November 2006 Newsletter

IN THIS ISSUE
News from Dulles Chapter of SHRM and other timely HR information

• "Join Us for Our Year-End Holiday Event and Party! Party! Party "
• Embry Rucker Shelter Donations Update
• Member Assistance Needed
• Chapter Membership Promotion
• Dulles SHRM to Participate in NOVA SHRM Peer Mentoring Program
• George Mason University Seeking PHR/SPHR Course Instructors
• Mark Your Calendar
• Chapter Discussion Group - "Conducting an Investigation," Thursday, December 14
• Welcome to New Members
• Articles of Interest
• Change of Venue

 

"Join Us for Our Year-End Holiday Event & Party! Party! Party! "
Wednesday, December 6, 2006 (Dinner Meeting)

Make sure to register by Friday, December 1st to attend our annual holiday event being held on Wednesday evening, December 6th.  This year's fun, festive, year-end event will include:

• An elegant, scrumptious holiday buffet, great desserts, and a cash bar
• Plenty of opportunity to mingle and network -- Bring business cards
• Games to test your knowledge -- Bring your luck
• Multiple PRIZES to include SHRM logo gifts and donations from our sponsors and vendors
• Grand Prize! - $250 Cashier’s Check
• Installation of 2007 Chapter Officers
• Presentation to Dulles SHRM Scholarship winners
• And more!

During this Holiday Season, Dulles SHRM continues to support the needs of the Embry Rucker Community Shelter. The shelter provides assistance for the homeless by providing a bed and a hot meal, and by addressing the causes of their homelessness. To ensure that they can provide for the current needs of their residents, they prefer cash donations or gift cards in denominations no larger than $20 from stores such as Target.   

Thank you in advance for your continued support!

NOTE:  There is no recertification credit for the holiday party. 

Register online at www.dullesshrm.org.

 

Member Assistance Needed

Our nominee for the Dulles Board Vice President of Programs in 2007, Judy Carter, could use some assistance, especially at the chapter meetings for January, February and March. If you are planning on attending the meetings for those months and could help out, she would greatly appreciate it.  This would be a short term commitment primarily to assist in setting up the audio visual equipment, greeting and introducing the speaker, and distributing and collecting forms.  If interested, please see Judy at the chapter meeting on November 15th, or contact her at Judy.Carter@cox.net or by phone, 703-860-2565.

Chapter Membership Promotion
Contributed by Lynn Padgett, Vice President, Membership

We the members of the Dulles SHRM Chapter would like to invite you to join our local chapter FREE for the remaining 2006 fiscal year. If you pay your 2006 dues between now and December 31, 2006, you do not have to pay for 2007. Annual dues are only $30.00.

If you would like to join the chapter now, please visit our website at www.dullesshrm.org and complete the online membership application.

This is a great opportunity to get one month of FREE membership and get affiliated with a growing, diverse chapter, dedicated to the Human Resource profession.

 

Dulles SHRM to Participate in NOVA SHRM Peer Mentoring Program
Contributed by Chas Sumser, Certification Representative

 Recognized in 2003 with a Pinnacle Award for Excellence by the Society for Human Resource Management (SHRM), the NOVA SHRM Peer Mentoring Program has resulted in promotions, lateral career moves, and new job opportunities for approximately 70 percent of its alumni. In 2007, for the first time, the program is open to registered Dulles SHRM members.

The program is designed for individuals with a variety of career development objectives: building a strong professional network, expanding HR competencies, and gaining experience in group mentoring. Participants are provided with the opportunity to learn from peers as well as a variety of guest mentors from academia, consulting, and industry. Senior level HR professionals (not participating in the mentoring program) will lead group-mentoring sessions on professional develop topics such as career coaching, networking and relationship building, strategic HR issues, and building one’s HR competence level. Actual participants in the program will be asked to lead discussions for ad-hoc topics, which are of specific interest to the group. 

Participants are matched with a peer mentor (i.e., someone with a similar level of experience as opposed to a higher level) prior to the first meeting. Matching will be based on experience level, professional interests, and developmental goals. The peer mentor will serve as a coach in helping his or her partner to achieve individual career goals. Additionally, participants will have the opportunity for one free coaching session with a registered career coach.

The estimated monthly time commitment for the mentoring program is 3 to 4 hours a month, which includes participation in monthly group mentoring meetings and career coaching conversations (phone, e-mail, or in-person) with your peer mentor.  There will be a total of 10 group meetings throughout the year.  All meetings will be held on Wednesday nights from 6:00 p.m. to 8:30 p.m. (starting with our kick-off program in March 2007 and ending with the final program in January 2008) at National Louis University in McLean, Virginia.

All applicants must be members in good standing with the NOVA or Dulles chapters of SHRM. The cost of the program is $200 per student. Additional information, including application dates and deadlines, can be found online at http://www.novashrm.org/mentoring_program.cfm or by contacting Chas Sumser, Dulles SHRM Certification Representative, at chas@fgm.com or 703.885.1000.

George Mason University Seeking PHR/SPHR Course Instructors

As some may already know, George Mason University has partnered with SHRM to offer a PHR/SPHR Exam preparation course based on SHRM’s Learning System.  George Mason University is one of over 200 programs across the country offering the SHRM Learning System and together they are striving for success based on enrollments, quality preparation and pass rates.

The instructor is one of the most integral elements of any college or university class. Remember the instructors who turned a regular course into an extraordinary one. This is where GMU is seeking your involvement. They need to recruit instructors for the SHRM Learning System course. 

They are looking for instructors who…

By becoming an instructor of the SHRM Learning System course, you’ll have a unique opportunity to…

If you are interested in becoming a SHRM Learning System instructor or have questions regarding this exciting opportunity, please contact Christine Satorre by email-csatorre@gmu.edu or phone- (703)993-4801.

Mark Your Calendar

 2006 Chapter Breakfast/Dinner Meetings:

• December 6 (Dinner Meeting) – Holiday Party

2007 Chapter Breakfast/Dinner Meetings:

• January 17 (Dinner Meeting) –  Presenter: Burgess Levin, Focus: Employee Retention
• February 21 (Dinner Meeting) – Presenter: Robin Gerber, Focus: Leadership
• March 21 (Dinner Meeting) – Presenter: Greg Justice, Focus: Professional Development
• April 18 (Breakfast Meeting) – “Accounting 101: How HR Professionals Affect the Bottom Line” Presenter: Larry Singleton, Focus: HR Metrics
• May 16 (Dinner Meeting) – Presenter: Kathleen Ferris, Focus: Coaching                   
• June 20 (Dinner Meeting) – Presenter: Talisa Ernstmann, Focus: HR Competencies             
• July 18 (Breakfast Meeting) – Presenter: Cornelia Gamlem, Focus: Employee Relations
• August 15 (Dinner Meeting) – Presenter: Bob Corlette, Focus: Recruiting                 
• September 19 (Dinner Meeting) – Presenter: Misti Mukherjee, Focus: HR and the Law         
• October 17 (Breakfast Meeting) ) – Focus: Compensation/Benefits
• November 14 (Dinner Meeting) – Focus: Employee Recognition Programs               
• December 5 (Dinner Meeting) – Holiday Party

 

Conducting investigations is time-consuming and requires expertise and careful planning.  HR professionals need to know what types of issues trigger the need for an investigation, as well as acceptable procedure to follow, should the issue end up in litigation.  Misti Mukherjee, a seasoned management-side employment lawyer from the firm of Odin, Feldman & Pittleman, PC, has volunteered to facilitate our December discussion group.

In preparation, please reflect on the following questions:

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, December 14
Time:   7:30 a.m. to 9:30 a.m.
Place:  ARTEL, Inc.
            1893 Preston White Dr
            Reston, VA 20191
Phone: 703-620-1700     Contact:   Denise Henderson, dhenderson@artelinc.com

Directions:
From the Toll Road and Dulles:  Take the Hunter Mill Road exit.  Turn right at the end of the exit ramp and turn right at the “fork” onto Sunrise Valley Drive.  Proceed through the first traffic light and turn right onto Preston White Drive (just past the tennis courts).  Continue on Preston White to 1893.  Turn where you see the ARTEL sign.

From the Toll Road and Tysons:  Take the Toll Road toward Dulles Airport to the Hunter Mill Road exit.  Turn left at the end of the exit ramp and turn right at the “fork” onto Sunrise Valley Drive.  Proceed through the first traffic light and turn right onto Preston White Drive (just past the tennis courts).  Continue on Preston White to 1893.  Turn where you see the ARTEL sign.

 

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!

Olubunmi Biu
Kirstin Covelli, Area Employee Relations Manager, The Hertz Corporation
Judy Fowler, HR Manager, Approva Corporation
Kathy Hommas, PHR, HR Manager, Johnston McLamb
Linda Kirton
Moira McNabb, Manager, North Highland Company
Silvia Morales, Vice President, Barros International, Ltd.
Kareema Price, HR Generalist, American College of Radiology
Peter Radloff, comScore Networks
Josh Ulman, Principal, Ulman Public Policy and Federal Relations
Sue Williams, Human Resource Manager, General Dynamics AIS

Articles of Interest
Contributed by Evelyn Kaiser, Diversity/Workforce Education Director

Beyond Cognitive Disability Barriers ~ Employees Quickly Emerge as Assets
By Amy Joyce, Washington Post Staff Writer
Sunday, October 29, 2006; F04

When Kathryn Giordano, director of administration at Baker Botts LLP, suggested to Pat Berry that his daughter come work at his law firm for the summer, he shook his head in disbelief. "I thought no, not a law firm," he said. "It was absolutely scary."

That's because Berry's 19-year-old daughter who loves to ride horses and types 45 words a minute has a cognitive disability. His daughter's stint at the firm allayed his initial fears. "Professionals with cognitively disabled children think they can't do this," he said. "But they can."

Other organizations have had the same realization. A decade ago, the Cincinnati Children's Hospital opened a division called Project Search which helps place people with cognitive disabilities in jobs within the hospital and teaches other organizations how to do the same.

"We really have found that people with significant disabilities are capable of doing incredibly complex work as long as it's systematic," said Erin Riehle, director of the project. Most people with developmental disabilities work in stereotypical jobs, she said, like cleaning and horticulture. "Our objective was to look beyond that. We found that we could put people with Down syndrome, Williams syndrome and many other disabilities into roles that had never been considered before."

People with cognitive disabilities have significant delays in measured intelligence, adaptive functioning or academic functioning.  "A fair amount of hospital revenue comes from providing medical care to kids with disabilities. We kind of had an awareness that we needed to provide role models in our workforce," Riehle said.

More companies are realizing the workforce opportunities in people with intellectual disabilities and are considering them not only for jobs, but careers. But the number is still anemic. Only about 31 percent of people with such disabilities are employed, said Jon Colman, chief operating officer of the National Down Syndrome Society.

Mason Berry has a genetic disorder known as Fragile X syndrome, which affects speech, motor skills, cognitive abilities and other characteristics. Last summer at Baker Botts, she picked up books at book drops throughout the towering office at the Warner Building and reshelved them. She logged magazines into the computer and did some Internet research. After a few weeks, she learned how to ride the Metro so she didn't have to wait for her father, a partner there, to finish a conference call. This summer, she is a Labor Department contractor doing database work, closer to their home in Virginia.

"I loved it," she said while visiting her father's office on a recent weekday. To bide her time, she was reorganizing library slips. "They are not in order," she said, shuffling through them.

Companies like Baker Botts, working with local schools and organizations, have found that hiring employees with cognitive disabilities can fill a major gap in employment -- and it has been acting as a go-between to find other firms for employees with cognitive disabilities.

The firm started what is now an official practice several years ago when the managing partner brought his son with cognitive disabilities to the office in Dallas and paid him out of his own pocket. It went so well that the firm decided each office should hire one or more employees with cognitive disabilities.

Danny Ricchi, 22, sets up the conference centers at Baker Botts. Ricchi, who has Down syndrome, likes going to the company gym and walking around the office -- and eating. "My favorite place is my mom's restaurant," he said, referring to I Ricchi.

Mir Azad, 18, who also has a cognitive disability, works at Baker Botts's library, shelving books, inputting information on the computers and making deliveries.

David Hughes, 43, works in the mail room, delivering boxes and mail. Nancy Leap, human resources manager, said he recently returned to her a document she meant to leave on her assistant's desk, and she apologized for her mistake. Hughes, who has Down syndrome, looked at her incredulously and said: “You made a mistake?"

"It's eye-opening to come out of the office and you're a self-centered lawyer and you bump in to someone so excited to be doing what they're doing," Berry said. "It disarms you."

More companies are finding nothing but a loyal, diligent employee base.

"It's hard to get employers to imagine that people with impairments actually can fit into a busy 24/7 workplace," said Cathy Healy, director of workforce and education programs with the Institute for a Competitive Workforce, an affiliate of the U.S. Chamber of Commerce. "When you see it in action, it's so amazing."

Only 32 percent of Americans with disabilities aged 18 to 64 are working, but two thirds of the 68 percent who are unemployed would rather be working, according to a study done by her group.

Healy is working to show employers that adults with disabilities make up a large pool of workers. "Lots of research tells us that people with disabilities, particularly intellectual disabilities, have great staying power," she said. "These employees are loyal. They are hard workers, people pleasers, and they want to stay employed."

David Egan, 29, has been with Booz Allen Hamilton for 10 years. He works as a distribution clerk and is "proud to be a part of that team." He likes working with different people and enjoys delivering packages to employees at Booz.

More than just being a loyal full-time employee, he is also an advocate for people with intellectual disabilities. He has Down syndrome. He is active in the Special Olympics, an organization that Booz supports. "They like to have employees come together to show team spirit. Here at Booz Allen, we also talk about core values a lot," Egan said. "I try to fit what we do as a company and what I do outside the company."

Heather Skeen, a senior recruiter and disability coordinator at Booz, said the company believes hiring employees with cognitive disabilities enriches the overall work experience. "When you have someone with different learning experiences, it's an experience for those who don't have a disability," Skeen said.

"I'm very fortunate to be with this company not just as a disabled person but as a full citizen," Egan said.

Clearance Applications not Processed within Target Times
By Daniel Pulliam dpulliam@govexec.com
Thursday, November 2, 2006
Processing times for security clearance requests exceed Bush administration goals, and Pentagon contractors with unresolved issues in their applications are granted Top Secret credentials frequently, according to a new Government Accountability Office report.
Government contractors waited on average 446 days for their initial security clearance and 545 days for clearance updates, the report (GAO-06-1070) stated. The study examined 2,259 cases where private sector personnel were granted Top Secret security clearances in January and February 2006.
The Office of Management and Budget has instituted a goal for the application-submission process to take 14 days or less, but it took an average of 111 days in the cases reviewed, GAO said. It also took the Office of Personnel Management an average of 286 days to complete an initial background investigation, well in excess of the 180-day OMB-mandated deadline, the report stated.
Delays can be attributed to an inexperienced investigative workforce that failed to fully use available technology, the report concluded. Statistics from OPM, which started handling about 90 percent of the government's investigations needs for the clearance-granting process in February 2005, failed to accurately represent the actual length of time spent, hindering congressional oversight, the report stated.
GAO found that incomplete investigative reports submitted to the Defense Department by OPM resulted in the granting of security clearances to industry personnel who had unresolved issues, such as inconsistent financial records and trips to foreign countries that weren't explained completely. In reviewing 50 reports on clearances granted, GAO found that 47 were missing required documents. More than half contained at least one unresolved issue, but none of the sampled industry personnel were denied security clearances. "The use of incomplete investigations and adjudications in granting Top Secret clearance eligibility increases the risk of unauthorized disclosure of classified information," the report stated.
In a statement, OPM Director Linda Springer said the report is based on outdated information, and background investigations performed in fiscal 2005 were completed "within an ever-improving timeframe." GAO's "critical findings do not accurately reflect the current state of affairs," she said. Springer wrote in her response that she is concerned about a "number of inaccurate facts" on which the report is based. For example, GAO's conclusion that OPM data on processing times is incomplete and inaccurate is based on a faulty comparison of two databases, she said.
Derek Stewart, author of the report and director of GAO's defense capabilities and management division, disagreed, saying that while the audit used information from both databases, it used one to supplement the other rather than as a comparison.
House Government Reform Committee Chairman Tom Davis, R-Va., said in a statement that while the report reveals bad news regarding the speed and quality of clearance investigations, GAO's information is out of date. Davis said the review's focus on security clearance applications that, on average, would have been submitted in 2004, fails to consider the February 2005 transfer of the Defense Security Service's investigations work to OPM and the security clearance reforms included in the 2004 Intelligence Reform and Terrorism Prevention Act.  "I believe this report largely verifies that the clearance process was, indeed, in terrible shape when DOD transferred its investigations functions to OPM," Davis said. "I am certain that a sample of more current cases would show significant improvement in both timeliness and consistent investigative standards."
GAO recommended that OMB direct OPM and the Pentagon to fully measure and report the time it takes for an applicant to receive a security clearance. OMB should launch an interagency working group to resolve information technology problems that created some of the delays, the report said.  OMB also should require OPM and the Pentagon to establish and submit procedures for eliminating deficiencies identified in the investigative process and should issue guidance that clarifies whether clearance adjudicators are to issue security clearances despite incomplete reports, GAO said.
In response to the report, Clay Johnson, deputy director for management at OMB, said while he may disagree with some of the report's specific statistics, he agrees that the government is a long way from accomplishing its goals.  Johnson said the White House National Security Council's Security Clearance Working Group established a subcommittee, chaired by the National Intelligence Director's office, to find ways to improve the quality and timeliness of background investigations.

Recruiting on the Right Side of the Law – “Creative” recruiting and hiring candidates with the “best fit” open the door to discrimination charges.
By Fay Hansen

Abercrombie & Fitch engaged in "creative" recruiting to fill sales jobs with candidates who matched the company’s carefully constructed marketing image. The high-profile clothing retailer staffed its stores with handsome young white men and touched off a lawsuit that ultimately cost the company $50 million and a barrage of bad publicity. More than 10,000 applicants and employees received their checks for damages in December 2005 after Abercrombie settled the suit.

Although companies generally operate in a heightened state of awareness about the potential for discrimination charges during terminations, the possibility of lawsuits arising from the recruiting process draws less attention. But faulty recruiting and hiring procedures can generate claims from unsuccessful applicants. In addition, employees who initiate lawsuits often reach all the way back to the hiring process to show systemic practices.

Objective sourcing and selection standards are the key to staying on the right side of the law, but many recruiters are still working with subjective criteria. "Creative" evaluation techniques and the ever-popular "best fit" explanation for selecting candidates can invite discrimination charges. Abercrombie recruited for a certain "look." Some recruiters go on a "gut feeling" about candidates or search for a match with the corporate "culture." It’s a subtle landscape, but red flags pop up along the way.

The Equal Employment Opportunity Commission filed the lawsuit against Abercrombie for using image-driven recruiting and hiring practices that led to the exclusion of minorities and women and limited their employment. As part of the settlement, Abercrombie agreed to hire 25 diversity recruiters, set benchmarks for hiring women and minorities, overhaul its recruiting procedures and end recruiting at fraternities, sororities and certain colleges. A court-ordered monitor will evaluate the company’s recruiting practices for at least five years.

Damage to the company’s reputation exceeded the direct dollar costs of the settlement. "When a discrimination charge is filed, applicants are making one of the most serious charges anyone can make short of a criminal accusation," notes Eric Dreiband, who was general counsel for the EEOC when the agency moved against Abercrombie. "They are charging that their civil rights have been violated. People fight over money all the time, but a discrimination charge goes to the integrity and reputation of the employer."

Companies with large, sophisticated staffing functions are more vulnerable than they may think. On March 29, the EEOC filed a lawsuit against UPS on behalf of a Rastafarian who was told he would have to shave his beard to be hired as a driver helper. Two days later, it filed a national class-action sex discrimination lawsuit against Lawry’s Restaurants Inc. on behalf of male applicants who allege they were systematically rejected for jobs as food servers.

Applicants and employees file more than 75,000 charges with the EEOC each year and the agency pursues more than 400 full-fledged lawsuits annually. "Any midsize or large employer will experience some form of discrimination claim through the EEOC or state law," says Dreiband, who is now a partner at Akin Gump Strauss Hauer & Feld in Washington, D.C.

Setting objective standards
Abercrombie & Fitch was seeking a particular "look" for its sales force in a retail setting, which is not inherently unlawful. "But if recruiters use a subjective or ‘creative’ component in the hiring process, the employer must carefully review the results for disparate impact," Dreiband warns. "The company needs to consider whether this ‘creative’ component breeds discrimination. At Abercrombie, it created a group of employees who were young, lily-white males."

Employers must use objective standards for selecting candidates. To the extent that these criteria may have an adverse impact on a specific group of applicants, the employer must ensure that the criteria are job-related and be prepared to demonstrate their relevance. Otherwise, the company is open to charges that it uses artificial standards to screen out a particular group.  "In addition, for any element of subjective decision-making, the employer should involve multiple people in the hiring process, preferably of diverse gender and race," Dreiband advises. "This provides a more defensible position than using one decision-maker."

The nuanced skills and capabilities that a growing number of jobs require make it more difficult to set sharp parameters for selection. "But general statements used to explain selection, such as the successful candidate was a ‘better fit,’ are almost becoming code for a potentially discriminatory practice," warns Margaret Edwards, shareholder at the San Francisco office of Littler Mendelson, the largest employment law firm in the country.

Subjective screening and selection criteria often rest on speculation about customer preferences or how a candidate will perform on the job. "It is not inherently unlawful to not hire someone on the basis of speculation, but speculation is a first cousin to stereotyping, and screening out candidates on the basis of stereotypes is where employers get into deep trouble in the hiring process," Edwards notes. "Engaging in subtle assumptions about applicants or customer preferences can lead to charges of discrimination."

Ending speculation
A common example of stereotyping occurs when applicants are rejected as "overqualified." "This presents a conundrum for employers," Edwards says. "The employer may look at a highly experienced person with a tremendous résumé, and assume that the person will have no interest in a lower position, or will only keep it until he finds something better." The assumption may be true. "However, case law says that a person who is overqualified is, by definition, qualified, so the person cannot be rejected on that basis," Edwards cautions. "The rejection must therefore be based on other criteria."

She advises employers to avoid screening out seemingly overqualified candidates.  "If a person is truly qualified but not hired, the candidate may assume that age discrimination occurred," she warns. The best solution is to call the candidate in and ask why they are interested in a position for which they seem overqualified. "They may honestly be looking for a career change or less responsibility," Edwards notes. "If there is evidence that the candidate has been job hopping, then you are no longer simply speculating about whether they will stay in the job."

One of the earmarks of hiring discrimination is a selection process that is inconsistent or does not match the actual pattern of decision-making when someone reviews the entire pool of candidates. "For example, the employer may state that an applicant was not hired because of insufficient experience, but the successful candidate had less experience," Edwards says. "The reason given can be interpreted as a pretext for discrimination if it is not true or appears to be contradictory."

Kathleen O’Toole, director of employment law and litigation management for Milwaukee-based Manpower Inc., advises companies to drop the use of terms such as "best fit." “‘Fit’ is a difficult word that can be a mask for discrimination," she says. Recruiting and hiring on the basis of a "gut feeling" must go as well.

"It opens the employer to discrimination charges and makes it far more difficult to reconstruct the selection process and explain why the candidate was hired," O’Toole notes.

"The story is harder to tell." The required qualifications must make sense to the EEOC and its equivalents at the state level. "They are looking for a simple, fair process that treats all applicants the same," O’Toole says. "It is HR’s responsibility to make sure that recruiters and hiring managers can articulate objective, neutral reasons for selecting an applicant."

Edwards advises companies to issue a policy that prohibits recruiters, hiring managers and HR staff from engaging in conversations with unsuccessful candidates about why they were not hired. "Although HR staff may be well versed in the problems generated by these conversations, direct calls to hiring managers are where many mistakes are made," she says.

Beginning at the beginning
Although lawsuits typically hit after an applicant has been rejected, the conditions that can lead to a discrimination charge often exist long before the first résumé arrives. "Employers need to invest more time before they even begin the hiring process," says Juliann H. Panagos, member at law firm McGlinchey Stafford in Houston. "Specifically, they need to prepare a completely accurate, current job description that lists the essential functions of the job and the required and desired qualifications."  

The employer must preset these job requirements before posting the position. Panagos reminds employers that there is no potential for a lawsuit from any applicant who does not meet the stated job-related requirements.

Crafting a job description based on objective standards is a critical preventive step. "For example, if the position requires work on one Saturday every month, state that clearly in the job description," Panagos advises. "If you do, an employee who is fired for not working on those Saturdays cannot charge discrimination based on religious beliefs. If the job requires climbing stairs, state that in the job description. Then you are protected from an employee in a wheelchair who claims discrimination based on a disability." Panagos notes that the courts generally will not second-guess an employer on the requirements for a job.

"The law gives deference to employers in preparing the job description," she says. "If the requirement can be linked to a business reason, it will generally hold up."

Even if a discrimination claim is without merit, employers must respond, typically by assembling documents, interviewing all the participants in the hiring process, and then presenting all the relevant material to the government.

"A discrimination charge is very disruptive," Dreiband says. "It heightens anxiety and emotions and generates morale problems. Even when the actual dollar amounts that may be at stake are relatively small, a discrimination charge raises questions about racism and bigotry."

The EEOC is now devoting greater resources to pursuing systemic discrimination cases, which can generate awards that run into hundreds of millions of dollars. The new EEOC initiative is another good reason to ensure that recruiters and hiring managers rely on objective standards instead of a more expedient but potentially more costly subjective approach.

They’ll Just Keep Going, and Going, and Going… People age 55 and up are staying in the workforce in greater numbers than they have in the past, a trend that’s expected to continue. As a result, older Americans promise to help the U.S. economy make up for the relatively small “baby bust” generation.
By Ed Frauenheim

People age 55 and up are staying in the workforce in greater numbers than they have in the past, a trend that’s expected to continue. As a result, older Americans promise to help the U.S. economy make up for the relatively small "baby bust" generation. They also offer individual companies the prospect of wisdom and expertise—if employers can accommodate their goals.

The aging of the 78 million people who compose the baby boom generation is a big demographic shift that has some observers warning of a labor shortage. By 2014, baby boomers will be between the ages of 50 and 68. Despite this huge part of the population heading into their golden years, the U.S. Department of Labor expects the U.S. workforce to keep growing through 2014.

About 31 percent of those 55 and older were in the workforce in 1984. That number climbed to 36 percent in 2004, and the figure will jump to 41 percent in 2014, according to the Labor Department’s Bureau of Labor Statistics.

The actual number could be higher still, says Norm Saunders, coordinator for research projects in the bureau’s projections program. "We’re going to see a lot of competent older workers who want to work," he says.

By 2014, more than 1 in 5 workers will be 55 or older, according to the BLS. That compares with 16 percent in 2004. AARP research from 2003 found that more than two-thirds of 50- to 70-year-old workers said they plan to work into their retirement years or never retire.

On the other hand, a recent study from consulting firm McKinsey & Co. suggests people may overestimate their staying power. According to the report, 40 percent of retirees were forced to stop working earlier than they had planned, largely because of health problems or job loss. And while almost half of all baby boomers expect to work past age 65, just 13 percent of retirees have actually done so, the study says.

Whether or not they reach their goals, older workers seem driven in part by a desire to make a difference. A study last year from think tank Civic Ventures and the MetLife Foundation found that half of Americans age 50 to 70 want jobs that contribute to the greater good now and in retirement.

Another reason people are working longer is financial need. A 2003 report from the Economic Policy Institute, a Washington, D.C., think tank, said the loss of retirement wealth and the loss of access to retiree health insurance keep older workers in the labor force longer than before.

Boomers may need to rebuild nest eggs lost in the dot-com crash, but to lure them, companies may have to change. A December report from the Families and Work Institute research group concluded that older workers are more likely to continue working when they have more control over their work hours, workplace flexibility, job autonomy and learning opportunities.

If they can win over older workers, employers stand to win, according to an AARP-commissioned report from last year. "Replacing an experienced worker of any age can cost 50 percent or more of the individual’s annual salary in turnover-related costs, with increased costs for jobs requiring specialized skills, advanced training or extensive experience—qualifications often possessed by 50-plus workers," the report says.

Change of Venue

Beginning in January 2007, our Dulles SHRM Chapter meeting location will change to the Sheraton Hotel in Reston, at 11810 Sunrise Valley Drive, Reston, VA 20191. We will include reminders in the upcoming newsletters and mailers.   While we have enjoyed the customer service and hospitality of the Worldgate Marriott, our membership has grown such that the available rooms can no longer accommodate our monthly meetings.

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!

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