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Posted on February 7, 2008June 29, 2023

Bridging the Generation Gap How to Get Radio Babies, Boomers, Gen Xers and Gen Yers to Work Together and Achieve More


Worksheet: Calculating Turnover Costs


Turnover Ratio: The number of employees who left, divided by the average number employed per year.
Separation Costs
Interviewer’s time (hours spent x hourly rate*)$
Terminated employee’s time (while on payroll: hours spent x hourly rate)$
HR administrative functions (terminated paperwork: hours spent x hourly rate)$ 
Separation pay$ 
Total separation costs$ 
*Include benefits in the hourly rate.$ 
  
Replacement Costs
Advertising$
Internal communications (development time x hourly rate)$
Interview time (hours spent x hourly rate for interviewer)$
Administrative functions (typing, copying: hours spent x hourly rate)$
Applicant testing (such as validated aptitude tests)$
Applicant travel expenses$
Applicant relocation expenses$
Total replacement costs$
  
Training Cost
Employee workbooks (printing + time for development x hourly rate)$
Orientation(s) (new employee time + staff time x hourly rates)$
On-the-job training (employees’ time x hourly rates)$
Total training costs$
  
Separation + Replacement + Training =

 $


Per Employee Cost 
(total costs ÷ number left in the company) =

$


Source: (The Career Press, 2007) 

Posted on February 5, 2008June 27, 2018

PBGC Increase, New Savings Accounts in President’s 2009 Budget

President Bush announced a legislative proposal Monday, February 4, allowing the Pension Benefit Guaranty Corp. to raise premiums it charges underfunded pension plans.


The proposal, included in the president’s fiscal 2009 federal budget, is aimed at helping the agency close a $13.1 billion deficit in its single-employer program, according to the budget. The proposal was originally advanced by Bush in 2005 as part of his comprehensive pension reform plan but was not included in the Pension Protection Act of 2006; it was also included in the fiscal 2008 budget but failed amid opposition from pension plan industry lobbyists.


The 2009 budget also includes a series of proposals previously presented by Bush that would simplify the rules applied to a variety of defined-contribution plans and other savings plans. Among other things, the proposals would consolidate 401(k), SIMPLE 401(k), SARSEP (salary reduction simplified employee pension), thrift, 403(b) and governmental 457(b) plans into a new “employer retirement savings account.”


The account would be subject to the same rules that generally apply to 401(k) plans. The retirement plan proposals, included in previous presidential budgets, have also failed to go anywhere because key lawmakers were concerned the accounts could undermine the current employer plan system.


“I really haven’t seen anything new in here [the president’s 2009 budget], and we don’t think these proposals will see any significant action this year,” said Ted Godbout, a spokesman for the ERISA Industry Committee in Washington.


The president’s budget also proposed a 6 percent increase in funding for the Department of Labor’s Employee Benefits Security Administration, to $147.9 million. The increase is intended to let EBSA “increase the quality, timeliness and transparency of pension information disclosed to the public and employees, as well as to maintain the strong enforcement record of recent years,” according to a Labor Department press release.


This story was originally filed by Pensions & Investments, a sister publication to Workforce Management. To comment, e-mail editors@workforce.com.

Posted on February 5, 2008June 27, 2018

CareerBuilder Super Bowl Spots Fare Poorly in Poll

A weak showing in last year’s USA Today Super Bowl Ad Meter got (or, depending on whom you believe, contributed to getting) CareerBuilder’s agency, Cramer-Krasselt, fired. So, does a significantly worse showing in this year’s survey mean that the online job site’s new agency, Wieden & Kennedy, ought to be worried?


Wieden’s debut spots for CareerBuilder, which kicked off a new campaign dubbed “Start Building,” placed 39th and 47th in USA Today’s annual popularity contest. The best of C-K’s three “Office Jungle” spots last year finished 16th, and its top “Office Monkeys” spots rated 11th and fourth, respectively, in 2006 and 2005.


CareerBuilder also aired a third ad on Fox after the game. A spokeswoman said CareerBuilder and Wieden jointly determined that the other two spots were more relevant to the Super Bowl audience.


Asked about the Ad Meter results, a CareerBuilder spokeswoman said Wieden was safe, adding: “We’re very excited about this campaign.”


She also maintained that the Ad Meter was not the sole criterion in C-K’s firing last year. “The whole decision wasn’t based on the poll or any single factor.”


Spat with C-K
That claim, of course, contradicts C-K chief executive Peter Krivkovich, who made a stir last winter when he quit the CareerBuilder business in a huff after, he said, he was told the account had been placed into review solely because of the Ad Meter results. “There are a few times in your life when you have to tell someone to [expletive] off and mean it,” he said at the time.


The spat kicked off a discussion within the business about the relative merits of day-after-game polls. Critics contend that the polls measure nothing except likability and are therefore useless to sophisticated marketers. But proponents say winning the so-called Ad Bowl—as Anheuser-Busch just did for the 10th straight year—is a priceless PR coup that extends the value of ads that cost as much as $3 million per 30 seconds.


Asked about the most recent poll, Krivkovich at first played coy.


“Oh, were they in the game this year?” he asked, before conceding with a chuckle that he’d seen the latest Ad Meter results. “I was sitting on a plane going through the papers, and I have to say, it was interesting.”


Filed by Jeremy Mullman of Advertising Age, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.

Posted on February 5, 2008June 27, 2018

Vurv Sees Promise in Pay for Potential

HR software company Vurv Technology has high hopes for a soon-to-be-released version of its performance management software. Some analysts are already applauding the company for wrapping the new concept of “pay for potential” into the application.


    But it remains to be seen whether Vurv Perform 4.0 will propel the firm into the top tier of performance management vendors—or if the product will help the low-key company compete against high-profile rivals in the red-hot realm of talent management software.


    Jim Holincheck, analyst at research firm Gartner, says Vurv may struggle if it doesn’t take such steps as raising more venture capital or going public, given that it is up against well-financed competitors. Last year, for example, rival SuccessFactors raised $108 million in an initial public stock offering. Jacksonville, Florida-based Vurv, founded in 1996, has raised a total of $30 million.


    A “bunch of vendors” are trying to become the top two or three in talent management and not all of them will succeed, Holincheck says. “My concern with Vurv is whether or not they have the resources to make it into the top tier compared to some of their competitors.”


    Kevin Marasco, senior vice president of marketing for Vurv, declined to discuss any possible plans for an initial public offering or additional venture funding. But he said the 330-employee company is determined to get to the head of the pack. “We’re absolutely committed to being a leader in the talent management technology space,” Marasco says. “We’re poised to leapfrog competitors in the market.”


    The talent management software market refers to tools for key HR duties such as recruiting, performance management, compensation and employee development. Talent management applications are among the fastest-growing products in HR software, which is itself the fastest-growing category of business software.


    Thanks to factors including fear of talent shortages, revenue from human capital management applications is slated to rise from $6.3 billion in 2006 to $10.6 billion in 2011, according to AMR Research.


    Some 20 vendors of talent management tools have a common mantra: integration. That is, they typically claim close links between a number of component applications for the purposes of more efficient operations, new insights and, ultimately, a better bottom line.


    Despite the promises, talent management as a field has room to improve. Research firm Bersin & Associates found organizations with multiple applications from the same vendor report that their talent management systems offer just slightly better than “fair” assistance toward key talent goals such as retaining top performers and ensuring quality of hire.


What’s in a name?
   Vurv was called Recruitmax until early 2006, when it changed its name. Company founder and CEO Derek Mercer says the new moniker stemmed in part from a desire to capture the culture of the firm. Vurv is derived from “verve,” meaning vitality and liveliness. The name change also signaled that the firm had expanded beyond its origins as a recruiting software vendor.


    Acquisitions have played a key role in the evolution of Vurv. It has gobbled up compensation management software firm InfoTechWorks, job competencies specialist InScope and performance management software maker KnowledgePoint. Last year, Vurv said it acquired People Business Network, whose applications are designed to help companies with such activities as layoffs and mergers.


    Marasco says Vurv has been working hard to tie its various applications together. And he says Vurv Perform 4.0—due by the end of March—is a product of those efforts. “It’s leaps and bounds for us,” he says.


    With the new tool, Vurv aims to make it easier for companies to reward employees not just for their past performance, but their future prospects. Vurv Perform 4.0 is designed to link performance, compensation and succession planning functions. Accord to Vurv, the application will help organizations quickly and easily compare performance and potential.


    Marasco says rich graphics help managers visualize information, such as charts of several employees’ performance ratings overlaid with charts of their total rewards. Vurv puts employee data related to compensation, performance and succession planning in one database. Marasco says that means managers can decide in one click to increase the pay of an employee directly from an analytic report, rather than having to switch to a separate application.


    The tool will help companies get their employee compensation in sync with their strategies, Marasco says. For example, if a firm is about to expand into Europe, suddenly its employees with experience in Germany or Sweden increase in their potential value to the firm, and can be rewarded accordingly, he says. “This should help companies better look forward,” Marasco says.


    Jason Averbook, chief executive of consulting firm Knowledge Infusion, says the pay-for-potential concept dovetails with the way young employees in the Millennial Generation want attention paid to their career development. And, he says, it gets companies focused on what’s ahead in their compensation practices. “Pay for potential is a very forward-looking way,” he says, adding that Vurv is showing “very good thought leadership.”


    Lisa Rowan, analyst with research firm IDC, gives Vurv credit for fresh thinking with pay for potential, but wonders how the idea would work out in practice. “If I have a lot of potential,” she asks, “how long would they give me to live up to it?”


    Marasco responds that the software assists with accountability in two ways. A personal development plan created in the software can help track an employee’s progress. And the performance management module allows firms to see if workers are meeting their goals.


Potential in performance management?
   Other vendors have stood out more than Vurv recently in the realm of performance management. Back in 2004, Vurv (then called Recruitmax) won an audience-decided contest among performance management vendors at the annual HR Technology Conference & Exposition run by Human Resource Executive magazine. But in 2005, Waltham, Massachusetts-based Authoria won the trade show’s shootout among vendors that sell compensation and performance management software.


    And last year, Authoria beat Vurv, SuccessFactors and HRsmart in a shootout to see which company best connects performance management and recruiting applications. What’s more, a report last year from research firm Gartner on performance, compensation and succession management applications gave Vurv a “promising” rating, while 14 vendors got a higher “positive” rating.


    IDC’s Rowan puts Vurv among the top three recruiting software vendors, alongside Taleo and Kenexa. But in her view, Vurv has not made a major mark in performance management. “I don’t hear that much about them in that space,” she says.


    Others in the market are louder than Vurv. Authoria CEO Tod Loofbourrow, for example, has a showman’s presence. Appearing next to Loofbourrow at the HR tech show, Vurv’s Mercer came across as soft-spoken. And SuccessFactors has made a marketing splash, featuring celebrity business leader Jack Welch at a user conference last year.


    Vurv concedes it has maintained a lower profile. A recent public relations pitch from Vurv referred to the firm as a “dark horse” in the market.


    That’s a bit of a misnomer for a company with more than 2,000 customers, including such heavy hitters as Coca-Cola, Deutsche Bank, Merrill Lynch and Nestlé. Vurv also clocked in as the 144th fastest-growing technology company in North America in the Deloitte & Touche annual “Technology Fast 500” list last year. Deloitte said Vurv’s revenue grew from $3.3 million in 2002 to $40.6 million in 2006.


    In any event, the horse named Vurv hopes to dash forward with Perform 4.0. And it has no plans to let up. Marasco said a number of companies have approached Vurv with an interest in acquiring it in the past few years. “We’ve turned them down,” he says. “We see the potential of making a billion-dollar company. We see the market being much, much bigger than today.”

Posted on February 4, 2008June 27, 2018

Recruiters See Strong Hiring Ahead Despite Recession Talk

While the prospect of a recession is rattling nerves from Main Street to Wall Street, a case of recession jitters hasn’t fully engulfed the recruiting community.


“I definitely see movement on the horizon,” says Nancy Albertini, chairman for executive search firm Patterson Blackstone in San Jose, California, which recruits high-level executives in the media and Internet sectors. “It is an upward trend in hiring.”


Her upbeat attitude in the face of bleak economic times falls in line with findings from a report by the Association of Executive Search Consultants published January 22. In the survey, 75 percent of respondents had a positive hiring outlook for the coming year. The poll of 250 executive search consultants was administered between November 28 and January 2.


North American respondents generally were restrained in their outlook; 58 percent said they are optimistic about the industry, compared with 80 percent of European and 88 percent of Asian counterparts.


AESC president Peter Felix says U.S. executive search consultants will have different attitudes about the hiring outlook depending on their area of focus. Those involved in structured finance and mortgage-backed securities are getting pummeled by the housing credit crunch. Meanwhile, executive search consultants in health care, utilities and not-for-profits are going full steam ahead.


“There are sectors that are feeling the pinch, and there are others that remain unaffected,” Felix says. “Overall, our members are telling us that they’re very busy.”


Staffing firms don’t seem to be slowing down either. “We’re not getting a sense that there is an impending jolt in staffing employment,” says Steve Berchem, vice president of the American Staffing Association in Washington. The telltale signs of an impending recession are not there, he notes.


Historically, staffing employment has taken a severe blow during the three to six months before a recession is officially declared.


“That’s just not happening right now,” Berchem says. “The industry has generally been flat for the last year.”


Berchem recalls the last recession, in March 2001. He says staffing employment was growing at a pace of 6 percent year-over-year. That changed overnight, when the industry actually began declining—falling by 2 percent—during the fourth quarter of 2000.


“It was a net drop of more than 8 percent,” he notes. “The situation got worse with each quarter.”


When the dust settled, 800,000 staffing jobs were lost from the peak in 2000, when there were 2.8 million employee assignments each day for the staffing industry, Berchem notes.


Some recruiting experts suggest that even if there were to be a national recession, it may not necessarily halt hiring.


“We’re living in a very different world,” says Francis Luisi, principal at Charleston Partners, an HR executive recruiting firm in Rumson, New Jersey. Factors such as employers with global vision and the millions of baby boomers reaching retirement age could make the traditional recession-related hiring slump less severe than in past cycles, he explains.


“It is simply too early to speculate on what will happen,” Luisi says.


—Gina Ruiz

Posted on February 1, 2008June 27, 2018

Telework May Harm Workers Left At Office, Study Claims

A new study on telecommuting has rekindled debate about the pros and potential pitfalls of working remotely.


In January, Rensselaer Polytechnic Institute announced that research from professor Timothy Golden suggests telecommuting may harm workers left behind in the office. In particular, Golden found the greater the prevalence of teleworkers in an office, the less others in the office are to be satisfied with their jobs, with a corresponding decrease in the likelihood they will remain with the company.


Golden’s study focused on a large high-tech firm. It was published last year in the journal Human Relations.


“[I]t may be that with a greater prevalence of teleworkers in a work unit, non-teleworkers may find it less personally fulfilling to conduct their work due to the increased obstacles to building and maintaining effective and rewarding co-worker relationships,” Golden said in a statement.


Backers of telecommuting took issue with the study. Chuck Wilsker, president of the Telework Coalition, said a 2006 study of 13 organizations by his research and advocacy group found that non-telecommuters were either supportive of telework or indifferent.


In a statement, Wilsker’s group also blasted Golden’s study for examining just one company. “We question the validity of his research and quite frankly are surprised that it was released.”


Jessica Otitigbe, a spokeswoman for Troy, New York-based RPI, said Golden would not be available for comment. But in a statement, Otitigbe defended the study. “Professor Golden’s research is methodologically sound, peer-reviewed research published in a very respected journal,” she said. “Naturally this is only one study in one setting, but this is how one builds a body of knowledge in a particular area.”


Telecommuting is growing as a work practice and is now part of the broader mobility trend of employees working in settings that include airports, hotels and cafes. The number of Americans whose employers allow them to work remotely at least one day per month jumped from 7.6 million in 2004 to 12.4 million in 2006, according to a report released last year by professional association WorldatWork.


Golden’s study suggests that a number of factors can temper the negative effect on co-workers of telecommuting. “[M]anagers may be able to help mitigate some of this adverse impact by ensuring greater face-to-face contact between co-workers when employees are in the office, and granting greater job autonomy to accomplish work activities as employees see fit,” he writes.


Gil Gordon, head of a consulting firm focused on telecommuting, concedes that telework arrangements can end up hurting employees remaining at the office. If managers don’t assign tasks smartly, non-telecommuting employees can wind up with more than their share of work, Gordon argues. “That’s a preventable problem,” he says.


Gordon also says he has heard a lot of non-telecommuters say that a less-populous office is less distracting and more productive.


In any event, telecommuting seems likely to keep growing. Telework options are now key to attracting and keeping top workers, Gordon says.


“This really is a talent management and retention and utilization issue,” he says.


—Ed Frauenheim


Posted on February 1, 2008June 27, 2018

WorldatWork Invades SHRMs Space in Washington

With the advent of Democratic majorities in the House and Senate in 2007, more attention is being paid to employment leave policies and to pay—from enormous amounts that company executives make to the seeming stagnation of a typical worker’s check.

    Since early 2007, legislation has been introduced that would give shareholders an up-or-down vote on executive compensation, limit the amount of executive pay that can be tax deferred, and expand the Family and Medical Leave Act.


    Now an organization has arrived in Washington to help members of Congress, as well as their staff and the administration, sort out these issues.


    WorldatWork, an HR association based in Scottsdale, Arizona, that concentrates on pay and benefits, opened an office in the nation’s capital last fall. It will have about 40 to 50 people in place by the end of 2008. In addition to offices, the WorldatWork building will include a training center, bookstore and library. The organization will host 40 programs for rewards professionals this year at its Washington conference center.


    Unlike the Society for Human Resource Management, WorldatWork won’t use its Washington perch to advocate for or against legislation. Its tax-code designation, 501(c) (3), prohibits it from lobbying.


    But the organization, which has 30,000 members worldwide, is going to try to elevate the public policy debate by being a resource for those who are in the fray.


    “We are very much educators and information pro­viders,” WorldatWork president Anne Ruddy says. “Our goal is to be a credible expert.”


    Don Lindner, a practice leader in professional development, comes to Washington to talk to Hill staff about the intricacies of C-suite pay.


    “We don’t lobby,” Lindner says. “We’re here to help people understand the complex issues around executive compensation.”


    WorldatWork’s portfolio goes beyond pay. It also has expertise in benefits, flexible work arrangements and performance and recognition.


    Its work on total rewards makes it a logical place to go to learn more about paid time off and other leave policies for a Hill staffer trying to write a memo for her boss about an upcoming vote.


    Ruddy says that although WorldatWork wouldn’t try to influence the outcome on the measure, it would emphasize that it’s important for lawmakers to gauge how proposed changes might affect pay, other benefits or company performance.


    “Things get looked at exclusively in silos as opposed to looking at all the pieces,” Ruddy says. “If we can do anything, it is to get people to think more strategically and more holistically. If you mandate paid sick days, then something else has to give in that transaction in some companies.”


    As WorldatWork conducts its education efforts, it likely will find itself running into SHRM lobbyists on Capitol Hill. Before it established its presence in Washington, WorldatWork let SHRM know that it was on its way.


    “Our organizations complement each other pretty well,” Ruddy says. “We have as good a relationship as you can have between two organizations that are in the same pond. We have mutual respect.”


Workforce Management, February 4, 2008, p. 23 — Subscribe Now!

Posted on February 1, 2008June 27, 2018

SHRM Halts Expansion of E-Verify

Just as Congress was entering the final stages of wrestling with government funding bills in November, the Society for Human Resource Management was holding its leadership conference in Washington.


    The timing was propitious for SHRM’s lobbying operation, which was in the midst of a battle to remove language from several appropriations measures that would require all federal contractors to use the government’s electronic employment verification system.


    The system, formerly known as Basic Pilot but now renamed E-Verify, has drawn strong criticism from the business community. SHRM asserts that it is inefficient, ineffective and prone to error.


    About 24,000 employers use it voluntarily. The rider in the appropriations bills would have mandated that 200,000 federal contractors sign up. SHRM says that such an enlargement could severely disrupt the U.S. labor market because so many people would be declared ineligible to work.


    For now, SHRM has halted such an expansion. Leading a coalition of HR groups, the organization was able to jettison the E-Verify riders from the appropriations bills.


    Members of Congress “realized the shortcomings” of E-Verify, says Mike Aitken, SHRM director of government affairs. “There was a feeling that it wasn’t ready for prime time yet.”


    The sentiment was fostered in part by SHRM’s lobbying efforts. During its November leadership conference, it took 207 members to Capitol Hill to talk to House members, senators and their staffs.


    “We were able to raise awareness about employer verification,” says William Maroni, SHRM chief external affairs officer.


    The message they got across is that verification policy should be considered more carefully, not tacked onto other bills.


    “There was a lot of receptivity to not legislating through appropriations,” Aitken said.


    The skirmish over E-Verify demonstrates that Congress hasn’t given up on immigration reform even though the failure of a Senate bill last spring likely squelched the possibility of a broad measure that encompasses both sanctions and a path toward citizenship for illegal workers.


    But Republicans and conservative Democrats, many of whom were in the vanguard of the Democratic takeover of Congress, are enamored of a crackdown on illegal employment.


    A bill that was introduced in November 2007 by Rep. Heath Shuler, D-North Carolina, has attracted more than 100 bipartisan co-sponsors and requires that employers sign up for E-Verify.


    SHRM will stay engaged in the debate, urging Congress to develop a better verification system rather than just reauthorize E-Verify when the law establishing it expires in November 2008.


    “Our members really are the experts at what works and what doesn’t work,” Maroni says.


Workforce Management, February 4, 2008, p. 22 — Subscribe Now!

Posted on January 31, 2008June 27, 2018

Tensions Flare on EEOC Board Amid Transition

The complex transition to in-house customer service has divided the Equal Employment Opportunity Commission board and raised concerns about service quality at a time when the agency is already under fire in a Supreme Court case.

A stopgap measure will help the EEOC keep its phones staffed until March after closing its call center December 19.

The four-member commission board voted unanimously last month to hire 38 temporary employees and extend the contract on its interactive voice-recognition answering system for three months, which will cost about $250,000.

But the complex transition to an in-house capability has divided the board and raised concerns about quality at a time when the EEOC is targeted in a Supreme Court case.

The temporary employees will help the EEOC’s field offices handle some 65,000 calls each month. The 24-hour answering system can resolve about 35 percent of the queries.

By late March, the EEOC hopes to have hired 61 federal workers permanently. The agency voted in August to close the outsourced facility, the National Contact Center, and establish an internal function. The move was necessary because Congress eliminated funding for the center.

Even though the EEOC is responding to a Capitol Hill action, the process of closing the call center has sparked two contentious meetings recently.

EEOC Chair Naomi Earp and Vice Chair Leslie Silverman supported extending the center’s contract during the transition. Commissioners Stuart Ishimaru and Christine Griffin voted for the December closure.


At the board’s most recent meeting, Ishimaru expressed frustration with the slow pace of the agency’s effort to put an alternative customer service system in place.

“Here we are a week before the phones are turned off and we have a proposal for what to do next,” he said. “We established an atmosphere that this is not urgent.”

Silverman took exception to Ishimaru’s characterization of the board’s attitude. “What we’re trying to do here is provide the best customer service we can under the circumstances,” she said.

Nicholas Inzeo, director of EEOC field programs, said temporary workers will be trained on customer service “soft skills” and EEOC procedures. But, he added, “We’re not going to be able to do as much as we could with the contact center.”

If claims are fumbled during the transition, it could amplify questions surrounding the EEOC’s administrative ability.

In a November oral argument involving the definition of an EEOC charge, or the action that the agency takes against an organization for alleged discriminatory conduct, several Supreme Court justices expressed frustration with the agency’s intake practices. A government lawyer at the hearing said the EEOC had improved its process for bringing charges since the case was filed.

Whether the EEOC loses public confidence during the upcoming transition will hinge initially on the performance of the temporary employees.

“It’s going to depend on who ends up answering the phones and their level of experience,” Griffin said after the meeting. “It’s better than not doing anything.”

Ultimately, an internal customer service system will work better than the call center, Ishimaru said in an interview.

“It was another layer that was added that did not add value to our process,” he said. “We should have EEOC employees answer the phones.”



—Mark Schoeff Jr.


Posted on January 30, 2008June 27, 2018

House Considers Bill That Expands Definition of Disability

An economic stimulus package wasn’t the only topic drawing bipartisan consensus in the House of Representatives.


Republicans and Democrats at a House Education and Labor Committee hearing on Tuesday, January 29, agreed that Carey McClure was wronged by General Motors when it denied him a job, and by a court when it ruled he was not disabled.


But the parties disagreed about whether a bill that would reform the Americans With Disabilities Act was the best way to address the situation McClure and others have faced.


McClure, an electrician who suffers from muscular dystrophy, had a GM job offer rescinded in 2000 after a doctor discovered his ailment during a required examination. The doctor maintained that McClure couldn’t meet the physical requirements of the position he had landed.


Throughout his life and 20-year career, McClure found ways to work around his disability and succeeded in his field. But when he sued GM, the company argued that he wasn’t really disabled. A trial court agreed.


“Basically, the court punished me for making myself a productive member of the workforce for over 20 years,” McClure said in testimony before the committee.


Following Supreme Court rulings in 1999 and 2002, courts have been applying a strict standard for determining whether someone has a disability. They also have held that “mitigating measures” like medication or eyeglasses can disqualify someone from disability protections.


In response, House Majority Leader Steny Hoyer, D-Maryland, introduced a bill, the ADA Restoration Act of 2007, which would redefine a disability as a physical or mental impairment.


It also would prohibit courts from considering “mitigating measures” and require that employers prove an individual is not qualified for a job.


Business advocates criticized the bill, saying it would substantially increase the number of people covered under the law and drive up company costs as they accommodate many different kinds of impairments that could encompass the flu, a sprained ankle, a chipped tooth or hair loss.


The Department of Justice said the measure would modify the definition of disability so that it did not refer to substantially limiting major life activities.


Hoyer asserted that his measure, which has 244 bipartisan co-sponsors, including the ranking Republican on the House Judiciary Committee, simply clarifies the congressional intent of the original disabilities legislation.


“The bill does not seek to expand the rights guaranteed under the landmark Americans With Disabilities Act,” Hoyer testified. “It responds to court decisions that have sharply restricted the class of people who can invoke protection under the law. Simply put, the point of the ADA is not disability; it is the prevention of wrongful and unlawful discrimination.”


Further action on the bill hasn’t been scheduled.


David Fram, director of ADA and EEO services at the National Employment Law Institute, was skeptical of the measure.


It “could lead to a deluge of unintended consequences,” he said. “I don’t think there would be a flood of litigation. I think there would be broad new responsibilities for employers.”


Those burdens would be caused by making workplace accommodations for potentially millions of people or granting their requests for leave.


“Every single one of us has some kind of impairment,” he said. “This would essentially make the Family and Medical Leave Act irrelevant—or half of it anyway.”


The ranking Republican on the committee, Rep. Howard “Buck” McKeon, said he wanted to fix a problem like the one that McClure faced. But he warned that expanding the ADA too much would dilute it.


“Resources could be stretched too thin, leaving those who need help the most without the accommodations they deserve,” he said.


McClure maintained that enlarging the ADA would not foster frivolous lawsuits. “I’ve worked with a sprained ankle,” he said. “Most of us just want to work like everyone else.”


Rep. Robert Andrews, D-New Jersey and chairman of the hearing, said states like his and California, which have broad disability laws, have not seen a spike in litigation. He said the bill would correct erroneous interpretations of federal disability law.


“The courts have confused the question of who has a disability with the question of what should be done in response to that disability,” he said.


He also argued that in the midst of fierce global competition, disability laws will help deepen the labor market.


“We can’t say to any person that we can leave your talent out,” he said.


—Mark Schoeff Jr.


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