What If We’ve Had It Wrong About Workplace Culture?
Nov 15, 2025
For years, we’ve told leaders, “Culture starts at the top.” But what if we’ve had it wrong all along?
What if the real breakdown isn’t leadership — it’s HR?
Maybe it’s not that our executives don’t care, but that our HR departments were never equipped with the human skills needed to build civility, fairness, and conflict intelligence in the workplace.
Let’s face it: HR was built to protect companies, not humans.
It evolved from industrial labor management, focused on compliance and liability, not compassion. And while many good-hearted professionals enter HR to “help people,” they quickly discover a truth that few will say out loud: HR doesn’t always protect employees — it protects leadership.
In theory, Human Resources departments are meant to protect the most valuable asset of any company: its people. In practice, however, HR often functions as a shield for the organization, prioritizing legal protection and cost management over genuine employee well-being.
This contradiction has created a growing crisis in workplaces across industries—one rooted in the lack of proper training, ethical responsibility, and human understanding among HR executives.
The Problem: HR as the Employer’s Legal Armor
Most employees assume HR exists to mediate conflicts fairly and support staff. Yet in reality, HR’s primary loyalty is to the employer. The department’s fundamental goal is to minimize legal risk and financial exposure. When an employee reports harassment, discrimination, or toxic management behavior, HR’s first instinct is often to contain the issue—not to resolve it ethically. Internal investigations are designed to protect the company from lawsuits, not necessarily to ensure justice. This dynamic is reinforced by the power imbalance between corporations and their workers. HR professionals are hired, paid, and evaluated by the same executives whose actions may be under scrutiny. As a result, “protecting the company” usually means protecting those at the top.
Real-Life Examples
1. The Uber Case
A striking example of HR’s misplaced priorities came to light in 2017, when former Uber engineer Susan Fowler published a blog post detailing systemic sexual harassment and discrimination within the company. Fowler reported multiple incidents to HR, only to be told that her complaints would not be escalated because the accused manager was a “high performer.” HR’s primary concern was avoiding legal exposure and maintaining business performance—not addressing the toxic culture or protecting the employee. Fowler’s revelations triggered a public investigation that exposed Uber’s deeply flawed HR practices and led to the resignation of several senior executives, including then-CEO Travis Kalanick. The case became a turning point in the conversation about corporate ethics, showing how HR’s failure to act humanely and responsibly can devastate a company’s reputation and employee trust.
2. The Cost of False Hope
An employee reported retaliation from her manager.
The first HR rep dismissed her: “These complaints rarely go anywhere.” No investigation. No intervention. Nothing to stop the retaliation from continuing.
So the employee requested another HR representative in the same department.
The second HR rep seemed empathetic — calling often, reassuring her, promising to “fight for her.” But months passed. Six months to be exact.
By the end, the result was the same: “We found no evidence of retaliation.”
What really happened? HR didn’t resolve the issue — it delayed it, hoping the problem would fade away.
Those six months cost the employee valuable time, which she could’ve used to get legal advice, find another job, or recover emotionally. Instead, she endured ongoing retaliation, stress, and uncertainty.
3. “Confidentiality” vs Lack of Skill
Another company took over five months to “investigate” a complaint about an unfair demotion process. In California, open positions must be posted publicly for transparency. Instead, leadership secretly promoted another employee. HR claimed “confidentiality” — but that silence only concealed their lack of skill in addressing conflict with fairness and humanity.
A Frightening Lack of Accountability
Last week, I witnessed an HR director destroy a whistleblower’s career — with zero consequences.
- • No license
- • No oversight
- • No ethics board
Here’s the uncomfortable truth:
- • Lawyers can be disbarred.
- • Doctors lose their licenses for malpractice.
- • Accountants can face criminal charges for fraud.
- • Real estate agents get their licenses revoked for ethical breaches.
But HR professionals? They can:
- ✅ Breach confidentiality
- ✅ Retaliate against whistleblowers
- ✅ Cover up harassment
- ✅ Destroy reputations
…and face absolutely no professional consequences.
The people who control your workplace complaints, investigations, and disciplinary outcomes — the ones who shape the very fabric of your company culture — have less external accountability than the person who sells you a house.
That’s not just unsettling. It’s dangerous.
The Missing Element: Human and Emotional Competence
Many HR executives receive extensive training in compliance, labor law, and corporate policy—but little to none in emotional intelligence, conflict resolution, or trauma-informed practices. This gap produces professionals who are technically competent but emotionally detached. They know how to write policies and manage risk, yet they often lack the empathy and communication skills necessary to handle sensitive interpersonal issues.
The consequence is a workplace culture where employees feel unheard and unsafe. When workers realize HR is not a neutral mediator, trust erodes. Complaints go unreported, morale declines, and turnover increases—all while leadership continues to view HR as an administrative function rather than a moral compass.
The Cost of Neglecting the Human Factor
Ignoring the human side of conflict resolution carries a high cost. It fosters toxic environments that lead to burnout, disengagement, and reputational damage. Companies that fail to address this reality risk losing their most talented people and facing public backlash in an era of growing transparency and employee activism.
A Way Forward: Rehumanizing HR
To restore integrity to the profession, organizations must rethink what HR stands for. This begins with training HR professionals in empathy, psychology, and ethical leadership—skills as essential as compliance and payroll. Companies must also redefine HR’s role, granting it more independence from executive control so it can serve as a true mediator between management and staff.
Finally, accountability must be shared. Executives should be held responsible for the ethical and emotional impact of their decisions, not just for financial outcomes. A company that genuinely values its people must empower HR to protect both sides—not just the one that signs the checks.
Conclusion
Human Resources should be the heart of a company, not its legal armor. Until HR professionals are trained and empowered to address the human side of business with empathy and fairness, workplaces will continue to suffer from preventable conflict and disillusionment. The future of ethical, sustainable organizations depends on transforming HR from a gatekeeper of liability into a guardian of humanity.
Final Thought
Leadership alone can’t fix workplace culture. HR must also transform — from Human Resources into Human Restoration.
Because policies don’t build trust. People do.
If your organization’s HR department is reactive, fearful, or disconnected, the leak isn’t your employees— it’s the system itself.
It’s time to humanize HR, elevate conflict intelligence, and rebuild civility from the inside out.
🔗 Contact Us
If you’re a CEO, CHRO, or Board member ready to stop the cultural leakage and rebuild trust across your workforce, explore how Conflict-IQ® consulting, ombuds services, and restorative leadership programs can help.
Visit Unitive Consulting to learn how we help organizations turn conflict into connection — and policies into trust.
Blog Written by:Yvette Durazo
Yvette is an international leader and expert in the field of alternative dispute resolution/conflict resolution with expertise in the Human Resources, family businesses, corporate and non-profit organizational disputes areas. Yvette is an Adjunct Professor for the University of California, Santa Cruz Silicon Valley Extension for the Human Resource Management Certification Program. There she teaches online and in-person courses in Diversity, Equity, and Inclusion (DEI), Human Resource Management Courses, Communication & Conflict Management, Alternative Dispute Resolution, Ethics, Neutrality, Conciliation, and Mediation. She is also a former Adjunct Professor for the National University and the School General Council of the Judiciary in the State of Guanajuato, Mexico.