Leadership

How Can a Watermark Be a Human Rights Matter?

It seems like such a small thing, but a watermark did indeed become a human rights matter.

Allow me to explain. I’ll share the short version first and then the detailed journey which I realize some of you may perceive as “banging my head against a wall”. I am definitely tenacious. When I think something matters – especially to more than just me – I don’t give up. Unfortunately, I think much advocacy work can feel this way. I find committing to staying curious helps. Read on to find out what I have learned.

 

Quick overview:

• The reading material in a course I paid for contained intrusive watermarks throughout making it difficult for me to read. I’m a highly sensitive person with a low threshold for visual sensory input.
• Despite 19% of the class wanting the watermark removed, the course creator deemed it an “unreasonable accommodation”. The greater concern was the perceived business risk of intellectual property theft.
• Disability rights organizations in the home country of the course creator stated that the unwillingness to provide an accommodation, in this case, is discriminatory and a human rights matter. They deemed that access should be made available to those with sensory impairments. This was backed up by a US lawyer looking through the Americans with Disabilities Act (ADA).
• I share this story in hopes that leaders and creators will see that providing accommodations to those in need is more than a moral and business imperative; it is a legal requirement.

 

The details:

I signed up for an online course about a subject that as a highly sensitive person, I was very interested in. In fact, I anticipated finding such value in the learning that I had been sharing about it with my community and was keen to share it with the world in the book I am researching and writing.

The night before the course was to start, I accessed the reading material online and was stopped in my tracks.

As a productivity coach and professional organizer, I often coached my clients to recognize speed bumps – internal resistance that gets in the way – and roadblocks – external challenges which make it difficult to continue. I found myself face to face with a roadblock: eight lines of watermarks slashed each page. The watermarks included both the company name and my email address…which includes my name.

I mocked up a sample document to show you what the materials looked like. Please know that I would never dream of sharing a document that looks like this:

a page of text with several watermarks running diagonally throughout the page

I couldn’t read the pages. For me, it was like trying to have a conversation with two people speaking to me – at the same time. My brain shuts down. I stop being able to process information as my brain constantly shifts from one person to the other. I know that I’m not alone…

Image: screengrab from The Kelly Clarkson Show on Youtube

Have a listen to Ted Lasso actor Hannah Waddingham chat with Kelly Clarkson about how they both detest the “in-ear doo-da” – she is talking about earpieces that let you hear a producer while you are performing. You’ll find this part of their conversation at 8:47. The struggle is real.

Feeling: Frustrated 😣

 

Strategy One: Ask for help

“Help!” I titled the email I wrote to the course creator. “While l understand the need to protect intellectual property….it is far too visually distracting for me.”

The creator and a team member looked at the documents and acknowledged “yeah… it’s very busy”. I learned that course materials are stored in a “data room” (through Digify) which restricts access and tracks views as well as printed copies. Working with this tech solution, they were able to reduce the number of watermarks to one much larger image across the page that looked like this:

a page of text with a one large watermark running through it diagnally

Unfortunately, this still didn’t work for me.

I was told nothing more could be done and assured that my “learning, insights, and community gained will make up for it.” Hmmm. ⛽💡
Feeling: Invalidated. 😑

 

Strategy 2: Ask for a private conversation

I decided to ask for a meeting to discuss this challenge in the context of inclusivity around learning. I wanted to explore the conflicting goals of IP protection (which I understand as a patent and trademark owner myself), and visually sensitive people being able to comprehend subject matter in their learning modality of choice. I prefer visual information.
I offered suggestions to simply have the copyright information at the bottom of the document along with the student’s email address. (On their website, Digify suggests students will “think twice” before sharing documents if their email address is in the watermark. I take this to mean that shame is a deterrent.) Another idea was to gain explicit agreement from participants, in writing, to not share materials.

I looked at the protections provided and the possibility of workarounds*, and feel that some of the Digify services seem to be more of a hindrance to legitimate students than a deterrent to thieves. That is to say, to those determined to misappropriate information, they would be “speed bumps” and not “roadblocks”. I thought there had to be other equally effective ways to deter the sharing of this work.
Feeling: You don’t trust me. ☹

The creator said they would consider what to do.
Feeling: 🙄 Optimistic

The next day in class, each of two cohorts was polled to find out if participants were bothered by the watermark and if they would like something done about it. Results were shared.
81% of students did not find it a problem, however, 19% of students did.

Dr. Elaine Aron, who pioneered the research into the trait of high sensitivity in the mid-to-late 90s suggests that about 20% of people have the temperament. Based on this, the happy face in the Happy Space® Podcast logo is set at 19% tilt. Great, I thought. This will surely mean the watermark is changed.
Feeling: Buoyant 🙂

Nope. I was wrong. We were told that “the watermark does not bother the majority of participants and the majority don’t want us to change it.” Despite almost 1 in 5 wanting the watermark adjusted, they decided to keep it as is.

I was then offered a 50% refund if I chose to leave the course.
Feeling: Dismissed. 🤨 And stunned. 😮 And curious. 🤔
How is inclusivity about “the majority”?!

And still, optimistic. 🤞🏼

So, I stayed.

 

Strategy 3: Raise with the group

A few days later in class, we were speaking about personal needs with respect to sensitivity and I brought up my challenge in class along with noting the fact that I was not alone.
The next day, I was told that I must “drop the watermark issue or leave the course”. I was told that “Removing the watermark is not a reasonable accommodation and poses a business risk for us.”
Feeling: Dismayed. 😟

And still, I stayed.

 

Strategy 4: Get curious

I committed to staying curious. I had begun to research Diversity, Equity and Inclusion (DEI) in their country to understand the context within which they were operating. Perhaps awareness and action around inclusivity were lagging, I thought.

Disability rights groups pointed me to a White Paper published in their country which referred to the United Nations Convention on the Rights of Persons with Disabilities. I learned that my sensitivity to visual input can be considered a sensory impairment which is considered a disability. As such, I should therefore receive “reasonable accommodation”.

Here is the specific language:

Impairment is a perceived or actual feature in the person’s body or functioning that may result in limitation or loss of activity or restricted participation of the person in society with a consequential difference of physiological and/or psychological experience of life.

5 Impairments:
• Physical
• Sensory
• Intellectual
• Psychosocial (mental removed)
• Neurological impairments (added)

In their country, “Reasonable Accommodation refers to necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden”.

I searched the Ontario Human Rights Commission and found: “In the context of employment, the Supreme Court of Canada has described the goals and purposes of accommodation:
… the goal of accommodation is to ensure that an employee who is able to work can do so. In practice, this means that the employer must accommodate the employee in a way that, while not causing the employer undue hardship, will ensure that the employee can work. The purpose of the duty to accommodate is to ensure that persons who are otherwise fit to work are not unfairly excluded where working conditions can be adjusted without undue hardship.

So guidelines are similar in both of our countries.

I continued to ask questions in the next couple of classes. Unfortunately, this was perceived negatively and I was told to no longer participate in the live component of the class…with no option for discussion.
Feeling: Surprised and incensed. 😤

 

Strategy 6: Persist

This matter has wide-reaching implications. So, I kept digging.
To further understand if my request was indeed a reasonable accommodation, I reached out to labour and employment lawyer US lawyer Stuart Silverman who found it an interesting question.

Here are the comments he shared with me via email after analyzing the situation under the Americans with Disabilities Act (ADA):

1) what is described is a disability under the meaning of the law.
2) the request for a RA [Reasonable Accommodation] was a reasonable one..presenting the course material without the distraction of the watermark..if there are other ways of presenting the same or similar material that could be done too.
3) the company was willing to remove the watermark if over 50% requested…that shows that the watermark protection is not significant to the company. But the law does not look to whether a majority is affected. If an applicant who is a person with deafness applies for a job and needs an RA, the fact that most people do not need an RA for deafness is not the issue. It is whether this one needs.

Feeling: Validated. 🙂

 

Strategy 7: Share without shaming

You’re reading this post – and thank you so much for reading this far – because I think it is important to continue to invite mindset shifts and compassionate action without shame. This is why I have not shared the name of the course. In fact, I think some of the work of the course creator has value, however, I cannot share it until the moral conflict described here is resolved.

What does this mean for highly sensitive people?

It means being okay with referring to sensitivities as an impairment. I find this challenging conceptually because I deeply value the strengths of the trait but am willing to do so if it means receiving appropriate accommodations. Not everyone will be okay with this.
It means we have legal rights to back us when raising our voices.
It means we deserve to be taken care of.

 

What does this mean for organizations?

It means digging deeper and moving past initial reactions to examine if that position is reasonable given human rights legislation.
It means being creative and adapting as necessary to be more inclusive.
It means making an exception that could take some extra time and effort.
It means taking compassionate action. Actions speak louder than words.

 

What am I hoping for?

We are all on learning journeys and open to new thinking in different ways. I hold hope for the following:

1. I hope that the course creator, team, and my classmates will read this and reflect on what happened – the action and inaction, and what might be done to do better.

2. I hope this can serve as a case study sharing the challenge of raising one’s voice for reasonable treatment.

3. I hope that the need for persistence in achieving accommodations will disappear as more minds open with and act with true compassion.

 

I would love to hear your thoughts…

How would you have felt? What would you have done?

Email me to let me know at clare@clarekumar.com

or comment on a social media post sharing this blog post.  You can find me @clarekumar on LinkedIn, Instagram, Twitter, and on Facebook. I would love to hear what you think.

*Workarounds would be time-consuming but entirely possible through free software such as watermark-removing apps and “printing to PDF” in order to save documents electronically.

******
I explore the intersection of productivity & inclusivity through speaking, coaching, and hosting the Happy Space Podcast. Hot talks at the moment are
“Understanding & Embracing Neurodiversity” and “Leadership Skills for a Hybrid World”. If I can be of help please book time to chat with me.

How to Work with Highly Sensitive People

meerkat on alert representing high sensitvity

You might have heard the term HSP and wondered if it applies to you or some of your coworkers, or perhaps even your partner. Understanding this trait will be helpful to you in any case as it may help you advocate for yourself, navigate your relationships more effectively, and to better support others.

WHAT IS AN HSP?

Dr. Elaine Aron was in conversation with her therapist when they suggested that perhaps she was highly sensitive.1 The idea of being highly sensitive intrigued Elaine so much she went on to research and in the early 90s defined the trait that is also known clinically as Sensory Processing Sensitivity.

 

It is important to note it is quite distinct from Sensory Processing Disorder which includes difficulties in organizing and responding to information that arrives through the senses and which can have a significant impact on learning and daily life.

 

People who have the trait are most often referred to as HSPs, with HSP standing for “highly sensitive person”. Elaine defines the term as “a preference to process information more deeply”. I would add the word “involuntary” in advance of preference, as there is little to no choice involved. The trait is present in about 20% of the population, so I can guarantee you know someone who is an HSP…even if they don’t know it yet. HSPs’ brains light up differently in fMRI studies compared to non-HSPs when given tasks that involve perception involving subtle differences.

 

Let’s tackle the word “sensitive” as it can put some people off. Sensitivity is an undervalued quality in North American culture and, despite its great value, can be perceived by some as a sign of weakness. Here, sensitivity does not relate only to emotional sensitivity and easily finding oneself in tears, though that is possible for some. In fact, Elaine confesses she would rename the trait if she could start over, perhaps replacing sensitive with the word perceptive or responsive. Our sensitivity or responsiveness extends to the physical, mental, and emotional.

 

Since the term is out in the world, I’m going with it so those who have learned about it can find the Happy Space Pod and podcast, but it’s worth understanding the trait includes some other qualities. Elaine refers to them with the acronym DOES (pronounced like the verb, not the noun, though I think the image of female deer is probably apt). *** Update – for my take on the elements of high sensitivity, based on Dr. Aron’s work but slightly reorganized, please see this post: The SEED Model of High Sensitivity

 

HSP QUALITIES

 

D – Depth of Processing – we spend more time dealing with new information and thinking about it more deeply… which can definitely be exhausting. The dark side is tendency to overthink.

 

O – Overstimulation – we can be extremely sensitive to high stimulation environments – think crowds, busy roads, and noisy restaurants, as well as rough fabrics!

 

E – Empathy & Emotional Reactivity – we have greater reactions to both positive and negative experiences with mirror neurons activating in response to pictures conveying emotion, even in people we don’t know. Further, our brains are noticeably more responsive to positive stimuli.

 

S – Sensitivity to subtle stimuli – we pay attention to everything. Couple that with our empathy and you’ll find us looking out for others.

 

WHAT HSPs NEED AND WHAT YOU CAN DO TO PROVIDE SUPPORT

  1. We need time to process thoughts. From you, we appreciate patience while we form our ideas and actions.
  2. We are sometimes over-stimulated. From you, we appreciate empathy and compassion. Compassion in the form of supportive action to eliminate a stressor is even better.
  3. We deeply feel the emotional energy of others. From you, we appreciate the flexibility to take quiet time and be in a space where we can center, rest, and recover.
  4. We notice small things which may be of great importance. From you, we appreciate being heard. Customer service departments – we are your greatest gift if you are willing to listen.

 

HSPs are shown to make exceptionally good employees with high-performance reviews, yet if conditions are not kind, we will be the first to burnout.

 

If you are an HSP – define what you need to sustain your energy. I call these Productivity Table Stakes™ – eight key ingredients to understand your relationship with and ensure are considered every day.

If you are a leader, ask your HSP employee what they need to succeed. It’s my favorite leadership question for everyone, but it is so relevant here.

If you are a partner to an HSP – co-create your home and life together to minimize stress and increase the joy in your time together.

 

I invite you all to join the Happy Space Pod – a safe online community to explore greater productivity and well-being for highly sensitive professionals. I hope to see you there.

*** Update – the focus of the Pod and Podcast has expanded from high sensitivity to designing inclusive performance. All through my lens as a highly sensitive person.

Your Employees Need You To Believe That Working From Home Can Work

Man in chair looking at sticky notes with question marks on them

Are you a leader who has never believed in working from home? Like Marissa Mayer, former CEO of Yahoo! and my last corporate boss, you think that employees need to be in the office to get the job done. The trouble is with millions of workers now being told to work from home, working from home simply has to work.  It’s time for a mindset shift. I must add it is also the time to express the utmost compassion as we navigate this new way of working. We are all suffering different degrees of loss and how you serve as a leader will be remembered.

You may remember Ms. Mayer’s bold move in 2013 ordering all remote workers get back to the office or quit. Some reports suggest it was a much-needed effort to trim the workforce. Whatever the reason, it caused a huge uproar and admonishment from the likes of Richard Branson that it was a step backward.1  There is an abundance of research that confirms productivity and other measures are often improved when employees work from home, but that’s not the point of this post.

In 2008, my then leader became my last solely because of her conviction that employees must be in the office. My kids were three and five years old, and their dad had a demanding job requiring an almost two- and half-hour commute. I had worked from home successfully one day a week, for about a year and was performing well, but that didn’t matter. I was told I had to be in the office every day.

I had started to suffer some symptoms of burnout: headaches, trouble sleeping, low energy to name a few, and wanted to keep contributing if I could preserve my energy by continuing to work some of the time from home. I appealed to my boss’s analytical mind sharing an audit of my responsibilities which revealed that 90% of my interactive work was conducted over the phone or by email and only 10% was completed in person. Nope. Her reply to my offer to work from home 50% of the time was a hard “No”. I found it somewhat ironic that we were working for a company that sold the technology that enabled remote work.

Back to you. Let’s look at some of the concerns leaders have about people working from home. And by concerns, I really mean fears. Fears are based on beliefs, and it is those beliefs we must question, understand, and deal with. Along with each concern, I’ve included some questions you might ask yourself to help shift your thinking.

 

1. I can’t get anything done when I work from home, so how can anyone else?

Here you might be extrapolating your own beliefs about what works for you as being true for others.

Ask yourself:

  1. Am I being fair in thinking others will have the same challenges I do?
  2. How might I confirm that an employee is performing adequately?
  3. What communication could help me?
  4. What about different reporting?
  5. How will I bring this up if I am concerned?

2. I had to come into the office, so my team should, too.

In this case, you might be craving a sense of fairness.

Ask yourself:

  1. Is it reasonable to expect conditions to stay the same?
  2. Is it fair to restrict employees as if they are?
  3. What do I need to let go of to see this as an opportunity

 

3. If I can’t see someone working, how do I know they’re working?

This mindset reflects a lack of trust and possibly a need for control. It may have something to do with your own work style, but not necessarily. Note, the answer does not lie with an increase in remotely tracking work through random screenshots. Autonomy matters.

Ask yourself:

  1. What is causing me not to trust this employee?
  2. If there is a valid reason, can we build trust, or is this indicative of a bigger problem?
  3. If there isn’t, what can I do to experiment with trust?
  4. If I’m micromanaging, what effect could this have on my team?

 

4. I don’t think the team will collaborate effectively working from home.

There is no doubt in-person contact is the richest form we have but with video communication readily available we have a close second. Random interactions won’t happen, but it doesn’t mean you can’t encourage them.

Ask yourself:

  1. What can I do to stimulate informal communication?
  2. What formal initiatives could help encourage more effective collaboration?
  3. Could I improve psychological safety?
  4. Could I create more time to be creative, explore and experiment?
  5. How can employees be encouraged to build relationships at varying levels and across the organization?

 

5. We won’t have enough role modeling of leadership skills.

My former boss explained to me that this was her primary reason she wanted me in the office full time. We know from watching politics that leaders can be very effective from afar. So let’s not limit leadership by geography.

Ask yourself:

  1. What skills do I want to see shared?
  2. Between whom?
  3. In which other ways can this happen?

 

If you’ve been reluctant to embrace working from home, you owe it to your team to think more positively. Your team needs you to believe in them right now. It might require some creative thinking and thoughtful communication, and it will be worth it.

 

1 https://www.latimes.com/business/la-xpm-2013-feb-26-la-fi-yahoo-telecommuting-20130226-story.html

In April and May, 2020 I will be offering Live Q&A Zoom calls every Monday at noon EDT to answer questions on better working from home, personal productivity, and organization. Sign up by visiting www.clarekumar.com/workfromhome. You’ll receive my top “Three Ways to Better Work from Home” download and be invited to sign up for the session of your choice.

I also have a few spots open for private group coaching for individuals and leaders. Book a call with me to find out more.

Book a discovery call with Clare? Click here to contact me.