a Design Spring


Welcome to the latest edition to the Compliance Podcast Network. In this podcast, I am joined by my co-host Carsten Tams, Ethical Business Architect and founder and CEO of Emagence LLC, a boutique consulting firm based in New York City, partners with corporate, academic and NGO clients to develop innovative and evidence-based strategies rooted in behavioral science for solving organizational challenges. Over this podcast series we will explore how Design Thinking can be used to improve your compliance program by increasing employee engagement. In this episode, Carsten and I take up running a design sprint.
Some of the highlights include:
1. What is a design sprint?
2. What are the processes and methods?
3. What is Olivia’s story?
4. Defining the Design Problem.
5. Brainstorming Ideas-what does this entail?
6. Selecting the most promising ideas.
7. Prototyping Solutions.
8. Testing
9. What does Olivia’s story tell us?
Carsten Tams on LinkedIn
 Carsten Tams – Ready, Set, Go: Running A Design Sprint

Categories
Design Thinking in Compliance

Introduction to Design Thinking in Compliance


Welcome to the latest edition to the Compliance Podcast Network. In this podcast, I am joined by my co-host Carsten Tams, Ethical Business Architect and founder and CEO of Emagence LLC, a boutique consulting firm based in New York City, partners with corporate, academic and NGO clients to develop innovative and evidence-based strategies rooted in behavioral science for solving organizational challenges. Over this podcast series we will explore how Design Thinking can be used to improve your compliance program by increasing employee engagement. In this inaugural episode, Carsten and I will explore why the Design Thinking process can be such a powerful tool for the compliance professional. Highlights include:
1. What is the problem that Design Thinking can solve?
2. What is employee engagement?
3. Why is employee engagement so critical to compliance?
4. How can you design engagement into your compliance program?
Resources
Carsten Tams on LinkedIn
Design Thinking Meets Ethics and Compliance
Human-Centered Design: An Engaging Ethics & Compliance Program Serves Users’ Needs
The Co-Creation Imperative: If You Build It With Them, They Will Engage
 Ready, Set, Go: Running A Design Sprint

Categories
The Ethics Movement

Converge21 Workshop Edition- Carsten Tams on New EU Whistleblower Directive


Welcome to The Ethics Movement, special podcast series highlighting Converge21 The Workshop Edition. This podcast series will feature some of the speakers at the event. You can find out more information about the event and register here. In this podcast, I visit with Carsten Tams, Founder & CEO at EMAGENCE, who will lead the discussion on the Workshop, EMEA: Pragmatic Anti-Retaliation to Meet the EU Whistleblower Directive US: Anti-Retaliation Measures that Stand in the New Age of Whistleblowing. Rising retaliation rates calls for a mindset shift. You’ll define your biggest challenges, Carsten and team will bring the framework to overcome them.