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Protecting the Caregiver

While there is no federal law that specifically addresses bias against caregivers in the workplace, there are statutes for protection.

Here is an overview:
The Family and Medical Leave Act of 1993: Entitles eligible employees to take unpaid, job-protected leave for, among other things, caring for a parent or spouse with a serious health condition. Employers cannot deny or discourage an employee from taking FMLA leave or retaliate against someone who has taken leave.

The Americans with Disabilities Act of 1990: Prohibits discrimination based on “association with” an individual with a “disability” as defined in the law. The ADA offers protection to workers caring for people with disabilities.

The Rehabilitation Act of 1973: Prohibits discrimination based on disability by federal government agencies and contractors, and recipients of federal financial assistance using standards established by the ADA.

The Employee Retirement Income Security Act of 1974: Prohibits an employer from firing or discriminating against an employee to keep them from exercising their rights under a benefit plan. For example, an employer can’t fire a worker to avoid paying the health care costs of the employee’s dependent spouse or child.

Title VII of the Civil Rights Act of 1964: Prohibits discrimination because of race, color, religion, sex or national origin. Female workers who are caregivers could allege discrimination if they have been mistreated based on gender stereotypes, like being less committed to their job than a man. Motherhood is the strongest form of gender discrimination, but can also include elder-care responsibilities.

The Age Discrimination in Employment Act of 1967: Prohibits discrimination against employees 40 years of age or older. Older working caregivers may claim that their family responsibilities have triggered age discrimination.

Source: AARP Public Policy Institute, “Protecting Family Caregivers From Employment Discrimination”

Comment below or email editors@workforce.com. Follow Workforce on Twitter at @workforcenews.

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More Companies Offer Pet Insurance as an Employee Benefit

We love our pets. This year, it is estimated that we will spend more than $55 billion on them. More than $14 billion of that total will be for veterinary care alone. Vet bills are expensive, and often unplanned and unbudgeted. Given our emotional attachment to our pets, we pay them, regardless of the cost. To mitigate the unexpected nature of these costs, after losing our last dog we opted for vet insurance for our current one.

Corporate America is following suit by beginning to offer pet insurance as an employee benefit.

According to Yahoo, one out of every three of the Fortune 500, plus 3,400 other smaller companies, now offer pet insurance as a benefit to their employees. Ohio employers offering this benefit include Procter & Gamble, Cliffs Natural Resources, Quest Diagnostics, and Progressive Insurance.

Employee recruitment and retention is difficult. Companies struggle to locate, attract, and retain the best employees. Thinking outside the box with employee benefits is one way to attract, and keep, good employees.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Jon at (216) 736-7226 or jth@kjk.com. You can also follow Jon on Twitter @jonhyman.

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Where’s Waldo? She’s Teaching You a Lesson On the High Cost of Sexual Harassment

While employed as an electrical line worker for Consumers Energy Company from 2001 through 2005, Theresa Waldo claimed that she suffered the following incidents of sexual harassment, about which she complained to her supervisor, union rep, and HR manager, each of whom allegedly ignored her:

  1. She was repeatedly called derogatory and demeaning names, such as “bitch” and “wench.”
  2. Coworkers threw her purse out of a work truck and into the dirt, telling her that “there were no purses allowed in these trucks.” When she responded by carrying a smaller purse in her pocket, she was called a “dike.”
  3. Her coworkers refused to let her travel to a bathroom, instead telling her that if she “wanted to work a man’s job,” she had “to pee like a man.”
  4. Coworkers locked her in a porta-potty with duct tape.
  5. Coworkers isolated her at work sites by excluding her from lunch trips and forcing her to walk instead of riding in trucks with the male employees.
  6. There were sexually explicit pictures on the work trucks.

Based on the foregoing, a jury awarded Waldo $400,000 in compensatory damages and $7,500,000 in punitive damages on her sexual harassment claim. Applying Title VII’s damage caps, the trial judge reduced those awards to a combined $300,000. In addition to the capped damage award, the judge also awarded Waldo $684,506 in attorney’s fees, which the 6th Circuit affirmed.

Who wins these cases? According to Judge Sutton’s dissenting opinion, it’s the lawyers, not the litigants:

I join all sections of the majority’s opinion save one: its decision to uphold the district court’s award of $684,506 in attorney’s fees—all but $1,000 of the fees requested by Waldo’s attorney without any additional reduction for time or rate, including for all work incurred to lose the first jury trial, all work incurred to lose six of the seven claims (four of them state law claims) and for all work incurred to win $300,000 in the second jury trial. One can be forgiven for thinking that Waldo’s two attorneys, not Waldo, were the true winners. This is good work if you can get it.

Harassment takes a toll. It exacts a high emotional cost on the victim. It exacts a steep legal cost on the company defending a lawsuit that can be salacious and unpopular. Yet, as this case illustrates, the people that often win are the lawyers. It may sound odd for a lawyer to argue against litigation. Yet, as I’ve heard one of my partners espouse more than once, “When you’re litigating you’re losing.” This case is the perfect example. From start to finish, Theresa Waldo spent more than 8 years of her life (from June 2005 until August 2013) litigating. For that time and aggravation, not to mention the on-the-job harassment that she suffered, she was awarded $300,000. Her lawyers, on the other hand, pocketed more than double that amount.

Who really won, and what does this case teach us about the benefit of evaluating the risk of cases and resolving those that have merit.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Jon at (216) 736-7226 or jth@kjk.com. You can also follow Jon on Twitter @jonhyman.

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Improving Customer Service

Dear Stepping Stones:

In order to “change the paradigm for customer service” in your organization, we suggest a multi-pronged approach that transforms all parts of the organization in parallel: customers, employees, management and alignment.

Customer Service: Nurturing Relationships

Customer service is about building relationships with customers. A critical aspect of relationships is trust. There is a bicycle shop in New England that offers test rides to potential customers. When a customer offers to leave a deposit or ID as surety for the bicycle, he is politely turned down. The company is demonstrating that it trusts the customer and finds that the customer is more inclined to reciprocate. Sales are brisk and there are very few instances when a bicycle is not returned.

In the long run, this type of trust breeds loyalty, which in turn fosters the perception of a positive customer service experience. Is there similar low-hanging fruit in your business in which a simple yet meaningful change in approach might breed trust with your customer? 

Employees in the Value Zone

In his book Employees First, Customers Second, Vineet Nayar, vice chairman of HCL Technologies, writes that customer service falls into the “value zone.” Nayar describes how he changed his company’s culture and dramatically improved customer service by turning the traditional management pyramid on its head. Nayar made managers and the enabling functions (human resources, finance, training) accountable to those who create value. He implemented a system for tracking the support given to workers in the “value zone. As the support from the organization increased, so did customer satisfaction. The principle behind Nayar’s philosophy is that the customer experience will mirror the employee experience.

Management Sets the Tone

A positive work experience will encourage employees to demonstrate the desired values and behaviours. However, this experience will only be felt if, and only if, those values are clearly communicated by management and then interpreted, rewarded and consistently modeled by senior management – consistently being the operative term. Management will also need the courage to be intolerant of behaviors that fall outside of the values.

Alignment

Before proceeding with the above tactics, you will want to verify that the values you have chosen are the right ones for your organization. Are they aligned with your vision? Are they core values, aspirational values or merely “permission-to-play” values that do not provide the necessary clarity your employees need. You should then measure the alignment between those values, the behaviors demonstrated today, and the culture embedded in your existing people systems: recruitment, orientation, development, performance management and rewards. Your plan of action will become very clear with this type of assessment. We recommend two books that should help: “Building A Values-Driven Organization,” by RichardBarrett and “The Advantage” by Patrick Lencioni. Both have accessible tools to help you in this regard.

If you intend to develop a high-performing organization that excels at customer service, looking at your values is an excellent starting point. This approach is not for the faint of heart because it only works if everyone goes all in. The rewards, however, are worth it.

Source: Dominique Giguère and Jed DeCory, Currents Group, Toronto, Ontario, Aug. 6, 2013

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.

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Doing More With Less

Dear Chief Worrier:

When a company has had to make tough cutbacks, one of the most important dynamics is to ensure that everyone in the company makes some sacrifice.

Conduct A Town Hall Meeting. 

Consider having an “all hands” meeting for the troops to review where you’ve been as company-division-department, etc. – bumps and strengths – during this challenging transitional time. (And if necessary make it Web-video friendly.)  For example, you might hold a panel forum with employees from an array of levels having an opportunity to share what the challenges and stress points are. Some humor here is especially invaluable. People are less defensive and more open to a serious message gift-wrapped with humor. 

In addition, highlight what has been learned, including improvements made, noteworthy efforts and achievements, as well as areas to be strengthened.  Perhaps give out some awards.  Especially underscore areas in which there’s been interdepartmental sharing and synergy. This means that not only did systems “circle the wagons” in tough times, but they interlinked, supported, fortified, and coordinated as well.

Seek Team-Department Input. 

Perhaps after the town meeting (or even in preparation for the big event), do a similar “local” analysis as noted above. The more strongly that people believe they are being listened to (that their diverse worries and ideas are respected and considered) the more likely they are to see themselves not only as not part of the problem, but also instrumental in the solution. Finally, people will begin seeing you as a meaningful change agent – an aware, effective and responsible individual who impacts mind, motivation, and morale and is also worthy of trust.

Be Transparent, Generate Trust. 

Management, in particular, can do two things to facilitate trust. First, remember that transparency and trust are soul brothers. Share openly with folks what you know and what you don’t know. Don’t fudge facts. Be clear when you are speculating.  Don’t put a positive spin on a problem to suppress angst in the short-term.  That Yin energy will likely turn around and bite you in the Yang.

Second, allow your audience or team members to raise tough questions and even to challenge some decisions made. Employees want leaders that can handle intense and intimate interaction without getting defensive.

Make Psychological Hardiness a Priority. 

Executives needto demonstrate the “four C’s of psychological hardiness."

1. Commitment: They are committed to finding work-life balance.

2. Control: They're ok giving some of it up and embracing new challenges

3. Change doesn't scare them – they recognize the opportunities it presents

4. Conditioning: They stay physically fit, which also helps them emotionally

Follow these four resiliency building measures and your ship should stay the course even amid rough seas. 

Source: Mark Gorkin, The Stress Doc, Washington, D.C., July 25, 2013

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.

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Workforce Management Magazine Gets a Face-Lift

PRESS RELEASE
For Immediate Release

Workforce Management Magazine Gets a Face-Lift

91-year-old publication redesigned to better serve the needs of executive readers

Chicago, Aug. 8, 2013— Workforce Management, the business magazine serving the needs of human resources professionals since 1922, will undergo a major redesign with its September issue, according to executives at MediaTec Publishing, who acquired the publication in January.

In announcing the redesign, Norman B. Kamikow, MediaTec president and editor in chief, revealed the company began planning the overhaul during the due diligence process that was part of the acquisition from Crain Communications Inc. An extensive readership survey conducted in October 2012 was the starting point.

The magazine's editors also recruited a blue-ribbon editorial advisory board composed of senior HR executives from a diverse group of organizations including IBM, BAE Systems, Sodexo, General Mills, the U.S. Office of Personnel Management, Lowe's Cos. and DreamWorks. Industry thought leaders Dave Ulrich of the University of Michigan, Workforce contributor and veteran blogger Kris Dunn and attorney and employment law expert Jon Hyman round out the board.

"Media consumption has changed, but an overwhelming percentage of Workforce readers are telling us they first turn to industry websites and magazines to get news and information about human resources and workplace management," said Kamikow. "One cannot underestimate the importance of the print publication to the mix. It forms the basis of all we do on the Web, in our newsletters, live and virtual events and lead generation program.

"Research shows readers give us very high marks for the quality of our writing and the breadth of the topics we cover, but they want more," he said. "The executives who read the magazine tell us they want quick but thorough reads, sharable data that boils down a trend or direction, and actionable news and insight on timely, relevant topics."

The new look will include:

  • More content aimed at the needs of senior HR leaders, including expanded feature coverage, industry news and analysis, adding up to a 100 percent increase in editorial pages.
  • Thought-provoking commentary from industry-leading columnists.
  • Fresher, tighter and more impactful reader-friendly design.
  • Engaging cover art and photography along with a redesigned table of contents.

"Our new tagline, 'Business, Strategy and Management,' succinctly sums up our focus," said Mike Prokopeak, vice president and editorial director. "We will provide readers critical insight into the business side of human resources — the deep and lasting strategies at play and management advice and analysis for making HR a more effective resource for organizational growth."

"Workforce sits at the intersection of business and the practice of HR, continually scanning the horizon for emerging developments and critical trends and analyzing and breaking them down for their implications for the management of human resources," he added.

The Workforce audience is composed of HR decision-makers and leaders responsible for core HR areas including benefits, compensation, talent acquisition, HR policy and administration, employee relations, performance and employee development.

###

For more information on Workforce, please visit www.workforce.com.

About MediaTec Publishing Inc.

MediaTec Publishing Inc. is a leading integrated media company serving the human capital, management and workforce development industries. MediaTec publishes Chief Learning Officer, Diversity Executive, Talent Management and Workforce magazines and operates the online industry resource HumanCapitalMedia.com. MediaTec leverages its award-winning editorial content with innovative integrated media products, including targeted e-newsletters, webinars, interactive websites, special print and online supplements, resource guides, industry research and conferences that bring together international audiences to network and discuss leading-edge strategy and best practices in the industry. MediaTec partners with recognized industry experts and provides thought-provoking feature articles, news, opinions and insights through its award-winning publications, events and e-media. Each MediaTec product gives readers the business intelligence and knowledge they need to succeed in new and changing markets.

Contact:
Taylar Ramsey
Marketing Coordinator
MediaTec Publishing Inc.
(312) 676-9900 ext. 208
tramsey@humancapitalmedia.com

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Fired News Reporter Shea Allen Illustrates the Meaning of ‘Profersonal’ for Today’s Workers

It’s been about a year since I first wrote about the disappearing line between the professional and personal online. Jason Seiden, the co-founder and CEO of Ajax Workforce Marketing, calls it profersonal, social media’s intertwining of our professional and personal personas.

The Today Show brought us a textbook example. Shea Allen, a Hunstville, Alabama, television news reporter, lost her job because of a post she wrote on her personal blog. The post, entitled, “No Apologies: Confessions of a red headed reporter,” included the following:

  • I’ve gone bra-less during a live broadcast and no one was the wiser.
  • My best sources are the ones who secretly have a crush on me.
  • I am better live when I have no script and no idea what I’m talking about.
  • I’m frightened of old people and I refuse to do stories involving them or the places they reside.
  • I’ve taken naps in the news car.
  • If you ramble and I deem you unnecessary for my story, I’ll stop recording but let you think otherwise.

That an employee was fired for something she posted on her personal blog is not necessarily newsworthy. However, it makes for an interesting juxtaposition with a recently published report on business ethics and social media.

According to the National Business Ethics SurveyÂŽ of Social Networkers:

  • 79 percent of social networkers (defined as an employee who has an account on at least one social network) consider how their employer would react before posting something work-related on a personal social networking site.
  • 64 percent consider how their employer would react to personal information posted to a personal site.
  • 26 percent believe it is acceptable to post about their job even if they do not identify their employer.

It is comforting to read that nearly 8 out of 10 social networkers consider their employer before posting. Yet, when one considers that according to the Today Show, 53 percent of Americans side with Shea Allen and feel that she shouldn’t have lost her job, it is clear that there still is work to be done in educating employees about what it means to profersonal.

Thus, I’ll leave you with my words on this topic from one year ago, which bear repeating:

Employees need to realize that anything they say online can impact their professional persona, and that every negative or offensive statement could lead to discipline or termination (even if employers can overreact in these situations). Until people fully understand that social media is erasing (has erased?) the line between the personal and the professional, these issues will continue to arise. It is our job as employers to help educate our employees about living in a “profersonal” world.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Jon at (216) 736-7226 or jth@kjk.com. You can also follow Jon on Twitter @jonhyman.

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What to Look for in the Coming Year From the EEOC

Yesterday, I had the pleasure of speaking on social media at ACI’s Employment Discrimination Conference in New York City. One of the benefits of speaking at such an event is the ability to hear the other great speakers. Yesterday was no exception.

The conference’s keynote speaker was Constance Barker, one of the Equal Employment Opportunity Commission’s two Republican Commissioners. She was thoughtful and eloquent in sharing her personal opinion on the direction of her Agency.

One of the highlights of her remarks was the sharing of four issues on the Agency’s radar that she expects will appear as formal, written Enforcement Guidance in the coming year.

Needless to say, the EEOC’s activism is not going away (at least between now and 2016). Employers need to keep an close eye on these issues as the develop in the future at the Agency.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Jon at (216) 736-7226 or jth@kjk.com.

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How Do We Design a Training Roadmap for Our Company?

Dear Growing with Gusto:

You are right on target with your thinking. The investment in training that an organization makes shows employees they are valued and that they are part of a supportive workplace. Employees who feel appreciated and challenged through training opportunities feel more satisfaction toward their jobs, making them more committed, loyal and engaged.

A training roadmap prepares employees for the next level of their careers. It arms them with the skills they need in order to make positive contributions to their organization and builds their confidence along the way. A training roadmap helps individuals grow personally and professionally.

Before you get started mapping out the roadmap, you will need to determine if your framework is for all employees or for certain employees once they reach a certain level. You may want to start with supervisors and above as this sector of your population will likely be where you fill your pipeline from. You will also need to determine what method training will be offered: formal classroom training, e-learning, developmental assignments, self-directed activities or a combination.

Each managerial level should have specific performance objectives as well as a specific set of core competencies developed for each level. Competencies are observable and measurable skills, knowledge, abilities and characteristics.

In addition to the core competencies, organizations should also add common learning experiences that individuals can gain skills in for their particular leadership level.

Be mindful that when assessing individuals for training, it doesn’t matter what department they are in. We aren’t talking about specialized, technical training that is specific to their area (like IT or accounting). We’re talking about training in the skills that are crucial for all supervisors, regardless of their subject matter expertise.

Remember that development really only happens via a partnership between the employee and the manager. No one can really “develop” someone else, without that individual’s intentional participation.

It will be important to determine which individuals want to be a part of your journey. Beginning with an assessment to determine where the individuals are today is a good starting place. From there, weave your way through their (and your) objectives, identify learning experiences, schedule course options, identify target dates, determine cost and support and finally, how the objectives links to the organization’s vision, mission and strategic plan. All are important steps for an individual’s career development as well as your organization’s growth.

Source:  Margaret Walker, Futuresense, Inc., Costa Mesa, Calif., July 10, 2013

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The Centenarians Cometh: Working to 100 and Beyond

To live—and work—to a ripe old age …

As you know, age is increasingly becoming an issue in the workforce. Many baby boomers who are approaching retirement age aren’t looking to pack up their desks anytime soon—whether by choice or by necessity.  Working into your late 60s or early 70s is one thing, but working until 100 or beyond? That’s crazy talk, right?

Not necessarily.

I recently came across a headline that caught my attention: “Beloved Library Staffer, 100, Died of Carbon Monoxide, Smoke Inhalation.”

Tragically, Opal Reifenberg lost her life not from old age but from a fire that broke out in her home a few weeks before her 101st birthday. Indeed, according to the story, she had worked as a librarian at the Wilmette, Illinois, Public Library for almost 25 years, meaning she took the job in her mid-70s, a time when most people are well into their retirement. At the time of her death, she still worked 15 hours a week.

Today, people are living longer than ever, and that trend isn’t likely to reverse itself unless the obesity and diabetes epidemics get even worse.

Earlier this summer I saw a sign advertising Prudential insurance that provocatively said, “The first person to live to 150 is alive today.” Perhaps. But once you get past the obvious questions like: “Who would want to live that long?” you might start to think, “What if I live that long?”

It’s possible that working until 100 and beyond will become more common and maybe even inevitable if the government can’t figure out how to fund Social Security come 2040, people don’t start planning ahead for retirement and citizens continue to live longer, healthier lives.

According to a U.S. Census Bureau report issued in 1999, the projected number of people living to 100-plus is projected to rise to a surprising 265,000 by 2050. Even if only 5 percent of those people remain in the workforce, that’s still more than 13,000 workers over the age of 100 punching the clock at least a few days a week.

Of course, that’s assuming companies will hire or keep people that age on staff. There were just under 23,000 age-discrimination claims made with the Equal Employment Opportunity Commission in 2012. Who knows what that number might jump to in 2050? I could just hear a hiring manager in an interview say: “Says here you were a project manager, um, 50 years ago. Seriously? Next …”

When Opal Reifenberg was born in 1912, the average life expectancy for U.S. women was about 56 years old compared with about 81 today. One 2009 study predicted that women’s life expectancy would reach 89 to 94 by 2050 and 83 to 86 for men.

It caught me off-guard at first that someone Reifenberg’s age would still be working, but perhaps it shouldn’t have. She was not alone as a hundred-something in the workforce. People like Reifenberg, Rosa Finnegan and Jim Clements all kept working and are continuing to work after hitting the century mark. My great-great-aunt Rose lived until almost 103, according to government records—although our family thought she was four or five years older than that—and while she didn’t work later in life, she was very active until the last couple of years of her life.

People are living longer, and the workforce is going to have to accommodate that. For some people, working and being active is like the fountain of youth. It keeps them young.

As comedian George Burns, who lived to be 100, once said, “Age to me means nothing. I can’t get old; I’m working. I was old when I was 21 and out of work.”

And who could argue with the man who played God?

James Tehrani is Workforce’s assistant managing editor. Comment below or email editors@workforce.com. Follow Tehrani on Twitter at @WorkforceJames.