August 2006 Newsletter
IN THIS ISSUE
News from Dulles Chapter of SHRM and other timely HR information
"HR AND THE LAW: THE ROAD TO COURT IS PAVED WITH GOOD INTENTIONS"
Wednesday, September 20, 2006 (Dinner Meeting)
Managers and supervisors with the best of intentions may be taking actions and making statements that may land the company in court or hurt its case once there. Too often, employers make decisions or choose strategies based on a misunderstanding of the effects those decisions or strategies will have. In some cases, the negative consequences may occur long after the decision or the actions taken based on the strategy. At our dinner meeting, Heather Broadwater, an associate with Krupin O'Brien LLC, will help to steer us down the road.
These mistakes can occur in virtually every stage of the employment relationship, including hiring, discipline, conducting investigations, administering leave, and terminating the employment relationship. We will discuss some of the common well-intentioned mistakes and how to avoid them.
Heather J. Broadwater is an associate with Krupin O'Brien LLC, where she represents the firm's clients in employment-related disputes and counsels employers on various employment and labor law issues, including policy development and implementation, recruitment and selection, employee relations, payroll and benefits administration, wage and hour compliance, counseling and disciplinary actions, family and medical leave management, performance evaluation, and termination of the employment relationship.
In addition to her legal experience, Ms. Broadwater has several years of professional experience in human resource management and holds a Juris Doctor from the Georgetown University Law Center. She earned her Master of Human Resources degree from the University of South Carolina, where she also completed her Bachelor's degree in Sociology through the South Carolina Honors College. She is a member of the Virginia Bar and is admitted to the U.S. District Court for the Eastern District of Virginia.
September Sponsor: We welcome our September sponsor, Keith Brockman of John Hancock Financial Network who provides retirement plan services to individuals and companies. To learn more, contact Keith Brockman at 703-287-7127, email at kbrockman@jhnetwork.com, or his website at http://www.johnhancock.com/.
September Community Speaker: We welcome our community speaker, Jay Chandok, Program Director of TechAdvance. TechAdvance offers learning opportunities through the Volgenau School of Information Technology and Engineering to complement the academic degree in adherence with the George Mason University quality for course development, instructor expertise and talent, and state-of-the-art learning environments. To meet the participant's busy work and personal schedules, classes are held in the evenings and on weekends at our convenient locations -- Arlington, Herndon/CIT, and Loudoun. For a list of their IT certification offerings, please visit www.ite.gmu.edu/techadvance, call 703-842-7404 or email advance@gmu.edu.
EMBRY RUCKER SHELTER DONATIONS UPDATE
Members who attended the July meeting donated $40 in cash! Thank you for your continued support. Reston Interfaith's programs address the most critical issues facing our neighbors: affordable housing needs and homelessness, nurturing and healthy environments for families, and social issues, such as domestic violence and substance abuse. For more on how to help, check out www.restoninterfaith.org.
AUGUST COMMUNITY SPEAKER
Karen Silberman, CAE, joined the SHRM Foundation as its executive director on April 18, 2005. She is responsible for new project/partnership ideas, research updates and fundraising plans. Prior to joining the SHRM Foundation, Karen served as executive director of the National Coalition for Promoting Physical Activity (NCPPA) in Washington, D.C. NCPPA works to promote policies and programs that encourage Americans to be physically active. Prior to NCPPA, she worked for the Association Management Group in McLean, Va. where she provided strategic leadership as executive director and chief operating officer for several national and local associations. Karen has also worked at the Points of Light Foundation, the Coalition for the Homeless and the American Heart Association. Karen received her undergraduate degree from Oberlin College in Ohio, and earned her master's degree in public affairs, with a concentration in nonprofit management from Indiana University. In 2005, she earned her Certified Association Executive (CAE) designation from the American Society of Association Executives (ASAE).
The SHRM Foundation is a 501 (c)(3) not-for-profit affiliate of the Society for Human Resource Management (SHRM). The Foundation promotes research, innovation and the use of research-based knowledge and it funds major research projects that have a direct and practical impact in advancing the HR profession. It also funds research, publications and education to advance the HR profession and enhance the effectiveness of HR professionals, such as the highly acclaimed book, Making Mergers Work: The Strategic Importance of People and the new DVD Fueling the Talent Engine; Finding and Keeping High Performers. Other Foundation projects include educational scholarships, the Effective Practice Guidelines series, and online directories of undergraduate and masters degree programs in human resource management.
To support its important work, the SHRM Foundation conducts an annual fundraising campaign. All contributions to the Foundation are tax-deductible. The Foundation is governed by a volunteer Board of Directors from the HR profession, including academics, practitioners and representatives from SHRM. For more information, go to http://www.shrm.org/foundation/.
DULLES SHRM 2006 SCHOLARSHIP PROGRAM
Contributed by Lisa Forester, PHR, SHRM Foundation Rep & Scholarship Coordinator
The Dulles SHRM Chapter is pleased to announce our fourth annual scholarship program. In support of the development of our chapter members, sons and daughters of chapter members, and students from local SHRM chapters, we have allocated $2,000.00 for scholarships, and up to two $1,000.00 scholarships may be awarded.
To qualify, applicants must be:
- A chapter member in good standing, a son or daughter of a chapter member in good standing, or a member of a local student chapter during the time of application and receipt of the award; AND
- Enrolled in a full-time or part-time program earning a degree in HR or an HR-related concentration in a college-level or graduate program.
We encourage chapter members and other eligible individuals to apply! Pursuing an education is expensive, and we look forward to providing these funds to deserving members!
Applications will be available at chapter meetings and may also be downloaded from the Dulles SHRM website at www.dullesshrm.org. Applications are due by September 30, 2006. Please send completed applications to:
Dulles SHRM Scholarship Committee
P. O. Box 1249
Herndon, VA 20172
For more information, please contact Lisa Forester at forester.lisa@kingfishersys.com, or 703-635-2952.
VOLUNTEERISM
At the July chapter meeting Teresa Buchholz mentioned that she'd heard the monthly Discussion Group may cease to exist and put out a plea to not let this happen. For the past eight years, Cindy Loison has been heading this effort (even during her tenure as Chapter president). Cindy has given tirelessly to Dulles SHRM and as happens in all organizations, everyone gets comfortable that this job is "covered." After all, Cindy's done a great job (and she has!!) so there's no need to change.
Recognizing that Cindy is juggling numerous priorities, it's now time to pass the "discussion group" baton. What a wonderful opportunity for someone new to practice their Networking Skills and gain valuable Leadership Experience under the guidance of Cindy and the Dulles SHRM Board of Directors. The Discussion Group is a hallmark of Dulles SHRM -- one of the things that makes us the Chapter of Choice. Let's keep it that way. Following are some traits the new Discussion Group Liaison would benefit in possessing, that Cindy exemplified and some benefits that would be gained.
Profile needed:
- Facilitation skills (should the named facilitator not show up)
- A strong network or ability to secure resources (to identify facilitator, location)
- Influencing skills, collaboration skills
- An ear for listening to projects or needs and turning them into discussion group topics
Benefits:
- Improved network
- "Notoriety"
- Experiencing the passion of others around HR topics
- Watching others learn and grow at each discussion
This is a board position and we are looking to transition this position effective January 2007. If you are interested in volunteering for this role, please contact Mary Saily, President-Elect, at msaily@humanr.com or contact any of our board members.
DAY INSIDE THE BELTWAY
Contributed by Judy Carter, Legislative Liaison
Members of the Dulles SHRM Chapter will have an opportunity to visit with their elected Members of Congress within the next couple of months. This one-day "road-trip" will include a visit by bus to SHRM National Headquarters, a private federal and state legislative and regulatory briefing with SHRM's Governmental Affairs Staff, then on to Capitol Hill for meetings with elected officials from Virginia.
This is a great opportunity for you to learn more about what's going on "inside the beltway," how federal legislation directly impacts your day-to-day work, and how to use your HR Voice to influence positive change.
A date for this trip has not yet been confirmed. However, the most-likely time frame will be September or early October. If interested in participating, please contact me at Judy.Carter@cox.net. We need a head count so that we can finalize our plans.
MARK YOUR CALENDAR
HR Events:
- October 11-13 - 2006 Virginia State SHRM Conference, Roanoke, Virginia
Chapter Breakfast/Dinner Meetings:
- October 18 (Breakfast Meeting) - "Straight talk…Crucial Conversations" Presenter: Marcia Riley, Chief Learning Officer and AVP Talent Management, INOVA Health, Focus: Career Development
- November 15 (Dinner Meeting) - "Career Development" Presenter: Steve Arneson.
- December 6 (Dinner Meeting) - Holiday Party
AUGUST CHAPTER DISCUSSION GROUP - "PERFORMANCE MANAGEMENT," Thursday, September 7
Contributed by Cindy Loison, SPHR, Director, Discussion Group
Effective performance management systems include activities to ensure that employees are consistently meeting goals in an effective and efficient manner. Clear communication of goals and timely follow up on performance assist employees in understanding and meeting expectations.
Chas Sumser, VP HR, at FGM, Inc., will facilitate the group discussion on establishing and maintaining a performance management process.
In preparation, please reflect on the following questions:
- What are the pros and cons of using an anniversary-based process or a focal point (all reviews at one time) approach?
- If you use a focal point approach, how long is the process from beginning to end and at what time of year do you execute the process?
- How effective is the performance management process you use?
- Do you use an automated system?
- How are merit raises determined in conjunction with your performance management system?
You are invited to bring examples from your experience, or, if you have had no previous experience in this area, consider this an opportunity to learn from your colleagues. There is no charge for attending.
Please confirm your participation by registering on-line, at least 24 hours in advance, on the Dulles SHRM web site, Career Growth/Chapter Discussion Groups (www.dullesshrm.org). If you have questions, feel free to call Cindy Loison at 703-265-7520. Participation is limited to the first 25 people who sign up.
Date: Thursday, September 7
Time: 7:30 a.m. to 9:30 a.m.
Place: FGM, Inc.
12021 Sunset Hills Road, Suite 400
Reston, VA 20190
Phone: 703/885-1000; Contact: Chas Sumser
Directions:
From Route 495
Take the Dulles Toll Road West (Route 267)
Exit and turn right onto Reston Parkway North.
At first traffic light, turn left onto Sunset Hills Road
Turn Left at Second traffic light into Two Reston Overlook parking area
Visitors may park in any available spot
From Dulles Airport
Take the Dulles Access Road East (Route 267)
Exit and turn left onto Fairfax County Parkway North
Exit right onto Sunset Hills Road
Turn right at third traffic light into Two Reston Overlook parking area
Visitors may park in any available spot
VIRGINIA STATE SHRM COUNCIL GOLF TOURNAMENT OCTOBER 11TH
(At the start of the State Conference)
Date: October 11, 2006
7:30 AM Registration
8:00 AM Shotgun Start
1:00 PM Awards & Lunch on the Deck
Sponsored by:
Roanoke Valley SHRM
New River Valley SHRM
Virginia SHRM State Council
Hanging Rock Country Club
18 holes of Captain Choice
Prizes for the Winning Teams
Closest to Pin on Par Three's
Beginners are Welcome
Cost: $50 per player $200 per team
Please submit your entries by September 20, 2006:
Coy Renick, SPHR Phone 540-890-3153, Cell 540-556-4480 Email: crenick@cox.net
VIRGINIA STATE SHRM CONFERENCE
October 11 - 13th, 2006 Roanoke, Virginia
Book Soon! The Hotel Roanoke is already booked!
The 2006 Virginia State SHRM Conference will be held in the "Star City" Roanoke Virginia on October 11th -13th at the legendary Hotel Roanoke and Conference Center.
Plan on three productive days of learning from great speakers, conference sessions, and networking with fellow HR professionals. You can register at www.dullesshrm.org or http://www.rvshrm.org/2006conference/.
WELCOME TO NEW MEMBERS
Contributed by Lynn Padgett, Vice President, Membership
The Dulles Society of Human Resource Management SHRM welcomes our newest members.
Thank you for choosing our chapter!
Mark Jones, HCM Consultant, BearingPoint
Susan Baker, Human Resource & Finance Coordinator, TARGUSinfo
Dr. Edward Parks, SPHR, Marymount University
Kelly Fitzsimmons
Kristin Barlette, HR Generalist, iGov
Leslie Specht, Senior Consultant, BearingPoint
Roxanne Cole, CEBS, CCP, Assistant Director, Human Resources, Inova Loudoun Hospital
Teri Westbrook, Senior Vice President of Operations, Greenvest L.C.
Vanessa Kiser, HR Director, Greenvest L.C.
Lisa Rea, PHR, HR Generalist, SecTek, Inc.
Julie Lerner, Sr. Director, HR, Carlson Wagonlit Travel
Wendy Mory, PHR, Senior Human Resources Specialist, C2 Portfolio Essentials, Inc.
Nancy Zsebo, Executive Vice President, Human Resources, EE, Inc
Katherine Jenkins, PHR, HR Specialist, Camber Corporation
ARTICLES OF INTEREST
Contributed by Evelyn Kaiser, Diversity/Workforce Education Director
ADA Celebrates 16 Years
W. Roy Grizzard, Jr., Ed.D.
Assistant Secretary for Disability Employment Policy
U. S. Department of Labor
As we mark the 16th Anniversary of the Americans with Disabilities Act (ADA), it is important to reflect upon the accomplishments of this landmark legislation. The list is long, ranging from accessible buildings to accessible technology, from alternative formats to universal design, and from promising responses to thoughtful, proactive planning. Yet perhaps the most important accomplishment of the ADA is that it has enhanced the lives of all American citizens in ways that far exceed the original goals of its supporters, and President George H.W. Bush, who signed it into law in 1990.
Our children, with and without disabilities, have never known a world without automatic doors at a grocery store or curb cuts on the sidewalk. Because of the ADA, when these same young people enter the workforce, they will be able to work from anywhere and use cutting-edge technology, such as voice-activated phones and computers. Because of the ADA, employers can employ and retain thousands of talented, productive workers with disabilities who were untapped or underutilized by previous generations of employers. Because of the ADA, older workers are staying in the workforce, benefiting our economy and society as a whole.
The U. S. Department of Labor Office of Disability Employment Policy (ODEP) is a major catalyst for putting the ADA's goals into action. With the leadership of Labor Secretary Elaine L. Chao, and the Administration's New Freedom Initiative as a road map, ODEP is developing and implementing policies and practices that directly affect the numbers of people with disabilities in the workforce. ODEP also works to develop and disseminate key written and online resources for businesses that want to attract and retain top talent, and individuals who want to work, advance in their careers and start their own businesses.
These resources include a recently redesigned Web site at www.dol.gov/odep and new resources from the Job Accommodation Network (JAN), a free information and referral service on job accommodations, return-to-work strategies, and the ADA. ODEP also manages DisabilityInfo.gov, a Web site for people with disabilities, employers, and others, offering a comprehensive range of information on federal, state and local disability-related resources, programs and policies. With 21 Federal agencies collaborating on this initiative, DisabilityInfo.gov is the Federal government's online gateway to the resources that help all of us realize the promise of the ADA.
Passing the ADA was a testament to America's commitment to equality for all Americans, including people with disabilities. History has shown that a commitment to equality for all results in economic and social benefits for all, building a stronger, more vibrant America.
Focus on Abilities When Interviewing Applicants with Disabilities
W. Roy Grizzard, Jr. is on a mission to remove employment barriers and encourage employers to accommodate disabled people so they can work at meaningful jobs. He's in the right job. Since July 2002, Grizzard has filled the new position of assistant secretary heading the Office of Disability Employment Policy (ODEP) at the U.S. Department of Labor. And, he just happens to be legally blind.
Providing practical information is just one of the ways ODEP is fulfilling its mission. The office's first-rate website is among the best places for employers to find the kind of indispensable advice you'll find below. Fact sheets on more topics are just a few clicks away. Go to www.dol.gov/odep/index.htm. Click on "Publications."
ODEP also manages www.DisabilityInfo.gov, a comprehensive one-stop federal website for disability-related information and resources. The site received the American Association of Webmasters 2006 Gold Award for outstanding design and content quality.
Q: As employers well know, the job interview plays a critical role in the hiring process, allowing them the opportunity to identify the individual who possesses the best mix of knowledge, skills, and abilities for the position available. How can employers prepare for and conduct an interview of an applicant with a disability?
A: Below is information that may assist employers in ensuring maximum benefit from an interview when the person interviewed happens to have a disability.
Preparing for the Interview
- Ensure that your company's application and interviewing procedures comply with the Americans with Disabilities Act (ADA), which prohibits asking disability-related questions before a job offer is made.
- Check that your application forms, employment offices, and interviewing locations are accessible to persons with a variety of disabilities.
- Be willing to make appropriate and reasonable accommodations to enable an applicant with a disability to participate in the interview, explaining ahead of time what is involved in the process. For example, if an applicant who is blind states that he or she will need help completing forms, provide that assistance. Provide an interpreter as an accommodation or other assistance that is reasonable for an applicant who is deaf, if he or she requests assistance in communicating. Provide details or specific instructions to applicants with cognitive disabilities, if this type of accommodation is required.
- Inform applicants ahead of time if they will be required to take a test to demonstrate their ability to perform actual or simulated tasks so that they can request a reasonable accommodation, such as a different format for a written test, if necessary. (Such tests are permitted under the ADA as long as they are uniformly given to all applicants.)
Conducting the Interview
- Relax and make the applicant feel relaxed. If the applicant has a visible disability or reveals a disability during the interview, concentrate on the individual, not the disability.
- Treat the individual with the same respect you would treat any candidate whose skills you are seeking. Likewise, hold individuals with disabilities to the same standards as all applicants.
- Ask only job-related questions that speak to the functions of the job for which the applicant is applying.
- Concentrate on the applicant's technical and professional knowledge, skills, abilities, experiences, and interests.
Do not try to imagine how you would perform a specific job if you had the applicant's disability. He or she has mastered alternate ways of living and working. If the applicant has a known disability, either because it is obvious or was revealed by the applicant, you may ask him or her to describe how he or she would perform the job.
It is important to note that medical examinations are prohibited under the ADA at the pre-employment offer stage. However, a job offer may be conditional based on the results of a medical examination if all employees entering similar jobs are also required to take an examination. If, after the medical examination, the employer decides not to hire an individual because of a disability, the employer must demonstrate that the reason for the rejection is job-related and consistent with business necessity.
Unreasonable Accommodation
By Stephen P Sonnenberg
Some courts say employers should favor disabled employees over more qualified coworkers. If they do so, trouble will surely follow. The last thing an employer wants to do is play workplace favorites. It's certain to stir up trouble and resentment, and in some cases, it's a direct path to a lawsuit. But some courts are pushing employers in that direction, telling them that the rights of disabled employees trump those of nondisabled coworkers who are better qualified.
Here's the problem. Two years ago, a California Court of Appeals ruled that under California law, employers must prefer disabled employees over more qualified coworkers when the disabled workers seek reassignment as a "reasonable accommodation." In another case, a federal appeals court rightly dubbed that policy "affirmative action with a vengeance" under the Americans with Disabilities Act. Other courts in the federal system, meanwhile, can't agree on this principle, either. So as jurists continue arguing, employers have no clear and geographically uniform answer to rely on. You can only hope that the courts in your jurisdiction ultimately will see one thing clearly: that antidiscrimination laws should guarantee disabled individuals an opportunity to compete equally, with or without accommodation. They shouldn't mandate preferences that infringe upon your right to select the most qualified worker. And they certainly should not sanction the creation of a new class of victims--the nondisabled workers who are more qualified for a position but are passed over in favor of less-qualified disabled people. Preferential treatment for the disabled over more highly qualified persons could result in reverse discrimination in your organization.
Here are some examples of what could happen. These scenarios don't necessarily reflect the current state of the law, but they are the logical extensions of taking preferential treatment beyond just job-reassignment decisions:
- An employer has for years been grooming an African-American candidate for the position of chief accountant. The candidate correctly understands that, after a lengthy stint as second in command, she will eventually take the leadership position. When the job becomes vacant, a disabled employee who no longer can perform her current job and is minimally qualified for the chief accountant position asks for reassignment. If preferential treatment is the rule, the job will go to the less-qualified disabled employee.
- Several typists apply for the position of typing supervisor. One is disabled but, as a result of accommodations such as ergonomic office equipment and a voice-recognition word-processing program, meets the minimum job requirements. The others are nondisabled, are better qualified and have more seniority than the disabled employee. But the less qualified typist, with her preferential consideration, must be promoted.
- Two graduates of Harvard Law School apply to the Supreme Court to clerk for the Chief Justice. One was first in her class and is not disabled. The other is disabled, with academic credentials that are less impressive but comparable to those of at least some past Supreme Court clerks (that is, she is minimally qualified). The principle of preferential treatment for disabled employees--disability before qualifications--requires that the highest court in the land hire the less qualified applicant.
- Two salespeople, one of whom is disabled, work side by side. The disabled employee, whose accommodations include regular time off for physical therapy and a modified work schedule, sells far less than the nondisabled employee. When the economy sours and the employer has to eliminate one sales position, the disabled employee asserts his right to preferential treatment as a reasonable accommodation. Under the principle of preferential treatment, who gets fired? The more productive employee.
There's no doubt that the reasonable-accommodation requirement should offer some form of special consideration for disabled employees. But there's a world of difference between consideration, which lets a disabled individual compete on a level playing field with the nondisabled worker, and preferential treatment. The first guarantees equal opportunity. The second erodes the rights of nondisabled workers. Traditional antidiscrimination principles that underlie laws like Title VII have never questioned the idea that the most qualified applicant has the right to be hired for a vacant position. When disabled employees with inferior qualifications demand preferential treatment to get jobs or promotions, nondisabled employees will claim reverse discrimination. Employers will be stuck, uncertain how to balance the rights of disabled employees against the rights of the nondisabled.
It's easy to imagine situations in which disabled employees sue their employers because they are not given preferential treatment in reassignment, promotion, hiring and discharge. And it's just as easy to envision better-qualified employees in other protected categories suing employers for discrimination when they are denied promotion or laid off, their legally protected rights trumped by the purportedly "superior" rights of disabled employees who are, admittedly, less able to do the job. Here's what you can do while the law is in flux. Remember that the fundamental rules about disabled employees are not in dispute. Talking to them about their need for possible accommodations remains very important. And continue to consider and implement reasonable accommodations that don't result in undue hardship. If you are confronted with situations that would require preferential treatment, be sure that you're up-to-date on the latest rulings in your jurisdiction. That probably means talking to counsel.
But beyond that, schedule some time with legislators, through appropriate organizations and lobbyists. Workplace disability laws afford important protections to disabled applicants and employees, but they shouldn't guarantee preferential treatment, and lawmakers need to hear that. The law should require a level playing field for all, regardless of disability.
The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.
That’s all for this month unless you have any ideas or suggestions? This is your chapter - let us know what’s on your mind!
Maggie Chan
President
Dulles SHRM
maggie.chan@bearingpoint.com
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