The Equal Employment For All Act

In March 2010 I blogged about the HR 3149 Equal Employment For All Act. Under this bill, if it became law, the bill would limit an employers use of an applicant's credit report when screening that person for a job.

January 19th of this year, Rep. Steve Cohen (D-TN) reintroduced HR 3149 as HR 321, The Equal Employment For All Act. Again the aim is to "amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees for purposes of making adverse employment decisions."

There are concerns about fairness in the use of credit reports. Since a percentage of minority group members in the U.S. with poor credit ratings is significantly greater than that of non-minorities, the EEOC has advised, and courts have held, that consideration of credit histories in making employment decisions can disproportionately affect minority applicants. As such, there is a violation of Title VII of the Civil Rights Act.

Under the bill, the use of credit reports in the hiring process would make exceptions and allow credit histories to be considered for jobs that require national security clearance, state or local government jobs, and certain jobs in the financial industry.

The question begs to be asked. Is poor credit an indicator of a person's character or ability to do a job well? People have been hit hard by the recession and have ended up with poor credit. In June the unemployment rate stood at 8.2%. Not having a job and money to pay bills can lead to bad credit as much as not paying your bills on time, even if you have money. It's a vicious cycle. People have credit that has been damaged by layoffs, company closures, medical bills or other factors beyond their control.

Some states are taking the initiative to limit the use of credit reports in the hiring process. Effective January 1, The Employment Credit Privacy Act went into effect in the state of Illinois. Signed into law by Illinois Gov. Pat Quinn, the law prohibits employers from using a person's credit history when it comes to getting a job. Washington, Hawaii and Oregon all have statutory requirements related to employer use of credit history.

Emergency Action Plans for Employers

June 1 marked the start of the hurricane season here in Texas. In 2010, Texas experienced $14.87 million in property damage and an additional $4.01 million in crop damage due to hurricanes.

Let's face it, 2011 is already fraught with devastating events across the U.S. Tornadoes ravaged Joplin, Missouri causing damage estimated at between one billion to three billion dollars. A massive blizzard hit Chicago, the third worst snowstorm in the city's history. If you look at the FEMA website (2011 Federal Disaster Declarations) you will find emergency declarations for flooding, severe storms, severe winter storms, Tsunami waves (California and Hawaii), landslides and mudslides. While I'm not expecting a Tsunami wave here in Houston any time soon, hurricanes, related flooding and fires are a real concern. With that being said, do you have an Emergency Action Plan in place?

OSHA (1910.38) requires a company, no matter what the size, to have an Emergency Action Plan in place. The emergency plan must “be in writing, kept in the workplace, and available to employees for review.” Note that employers with 10 or less employees may communicate the plan orally to the employees.

An emergency plan should address all possible emergencies that could happen, from electrical fires to flood, and how your employees are to respond. An emergency plan helps an organization take steps to protect its business, as well as employees, from harm. If a fire breaks out, your facility would have to be evacuated as quickly as possible. Do you have an evacuation plan in place? Do your employees know what steps to take? What steps should your employees take in the event of a bomb threat?

Under OSHA, the minimum elements of an Emergency Action Plan must include:

• Procedures for reporting the emergency.
• Procedures for emergency evacuation including type of evacuation and exit route assignments.
• Procedures to be followed by employees who remain to operate critical plan operations before they evacuate.
• Procedures to account for all employees after evacuation.
• Procedures to be followed by employees performing rescue or medical duties.
• The name or job title of every employee who may be contacted by employees who need more information about the plan or explanation of their duties under the plan.

Further, OSHA requires:

• That an employee alarm system must be maintained and have a distinctive signal for each purpose and comply with the requirements of employee alarm systems.
• Training for those employees who assist in the safe and orderly evacuation of other employees.
• Review of the emergency action plan with each employee covered by the plan. This review should occur when the plan is developed or the employee is assigned initially to a job; when the employee's responsibilities under the plan change; and when the plan is changed.

Emergency Action Plans are vital to protect employees from serious injury, property loss or loss of life, in the event of an actual or potential major disaster. The plan should describe the initial responsibilities and actions to be taken to protect all employees until the appropriate responders take over.

Be prepared - be safe!

The Parental Bereavement Act of 2011

On July 13, Sen. Jon Tester (D-Montana) introduced a bill that would allow parents grieving the death of a child to receive up to 12 weeks of job protected time-off under FMLA. The proposed amendment to the Family Medical and Leave Act of 1993 will amend Section 102 (a)(1) by adding, at the end, the following new sub-paragraph (F) “Because of the death of a son or daughter.” Under this proposed amendment, the leave shall not be taken intermittently or on a reduced leave schedule unless so agreed to by both the employer and the employee. Additionally,the employee will be required to provide notice as is “reasonable” and “practical”. This is one of several legislative initiatives introduced to enlarge the scope of the FMLA. Under Tester's Parental Bereavement Act of 2011, the death of a child would be treated like other life-altering event, providing the parents time to grieve.

This recent proposed amendment follows on the heels of “Bonding Leave” for adoption or foster care under FMLA. Under “Bonding Leave” employees may take FMLA before the actual placement for adoption or foster care of a child, if an absence from work is required for the adoption or foster care to proceed. This encompasses, but is not limited to, counseling sessions, court appearances, meetings with attorneys, travel, etc.

WashingtonWatch.com provided a widget so that individuals can express their views on The Parental Bereavement Act of 2011. The tally will update automatically as visitors vote. The widget has been provided below and I encourage each of you to express your views on this bill.



In closing, grief is complicated. For a parent the grief is overwhelming and nothing can prepare a parent for its enormity or devastation. This grief can give way to a vast array of conflicting emotions and responses. The Parental Bereavement Act of 2011 provides parents with time to cope with such traumatic loss.

Miniature Horses as ADA Accommodations?

Would you allow a Miniature Horse in your organization as an accommodation for an employee with a disability?

Beginning On March 15, 2011, only dogs are recognized as service animals under Titles II and III of the ADA. However, in addition to the provisions about service dogs, the revised ADA regulations address another "service animal" for which a separate provision has been added. This new revision addresses miniature horses that have been trained to work or perform tasks for people with disabilities. Entities covered by the ADA must modify their policies to permit miniature horses where reasonable.

Under these revisions, there is a four-factor test to assist organizations in determining whether or not a miniature horse can be accommodated in the facility. Those assessment factors are:

• Is the miniature horse house-broken;
• Is the miniature horse under the owner's control;
• Can the facility accommodate the horse's type, size and weight; and,
• Does the presence of the miniature horse compromise legitimate safety requirements necessary for the safe operation of the facility?

In closing, carefully review your company policies and practices regarding the use and admittance of Service Animals in your organization.

I Don't Do Reference Checks - They All Lie

I'm sad to say that this is an actual quote from a CEO in a health-care organization. What is the concern here? Without exercising reasonable care, under the doctrine of negligent hiring, the employer can be held liable if the employee commits a wrongful act within the scope of his/her employment.

As an employer, no matter what industry you are in, you have an obligation to screen all potential employees. You have an obligation to your organization, your employees and your customers, to ensure that the individuals you hire pose no threat.

In this instance the organization has employees handling drugs and patient property, employees in direct contact with patients, their families, caregivers, customers, vendors, and the public. Without proper screening, the employer has not exercised due care to protect these individuals.

What steps can a company take during the hiring process?

1. Request conviction information. If there is a conviction, what was the nature of the crime and does it disqualify the applicant from a given position? Is there a potential for repeating the crime? When did the crime occur?
2. Check gaps in employment history. Is there a significant gap in employment history? If yes, discuss the gap with the candidate.
3. Document all reference checks in writing. Use preprinted forms for the reference to complete. Maintain the documentation on file in the employees personnel file.

In closing, safe hiring practices are necessary to reduce the risk of injury to the organization and/or its employees as well as to reduce the risk of lawsuit. Hiring the right candidate can mean the difference between success and failure to your organization.

The Human Memo

This phrase has been floating around in my brain for the last couple of days. Ever heard of a Human Memo? Have you ever met one? It might be helpful if I provided you with a definition or a description to help you identify one!

These are managers who don't like to interact with other employees. They keep contact to an absolute, bare minimum. The Human Memo only comes out of his/her office when there is a need to communicate a task to the subordinate. But in the course of that communication, there is no interaction on a personal level. Reminds me a bit of the groundhog who only comes out of his hole on groundhog day and runs back when he sees his shadow. Oops, sorry. I'm rambling here.

I had the brief "pleasure" (and I use that term lightly) to work with an individual that I believe was truly an example of a Human Memo. She came into the office 1-2 hours after everyone else in the morning. She used the side entrance to avoid people. She never said "good morning." She didn't talk to people in the hallways. She provided no acknowledgement of their presence, no eye contact, nod, hand gesture. Nothing. She barely, if ever, met with members of her own staff. She limited her interaction to those individuals she viewed as her peers.

As an executive member of the organization, her actions left a lot to be desired. According to the owner, the manager just didn't like confrontation. Confrontation? Strange word to use. How about "interaction?"

I'm not beating on managers. Really. I promise. But I can't stress how important it is to have good managers. Their interaction with employees, and the quality of that interaction, is extremely important to employee satisfaction and the overall success of the business. One study indicates that 50% of work-life satisfaction is determined by the relationship a worker has with his/her boss.

With the manager above, the organization suffered 100% turnover in her department. Not once, but twice during a 4 month period. The organization has yet to recognized the link between the manager and the turnover.

Remember, a managers relationship with employees is key to employee satisfaction and decision to leave, or stay!

What Is A Good Manager?

Previously I discussed the book "The No Asshole Rule. Building a Civilized Workplace and Surviving One That Isn't." It's a great read and a book that I suggest every manager should read, re-read and read yet again. I mean, let's face it. A good manager makes an organization run smooth. And if you're a poor manager. . . . well, you get it.

From my perspective, a good manager should:

- Communicate openly and with candor
- Have the ability to motivate people
- Be able to delegate and therefore focus on their own job
- Have an open door policy and be approachable
- Let people make mistakes and let them learn from them
- Treat employees equally, equality is a practice promoted by a good manager
- Help employees learn and grow
- Empower employees
- Have a high level of integrity and lead by example

A Gallup poll suggests that good manager / employee relationships rest on four foundations. Gallup found that teams rating their managers highly in these four areas also scored highly on productivity and profitability. Employees would like:

- Managers who show care, interest and concern for their staff
- To know what is expected of them
- A role which fits their abilities
- Positive feedback and recognition regularly for work well done

In closing, take the time to continually evaluate the effectiveness of your managers. Ensure they function well in their positions. Provide them with annual training, coaching, growth seminars and even self-improvement books. You have everything to gain!

How to Work With Your Boss

Dealing with Different Management Styles.


This simple little article appeared in Living Magazine in June. It was so direct, and to the point, that I felt it was worth sharing.

"Bosses" come in different types. Here are a few.

Authority: Considers her word law; tolerates few complaints.
Hints for coping: Avoid all defensiveness; do the best you can. Always acknowledge the manager's expertise.

Director: Stays fully in charge, but open to input.
Hints: Don't rush ahead with ideas; explain to your manager, in advance, why they will work.

Delegator: Knows which tasks to assign to whom. Keeps direct supervision to a minimum.
Hints: Have the same confidence in yourself your manager has in you. Wherever possible, solve problems yourself.

Team Player: Runs his office like a democracy, regularly soliciting input.
Hints: Be a "team player" yourself; ignoring coworkers is as bad as antagonizing them. Show initiative and energy.

Absentee: Stays behind shut doors; delivers instructions, when she must, by messenger.
Hints: Treat your manager's gatekeepers (and key influencers) with friendly respect.

I feel that the manager types Authority and Absentee appear a bit negative. Hey wait, they were identified specifically as women. Is this a gender thing again? Where's the editor? We need to talk!

Q12: 12 Questions to Measure Employee Engagement

Is Employee Engagement important?

In a Deloitte survey asking employees about factors that would cause them to stay at or leave their current organization, 25% of the employees cited non-financial recognition from their supervisors or managers as a reason to stay. However, 20% cited the lack of this recognition as a reason to leave.

In a 2008 study by global consulting firm BlessingWhite, electronics retailer Best Buy reported that stores in which employee engagement increased by a mere tenth of a point on a five point scale typically see a $100,000 increase in sales for the year.

With all of the above being said, Yes, employee engagement is important.

Back a few years ago, The Gallup Organization created a system to measure employee engagement. As a result of multiple focus groups and interviews, Gallup developed the Q12, a 12 question survey. Each of the 12 questions is rated on a 5 point scale and falls into one of the below four categories. The Q12 database, with over 5 million responses, is perhaps one of the largest (if not the largest) employee benchmarks available.


Basic Needs: 2 questions
Management Support: 4 questions
Teamwork: 4 questions
Growth: 2 questions


Q12
1. Do you know what is expected of you at work?
2. Do you have the materials and equipment you need to do your work right?
3. At work, do you have the opportunity to do what you do best every day?
4. In the last seven days, have you received recognition or praise for doing good work?
5. Does your supervisor, or someone at work, seem to care about you as a person?
6. Is there someone at work who encourages your development?
7. At work, do your opinions seem to count?
8. Does the mission/purpose of your company make you feel your job is important?
9. Are your fellow employees committed to doing quality work?
10. Do you have a best friend at work?
11. In the last six months, has someone at work talked to you about your progress?
12. In the last year, have you had opportunities at work to learn and grow?

In closing, engaged employees feel valued and are willing to put forth their best efforts, thoughts and initiatives. Engaged employees drive performance for the company. Are your employees engaged?