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Category: HR Administration

Posted on September 3, 2010August 9, 2018

GMs New CEO Meets With UAW Leaders, Says Lets Work Together

New General Motors chief executive Daniel Akerson, in his second day on the job, said Thursday, September 2, in a Labor Day greeting to GM’s 80,000 employees in the U.S. and Canada that he recently had a get-acquainted meeting with United Auto Workers president Bob King and the head of the union’s GM department, vice president Joe Ashton.


After the meeting at UAW headquarters in Detroit, Akerson said the leaders concluded that “while we will not always see eye to eye on everything, GM will succeed to the extent that management and labor work together.”


The note was posted on GM’s internal websites and distributed to the automaker’s plants. It was directed at all U.S. and Canadian employees, including 52,000 hourly workers represented by the UAW.


GM spokesman Tom Wilkinson confirmed the authenticity of the letter obtained by Workforce Management sister publication Automotive News.


Akerson, 61, officially took the helm of GM on Wednesday, succeeding Ed Whitacre, who will retire as chairman by the end of the year.


GM won major concessions from the union as part of its government bailout last year. And the automaker faces master negotiations with the UAW next year when a four-year contract expires in September 2011.


King said recently that the union intends to restore some of those concessions as GM, Ford and Chrysler recover and become more profitable.


Akerson wrote the note to thank workers for their efforts. He especially saluted them for working through the summer when the automaker normally would shut down for model changeovers.


“Many in the U.S. worked through the traditional summer downtime to keep our momentum going,” he said.


Akerson, who mostly guided telecommunications companies during his pre-GM tenure, said he comes from a union family.


Wrote Akerson: “I know on a very personal level the good things that unions can do.”  


Filed by David Barkholz of Automotive News, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


 


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Posted on September 3, 2010June 29, 2023

Disability Disclosure vs. Privacy

She has fragile skin. Bruises and scars, hidden by clothing, cover her legs. And she suffers from chronic joint pain. “To meet me, you’d have no idea that I have any physical challenge,” says the Ernst & Young human resources coordinator who suffers from a connective tissue disorder. “The truth is that every day I am in pain—every day—and I just live through it.”


She is one of the scores of Americans with “invisible disabilities,” chronic health conditions that are not immediately obvious, such as diabetes and cancer, sensory impairments such as reduced vision, mental illness such as bipolar disorder and depression, and learning disabilities. The accounting and consulting firm asked that her name not be used to avoid discrimination by insurance companies or others. Those concerns underscore the challenges that employees with non-visible disabilities face when balancing privacy with disclosure.


No study has identified how many Americans have non-visible disabilities, but more than 18 percent of Americans report some level of disability, U.S. Census data show.


Ernst & Young introduced a handbook in July to provide a basic level of understanding of non-visible disabilities among employees in hopes of fostering an environment “where everybody is limited only by talent, skills and energy,” says Lori Golden, who leads AccessAbilities, Ernst & Young’s initiative to build an inclusive work environment. “We really want others to get educated about this so we can all do it better.”


The 17-page handbook defines terms such as “disability,” “non-visible disability” and “reasonable accommodation”; explores the pros and cons of disclosure; and addresses questions that employees with disabilities and their managers might have about how much information to share, how to handle questions about accommodations from co-workers, and how to deal with resentment or backlash from colleagues who perceive an accommodation as special treatment. “One of the most difficult decisions an individual with a non-obvious disability has to make is whether to inform people or not,” Golden says.


Companies might not understand why employees choose not to disclose their disabilities. “Some employers feel like, ‘Why didn’t you tell me before?’ ” says Barry Taylor, legal advocacy director at Equip for Equality, which advocates for children and adults with disabilities in Illinois. “They don’t understand that you’re not required to disclose.”


Ernst & Young’s Golden sees risk in three areas—health, safety and performance—in not disclosing non-visible disabilities after being hired. “We feel that it’s really important that people with non-obvious disabilities understand that there are risks to not informing the organization about a disability,” Golden says. “If we don’t know that there is a disability at work and we haven’t had an opportunity to develop any accommodations and that person’s performance is not up to par, the disability does not afford protection.”


A recent study for the Kessler Foundation and the National Organization on Disability provides insight into why some workers choose to share information about their disabilities. The most common reasons: It was a visible disability (32 percent), it hurt job performance (33 percent) or the employee simply felt that others should know about it (49 percent), according to the survey conducted this year by Harris Interactive. Respondents could select more than one reason, so the total exceeds 100 percent.


Securing reasonable workplace accommodations, of course, requires open communication, says Kathleen Lee, project coordinator and business outreach specialist at Cornell University’s Employment and Disability Institute. “Reasonable accommodations are actually less about the law and more about just good common sense and about ensuring that employers enable employees to be productive in the workplace and maximize their potential.”


Ernst & Young’s handbook largely avoids traditional wording such as “disclosure” and “accommodation” in favor of “inform” and “adjustment.” Golden believes that “disclosure” implies purposeful concealment and that “accommodation” connotes a favor, whereas “adjustment” suggests a slight modification in how things are done. “We’re not trying to follow the dominant thinking but to shape it in ways that will work for our people and that will open up opportunities for people with disabilities in the wider marketplace,” she says.


Martha Artiles, global chief diversity officer for temporary staffing firm Manpower Inc., likes what she calls the forward-thinking terminology. She plans to adopt the handbook and share it with clients. “When you think about the fact that most people aren’t comfortable disclosing their disability unless they have to ask for an adjustment,” Artiles says, “they exist much more than we know.”


Workforce Management, September 2010, p. 3 — Subscribe Now!


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.

Posted on September 2, 2010August 9, 2018

MBA Oath How About an HR Oath

Where there’s a need you’ll find a provider. That’s how the free market works, and that’s how this reality holds true for ethics as well as widgets.


Case in point: More than 2,000 MBA graduates have taken an MBA oath of ethics. Modeled after the Hippocratic Oath, MBAoath.org calls for MBAs to do the right thing first rather than automatically deferring to the thing that benefits them most. As you might expect, the MBA oath is a predictable response to the Wall Street meltdown of the last couple of years.


Here are a couple of points from the oath that caught my eye:


• “I will manage my enterprise with loyalty and care, and will not advance my personal interests at the expense of my enterprise or society.”


• “I will invest in developing myself and others, helping the management profession continue to advance and create sustainable and inclusive prosperity.”


Did you say, “Wow!” after you read the entire oath? This kind of stuff always brings out the cynic in me—the one that says you could save some trees by simply saying, “I promise not to screw others, or at the very least, have reasonable assurance that they plan on screwing me before I attempt to screw them.”


Now, that’s an effective MBA oath, don’t you think?


It reminds me that what the HR profession really needs isn’t respect, more business savvy or better metrics. We need an oath.


With that in mind, I present the following HR oath for your consideration. The HR oath is designed to be taken when someone passes the PHR or SPHR, and by anyone else in our industry who believes in the content of the oath, but thinks the current HRCI certification system is bunk.


The HR oath
(My comments are in brackets following each pledge.)


I, (state your name), member of the HR community, promise to:


• Never say the phrase “seat at the table” again, unless I openly mock it and say it in the voice of the Church Lady or Samuel L. Jackson.
(I’m talking about the raised, agitated Samuel L. Jackson voice from “Pulp Fiction” or “Snakes on a Plane,” in part because he’s ultra-cool and always uses that voice in a way that makes you unsure whether he’s serious or not. It’s perfect for mocking this tired, overused phrase.)


• Avoid dumping 15 to 50 candidates I secured via the “post and pray” model on the hiring manager, then encourage her to “take a look and see what she likes.”
(It’s true. If your HR function is still dumping candidates to the hiring manager to get initial feedback, it’s time to put on your big-boy pants and take some risks by acting like your opinions and business knowledge might be as important as the hiring manager’s. Cut it down, pronto. Present three to five candidates you’ve already talked to, like a real recruiter.)


• Carve out two hours per week to do nothing but figure out a way for me to add value to the business.
(It’s nothing but you and a blank sheet of paper or a single blinking cursor on your laptop. What can you do that’s not currently being done that would help generate business results? The key phrase here is business results, not HR department results. There’s usually a difference, at least initially.)


• Refrain from spending my entire personal development budget on the always-challenging “Employment Law Seminar 20XX” for the sixth straight year. 
(Human nature suggests we migrate to what we are most comfortable with. Use your professional development spend to start chasing skills that make you feel totally incompetent when the training begins. That’s a sure sign you’re doing something of value that will pay off in the long run.)


• Speak up at the possible risk of my job when I see my boss or a peer doing something that blatantly runs counter to the people mission of our company.
(Not much else to say here, other than you have more leverage than you give yourself credit for.)


• Never own or wear a sensible pair of shoes that make me look like a fool.
(I’m being a bit elitist with this one, because everyone who knows me clearly understands I’m not wearing Armani to the office. I’m not asking you to look like a supermodel or Tom Brady, just that you to dress and care a little bit about your sense of style, at least to the level of whatever the mean is within your workplace.)


• Ship product regularly.
(If you don’t know what this means for an HR pro, the short take is creating and delivering something of value on a regular basis rather than just making sure the company HR trains run on time.)


• Give a crap every day.
(Or get out of the business, because you’re depressing the rest of us with your lack of effort, originality and game when you mail it in every single day.)


That’s it. If you’re in, simply signify your commitment to the HR oath by leaving a comment. If that’s too public for you, take the lighter approach and click the “recommend” arrow at the top of this article.


For those of you who take the HR oath, maybe we’ll get together at SHRM 2011 in Vegas and party. Either way, we’ve got a leg up on the MBAs. Our oath is more realistic—and more fun.


Workforce Management Online, September 2010 — Register Now!

Posted on September 2, 2010August 9, 2018

Your Employee Has Joined a Competitor Now What

The departure of an employee to pursue an opportunity with a direct competitor is not uncommon. Under California law, for example, it is neither wrongful nor illegal for an employee to join or start a competing enterprise, and thereafter to compete for his or her former employer’s customers and business. However, employees frequently (and sometimes unknowingly) cross the line from fair competition to unfair and actionable conduct in the process of making a career move of this sort.


The unexpected and/or unexplained departure of an executive, key employee or group of employees should almost always raise a red flag, particularly when an individual resigns to join a direct competitor. All three scenarios implicate the same threat: that of a competitor attempting to gain a business advantage through unfair and wrongful means.


The competitor may use one or more of the following tactics:


• Theft and misuse of trade secrets and proprietary materials
• Destruction of company assets and files
• Recruitment of employees by unfair means
• Disruption of business operations
• Interference with customer relationships


Identify wrongful conduct
There are a number of steps an employer can take in response to an employee departure. First of all, an employer should investigate the circumstances surrounding the departure and secure important evidence. Keep in mind that time is of the essence—delay will create a risk of lost, overwritten or deleted data and evidence, and will also provide the departing employee with the time and opportunity necessary to exploit his or her wrongdoing.


The following steps should be taken as quickly as possible after the employee’s resignation:


1. Secure the defecting employee’s computer and make sure no one uses it. It will be a primary source of information and evidence.


2. If the IT department recycles backup tapes, immediately suspend that practice to avoid overwriting critical evidence.


3. Check the office or workspace of the defecting employee for missing documents and files.


4. If the building has security cameras, secure or get copies of the tapes or electronic files.


5. Pull all relevant employment agreements, nondisclosure agreements and employment policies signed by the departing employee.


6. Interview co-workers. Quite often, someone has an ax to grind, e.g., an employee who wanted to leave with the departing employee(s) but was left behind, or who was asked to join the defecting employee(s) but chose not to do so. These will be very important witnesses.


7. If the departing employee is still on the premises, request an exit interview and the preparation of a memo summarizing the status of his or her pending projects.


8. Document any expenses and damages related to the departures, e.g., headhunter fees, lost employees, lost business.


9. Get an outside lawyer involved.


Key things to look for during this investigative phase include:


• Missing documents and files, as well as any other evidence that the employee has physically removed company property or information


• Evidence that data has been copied from a computer hard drive or server onto CDs, DVDs or portable storage devices, or has been sent to an online storage site


• Evidence that the employee began competing before he or she resigned, e.g., recruited co-workers or solicited clients


• Evidence of data destruction, e.g., indications that the employee engaged in the mass deletion of computer files or “scrubbed” a hard drive


Remedy the harm
Next, evaluate the company’s options. Ask the hard questions, e.g., has the company suffered any real harm? Even if the investigation fails to uncover any evidence of wrongdoing, it is still a good idea to send a letter reminding former employees of their obligations under any operative agreements and demanding the return of any materials they may still have in their possession.


If, on the other hand, you discover evidence that the employee engaged in wrongful conduct, you may need to take more aggressive measures such as a cease-and-desist letter, which may be used to demand the return of stolen materials and/or to demand that the former employee stop soliciting customers, recruiting employees and/or using confidential materials. Occasionally, exigent circumstances may warrant immediate litigation and an application for a temporary restraining order. All of these decisions will necessarily depend upon the results of your investigation and consultation with your litigation counsel.


In the event of litigation, choose your claims wisely. The removal of documents and materials by a departing employee may or may not constitute trade secret misappropriation, depending upon the nature of the information taken and the method by which it was removed and used by the former employee. Be aware that bringing a cause of action for trade secret misappropriation in bad faith, or purely anti-competitive purposes, can result in liability for the defendant’s costs and attorney fees.


Be proactive
It is always a good idea to evaluate the things the company can do before a departure to minimize the harm that a departing employee can potentially inflict, and to maximize its chances of prevailing in the event of litigation:


• Review and update employee policies and handbooks.


• Put key employees and executives under contract, if appropriate.


• Identify the company’s trade secrets.


• Ensure that the company is taking steps consistent with those used by others in the relevant industry to maintain the secrecy of its confidential information, e.g., password-protected computer networks, “confidential” stamps and footers on sensitive documents, and locked file cabinets.


Taking care of these things proactively will pay huge dividends down the line.


Workforce Management Online, September 2010 — Register Now!

Posted on August 17, 2010August 9, 2018

Dear Workforce How Do We Establish Realistic Goals for New HR Metrics

Dear Shooting High:

Setting up metrics for human resources is a big step toward becoming a high-performing organization. Research shows that companies using talent management metrics are far more likely to perform well in the marketplace.

But what things do you measure? It depends on your company’s size, its ability to capture meaningful data, and the goals established both for HR and the organization as a whole. Finding out from your internal customers where you stand, and then setting goals to strengthen the perception of HR as a service provider, is a logical place to start.

It also pays to think more broadly about measuring your company’s overall talent management. You can learn a lot by looking at your hiring process. How quickly positions are filled is only one way to look at hiring. Take it up a level and examine how well you fill open positions. To determine this, check the performance ratings of newly hired workers at 12 months. Then set a goal to improve the performance of new employees through more effective hiring processes, and measure new-hire ratings periodically to see how the company is faring. This takes the perspective off HR as a business partner, and gets the rest of the organization to “own” the process and align itself behind talent management.

Or you could look at turnover rate. It is easy enough to see changes in this number over time, but tracking “regrettable” turnover—employees who left whom you longed to retain—and setting goals to reduce that number through better management of talent will produce better organizational results.

To use metrics to become a top-performing company, keep in mind a few guidelines:

• Start by looking at your current workforce metrics. Can you organize your measures so they support one another and work together to create a coherent story? Can you explain how things work now by looking at the trend lines? Can you explain how improvements in one area lead to improvements in other areas?

• Determine what you want to accomplish. Work with senior management to help them understand HR metrics. Get their input to be sure your metrics align across the company. You will need to put resources behind the task of calculating the metrics you intend to watch, such as quality of hire or “regrettable” termination rate, so be sure to explain what you will measure and how you will measure it. Help your management to understand and buy into the concept of metrics.

• Put a plan in place to improve your metrics over time. Be aware that setting goals is rarely a 100 percent proposition. More likely, your goals should be based on where you are now, and where you reasonably hope to be as a result of planned improvements. This implies goals for continuous improvement. By working with senior management at the front end, you will be more successful in engaging managers across the organization in reaching improvement goals.

• Communicate results in a way the people can understand. Skip the heavy quantitative charts and paint a clear, simple picture so your metrics have meaning and impact. Publish success stories in your company newsletter. Focus on programs and actions that are making a positive difference to the company’s success. Show how things are changing for the better through the use of measurement.

SOURCE: Patsy Svare, managing director, the Chatfield Group, Northbrook, Illinois, July 6, 2010

LEARN MORE: Please read how to compare your company’s HR metrics against numerous widely respected benchmarks.

Workforce Management Online, August 2010 — Register Now!

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.

Ask a Question
Dear Workforce Newsletter
Posted on August 16, 2010June 29, 2023

Measuring Health Risk Surveys vs. Screening

When the city of Fort Worth, Texas, launched its wellness program in 2002, officials decided to take two different snapshots of their employees’ medical risk.


Since then, participating employees—54 percent of the city’s nearly 6,400 workers volunteered in 2010—have been asked to fill out a health risk assessment survey each spring. At the same time, they complete a battery of screening tests, including weight, blood pressure and cholesterol.


“One [screening method] without the other just is not as effective,” says Vicki Tieszen, the city’s wellness program manager. Without knowing an employee’s risk factors and willingness to change—all part of the health assessment—it’s difficult to make health recommendations, she says. Relying solely on a survey, though, also has its drawbacks, Tieszen says: “You won’t have any hard numbers in terms of looking at improvements.”


As employers ramp up or expand their wellness efforts, they frequently encounter this dilemma. Do they rely on what employees tell them about their weight, blood pressure and other risk factors? Or do they ask them to stand on a scale and roll up their sleeves?


Advocates for taking employee measurements, sometimes referred to as biometric screening, describe the data as critical to tracking employee health trends, along with allaying any worries about accuracy. Employees may simply not know their own blood pressure, they say, or may sugarcoat the memory of their most recent doctor’s visit. “We tend to give ourselves the benefit of the doubt,” says Adam Hobgood, manager of translational research for the Center for Health Research at Healthways Inc., which works with employers on wellness initiatives.


But not all experts agree—among them Dee Edington, one of the leading researchers in corporate wellness efforts. Based on Edington’s own experience with corporate initiatives, he describes self-reported risk factors as largely reliable, albeit not exactly precise. Individual reporting of weight, for example, is typically only one body mass index (BMI) unit off, say a 24 BMI versus a reality of 25 BMI, he says. That discrepancy translates to roughly seven pounds.


“What we’ve found is that if people trust that nothing is going to happen and they have a good trust in the system, that they are accurate,” says Edington, director of the Health Management Research Center at the University of Michigan. Plus, surveying health risk is far cheaper than hiring clinicians to measure it. Taking physical measurements can cost $20 to $60 per employee, depending upon the number of tests and the complexity of the testing involved, Edington says.


Reporting vs. numbers
Even so, some companies might benefit from biometric screening, if they can afford the additional cost, Edington says. As one example, he cites an employer with a disproportionate number of middle-aged men. Since that group is less likely to get routine preventive checkups, they’re more ignorant about their own risk factors and thus could benefit more from screening, he says.


At Devon Energy Corp., leaders decided that they needed more precise data about employee health so they could better tailor wellness programs and initiatives, says Sue Alberti, vice president of compensation and benefits for the Oklahoma City-based company. Some employees were a bit startled by the results, such as the reality of their waist size.


“Especially some of the men who have their pants-below-the-waist problem,” she says. “If it’s lying, it’s more like fooling themselves. The problem with fooling themselves is they are the only ones who are hurt down the line.”


Hobgood, the researcher at Healthways, co-authored a study published this year in the American Journal of Health Behavior that found sharp differences between reported and actual risk factors. As one example, 3.5 percent of 5,403 employees surveyed described their total cholesterol levels as higher risk—defined as 221 mg/dL or higher by the study. Nearly one in four employees—23.3 percent—actually fell into that group based on their cholesterol results.


But Fort Worth’s Tieszen doesn’t fret much about imprecise results. Employees can be sometimes startlingly forthright once they trust that their job won’t be affected, she says: “People will write down that they drink and drive.” An analysis of March 2010 employee data, provided by Tieszen, found only a minor discrepancy between several self-reported risk factors and actual measurements, with the exception of cholesterol levels.


For both blood glucose and blood pressure, less than 4 percent of employees who classified themselves as low or average risk actually fell within the high-risk category. For cholesterol, the split was greater. Twenty-four percent of employees, who described their risk as low or average, were considered to be high risk based on a total cholesterol count of 200 mg/dL or greater.


Weighing the bottom line
Prior to hiring Cooper Corporate Solutions last year, Devon Energy officials had primarily relied on health survey results, Alberti says. But the consultants at Cooper recommended that they attempt to boost the number of employees—less than 25 percent at the time—who also were getting weight and other risk factors measured.


In fall 2009, Cooper launched a series of on-site meetings, visiting some two dozen Devon Energy locations to tell employees about why they were doing the more intensive health assessment and to outline how employee privacy would be protected. “We stood in front of [employees] and said, ‘Look, it’s against the law for us to share your information,’ ” says David Atkinson, Cooper’s vice president of corporate wellness. “ ‘It’s against the law for us to use your responses in order to deny you employment or to change your employment status.’ ”


Employees also were notified that their health insurance premiums would be going up, but that the 2010 premium increase could be partially offset—by $30 monthly—for employees who did both the health assessment survey and the biometric screening.


More companies are adopting such financial incentives. By early 2010, 22 percent of large companies were offering an incentive for employees who completed both the health survey and the biometric screening, according to a survey conducted by the National Business Group on Health and Towers Watson & Co. An additional 19 percent were contemplating the move.


Officials at Devon Energy also took some steps to make employees comfortable with the health measurements, such as providing private screening areas, Alberti says. Following the measurements, employees received immediate feedback on the results. By year’s end, 90 percent of the energy company’s roughly 4,000 U. S. employees had participated, according to Cooper.


The biometric screening wasn’t cheap, costing $78 per employee, according to Alberti. But it was money well invested, she says, and the company’s senior leaders didn’t hesitate. “I didn’t have to make a big case,” she says. Now that data can be tracked moving forward to assess not only changes in health risk, but whether the company’s medical costs shift over time.


The city of Fort Worth, which also hired a third-party group to take employee measurements, spends nearly $98,000 annually for that staff time and related lab work, according to Tieszen. The health survey portion costs slightly more than $15,500, she says.


In calculating return on investment, Tieszen points to the city’s medical claims. In the last five out of six years, employee medical costs have fallen below the budgeted annual amount by at least $2 million and, at the outside, by as much as $18 million, she says.


Other factors likely played a role, including changes in insurance benefit design, she says. But heightened health awareness, tied to closer scrutiny of risk factors, is undoubtedly part of that equation, she says.


Workforce Management Online, August 2010 — Register Now!

Posted on August 13, 2010August 9, 2018

Worker Can Pursue Pregnancy Bias, ADA Claims for Transfer

A pregnant welder who was transferred from her job can pursue pregnancy discrimination and Americans with Disabilities Act claims, a divided federal appeals court has ruled in largely overturning a lower court decision.


However, a panel of the 6th U.S. Circuit Court of Appeals in Cincinnati upheld the lower court’s ruling in Heather Spees v. James Marine Inc. and JamesBuilt L.L.C. that dismissed Spees’ claim that her subsequent termination also constituted pregnancy discrimination.


According to the 2-1 ruling Tuesday, August 10, Spees was hired in 2007 to work as a welder at Paducah, Kentucky-based JMI’s JamesBuilt facility, which focuses largely on building deck and tank barges, towboats and dry docks for the river-shipping industry. At the time, only four of JMI’s 935 nonoffice positions were female and Spees was the only female assigned to the JamesBuilt facility.


She discovered she was pregnant shortly after she started the job. First she was transferred to the tool room on the day shift, which, unlike welding, does not require special training. About a week later, she was transferred to nights in the tool room. After her doctor said she needed bed rest for the remainder of her pregnancy, she was terminated and told the reason was “for being pregnant,” according to the opinion.


Spees sued in April 2008, alleging pregnancy discrimination on the basis of her transfer and termination, as well as disability discrimination.


In reversing the lower court’s ruling on pregnancy discrimination for the transfer, the majority on the appeals court panel said, “As a whole, the evidence is sufficient to raise a genuine issue of material fact as to whether JMI management, rather than undertaking an objective evaluation to determine whether Spees could perform the welding job while pregnant, instead subjectively viewed Spees’ pregnancy as rendering her unable to weld.


“This would allow a reasonable jury to find that JMI’s decision to transfer Spees was made out of concern for her pregnancy and the well-being of her unborn child rather than because Spees was unable to perform her job as a welder. Such concerns, though laudatory, do not justify an adverse employment action,” the majority said.


However, the court agreed that the summary judgment dismissing her claim that she was terminated because of her pregnancy was proper, because Spees voluntarily submitted a doctor’s note to her employer advising her to have bed rest for the rest of her pregnancy.


On the ADA claim that the lower court had dismissed regarding her transfer, which the appeals court overturned, the 6th Circuit said there was “evidence that JMI regarded Spees as having an impairment.”


The case was remanded to the lower court. 


Filed by Judy Greenwald of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


 


Stay informed and connected. Get human resources news and HR features via Workforce Management’s Twitter feed or RSS feeds for mobile devices and news readers.

Posted on August 13, 2010August 9, 2018

The Last Word Our Mission

Welcome to the start of a new journey for Workforce Management.


I am just settling into my position as Editor, so this issue of the magazine was well under way before I arrived. But even in these pages, I have worked with my staff to shape and fine-tune stories to ensure that they are sharply focused, descriptive and insightful. I plan to build on Workforce Management’s heritage by bringing even more depth, creativity and discipline to the magazine, website and e-newsletters. I want our writers to be enterprising and to report richly detailed, timely stories about trends and innovations that will help you manage your workforce.


In this issue, Ed Frauenheim’s vivid piece on American Express reflects the kind of storytelling you can expect to see regularly. We will show you how companies are managing their workforces, not simply tell you. Ed takes you inside the company’s customer call center in Phoenix and shows how new talent management practices are changing the culture and motivating employees to deliver outstanding customer service.


We also plan to conduct more original research and enhance our website both in content and design. Although I grew up in the newspaper business, I am enthusiastic about new ways to communicate and have avidly participated in podcasts, online videos and webinars, as well as created my own website. Yet even as the publishing world evolves in new directions, I believe content will remain king—whether the medium is print, digital or some as yet unknown technologies. People will always be hungry for illuminating information that puts their world in perspective and provides solutions and best practices.


Now that the economy is slowly reviving, executives and managers face immense challenges in attracting and retaining talent. Among the pressing issues we will regularly address in Workforce Management: how to recruit and manage demanding Millennials as baby boomers walk out the door—or get pushed out; how to groom top performers for leadership roles; how to accelerate the drive toward greater diversity, especially in the upper management ranks; how to re-engage disaffected employees and cultivate at least some degree of loyalty after this bruising recession; how to help employees achieve balance in their work and personal lives, while still minding the store; how new technologies and outsourcing could make HR operations leaner and more agile.


I have been closely following workplace issues since my days at The Wall Street Journal when I interviewed dozens of HR professionals and senior executives about such topics as the challenge of finding candidates with strong communication skills and transforming managers into leaders. While writing my book The 18 Immutable Laws of Corporate Reputation, I learned about the critical role employees play in reputation management and the galvanizing effect of a stellar reputation on workers’ performance. I became even more immersed in workforce issues when I researched my book The Trophy Kids Grow Up: How the Millennial Generation Is Shaking Up the Workplace. I discovered just how daunting the mix of four generations is proving to be and how some companies are creating more harmony between the Millennials and their elders. You will notice that several articles in this issue touch on the Millennial Generation—your future workforce.


Soon after I became editor of Workforce Management, I had dinner at an Asian restaurant in Chicago and found this message in my fortune cookie: “You have a great ability to focus on the big picture and not get lost in the details.” I will indeed keep my eye on the big picture, but in journalism details matter too. So I will also be vigilant about the content of every article and will always strive for accuracy, fairness and balance. We will provide expert interpretation and analysis backed by thorough reporting and will never let personal opinions seep into articles. Finally, I want to hear from you in letters, e-mails and comments on our increasingly interactive website. Throughout my career, I have valued readers’ reactions to my work. In fact, it was the strong reader response to a newspaper column I wrote about the Millennial Generation that inspired me to undertake The Trophy Kids Grow Up. So get in touch—and consider meeting me virtually on September 15 for a webcast about managing the Millennial Generation.


Workforce Management, August 2010, p. 34 — Subscribe Now!

Posted on August 11, 2010August 9, 2018

Illinois Bars Job Discrimination Based on Credit History

Illinois Gov. Pat Quinn has signed into law a bill that prohibits employers from discriminating against employees on the basis of their credit history.


H.B. 4658, the Employee Credit Privacy Act, takes effect January 1, 2011. It says employers can neither inquire about nor refuse to hire, discharge or otherwise discriminate against workers on the basis of their credit reports.


The bill the governor signed into law Tuesday, August 10, also forbids retaliation or discrimination against those who file a complaint under the law. Individuals injured by violation of the law can file a civil action in circuit court.


Businesses that are exempt from the law include insurers, banks and law enforcement agencies. In addition, the law does not apply if a satisfactory credit history is an “established bona fide occupational requirement,” such as jobs in which state or federal law requires bonding or in which duties include access to cash or assets valued at $2,500 or more.


“A job seeker’s ability to earn a decent living should not depend on how well they are weathering the greatest economic recession since the 1930s,” Quinn said in a statement. “This law will stop employers from denying a job or promotion based on information that is not an indicator of a person’s character or ability to do a job well.”  


Filed by Judy Greenwald of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


 


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Posted on August 3, 2010August 9, 2018

Dear Workforce What Are the Advantages and Disadvantages of Outsourcing Our Payroll Function?

Dear Both Pro and Con:
History actually provides some great lessons on the potential impact of a decision such as this. The health insurance savings benefit is only one potential value of this arrangement. The reduction in overall administrative costs stemming from having 50 fewer employees also would be sizable. Organizations that have outsourced employees, along with services, can realize cost savings and potentially some enhancement in services through expanded service capabilities—but you asked about possible downsides.

This particular outsourcing model, often referred to as “takeover outsourcing,” would have a profound effect on both the organization and the employees personally involved in this transition for several reasons. First, this type of transaction would normally require that you terminate these employees in order to “move” them to the new organization. Invariably when employees “lose” their identity as part of the company, there is a significant change effort for all parties. Even in the most benign “co-employment” scenarios, payroll staff must make the mental shift from being part of the organization to becoming service providers for the organization.

Second, many organizations that expect significant changes in performance often find deterioration due to the transition of people and a variety of factors that affect employee performance during this time. The following table summarizes many of these benefits and potential risks.

Pros Cons
Benefit cost savings Risk of the rebadged employee leaving and a reduction in service potential and institutional knowledge. Two immediate factors drive this deterioration: employees who leave because of the transition event, and future efforts of the outsourced payroll organization to reduce headcount.
Familiarity with client payroll Risk of losing the personal touch and “ownership” of employees versus contractors over the course of time.
G&A cost reduction (reduced headcount, facilities, overhead tied to 50 payroll people) What happens to the cost over time? Will the outsourcing fees increase to minimize the savings? Have service-level agreements, or SLAs, been established to guarantee similar levels of staffing, response time and interaction/resolution quality?
Are there any contractual limitations that allow the vendor to change delivery locations? Many vendors are looking to move back-office calculations and processing offshore to realize additional cost savings. What provisions do you have that would restrict this type of additional transition and potential future reduction in headcount?
What is the retained work that your own organization will still have to own? It is important to include the cost of retaining some expertise in your organization to manage the outsourcing relationship and governance process.
Remember that additional services outside of the “normal” payroll operations will likely carry with it a transaction fee or project cost. This often includes such items as:

• Mass salary changes
• Exception processing
• Special projects
• Off-cycle adjustments
• New-hire reporting
• CPI adjustments
• Volume (population) changes

As you consider potential savings, it is very important to carefully consider the potential out-of-scope costs that typically alter the value proposition significantly.

At their worst, “lift and shift” transitions move problems and inefficiencies from one organization to another. Although time (and turnover) may fix some of those things, the challenge here is determining the real value proposition. What is it that the outsourcer will be able to do that your company could not do, other than the removal of some overhead costs? Are your organization’s processes and policies ready for outsourcing? Generally it is advisable to consider the people, process and technology opportunities that your organization can realize as part of making your organization “outsource ready”—and then evaluate any potential gains that can only be realized by actually transitioning to an external vendor.

SOURCE: Daniel Vander Hey, Towers Watson & Co., Houston, June 3, 2010

LEARN MORE: A recessionary economy is prompting companies to consider outsourcing for staffing and other functions.

Workforce Management Online, August 2010 — Register Now!

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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