Diversity in Tea and the Workplace

How does your workforce blend?

Have you ever thought about how diversity in the workplace is a lot like tea?  I have a little tea instruction manual in front of me about how hot to boil the water and how long to immerse the tea bag.  Along with each of those is a type of tea:  Black, White, Green, Herbal, Oolong, etc.  Oh, don’t forget that there’s iced tea.  Some people might make teas from fruits, seeds, or flowers.  You could even make a Long Island Iced Tea if you felt so inclined.  Regardless, a variety of teas can quench your thirst in a variety of ways.  This is the same way that diversity in the workplace will bring you many different ways to solve a problem.

Diversity in Tea and the Workplace

So, let’s get a little more diversity in here with our tea.  You can make a really good tea by using some store bought tea bags.  However, how about if we tear open the tea bags and create our own blend?  You can create a brilliant tea by mixing the right amount of a few different kinds of tea.  It would be individualized and custom.  Now, this tea might not be the perfect drink for everyone, but you can make a blend that is just right for you.  A little of this, a little of that; and voilà, you have something fabulous.

You should consider that in your workforce as well; blending people of different backgrounds.  You may find that employing a wide variety of people will give your business the best chance for economic success.

NOTE:  Of course, you should practice diversity and non-discrimination for legal reasons too.  Unless there is a Bona Fide Occupational Qualification (previously discussed HERE), your company could find itself in trouble if it is discriminating.  

With a diverse workforce, you can look at issues from new perspectives.  How many kinds of diversity are there?  Legally protected classes include:

•    Race / Color
•    Creed / Religion
•    Nationality / Citizenship
•    Age
•    Gender
•    Veteran Status
•    Disability

There may be other protected classes in your state.  You should consider diversifying beyond these legal classes to include other groups as well.  Classes you may not have thought about:

•    Unemployment Status
•    Sexual Preference
•    Height / Weight
•    Conservative / Liberal
•    Tattoos / Piercings

In short, people and tea can both create beautiful blends.  You may want to consider hiring and promoting people of all types.  You never know which employee will have a new way of looking at things; which will allow them to come up with a great new idea to move your business forward.

Be Human... Be a Resource... Be a Resource for Humans.


Interesting Links:
http://en.wikipedia.org/wiki/Tea_blending_and_additives
http://www.teatimemagazine.com/content.aspx?id=918
http://www.artoftea.com/events_news/Blending_Article.html
http://www.eeoc.gov/laws/types/

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Shorter Commute Time

How long is your commute to work?  If you are anything like me, you drive to work.  However, some of you may walk, bike, or take the train.  However you choose to get there, the amount of time that it takes an employee to get to work can greatly effect job satisfaction.  A short commute can be a huge perk for  whichever employer they may work for.  Please feel free to leave a comment or suggestion down below about your own experiences with commuting.

Employment Perk:  Shorter Commute Time

Some 600,000 people are now defined by the Census as Mega-Commuters, travelling over 50 miles or 90 minutes each way, each day.  According to the U.S. Census Bureau, the average commute time for most Americans is about 25 minutes.  I suspect that for the majority of Americans, that is 25 minutes too long.  If you want to see what the average local commute time is in your own county, you ought to check out this map by WNYC:  http://project.wnyc.org/commute-times-us/embed.html#5.00/42.000/-89.500.

Most employees hate the time they spend sitting in traffic; it is aggravating for them knowing how many other things they could be doing if they were already home.  Also, it is a known health hazard due to the increase it causes in sedentary lifestyles.  A short commute is something that HR professionals and managers can sell as a perk to candidates on a potential position.  Remind them of how close they are to major roadways or train stations.  If a candidate volunteers their frustration with a long commute in an interview, be sure to mention any available features such as carpooling, public transit, or travel reimbursement.  A shorter time spent in a vehicle is something that is sure to attract some candidates.

My current drive time to work is below the average, clocking in at about 15 minutes.  How do you get to work?  How long does it take?

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.


Interesting Links:
http://well.blogs.nytimes.com/2013/10/28/commutings-hidden-cost/?_r=0
http://usatoday30.usatoday.com/news/health/story/2012-05-23/long-commute-poor-health/55162620/1
http://www.census.gov/newsroom/releases/pdf/poster_megacommuting_in_the_u.s.pdf
http://www.census.gov/newsroom/releases/archives/american_community_survey_acs/cb13-41.html

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Note: Please view the Disclaimer page for all liabilities and limitations.

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Women, Minorities, and the Glass Cliff

Has your Board of Directors been setting women and minorities up for failure in the C-Suite?  This is a somewhat controversial topic that some are calling the “Glass Cliff” effect.  What have you seen in your workplace?  As always, please feel free to leave a comment or suggestion down below about your own experiences.

Women, Minorities, and the “Glass Cliff” 

By now, most of you have heard of the “Glass Ceiling”, which is a term used for the difficulty faced by women and minorities trying to reach the top of the corporate ladder.  However, the phrase “Glass Cliff” is a term more recently added to the workplace lexicon.  Recent studies by Utah State University have confirmed previous studies showing a discrepancy between the quality of promotional opportunities at the highest levels of corporations.  This is to mean that women and minorities have been found to be disproportionally promoted into senior leadership positions when a company is having the most difficulty.

In other words, it could appear that women and minorities have been “set up for failure” by being given the reins of an organization in free fall, just as a company reached a crisis.

Researchers also found that after a company has hit bottom and stagnated after a crisis, a “savior effect” was noticed.  This was where a disproportionate number of white males were promoted to bring these failed organizations back to profitability.  Fewer women and minorities were selected for these easier wins.

Biases in the Selection Process

The Glass Cliff appears to be partially created by subconscious biases of the boards.  These have been backed by a series of Psychological studies done and summarized in an interesting report by Michel Ryan and A. Alexander Haslam of the University of Exeter.  In one example, they found that boards of directors tended to think of men when they thought of “management” but tended to think of women when they thought of “crisis”.

There has could be some disagreement about the bias.  Some have argued that Women and Minorities self-selected those organizational positions atop the cliff; that they chose to accept the most difficult assignments where white males would decline a similar position when offered in the midst of a crisis.

However, that is not the case.  Three independent surveys were completed comparing the selection of men and women to lead a company in crisis.  In all three surveys, women were selected for leadership only when an organization was in decline.  For minorities, it was shown in one study of high political office that black candidates were typically selected as an opposition candidate when there was a highly popular incumbent and the seat was considered hard-to-win.  This result was also duplicated in studies within the corporate environment.

Solutions to the Glass Cliff

To find a solution, first people need to be aware that the problem exists.  Fortunately, awareness of the cliff is growing.  In a 2004 CNN poll, the question was asked “Does the glass cliff exist?”  72% of respondents said yes.  One of the Utah researchers, Alison Cook, has said that HR representative need to be “encouraging boards of directors to top into social professional networks outside their immediate networks”.  These boards should be mindful of Disparate Impact when following internal selection processes in choosing new CEOs.  Consider Women and Minorities outside of your circles when your companies are improving, not only when they are in decline or in crisis-mode.  The Exeter researchers concluded that the other ways to eliminate these Glass Cliffs is for firms to adopt non-token affirmative action policies and active mentoring programs to help raise the group-consciousness of this effect.  Over time, it will help to dissolve the cliff and allow boards to be more fair in their selections for C-Suite positions.

What are you seeing in your organization?  Is anything being done to combat the Glass Cliff?

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.


Interesting Links:
http://journalistsresource.org/studies/society/gender-society/women-leadership-glass-cliff-research-roundup
http://www.sozialpsychologie.uni-frankfurt.de/wp-content/uploads/2012/05/Ryan_Hasklam_AMR.pdf
https://www.youtube.com/watch?v=rbRDxb21pIM
http://www.researchgate.net/publication/256036360_The_Political_Glass_Cliff_Ethnic_Minority_Candidates_are_Selected_to_Contest_Hard-to-Win_Seats

Interesting Reading:
“Watch Out for the ‘Glass Cliff’” by Antonio Franquz, HR Magazine, Sept. 2013

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Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Trevor Stasik is the owner of this post, may or may not receive compensation resulting from this writing, and retains the copyright of any original material presented in this post herein. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information in this post, on this site, or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

Employment Verification - Form I-9

On May 7th, 2013, a new version of the Form I-9 became effective and employers must only use this newer form for their Employment Eligibility Verification.  This is a form that will help you verify and authorize your employees.  Let’s spend a few minutes discussing what this form is and how it works.  As always, if you have comments, please feel free to add your thoughts to the discussion below this post.

Employment Verification - Form I-9

Prior to the Form I-9, employers were not required to prove the legality of an immigrant seeking employment.  However, the I-9 was created out of the Immigration Reform and Control Act in 1986, tasking employers with identifying and verifying their workers right to work.  Since then, the Form has undergone several revisions as additional laws have been rolled out, but still remains the primary form used in reviewing the status of a person’s right to work in this country legally.  Employees must keep Companies are required to review documents supporting an employee’s claim to legality.  This is enforced by the Department of Homeland Security (DHS), the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Immigration and Customs Enforcement (ICE).

Identification

When the I-9 Form was first introduced, employers could choose from any of 29 different forms of identification to prove an employees’ right to work.  This has evolved into a much shorter list over time.  You need the documents to do two things; prove that an employee is who they say they are, and prove that they are eligible to work in the United States.  As of this writing, these are some of the documents that the government finds acceptable for identification: 

List A Documents - Prove both Identity and Employment Eligibility

  United States Passport

  Permanent Resident Card or Registration Receipt Card

  Employment Authorization Card

  Some Foreign Passports

List B Documents - Prove only Identity

  Driver’s License

  Federal/State Identification Card

  School ID Card with photo

  Voter Registration Card

  U.S. Military Card / Draft Record

  Military Dependent’s ID Card

List C Documents - Prove only Employment Eligibility

  Social Security Card (unrestricted)

  Birth Certificate

  US Citizen or Resident Citizen ID Card

This is only a partial list of all of these documents.  If you have a question about a particular document that you have been presented, be sure to research it further with the USCIS.  While not required, it is highly recommended that Employers retain a copy of these identifying documents with the I-9.  Be sure to keep all of these documents in a separate file from the rest of an employee’s documentation to minimize the possibility of the documents from forming a basis for discrimination.  Also, per the DHS, “You should not shred previously retained copies of documents. DHS regulations provide that once copies of documents are made, they must be retained with the Forms I-9.”

Enforcement

Failure to make appropriate use of the I-9 Form, failure to review acceptable documentation, and failure to keep and maintain proper I-9 documentation can result in a loss of government contracts, serious civil fines, and even criminal penalties.  There are very detailed charts and lists under the websites for both the USCIS and ICE detailing the level of penalty that an employer could face for failure to heed the law.  Monetary loss due to fines on a single worker could range from $110 for a failure to complete the I-9 properly, and up to $16,000 for repeated hiring offenses.  Once you add in the possible money lost from cancelled contracts and possible jail time, you can see how seriously your company could be damaged for failing to completely examine the I-9 for every employee hired.

Employers that have questions about the I-9 Form and all related topics can contact the customer service area at 888-464-4218 or email them at I-9Central@dhs.gov. 

And remember all of you Human Resources professionals: Be Human... Be a Resource... Be a Resource for Humans.

Useful Links

http://www.uscis.gov/files/form/i-9.pdf

http://www.uscis.gov/I-9Central

http://www.ice.gov/news/library/factsheets/i9-inspection.htm

http://en.wikipedia.org/wiki/I-9_(form)

http://en.wikipedia.org/wiki/Immigration_Reform_and_Control_Act_of_1986

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Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

EEO Laws - Executive Orders

Some companies may provide programs to support diversity through Affirmative Action.  These programs are not necessarily voluntary, as the Federal Government has established rules for this under Executive Orders that are treated as Equal Employment Opportunity laws.  As always, please feel free to leave a respectful comment or opinion about your own experiences in the area below this post.

EEO Laws - Executive Orders

The final set of EEO laws that we will look at together at this time are the Executive Orders Covering Government Contractors and Sex Discrimination Guidelines.  The actual codification is covered by Executive Order 11,246 as amended by Executive Orders 11,375 and 12,086.  It would be good to be acquainted with this set of executive orders.  Under Title VII of the Civil Rights Act of 1964, Federal Contractors and Subcontractors were barred from discrimination based on race, color, religion, sex or national origin; and employers were required to document infractions if discrimination was discovered.  However, there was nothing in the law that required companies to furnish those documents to the government for investigations.  Executive Orders 11246 changed that by compelling companies to provide their documentation proof to investigators upon request.  This is enforced by the Office of Federal Contract Compliance Programs (OFCCP).

Affirmative Action

Additionally, Executive Order 11,246 established provision for Affirmative Action programs.  Government Contractors and Subcontractors with 50 or more employees and $50,000+ in government contracts are required to have an established, written affirmative action program.  President Lyndon B. Johnson said this as a driving force behind this policy:

“Men and women of all races are born with the same range of abilities. But ability is not just the product of birth. Ability is stretched or stunted by the family that you live with, and the neighborhood you live in--by the school you go to and the poverty or the richness of your surroundings. It is the product of a hundred unseen forces playing upon the little infant, the child, and finally the man.”

 With Executive Order 11246, covered employers were required to identify, analyze, and rectify differences in workforce participation by women and minorities.  Companies were required to expand efforts in outreach, recruitment, and training in an effort to make the selection process more favorable to the previously discriminated groups.

Compliance

Companies that fall under the umbrella of the Executive Orders are subject to reviews and audits by the OFCCP.  Failure of a review could result in corrective action as recommended by the OFCCP.  Individual complaints would typically be referred to the EEOC.  Complaints may be filed by groups where a pattern is established would be reviewed and resolved by the OFCCP. 

The process and forms employees or applicants may use to file a complaint can be found here:  http://www.dol.gov/ofccp/regs/compliance/pdf/pdfstart.htm . 

Groups must file their complaint with 180 days of the discriminatory infraction.  Corrective actions recommended for these infractions could include payments of back pay, job offers, training programs, promotions, etc.  Finally, employers failing to follow guidelines and recommendations of the OFCCP may have their Federal contracts stripped. 

Also, to remain compliant, Employers covered under these Executive Orders must make it known that applicants for positions will receive consideration for employment without regard to race, color, religion, sex or national origin; and that the company prohibits discrimination under these bases.

And remember all of you Human Resources professionals: Be Human... Be a Resource... Be a Resource for Humans.

  

Useful Links:

http://www.aclu.org/racial-justice/affirmative-action

http://www.archives.gov/federal-register/codification/executive-order/11246.html

http://www.dol.gov/ofccp/regs/compliance/fs11246.htm

http://en.wikipedia.org/wiki/Executive_Order_11246

http://www.flexstudy.com/catalog/schpdf.cfm?coursenum=99100

http://en.wikipedia.org/wiki/Affirmative_action_in_the_United_States

http://www.dol.gov/ofccp/regs/compliance/pdf/pdfstart.htm

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Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

EEO Laws - USERRA

As you may have read in one of my previous posts, the VEVRAA protects veterans at employers with Federal contracts.  However, shouldn’t veterans in all jobs have some level of protections afforded them?  They do.  Which will bring us to today’s topic.  As always, if you have an opinion or some experience that you would like to share, please feel free to leave a comment.

EEO Laws - USERRA

Signed into law by President Clinton in 1994, the Uniformed Service Employment and Reemployment Rights Act (USERRA) protects the reemployment of military members returning from service and also prohibits employer discrimination.  Previously, the Vietnam Era Veterans Readjustment Assistance Act protected veterans against discrimination with employers that were Federal contractors and subcontractors.  The USERRA expanded that to include all employers.  It states:

A person who is a member of, applies to be a member of, performs, has performed,

applies to perform, or has an obligation to perform service in a uniformed service shall

not be denied initial employment, reemployment, retention in employment, promotion, or

any benefit of employment by an employer on the basis of that membership, application

for membership, performance of service, application for service, or obligation.

Reemployment

The USERRA also means that you, the employer, must provide for the reemployment of the veteran, should they be called into service.  Your employee must give you notice of their absence, unless their military mission prevents them from doing so.  Notice can be verbal or written.  Upon the workers return from service, the employer is obligated to give them their job back with advancement.  What this means is that if a reasonable person could have expected to receive a promotion and been moved into a more senior position had they not left, the employer must give them that higher position.

The timeframe for reemployment is as follows:

• Active duty 1-30 days - Employee must report back on next regularly scheduled work day after completion of service plus 8 hours
• Active duty 31 to 180 days - Employee must apply for reemployment within 14 days after completion of service
• Active duty 181 days or more - Employee must apply for reemployment within 90 days after completion of service
• Injury/Ilness - Add 2 years to any of the above timeframes

 Should one of your employees return from military service, you will need to ensure that you give them their job, regardless of whether that job has been given to someone else in the meantime.  You may be able to create a duplicate position for the returning veteran, but you may not deny them simply because someone else was hired to do the work while they were away.  Additionally, once the veteran has been re-hired, you cannot terminate them without cause, even in employment “at-will” states.

There are a lot of specifics involved with the USERRA and you should review the law carefully with your own counsel.  The law is strictly enforced and any violation of any part of the USERRA can be grounds for a lawsuit. 

And remember all of you Human Resources professionals: Be Human... Be a Resource... Be a Resource for Humans.

  

Useful Links:

http://fhp.osd.mil/pdfs/userra.pdf

http://www.dol.gov/compliance/laws/comp-userra.htm

http://www.hrsource.org/member-resources/article-archive/2000/12/december-31/protected-military-branches.aspx

http://www.dol.gov/vets/programs/userra/userra_fs.htm

http://www.shrm.org/LegalIssues/FederalResources/Pages/USERRARehire.aspx

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Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

EEO Laws - VEVRAA

Have you ever thought about the troops and just how much they have sacrificed for this country?  Have you ever wondered about why job applications always ask you questions about whether you served in the US military?  Today’s post about Equal Employment Opportunity type laws will probably help you in answering those questions.  As always, please feel free to leave your own comments and opinions at the bottom.

EEO Laws - VEVRAA

To date, America’s longest war, the Vietnam War stretched from 1955 to 1975.  As an exercise in stopping the spread of communism, Americans fought valiantly alongside the South Vietnamese in bloody combat for decades.  In the course of war over 58,000 Americans had lost their lives and over 300,000 were wounded.  The Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA) was one of a number of laws that were created to offer some protections for those Vets returning and attempting to fit back into society.  It was created with the Vietnam Vet in mind, but applies to other veterans as well.  Generally speaking, federal contractors, and sub-contractors with contracts over $100,000 must follow the guidelines established under this act.  It was expanded and revised later by the Jobs for Veterans Act (JVA)

Affirmative Action and Discrimination

Under the VEVRAA, those employers that fell under the umbrella must not discriminate against veterans.  They must ensure that veterans are not intimidated or retaliated against due to their veteran status.  Additionally, those employers subject to the act would be required to favor certain kinds of veterans in their hiring and selection process.  Types of veterans that must be favored include:

--- Disabled veterans

--- Recently separated veterans (up to 3 yrs)

--- Veterans with a campaign badge

--- Vietnam era veterans

When posting jobs, employers must list most job openings with local State employment services.  There are additional veteran preference provisions, but those were established and expanded under the Veterans Employment Opportunities Act (VEOA).

Official complaints of discrimination and failure to comply with the Affirmative Action provisions may be made with the Office of Federal Contract Compliance Programs (OFCCP) or through the local Veteran's Employment Representative at a local State employment service office.  Enforcement of the VEVRAA is also done through the Veteran’s Employment and Training Service (VETS).  Employees that feel they may have been violated against must file in writing with VETS within 60 days of the alleged infraction.

Employers subject to the VEVRAA should take care to remember that failure to follow this law could open them up to lawsuits and the possibility of losing their government contracts.

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.

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Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

EEO Laws - GINA

Have you ever heard of an employer refusing to hire a new applicant on the basis of their family medical history?  Have you ever heard of an insurer charging someone higher rates based on their predisposition to developing a disease in the future?  Both of these situations may be considered discriminatory and illegal.  Today, we will look at this further.  As always, please feel free to comment below with your own experiences and opinions.

EEO Laws - GINA

Continuing on with our discussion of Equal Employment Opportunity laws, this morning I would like to take a few moments to discuss the Genetic Information Nondiscrimination Act of 2008 (GINA).  According to Congress, the term “Genetic Information” includes results from an individual’s genetic tests, results from genetic tests of an individual’s family members, and the manifestation of any disease in any family member.  This act is exactly how it sounds; it protects employees and applicants from discrimination based on their own Genetic Information.  Organizations with over 15 employees will be subject to this law.

Employers and GINA

You are not allowed to collect the genetic information of your employees.  It is illegal to seek out that information or to ask about it, with some exceptions.  Exceptions can include limited access for medical and healthcare providers offering services, for those monitoring the workplace for toxic substances, and law enforcement.  Employers are also allowed to offer voluntary health risk assessments to their employees.  Individuals being served or monitored may be required to complete forms providing the company with written authorization.  Employers may inadvertently receive genetic information when requesting medical information for on an employee.    Employers are permitted to seek out limited information as part of FMLA certification.

To protect yourself, be sure to include a notice when requesting information that the medical providers not include any genetic information with the records that are being sent.

If you, the employer, inadvertently come across that genetic information, you must remember to treat that information as completely private.  Be sure to protect that information on a strictly need to know basis.  You cannot use that information in any discriminatory way.  You cannot base any of your employment or insurance decisions on that information.  You cannot prevent or block promotions or pay increases based genetic data; nor can you harass an individual in any way based on genetic information.

Human Resources personnel should be sure to put up the EEO posters in a pubic and visible place; and which include the GINA law.  Remember to notify workers of their genetic information rights in their Employee handbooks.

Complaints

Employees and applicants have the same full range of remedies available to them as with other statuses under Title VII of the Civil Rights Act.  They have the right of placing a lawsuit against the organization, seeking damages, reinstatement, back pay, etc.  The employee can file with the EEOC, who may give them a notice of a Right to Sue.  The EEOC may also file the civil suit on behalf of the employees.

There are some people that are concerned that genetic data collected by insurance companies during medical testing could be used to discriminate against them.  This Act seeks to prevent that.

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.

Useful Links

http://en.wikipedia.org/wiki/Genetic_Information_Nondiscrimination_Act

http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Pages/TheGeneticInformationNondiscriminationAct.aspx

http://www.eeoc.gov/laws/statutes/gina.cfm

http://www.eeoc.gov/laws/types/genetic.cfm

http://kpbj.com/headlines/human_resources/2011-03-02/do_you_know_who_gina_is_you_should

http://www.dnapolicy.org/gina/faqs.html#employment10

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Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

Casual Friday: Fun Modes of Transportation at Work

Google has slides in their offices!  Cowabunga!

Do you have a slide in your office?  How about a fireman’s pole?  Maybe you have a rollercoaster between cubicles?  Welcome to another installment of "Casual Friday," my humorous look at something in Human Resources, Management, or Business.  Today I want to talk about fun modes of transportation at work. Please take a moment at the end of my post to comment on any of the amusing modes of transportation in your own workplaces.

Fun Modes of Transportation at Work

What are you doing to engage your employees and excite visitors?  Do you have a slide in your work?  One unique office in the UK has a twisty one that zips workers from the third floor of their building to the ground floor in only 7 seconds.  The slide, built into the Electric Works building in 2009, features 87 feet of steel and plastic.  According to the designer, Toby Hyam, “'We know that it will be a novelty at first, and we don't know whether it will wear off, but if you are having a meeting with a client and people are whizzing past, it will be memorable.”

Management does not need to offer your employees giant slides, Ferris Wheels, or pneumatic tubes to get around - but if you can offer your workers something to make their experience unique - why wouldn’t you?  Understandably, there would need to be necessary risk management, but a fun mode of transportation could be a great perk to offer your employees; draw in the most creative talent.  You can think of it as a fabulous recruiting tool!  Consider that many of Google’s offices feature slides within the building, and they are known for the high caliber of their talent.

Keep it Safe

The Occupational Safety and Health Administration does have something to say about these alternative modes of transportation.  For example, OSHA has made the opinion that “Where operations necessitate regular travel between levels a safe means of access must be provided. You should be aware that OSHA does not view fire poles as an approved means of access from one floor level to another.”  While I am sure that this extends to other modes of transport, such as slides, I am researching to find any specific regulations that would cover it.  The one that would clearly seem to come into play is OSHA’s General Duty Clause, which states, “Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”  So in other words, keep it safe.  Post warning signs around the fun mode of transportation to help minimize your liability.

How Far Can You Go?

So long as you keep it safe and legal, the sky’s the limit when it comes to finding ways to engage your employees in adding fun modes of transportation.  The folks over in the Scribd offices set up an indoor zipline.  What are you doing reading this?  Go do something fun!

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.

Useful Links:

http://electric-works.net/about

http://www.dailymail.co.uk/news/article-1156292/Pictured-Britains-indoor-office-helter-skelter-sees-staff-slide-floors-just-seven-seconds.html

http://officesnapshots.com/2012/09/06/inspiration-offices-with-slides/

http://www.businessinsider.com/googles-office-slides-2012-5?op=1

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=20688

http://news.bbc.co.uk/2/hi/7290322.stm

http://www.fastcodesign.com/1662241/wheeeeeee-slides-made-for-adults-in-dire-need-of-fun-video

http://blog.earlh.com/index.php/2009/07/building-a-zip-line-at-scribd/

http://blog.earlh.com/index.php/2009/08/matt-riley-rides-the-zip-line-at-scribd/

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Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

EEO Laws - ADA

Have you ever walked around your office space and wonder about your handicapped/handicapable friends?  Have you considered whether they would be able to do a job or how they might accomplish it.  This brings me to the topic of today’s post, the Americans with Disabilities Act (ADA).  As always, please feel free to comment about your opinions and experiences below.

EEO Laws - ADA

Building off of the previous Rehabilitation Act of 1973, the ADA was signed into law by President George H.W. Bush in 1990, allowing those with disabilities to seek accommodation in modern life, especially in dealing with employment.  The law also makes hiring, firing, promotion, training, and other employment choices based upon one’s disabled status discriminatory and illegal.  The ADA defines a disability as, “a physical or mental impairment that substantially limits one or more major life activities of such individual.”

Employment

Discrimination of disabled workers is illegal.  If a company has 15 or more employees, they must comply with the ADA.  However, any job applicant must meet the qualifications required of a job to be hired.  A disabled applicant without the necessary job qualifications will be treated the same as a non-disabled applicant without the necessary job qualifications.  In interviewing a disabled person, managers and HR reps should focus on the individuals match with the job qualifications and not the disability.  In the event the disability is obvious (example: Lifeguard candidate that only has one leg), a potential employer may ask the applicant to describe how they would be able to perform specific job duties.  When interviewing a disabled candidate, be sure to only ask job function related questions.  It is okay for an interviewer to explain the process for an applicant to request accommodation, if it is needed.

Medical Testing

Under the ADA, an employer may require that a disabled employee or job applicant undergo a medical test to determine the physical capability of the worker to complete their job-related functions.  However, they may require this of the disabled workers, only if all non-disabled workers are also required.  The Medical Testing is not allowed to happen prior to making a job offer, but it can be a condition placed on a job offer.  Employers that that do this will need to keep their medical records entirely private with three exceptions:

- Managers and Supervisors can be informed of any work restrictions placed on the employee and what accommodations may be necessary.

- First aid and safety responders can be informed if they may be required for emergencies.

- Government officials investigating ADA compliance may view records.

Some perceived medical conditions are not considered to be covered under the ADA.  Conditions such as Kleptomania, Pyromania, Compulsive Gambling, Psychotropic Flashbacks, and Illegal Drug Use is not protected under the ADA.

Accommodation

Disabled persons should be accommodated in the workplace so long as it does not cause any undue hardship to a company or organization.  The accommodations may not cause a threat to workplace safety, or the health and well-being of themselves and others.  Employers should allow applicants and employees to offer their own suggestions about how they can best be accommodated.  Some examples of reasonable accommodations that could be requested might include:

- Providing larger print so text may be read by those that might be vision impaired.

- Changing work hours to allow for a medical treatment

- Adjusting the height of a desk or workstation.

- Providing keyboards or phones with larger buttons for those with poor hand-eye coordination

The employer does need to be made aware of the need for accommodation.  They cannot accommodate for a disability if they have not been made aware, nor can they be held accountable in a court of law for not accommodating if it was not requested.  Employers may offer less expensive alternatives to requested accommodations, if the request accommodation is deemed too expensive.

The ADA has made it possible for those handicapped/handicapable to be able to work with dignity and respect. 

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.

Useful Links

http://en.wikipedia.org/wiki/Americans_with_Disabilities_Act_of_1990

http://www.ada.gov/pubs/adastatute08.htm

http://www.shrm.org/templatestools/samples/policies/pages/adaadaaapolicy.aspx

http://www.csun.edu/~sp20558/dis/reasonable.html

http://www.eeoc.gov/facts/jobapplicant.html

http://www.shrm.org/templatestools/hrqa/pages/interviewapplicantswithdisabilities.aspx

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Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

EEO Laws - ADEA

As people get older, some of them may wonder if they are being discriminated against in the workplace.  In 2011, the EEOC received over 23,000 official complaints of age discrimination, an increase of 35% increase over the last 10 years.  This brings us to the next part of my series on Equal Employment Opportunity laws.  Have you have ever been discriminated against due to age, or have ever seen anything related to it in your workplace?  Leave a comment down below.

EEO Laws - ADEA

Happy Sunday Morning!  I hope that you have your cup of coffee ready to go, because today we are going to discuss the EEO law known as the Age Discrimination in Employment Act of 1967 (ADEA).  Employees do not stay young forever.  Job Searchers and Applicants hair may turn grey or fall out over time.  In the past, it was possible that people found it harder to get jobs and keep jobs simply due to their age.  When the Civil Rights Act of 1964 was being debated in congress, some argued that age discrimination should be included.  At that time, it was determined that further study would be necessary, and it was not included as a protected group.  However, following studies that showed workers over the age of 40 were being forced into retirement, looked over for promotions, and having their job applications ignored.  Therefore, Congress passed the ADEA.

The law makes it illegal “to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age”.  Any workers over the age of 40 may be able to make a claim of age discrimination.  At one time there was a maximum age, but that limitation was later removed. 

Workers or applicants that feel they have a case of age discrimination may place a claim with the EEOC.  They have a 180 day deadline to file from the time the discriminatory act occurs.  Workers under 40 cannot claim reverse discrimination, as employers are not prohibited from favoring older workers over younger ones.  Workers may not be forced to retire at a given age; although there are some exceptions to this such as age limits for air traffic controllers.

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.

Useful Links

http://www.eeoc.gov/laws/statutes/adea.cfm

http://aging.senate.gov/crs/aging21.pdf

http://www.law.indiana.edu/ilj/volumes/v73/no4/07.html

http://www.deseretnews.com/article/865551785/Age-discrimination-a-growing-issue-in-a-difficult-economy.html?pg=all

http://www.eeoc.gov/facts/howtofil.html

http://www.civilrights.org/workers/discrimination/supreme-court-adea-does-not-prohibit-reverse-age-discrimination.html

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Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

CHANGE-IN-STATUS INTERVIEWS

After an employee has been in their role for a while, it is natural that they may eventually wish to migrate.  Sometimes the employee wishes to be promoted to another position; other times the move is lateral to a position at the same level.  Either way, an internal Change-In-Status interview typically precedes the move.

CHANGE-IN-STATUS INTERVIEWS

A Change-In-Status Interview is an important tool and may accompany promotions, demotions, and lateral transfers to new positions.  It very different from an internal job interview, as many of the questions you would ask of an internal candidate will already have been answered.  However, some additional questions will need to be asked of the internal applicant related to their skill level, their interest in taking on additional responsibility, and their general work habits.  You will want to do your background prior to the interview.  Check if the employee has been at their current position in the company long enough to meet the company’s policy for posting.  Review their record to see if there are any recent disciplinary actions.  Review their resume and prepare a list of questions in advance. 

Promotion / Lateral Moves

The manager or HR rep interviewing the employee should take care not to pre-judge the individual before the interview.  Just because you are familiar with their work in their current position does not mean that they will perform at the same level in a different job.  Evaluate and discuss with the employee what skills they have.  While you may think that you already know the employee, their strengths and weaknesses, you may be surprised about the answers you receive.  Check to see if they are familiar with what the new job entails and what their new responsibilities will be.  Try to determine whether there is genuine interest in this new position or whether the employee may only be interested in escaping their existing position.  You want to ensure that the new position will be a good fit.

Demotions

Sometimes a person is promoted to a level that is beyond their capability and skill level.  This employee may be overwhelmed by their job, or they may not be willing to shoulder the burden of responsibility that their position carries.  When management recognizes this, it may be time to sit down with the individual to discuss a demotion.  Also note, that if the employee suggests it first, you should not brush them off.  You should consider their suggestion, because ignoring it could lead to a damaged professional relationship with the employee and a further decline in performance.  The demotion should be handled a diplomatically as possible to allow for a smooth transition for the employee to the lower job category.

At a glance, Change-In-Status Interviews may seem perfunctory.  However, they are important tools to use to ensure employees are placed at the right level. 

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.

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Disclaimer:  The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes.  Do not take what I am writing as advice.  Seek your own legal counsel and/or see a tax accountant before making business or personal decisions.  The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

A Few Resume Tips

I will continue with covering the types of interviews tomorrow.  For now, lets discuss...

A Few Resume Tips

A friend of mine asked me to take a look at their resume for them.  This friend has been working for himself for over a decade, but has now decided to look for some different opportunities.  The tips I was going to give him seem appropriate for a wider audience.  Your resume is one of the building blocks of your career and you will want to be careful in its construction.  Here are some things that you want to keep an eye on when putting together a resume.  These are true whether you have been self-employed for a decade, stuck on unemployment for a year, or a week out of grad school.

Length

A good tip is to keep your resume to a length of one to two pages.  While there are some exceptions, most Recruiters and Human Resources reps do not have enough time to read through resumes longer than this.  A good rule is if you have less than 2 years of experience, a one page resume is fine.  If you have more than 2 years of experience, add a second page if you feel it is appropriate.  Remember to think of your resume as a summary of your work experience.  It is not intended to highlight everything, just a few key responsibilities from each job.

Gaps

Another tip is to never leave gaps of more than a few months unexplained on your resume.  If you have a gap, you should consider finding a way to address it.  Ideas include a long-term volunteer position if you have one, classes you may have taken towards a certificate or degree, or simply laying out your responsibilities while you were unemployed.  Another option is to use a different resume format.  While the most common resume format is one that is in chronological order, you can also choose to have a functional resume that highlights skills and achievements.

Timeframe

The typical resume should not include anything from 10 or 15 years ago.  Now keep in mind, this is a gross generalization.  If you had an internship working for the President at the White House, that is impressive enough that you would want to put it on your resume.  However, most of us have high school jobs and some college jobs that have no place on a resume.  I will use myself as an example.  I spent a summer stocking shelves at a retail store when I was in high school.  I spent also some time delivering newspapers as a kid.  For the most part I did a good job at both and was complimented by my managers.  However, I do not put that on my resume.  It is up to you to determine whether it is appropriate to be on there, but you may be wasting the HR person’s time by putting a high school job on your resume.

Education

Having an education section of your resume is a great idea.  This is a way to put all of your formal training in one place for a recruiter to see.  If you only have a high school diploma or GED, that is okay.  Go ahead and add that to your resume.  If you have any college degree, it is okay to drop your high school from your resume.  If your education is non-traditional, such as a military academy or an online certificate, try your best to formalize and summarize it. 

Formatting

Consistency is a key here.  You want to ensure that if you bullet one part of your resume, you bullet it all.  I might suggest having two different versions of the same resume; one that is properly bulleted, lined and paginated that can be used for printing, and one that is completely free of formatting that can be easily read by resume screening software.  If you are unclear of where to start with your resume formatting, a Google search of the term “Resume Template” can find you a number of good examples to start with.

Hopefully these tips are helpful for everyone out there.  If you have any tips of your own, please add a comment.  If you just want to talk about your job search experience, please feel free to add that too.  If you want to talk about the kinds of resumes that have come across your own desk, please tell us about it. 

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.

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Disclaimer:  The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes.  Do not take what I am writing as advice.  Seek your own legal counsel and/or see a tax accountant before making business or personal decisions.  The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

REFERENCE CHECK INTERVIEWS

REFERENCE CHECK INTERVIEWS

Let’s take a moment to discuss Reference Check Interviews.  These interviews tend to be brief in stature, lasting only 5 to 15 minutes long.  The interviews are typically conducted by a recruiter, HR rep, or hiring manager over the phone with declared references or former employers of potential candidates.  The goal of these interviews is to confirm information from the resume and employment interview.  Additional information about a candidate may also be revealed in these discussions.

Some Basic Guidelines

·         Non-Discrimination:  Be sure to be consistent in your reference checks.  Checking some individuals and not others may be viewed as discriminatory.

·         Document, document, document:  To ensure that you are covered from potential legal action, be sure to document any details of a negative recommendation.

·         Permission:  Be sure to have an applicant’s permission before contacting former employers.

·         Two Reference Minimum:  To rule out bias, be sure to check with at least two former employers.  This can also be helpful in spotting patterns.

·         Personal References:  You should check them, but you can almost guarantee that a personal reference will be a positive one.

·         Scripting:  Similar to the other interviews discussed thus far, having a script handy will keep your interview more direct and likely to result in useful information about a candidate.

As I am sure some of you have experienced these kinds of interviews, please feel free to share with the rest of us in the Comments.  And remember all of you Human Resources professionals: Be Human... Be a Resource... Be a Resource for Humans.

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EMPLOYMENT INTERVIEWS: LEGAL ISSUES

We are going to discuss a few legal concerns when it comes to employment interviews, because it can be easy to say the wrong thing if you are not careful.  Because there is so much information for this topic, I have broken this Interview topic into a few parts.  We already covered the Basic Interview Stages and Preparation.  Legal Issues will be the third part discussing this.  As always, please use the “like” or comment about your own experiences at the bottom.

Document, document, document...

That is an important phrase in an interview setting.  It seems very important in the context of an interview to document everything your candidate says, because that will clearly help you out when making a hiring decision.  However, what if your interviewee expresses a religious preference or a family situation?  Should you write that down?  The answer is NO.  If a candidate volunteers personal and irrelevant personal information, do not write it down, as it could be used against the company in litigation.  If your company goes to court against a candidate, your notes could be used as evidence.  It will fall to the Employer to prove that there was nothing that was discriminatory in the interview.  Do not ask any follow-up questions with regards to that information.  Also, be sure to tell the applicant that the personal information they provided is not job-related and you only want to discuss information relevant to the job interview.

Legal Way to Discriminate

You can discriminate legally.  However, you may only discriminate if it is related to a “Bona Fide Occupational Qualification” (BFOQ).  An example of this is the Apollo astronauts - the space capsules were small and therefore only shorter people were considered for flight.  Was this discriminatory?  Yes.  Was it legal due to the type of job?  Yes.  Per the Cornell University Law website:

Title VII permits you to discriminate on the basis of "religion, sex, or national origin in those instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise." This narrow exception has also been extended to discrimination based on age through the Age Discrimination in Employment Act (ADEA). This exception does not apply to discrimination based on race.

If the position you will be bringing candidates in for has a BFOQ, you will want to ensure that this limiting qualification is laid out in the Job Description and also the job posting.  The most common BFOQ defense relates to safety.  Be very careful with BFOQs as they can open you up for litigation.  If you are ever in question, I would suggest consulting with a lawyer for an expert opinion.

Asking Legal Questions

Continuing with the idea that in a court, you will be required to prove that the employer was not discriminating in the interview, the recruiter or hiring manager will need to be sure that the questions that they ask are legal.  Be sure that your questions are relevant and speaks directly to the job description.  If a candidate may be groomed for other positions later in their career, some interviewers may be tempted to ask questions related to that future job position.  This would be a mistake as those questions may not be relevant to the position that the candidate is immediately interviewing for. 

When developing questions and when asking them, be sure to keep in mind the effect your questions will have on the composition of your workforce.  There is a term known as “Disparate Impact” or “Disparate Effect” where a policy or set of questions may appear neutral, but disproportionally affects one legally protected group more than another.  You want to ensure that you are not unintentionally discriminating against any group through your questions.  Imagine that if you were called to court, how would your questions sound to a group of jurors.

Key Legislation You May Want to Consider Reviewing:

·         Title VII of the Civil Rights Act of 1964 - http://www.eeoc.gov/laws/statutes/titlevii.cfm

·         Equal Pay Act of 1963 - http://www.eeoc.gov/laws/statutes/epa.cfm

·         Age Discrimination in Employment Act of 1967 - http://www.eeoc.gov/laws/statutes/adea.cfm

·         Americans with Disabilities Act of 1990 - http://www.eeoc.gov/laws/statutes/ada.cfm

·         Civil Rights Act of 1991 - http://www.eeoc.gov/laws/statutes/cra-1991.cfm

Other Relevant Links:

Cornell University Law, Bona Fide Occupational Qualification:  http://www.law.cornell.edu/wex/bona_fide_occupational_qualification_bfoq

Cornell University Law, Disparate Impact

http://www.law.cornell.edu/wex/disparate_impact

Disclaimer

Please note, this information is based on my understanding and is only to be used for informational and educational purposes.  Do not take what I am writing as advice.  Seek legal counsel before making business or personal decisions. 

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