The August 2023 Issue of HR Professionals Magazine

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Features

4 note from the editor

33 Register Today for the 2024 HR Conference Cruise

SHRM-SCP, SPHR

Editor Cynthia Y. Thompson, MBA,

Publisher

The Thompson HR Firm, LLC

Art Direction Park Avenue Design

Marketing and Social Media Specialist

Julie Nagem

Project Specialist

Liz Rogers

Photographer

Charles B. Thompson

Webmaster

Leo Dimilo

Contributing Writers

Alexander Alonso

William Brown

Martha Bryson

Harvey Deutschendorf

Amy Schabacker Dufrane

Ashley Dugger

Jill Evert

Tim Garrett

Maja Hartzell

Howard B. Jackson

R. Edward Johnson

Tim Keck

Kate Kellner

Darlene Miranda

Sarah Rodehorst

Contact HR Professionals Magazine:

To submit a letter to the editor, suggest an idea for an article, notify us of a special event, promotion, announcement, new product or service, or obtain information on becoming a contributor, visit our website at www.hrprofessionalsmagazine.com. We do not accept unsolicited manuscripts or articles. All manuscripts and photos must be submitted by email to Cynthia@hrprosmagazine.com. Editorial content does not necessarily reflect the opinions of the publisher, nor can the publisher be held responsible for errors.

HR Professionals Magazine is published every month, 12 times a year by the Thompson HR Firm, LLC. Reproduction of any photographs, articles, artwork or copy prepared by the magazine or the contributors is strictly prohibited without prior written permission of the Publisher. All information is deemed to be reliable, but not guaranteed to be accurate, and subject to change without notice. HR Professionals Magazine, its contributors or advertisers within are not responsible for misinformation, misprints, omissions or typographical errors.

©2023 The Thompson HR Firm, LLC | This publication is pledged to the spirit and letter of Equal Opportunity Law. The following is general educational information only. It is not legal advice. You need to consult with legal counsel regarding all employment law matters. This information is subject to change without notice.

Congratulations to Partice J. Dunn,

40 Online SHRM-CP | SHRM-SCP Begins October 16

40 FIU Center for Leadership

51 Apply for SHRM-CP | SCP by September 11 –Save $75

52 Coming Soon – WGU’s Master of Science in Human Resource Management

SHRM

9 Save the Date for SHRM24 in Chicago

35 2023 NC SHRM Conference in Wilmington Beach September 20-22

38 39th Annual KYSHRM Conference in Lexington August 29-31

39 Texas SHRM Global Conference in Houston September 14

41 SHRM Inclusion Conference in Savannah, GA October 30 – November 1

42 TNSHRM Conference in Chattanooga September 20-22

43 One SHRM Georgia Conference in Lanier Islands October 11-13

48 SHRM-Memphis Networking Event

50 2023 ARSHRM Conference in Fort Smith October 18-20

September 2023 Issue Features SHRM Fall Conferences in the Southeast. Deadline to reserve space August 15

Weare so excited to feature Dr. Scott Cawood, CCP, GRP, CSCP, CBP, CEO of WorldatWork, on our August cover! An in-demand speaker, presenter, and author—his second book, The New Work Exchange: Embracing the Future by Putting Employees First, hit shelves this past June—Cawood has turned his gaze toward the future of the HR profession and of work in general. He is intimately familiar with the angle; as CEO of the member-based association WorldatWork since 2015, he has set out to safeguard the human resources and total rewards professions, keeping them current and relevant as our workplaces rapidly change and the expectations of both employers and workers shift.

It is our pleasure to introduce the WorldatWork, the Total Rewards Association to our readers. Total Rewards is an integral function of Human Resources. According to a recent survey, 90% of hiring managers prefer comp candidates with WorldatWork credentials. Please see Page 12 and 13 to learn more about the certifications they offer. These certifications can help you increase your skills to advance your career and drive performance in your organization. Here is a link to view my interview with Dr. Cawood https://fb.watch/m1745dj_Qn/ at the 2023 Alabama SHRM Conference in Perdido Bay in May.

We are kicking off our fall SHRM Conference season with the 45th Annual HR Florida Conference & Expo in Orlando August 27-30. The 39th Annual Kentucky SHRM Conference coincides on August 29-31 in Lexington. September 14 we will be covering the Texas SHRM Global Conference in Houston, and then on to beautiful Chattanooga September 20-22 for the 2023 TNSHRM Conference. The NCSHRM Conference will also be September 20-22 in Wilmington.

There are four more exciting conferences we are looking forward to in October beginning with the HR Tampa Conference October 6. We will be in fabulous Lanier Islands for the One SHRM Georgia Conference October 11-13. Next we will travel to Fort Smith for the ARSHRM Conference October 18-20. We are in lovely Savannah, GA, October 30-November 1 for the SHRM Inclusion Conference. We will bring you the exciting highlights from each conference!

Want to be a SHRM-CP or SHRM-SCP? If you are not yet a certified HR professional, you have an excellent opportunity coming up! Our next Online SHRM Certification Exam Prep Class begins October 15. You can register on our website to join our class. The deadline to register is October 8. These classes are affordable and convenient! You can take the class from the comfort of your home on your own computer. We are proud of our 90% pass rate! Get certified!

Hope you are enjoying our Thursday sponsored webinars! Mark your calendar now and plan to join us for my monthly webinar sponsored by Data Facts. You will earn 1.00 SHRM PDC and 1.00 HRCI Business Credit. It will be August 24 at 2 PM CT. Watch your email for your invitation! If you are not receiving an invitation to our weekly webinars, you can click on “Subscriptions” on our website.

cynthia@hrprosmagazine.com

Congratulations to Patrice J. Dunn on receiving her PHR certification!

Patrice J. Dunn is a Human Resource Specialist for Hood Industries, where she currently develops and coordinates ongoing professional education and training for over 1,400 employees across 20 manufacturing and distribution facilities.

Dunn began her career in management with Cintas Corporation as a Management Trainee in their 2-year program after pursuing a degree in Management with a minor in Business Administration from The University of Southern Mississippi. Following the completion of the Management Trainee program, Dunn accepted a position at Kohler Engines as Human Resources Co-Op while completing her master’s degree in Human Capital Development from The University of Southern Mississippi. While at Kohler, Dunn specifically gained insight and experience in the day-to-day operations of the Human Resources department. Her involvement with the pre-employment and onboarding cycle at Kohler afforded her the opportunity to become a vital and respected member of the HR team.

From Kohler, Dunn joined the corporate People Operations department at Hood Industries in 2020. She works directly with managers throughout the company to determine what specific technical training is needed to make certain that employees at each location are operating at maximum efficiency. Dunn believes that investing in the employees’ ongoing training using advanced technology, best practices, and topical experts ensures that the company’s main assets, their people, are effective. This allows Hood Industries to remain competitive in the wood products industry. She believes that investing in employees’ training promotes a safe workplace, reduces turnover, and increases retention.

Dunn understands that every day is an opportunity to learn, she used this as a motivator to obtain her Professional Human Resources certification. Through this advanced certification she will expand her knowledge of the human resources field and be an asset to any organization.

Dr. Scott CAWOOD

Dr. Scott Cawood CCP, GRP, CSCP, CBP CEO of WorldatWork

Dr. Scott Cawood, CCP, GRP, CSCP, CBP, has always been deeply fascinated with work. It’s a focus that’s driven his career, which has spanned decades and included highly diverse experiences, ultimately bringing him from CHRO to CEO.

An in-demand speaker, presenter, and author—his second book, The New Work Exchange: Embracing the Future by Putting Employees First, hit shelves this past June— Cawood has turned his gaze toward the future of the HR profession and of work in general. He is intimately familiar with the angle; as CEO of the member-based association WorldatWork since 2015, he has set out to safeguard the human resources and total rewards professions, keeping them current and relevant as our workplaces rapidly change and the expectations of both employers and workers shift.

A self-described “work nerd,” Cawood’s passion for the workplace and how it functions (or not) inspired him to earn degrees in organizational communication, labor and industrial relations, education, and a doctorate degree in organization and work-based learning. He’s forged these disciplines into a singular passion for organizations dedicated to great work. Under his leadership, WorldatWork has dedicated itself to figuring out how to make work and the employee experience better for people and top organizations across the world—as well as anticipating how the future of work will be shaped.

At the root of it all is a simple philosophy: that we ought to treat our colleagues as people first—not simply as means to an end within a corporate context—and that approaching them as such generates greater output. Cawood’s exploration of the concept has entailed focusing not only on what workers can bring to their organizations, but also how they learn, how they absorb their surroundings, and what they require not only to survive, but to thrive.

“We’re in this to make a bold and deep impact on individuals through the stuff that we work on and in organizations,” he states succinctly, noting that much of his role revolves around curating learning experiences for people.

To Cawood, a people-first approach in the workplace does not simply represent good citizenship in practice, but also pragmatism at play. He is quick to point out that when basic needs are primary in one's mind, far less energy can be meaningfully devoted to learning, skill acquisition, and social interaction—all vital to unlocking the full potential of teams. The rigidity of workplaces past, Cawood argues, constrained or hid our colleagues’ full outputs. Fostering a culture in which all individuals are valued as they are, then, is essential not only to our social health among our peers, but also to our organizations’ overall productivity and ability to innovate.

As generational shifts, changing practices, and evolving technology affect the workplace, what we know as human resources is also progressing. It’s a complicated challenge, acknowledges Cawood—but one that also serves as a call to action. 

WELCOME to the 2023 45 TH ANNUAL HR FLORIDA CONFERENCE & EXPO!

By MARTY BRYSON

Human Resources is the heart of any organization. More than most professions, HR evolves at an almost unimaginable rate. Tanya Vaughn Patterson, the 2023 Conference Director and her team of volunteers have been working hard organizing the 45th HR Florida Conference and Expo. Occurring August 27th – 30th at the breathtaking Rosen Shingle Creek Resort, this is the largest HR event in the Southeast. Professional development opportunities like this one, where you can learn and interpret new trends and complicated legislation are essential to remain current and compliant in our profession. The 3 ½ days are packed with education, networking, and entertainment opportunities for a memorable attendee experience.

Programing includes 3 keynote speakers – Cara Brookins, software coder who rebuilt her life by constructing a home for her broken family using YouTube tutorials; Ryan Leak, author of Chasing Failure, who inspires others to become the best version of themselves; and Robyn Benincasa, world champion adventure racer, full time firefighter, and New York Times best-selling author who gives individuals the leadership and teambuilding tools they need to cross their own finish lines.

Concurrent sessions are tailored to all professional levels; from those new to the HR field to those in senior-level executive roles. Over 110 phenomenal and energizing speakers will provide real, actionable solutions that you can implement for your organization. There is a master series for those that want more in depth exploration on a subject. Speaking of in depth exploration, HR Florida has partnered with CUPA to provide a one day pre conference event devoted to the unique employment situations faced in higher education. Additionally, there is going to be a legal roundup with employment law attorneys from around the state discussing current trends and hot topics. All of which have been approved for 17 PDCs/ recertification credits through SHRM and HRCI.

Learning also includes unparalleled opportunities to talk with industry professionals in our Expo Hall. Our vendors can discuss and demonstrate the latest human resource related products and services designed to tackle your most pressing HR challenges. Existing relationships can be strengthened with face to face interactions.

Each year HR Florida selects a charity to not only give back to the community but to bring awareness to worthy organizations across the state. For 2023, the National Alliance on Mental Illness

(NAMI) Florida will be the beneficiary of our fundraising efforts. NAMI Florida is the state organization for the National Alliance on Mental Illness and the leading voice and support for those affected by mental health conditions and their families. NAMI Florida has 24 Affiliates serving 35 counties across Florida. For every $25 donated NAMI is able to provide 15 hours of support to individuals and families affected by mental health conditions.

No HR conference would be complete without including SHRM. HR Florida is honored to be hosting a quarterly meeting of the SHRM MAC reps and a special gathering for attendees that are SHRM Executive Network participants in conjunction with the conference. The SHRM Store will be on site providing access to in demand books and branded merchandise. In the Expo Hall, HR Florida is holding a raffle of tempting designer bags, adult beverages, and enticing gift baskets to support the SHRM Foundation.

But wait…there’s more…. HR Florida is not just about education and networking, we also believe that attending a conference should be fun! The fun starts on Sunday with our Welcome Reception. There will be DJ, raffles, prizes, and Team Trivia that will encompass HR Florida history, sponsor knowledge, and other fun topics sprinkled in.

The fun continues on Monday night with the Grand Opening Reception of the Expo Hall followed by a Silent Disco Amplified by LocialiQ and JobCase. Headphones, LED glow tubes, fiber optic wands, and LED bracelets will be the accessories of the night!

Carly the Cow is the mascot for the conference this year and she has traveled the state, the nation, and even gone overseas promoting Tuesday Night at the Fair. State Fair…Country Fair… County Fair, which ever is your favorite, celebrates friendship and community. Fun music, comfy clothes, great food, photo ops, and games will create the perfect atmosphere for the final night of the conference.

Carly says….see you at the conference….

Marty Bryson, President

45th Annual HR Florida Conference & Expo Orlando, Florida

Meet the HR FLORIDA

STATE COUNCIL EXECUTIVE COMMITTEE

PRESIDENT

Martha "Marty" Bryson, SHRM-SCP, SPHR

Home Chapter: SHRM Southwest Florida

PRESIDENT ELECT

Dana Mullins, MBA, SHRM-CP, SPHR

Home Chapter: Greater Pensacola SHRM

VICE PRESIDENT

Troy Clements, SHRM-SCP, SPHR

Home Chapter: Greater Orlando SHRM (GOSHRM)

SECRETARY

Renee Hood, SHRM-SCP, SPHR

Home Chapter: Sarasota-Manatee SHRM

TREASURER

Andrea Williams, SHRM-SCP

Home Chapter: Mid-Florida SHRM

DIRECTOR, STATE CONFERENCE

Tanya Vaughn-Patterson, SHRM-CP, PHR

Home Chapter: Palm Beach County SHRM

IMMEDIATE PAST PRESIDENT

Chad Sorenson, SHRM-SCP, SPHR

Home Chapter: SHRM Jacksonville

HR Succession Planning – Are You Prepared?

By ASHLEY DUGGER

As HR professionals, we tend to consider succession planning as a task we assist with for the teams and leaders we support at our organizations. However, we must also dedicate time and attention to our own teams of HR professionals to ensure we have continuously monitored succession plans, cross-training opportunities, and growth and development options to build our own pipeline of future HR leaders and specialists!

Not only does the Bureau of Labor Statistics predict that there will be “about 16,300 openings for human resources managers … projected each year, on average, over the decade” through 2031, they note that many of the projected openings are to result from needing to replace HR professionals who leave the industry to go to new occupations or exit the labor force entirely (i.e. retirement). Not only does this expected gap pertain to HR managers, but BLS also notes that roles such as HR Specialists are projected to show “81,900 openings … each year, on average, over the decade” for the same reasons noted for HR managers.

In addition to expected retirements, recent surveys of and qualitative feedback from various HR professionals in different functions of HR showed that stress, burnout, unsupportive leadership, and lack of feeling valued are all contributing to why HR professionals choose to leave the industry and pursue other opportunities, thus creating the need for strong HR succession pipelines and support for HR to retain talent.

A 2022 survey by Workvivo noted an overwhelming 98% of HR professionals reported feeling recently burnt out, 78% are open to searching for new jobs, and 71% did not feel valued in their current organizations. These statistics underscore the importance of focusing on our HR teams as much as we focus on other departments in the organizations that we support in order to not only drive cultural change where we can in terms of HR feeling valued and included, but also to properly manage workload, cross-training, and development opportunities for HR professionals to keep them engaged and excited about the future of HR.

Conducting specific root-cause analysis and surveys with your HR teams if they are feeling burnout or not valued might help you pinpoint specific actions you can take in conjunction with your senior leadership team to tackle these issues from the ground up to drive change and hopefully retain your HR team. Taking a deep dive into resource scarcity in terms of software, technology, time, and other tools needed to invest in your HR team’s functionality and free up time for more strategic work will also be beneficial in succession planning.

In particular, executive-level HR positions tend to be an area where HR teams are failing to properly plan for future talent flow, especially considering many HR professionals choose to specialize in one HR function and lose insight into full-scale strategic HR work needed in senior-level positions, or lack focus on continuing to strengthen business-acumen skills to combine with their HR skills. Creating a formal successionplanning process to build and continuously develop future HR leaders for senior-level positions will require support and participation from other executive leaders at your organization, with regular, ongoing inter-

action, planning, and engagement with the potential successors. Help these candidates learn the operations of the business and how these different teams interact for organizational success – not just learning the ins and outs of the senior HR position itself.

Remember to not only teach the successors through knowledge transfer and learning, but have them start taking on impactful tasks and projects to prepare them in a hands-on way for future leadership roles, build their confidence, and start to see themselves in their future positions. Conducting a skills-gap analysis on your HR team to identify strengths and areas of opportunities can help you create a bench of high-potential team members to move through more formal succession-planning activities.

While there may certainly be a gap in executive HR succession planning, make sure you are planning for full HR team succession, not just senior leadership positions. Has the team cross-trained so that if someone unexpectedly left, the work would continue as seamlessly as possible? Creating tangible skills pathways for HR professionals to upskill or reskill in preparation for promotions or career mobility in the HR profession will also be a key action to take in order to start your succession planning. Who on your HR team might enjoy and benefit from shadowing an HR leader or a specialized HR function to learn new skills and be ready if an opening presents itself on the team? Where the work is currently siloed, you may need to immediately cross-train other team members for business-continuity purposes.

While many are concerned about the impact of AI on HR, here is an opportunity to use AI and tools like ChatGPT to your team’s advantage by having AI-generated scenarios as part of flexible learning opportunities that your team can train with asynchronously. You can pair them with a mentor or teammate to review their replies to the scenario(s) and discuss alternative responses, tactics, or resources that may be helpful to explore in order to most successfully manage the scenario. Combine this type of learning with hands-on training for maximum impact.

Part of building an HR succession pipeline also means getting creative in hiring new HR talent in addition to investing in your current internal talent pool. A 2022 article from SHRM by Debra Cope advises that “being open to candidates who may have transferrable industry experience and skill sets will benefit recruiters” and to refrain from only looking at more traditional, linear pathways that candidates might possess in order to fill HR positions and create succession plans. You might also review the current team structure as you look at projected future needs of both the organization and the HR team itself, and reconfigure as needed to more effectively support the goals of the business and align HR strategy to those goals.

Seeking out temporary HR talent might also be an option according to SHRM, especially during seasonal peaks such as open enrollment and budget season. As you meet connections at conferences, networking events, and through associations such as SHRM chapters, benchmark what others are doing to prepare their HR talent pipelines. Proactively building your HR succession pipeline doesn’t have to feel overwhelming – start with small steps but act now to plan for success in the future!

Ashley Dugger, DBA, SHRM-CP Associate Dean and Director-HR Management and Organizational Psychology Programs Western Governors University ashley.dugger@wgu.edu www.wgu.edu

We are honored to present our ninth installment of

Talking Taboo

Making the Most of Polarizing Discussions at Work

BY ALEXANDER ALONSO, PHD, SHRM-SCP ALEX IS SHRM’S CHIEF KNOWLEDGE OFFICER.

Chapter 9 Opinions, Empathy, and Culture

The previous chapters demonstrate how willingly and often people exchange views on all manner of subjects and how prone we are to taboo talk in particular. During contentious conversations, people often become opinionated—“firmly or unduly adhering to” their opinions.1 This behavior is an indication of entrenched thinking, which can be used as a weapon to damage others—an especially dangerous state of affairs in the workplace. (Recall the updated definition of polarization in Chapter 2: the adoption of opposing perspectives with the potential for weaponized entrenchment.)

Polarization is a symptom as well as a catalyst of taboo talk, fostering divisions that can be fatal to an organization’s survival.

Another cause of division is defensiveness, which, according to author and educator Irshad Manji, arises from the fear of being judged. Citing behavioral science research by Otten and Jonas,2 Manji explains that “when we feel shamed, blamed, or labeled unworthy by those whose respect we covet, we become defensive. The result? More division.”3 Working or learning in a judgmental environment “rarely inspires people to listen to one another authentically” but instead creates the conditions for “sowing resentment, fueling selfcensorship, and undermining collaboration.”4

In terms of taboo talk in the workplace, someone who is defensive of their views because they feel judged for expressing them is in the same position as someone who is opinionated: their perspectives have become entrenched and thus are more likely to be weaponized.

DIVERSITY WITHOUT DIVISION

So, how do individuals and organizations achieve “diversity without division” in a society that is “increasingly diverse and polarized at the same time” and “needs people to engage with empathy”?5 Can people who work together learn to express differing opinions on polarizing issues without letting their conversations devolve into or exacerbate real conflict on the job?

Manji’s solution is to “cultivate diversity of viewpoint” in the organizational culture. “Honest diversity [in an organization] starts with the desire for varied perspectives,” she says, because this enables diverse representation to emerge “honestly” or organically from within. Having a mix of views can “build bridges—and teamwork—across institutions.” Imposing diverse representation on an organization, however, hoping that will inspire diverse thinking (“the other way round”) will instead “incite needless friction.”6

To help institutions embrace diversity of thought, Manji developed a framework to train businesses, schools, and communities in “moral courage.” This philosophy and methodology recognizes that “learning to communicate across differences, especially disagreements, is a key leadership skill,” which is designed as a tool “to transform disagreement into engagement and, ultimately, into shared action.”7

1 Merriam-Webster, s.v. “opinionated (adj.),” accessed September 26, 2021, https://www.merriam-webster.com/dictionary/opinionated.

2 Marte Otten and Kai J. Jonas, “Humiliation as an Intense Emotional Experience: Evidence from the Electro-Encephalogram,” Social Neuroscience 9, no. 1 (2014): 23–35, https://doi.org/10.1080/17470919.2013.855660.

3 Irshad Manji, “Fear Sows Division,” Moral Courage ED, accessed September 26, 2021, https://moralcourage-ed.org/about/.

4 Irshad Manji, “White Fragility Is Not the Answer. Honest Diversity Is,” Heterodox: The Blog, July 7, 2020, https://heterodoxacademy.org/blog/viewpoint-diversity-white-fragility-honest-diversity/.

5 Irshad Manji, “Diversity without Division,” Moral Courage ED, accessed September 26, 2021, https://moralcourage-ed.org.

6 Manji, “White Fragility.”

7 Moral Courage Project, Moral Courage College Teaches “Honest Diversity,” accessed September 30, 2021, https://moralcourage.com/wp-content/uploads/2019/11/Document-for-mc.com_learn.pdf.

Read the entire Chapter 9 at www.hrprofessionalsmagazine.com

We Should Have Seen That Coming Early Warning Systems that Prevent Violence

By TIM KECK

According to Tupelo, Mississippi resident Chad Mims, that's what everybody was saying after the 2014 tornado that destroyed 2000 homes but killed only one person (ClarionLedger.com). As WTVA's chief meteorologist, Laubhan sounded the alarm long and loud, trying to convince people to take shelter, that the danger was real. He aired pictures of his baby girl making emergency plans. But it was his live, on-air evacuation of the weather studio that everyone still talks about. With the words "Basement, now!" Laubhan ordered the crew downstairs as the twister closed in. That move likely convinced any remaining doubters to take shelter.

As to his role in saving potentially hundreds of lives, Laubhan says he's humbled by the praise. But he credits his training and reliance on God for guiding him that day.

Maybe Matt Laubhan has something to teach us as well. Because whether we are talking about tornados, heart attacks, or targeted violence, early warning systems save lives.

An early warning system (EWS) is anything that gives you advanced notice of danger, allowing time to prepare and implement plans. Our seminars, the recent history of attacks at businesses, and this very message all serve as early warnings of what might happen. But let's get more specific about other systems you can implement.

1. Domestic Violence EWS – Domestic violence is prevalent in our society, with one in six women being victimized at some point in their lives. The tendency toward secrecy is what makes this problem so dangerous and keeps people from talking about it. TIP: Initiate a Domestic Violence program for your organization, offering support for victims and offenders. You may utilize classes and support groups, giving encouragement and confidentiality to anyone who comes forward with information about a DV situation.

2. Politics/Trends EWS – We know that some people are friendlier to your organization or industry than others. The same might be said of politicians because most of them are people. Knowing what those in power believe and are saying can be an indicator of things to come. TIP: Make this topic part of your weekly security briefing, putting plans in place to respond as things play out.

3. Threatening Communications EWS – Organizations sometimes receive emails, letters, and packages that give cause for concern. Threats may be direct ("Someone is going to die"), indirect ("You're going to pay") or incoherent ("Ezekiel will appear with subjugation"), or some combination of the three. TIP: Assign one person to categorize and monitor all such communication, contacting an expert for analysis and recommendations.

4. Internal Threat EWS – Part of the problem with workplace violence is that it can come at you from many directions. Your folks may face danger from an angry homeless person, an armed robber, or the person sitting in the next cubicle. TIP: Get training for HR, Safety/Security, and, ultimately, all employees in the Warning Signs of Violence. This is the key to prevention.

5. In-House Expertise EWS – For companies or individuals committed to keeping people safe from violence, there is no substitute for designating a staff member to be responsible for watching for signs and accurately assessing the danger level. In response to that need, we developed the nation's first Certified Threat Analyst program. TIP: Enroll in our CTA course and learn how to recognize and prevent violent acts from verified experts. This 16-hour course is taught live via webinar, running two hours per session. You can also earn HRCI and SHRM continuing education credits.

We've given you five to consider for now, but at SafeHaven Security Group, we promote several effective early warning systems that allow you to recognize and prevent acts of violence.

Because, as Matt Laubhan might say, "There's a storm coming."

Contact SafeHaven Security Group, LLC today so we can empower you with practical steps to keep yourself and your people safe. Learn more by emailing experts@SafeHavenSecurityGroup.com or call 844-SAFE GROUP.

Tim Keck, Senior Consultant Safehaven Security Group tim@safehavensecuitygroup.com www.safehavensecuritygroup.com

"Matt Laubhan saved my life."

The Butcher, The Baker, and The Wedding Website Maker

By HOWARD B. JACKSON

InJune the United States Supreme Court issued a decision in 303 Creative, LLC v. Aubrey Elenis et. al. holding that the State of Colorado could not use its public accommodation non-discrimination law, the Colorado Anti-Discrimination Act (CADA), to force a website designer to offer her services to gay couples. To understand how the Court got there, and the implications of this decision, let’s begin with some factual and legal context.

303 Creative, LLC is owned and operated by Lorie Smith. She provides website and graphic design, marketing advice and social media management services to businesses generally. She is the sole creator of the designs and communication services.

Ms. Smith wished to expand her offerings to include website design for couples who wanted a website for their wedding. Her website would provide couples with text, graphic arts and video that would celebrate and convey their love story. The text and graphics would be original and customized.

The case arose because Ms. Smith feared that if she declined to provide services for gay couples, which would conflict with her religious beliefs, the State of Colorado would bring legal action asserting that she was violating the CADA. She further feared that Colorado would attempt to force her to provide messages inconsistent with her belief that marriage should be reserved for unions between one man and one woman.

Ms. Smith’s fears had a basis in history. After all, Colorado previously brought legal action against a wedding cake baker in Masterpiece Cakeshop, Ltd v. Colorado Civil Rights Commission, another case that reached the Supreme Court. Accordingly, she sued seeking an injunction prohibiting the State from forcing her to create wedding websites celebrating marriages that are inconsistent with her beliefs on the ground that such action would violate her rights under the Free Speech Clause of the First Amendment.

Ms. Smith and the State stipulated to several facts, including each of the following:

• Ms. Smith is willing to work with all people regardless of classifications such as race, creed, gender, or sexual orientation and will gladly create custom graphics and websites for clients of any sexual orientation.

• Ms. Smith will not produce content that “contradicts biblical truth” without regard to the identity or beliefs of the person who orders it.

• Ms. Smith’s belief that marriage is a union between a man and a woman is a “sincerely held religious belief.”

• The graphic and website design services Ms. Smith provides are “expressive.”

• The websites and graphics Ms. Smith provides are original, customized creations that contribute to the overall messages the business conveys via the websites it creates.

• As with the other services, the wedding websites would be expressive in nature.

• The wedding websites would be customized and tailored through collaboration with the couples and will celebrate and promote Ms. Smith’s view of marriage.

• To the extent Ms. Smith would be unavailable to provide certain services to potential customers, there are many companies in Colorado and across the nation that offer website design services.

Colorado contended that the wedding website service Ms. Smith intended to offer was not materially different than other forms of commercial transactions, whether fees for services or simple purchases. The Court and the parties agreed that the CODA would apply to myriad transactions. By way of example from this author, the purchase of meat from a butcher shop.

The Supreme Court, however, did not buy Colorado’s argument. While the Court agreed there are “innumerable” sales of goods and services that do not implicate the First Amendment, those that do implicate the First Amendment are on different ground. The Court observed that public accommodation laws are not “immune from the demands of the Constitution.”

In this case, based in large degree on the stipulated facts above, the Court found that the intended website services were “pure speech”. As such, the services were entitled to protection under the Free Speech clause of the First Amendment. CADA could not be applied to silence Ms. Smith.

Further, under the Free Speech Clause, the government cannot compel a person to speak the message that the government prefers. Yet, by enforcing CADA against Ms. Smith and requiring her to offer her services in connection with marriages that she did not endorse, that is precisely what Colorado sought to do.

The Court noted that the First Amendment envisions the country as a place “where all persons are free to think and speak as they wish, not as the government demands.” The Colorado law sought to deny that promise and the Court therefore sided with Ms. Smith.

The outcome of this case does not directly impact workplace laws or policies, as it is a First Amendment case by a citizen against the government. It is another chapter in the ongoing dialogue and debate that involves tension between individual freedoms and attempts to abolish discrimination in many forms.

That discussion and debate can certainly invade the workplace and in some instances can create unnecessary and unhelpful division among employees. A few thoughts about how to avoid that situation are set out below.

Keep focus on the organization’s mission, vision, and values. Presumably, the mission relates to the product or service the organization provides; the vision indicates what the organization strives to be; the values are principles that can be adopted without reference to any particular religious or political affiliation. Make them known and make them a strong focus.

If and when divisive social issues arise between employees, the employer can reference its mission, vision and values and coach the employees that in the workplace those need to be paramount. Everyone’s personal dignity and views are respected (something which may well be a value of the organization). But debate over religious or political dictates, particularly regarding divisive subjects, does not contribute toward achieving our mission. Accordingly, employees should avoid getting into such discussions at work.

Wait a minute, you may say, didn’t we just talk about the importance of freedom of speech? Yes, we did. But it is important to understand that the First Amendment applies to governments, not to private employers. (The rules applicable to governmental employers are therefore different, but beyond the scope of this article.) Private employers can, and should, manage and regulate the discussions that employees have at work such that the organization can maintain its proper focus. Given that we are about to enter the throes of a presidential election cycle, this is a principle worth remembering – and applying!

Howard B. Jackson, Member Wimberly Lawson Wright Daves & Jones PLLC Knoxville, Tennessee office hjackson@wimberlylawson.com

Survey Shows Parental and Family Leave Programs Increased in 2023

With over 4,000 respondents, the Society for Human Resource Management’s 2023 Employee Benefits Survey found that the number of employers offering family support and leave benefits has significantly increased since 2022. Numerous factors may have contributed to the increase in family benefits offerings, such as heightened employee expectations, an increased number of employers recognizing the importance of supporting employees and their families, and more flexible time because of the COVID-19 pandemic. This article further explains the trend in parental and family leave programs.

Survey Results

Over one-third (39%) of organizations now offer paid parental leave, a six-point percentage increase from 2022. Paid maternity and paternity leave increased by five percentage points from the previous year and are currently provided by 40% and 32% of employers, respectively. The report found that paid adoption leave and paid foster parent leave also increased from 2022 to 2023, rising six percentage points and three percentage points, respectively.

Employer-ranked Importance of Benefits

Employers continue to rank health care benefits as the most crucial benefit offering, with 89% of HR leaders listing it as “very important” or “extremely important.” Among health care coverage options, preferred provider organizations remained the most common (82%). High deductible health plans linked to health savings accounts (HSAs), flexible spending accounts (FSAs) and health reimbursement arrangements (HRAs) continue to gain popularity, with 64% of employers offering such plans, up from 61% in 2022. Group HRAs and medical FSAs have slightly decreased in popularity.

Employer Takeaway

Family benefits are an effective way for employers to support employees and their families. Such benefits show employees that their employers value them, which can ultimately increase employee satisfaction, boost morale, and improve attraction and retention. Understanding current benefits trends provides savvy employers with an opportunity to gain a competitive advantage and improve their attraction and retention efforts.

FEDlogic - An Employee Benefit Reducing Expenses & Offering Peace of Mind

By KATE KELLNER

Employer group healthcare plans have been the way American families get the care they need, when they need it - from annual physicals, childbirth, complex surgeries, and dialysis to end-of-life care. These plans have been the catalyst for so many personal successes, but what happens when big questions arise? “I’m eligible for Medicare. What should I do?” “My wife went into premature labor; our baby will be in the NICU for months. How can we do this?” FEDLogic is the employer-offered benefit that serves as a resource for when the employer’s benefit plan may no longer be the best solution.

OUR STORY

FEDlogic was founded in 2015 to transform the way companies support their employees in navigating their federal and state benefits. Co-founder Frank Cardenas learned first-hand about the struggles families face in navigating benefits. Frank’s sister Alex was born with a severe developmental disability that rendered her unable to work and support herself. Frank’s family did their best to advocate for her and make sure her needs were met, but living in a rural community with limited resources, they struggled to receive benefits that would improve her quality of life.

While working at the US Social Security Administration (“SSA”), he and his family learned Alex missed out on four to five years of benefits. His family didn’t know all the rules for SSI, and they didn’t have anyone advocating for them at the federal or state level.

At SSA, there simply aren’t enough people to handle the volume of work. To effectively serve the American public, their focus must be on quantity instead of quality. There isn’t enough time to answer questions and ensure that everyone understands the benefits for which they are filing. Additionally, SSA is unable to provide advice and strategy when filing applications for benefits like Retirement and Medicare. After a 10-year career with SSA, Frank and his wife Elizabeth founded FEDlogic. Today, FEDlogic is proud to fulfill its mission to provide families with unlimited and unbiased access to the knowledge of its experts at no cost to the family.

Because FEDlogic is a benefit provided by employers to their employees, they can provide these consultations with subject matter experts and spend time helping them understand the benefits they have earned and deserve. The primary objective is to help people, especially during times of need and vulnerability.

THE NEED

FEDlogic has identified the need for healthcare avenues with better coverage and lower costs. Right now, employers cover about 70% of healthcare costs, with large claims increasing 12-14% per year for events like End Stage Renal Disease (ESRD), Amyotrophic Lateral Sclerosis (ALS), cancer, and Medicare-age claims. According to Social Security, one in four employees will become disabled before reaching retirement age. Employees and their dependents can generate high-cost healthcare claims which may otherwise be covered by disability. At least 20% of employees aged 65 and older may be unaware they can continue working, but elect Medicare as their primary insurance. Medicare and Social Security Retirement education is key.

LANDSCAPE & IMPACT

In 2022, FEDlogic commissioned the actuarial firm Perr & Knight to complete an exhaustive independent analysis of self-funded group healthcare plans and trends in high-cost claims. They found instances in which an individual has over one million dollars in healthcare claims

in a single year are becoming more common. 89% of those milliondollar claims are generated by individuals who are under the age of 60. The number of high-cost claims is rising faster than standard medical inflation; people below standard Medicare age who are eligible for federal programs have claims costs three to four times higher than the general US population. This information is surprising to many because, traditionally, employers and insurers have believed Medicare-aged individuals have the highest cost claims.

According to the actuarial analysis, employers can conservatively estimate savings of $26,400 for everyone who transitions off their group health plan. Historically, one third of individuals who consult with FEDlogic find a preferable healthcare avenue than their current employer plan.

OUR SERVICES

“Our company was started to help someone work out a federal government benefit puzzle. We continue today using those same tools on a much broader scale. We’ve learned over the past nine years how making healthcare coverage decisions that are right for them can be intimidating for people who are facing retirement, dealing with a life-altering disease, or facing a catastrophic change. What we’ve also discovered is that information from a trusted and knowledgeable source can give them the confidence to decide and overcome their fear and hesitance,”

Frank Cardenas, co-founder & CEO of FEDlogic

All FEDlogic experts have held technical and leadership roles within the US Social Security Administration and other government programs. Those experts have a cumulative average of 25 years of experience; they understand the policies and requirements from the inside-out and can provide unparalleled practical guidance and insight. Consultations are phone and email based, and are unlimited, confidential, and no-cost to an employee and their household members.

Consultations can be completed on the spot or scheduled at the employee’s convenience. An expert is available through the entire process from application through completion. Employees can trust FEDlogic because they do not sell, endorse, or promote any products or services.

FEDlogic’s goal is to provide unbiased education to support families in navigating their benefit options.

FEDlogic provides consultations and personalized planning for a multitude of state and federal benefits including, but not limited to:

• Social Security Disability

• Supplemental Security Benefits (SSI)

• Medicaid

• End Stage Renal Disease (ESRD)

• Amyotrophic Lateral Sclerosis (ALS)

• Premature Baby Births

• Tribal Benefits

• Social Security Retirement

• Medicare

• State Specific Benefits

• Unemployment

• Cancer

• Veterans Benefits

“A mother with three young children lost her husband who was their sole provider and carrier of their health insurance. She reached out for help with possible federal benefits amid her grief. As I comforted her, I explained that we will walk her through educating and maximizing every possible federal benefit they are eligible to receive.

This mother was troubled that she had no income to sustain her family, but I was able to assist her with applications for mother-incare benefits, survivor benefits for each child, and health insurance through Medicaid.”

Jermaine Boyd, Vice President of Services at FEDlogic

IMPLEMENTATION & ENGAGEMENT

FEDlogic provides personalized implementation strategies that include co-branded marketing materials, an informative audio series, and open enrollment and benefit fair support for their clients. Their newest engagement opportunity is highly popular - educational monthly live webinars. Held on the last Wednesday of each month, FEDlogic’s webinars allow employees to learn about the service and ask questions. Recorded webinars are stored in their employee resources portal and accessible for those unable to attend the live sessions.

“I can only say – “wow”! I am very impressed with the presentation you gave today. I only know the basics of Social Security retirement rules and benefit provisions and was looking forward to learning more today. You absolutely delivered exactly what I needed. You specifically answered several questions I have pondered for the last several years! I believe that this webinar series is the best way to get FEDlogic in front of our population and thank you again for providing this service.”

Linda Long, SHRM-CP, PHR, Benefits Manager, CNHI, LLC

GROWTH & FUTURE

As of 2022, average savings with FEDlogic was a five to one return on investment and a 98.4% service renewal rate. FEDlogic proudly serves more than 300 employers and 550,000 families nationwide. Their service is available to companies of all sizes and industries. Their client roster is diverse and includes manufacturers, transportation companies, hospital systems, retailers, financial institutions, educational systems, municipalities, and many more. During the first quarter of 2023, FEDlogic provided 1,354 consultations resulting in 356 transitions from employer group

health plans to alternative healthcare options. That is a transition rate of 31.5% and an employer savings of $9,398,400 (almost 8 to 1 return on investment in the quarter).

FEDlogic continues to position itself as a premier benefit option for employers. They are now more agile and accessible than ever before, leading to higher engagement and an improved employee experience. They have completely updated their service support system and brought on a finessed reporting system that provides in-depth views of engagement and savings for easy tracking. FEDlogic has also expanded their operations and service team in direct support of their customized engagement approach.

Best-in-class employers use FEDlogic. They show their employees and peers they are an innovative and superior benefit provider by offering this service to their employees and their households. They save substantially on healthcare claims costs; though that end is neither FEDlogic’s goal, nor their intention. It is easy to see why FEDlogic is embraced by both Human Resources and Finance Departments alike.

To learn more about FEDlogic and how it might work for your company and within your benefit structure, visit their website; fedlogicgroup.com; email proposal@fedlogicgroup.com; or call Anita Blackmer at (615) 948-3648.

Kate Kellner Director of Client Services FEDlogic, LLC. Kate@fedlogicgroup.com

Implementing Earned Wage Access Is Easier Than You Think

BY DARLENE MIRANDA

Noother department understands the adage of ‘time is money’ better than the payroll team. Literally their entire focus revolves around time and money.

So, it makes perfect sense that the payroll team would make it a priority to avoid unnecessary time-consuming tasks. Interestingly, that approach is especially helpful when considering new technology. Take earned wage access as an example. The rapid rise in popularity of earned wage access, where employees and contractors can access their earned income before payday, has also seen a rapid rise in the number of providers, with each using different approaches to deliver the service. The wide variety of approaches makes it difficult for payroll leaders to wade through the marketing hype to really understand the impact to their time when it comes to implementing and maintaining this new technology.

By nature of their position, payroll professionals spend dedicated time defining processes that ensure people are paid the right amount on the right day. Now, we understand that change can be daunting, especially when it can seem to repudiate established norms. But, if done the right way and with a trusted provider, change can be good for everyone involved: employees, employers, and payroll professionals.

In my position in product development, it’s critical to understand the challenges payroll professionals face daily. I’ve had so many conversations with your colleagues and the questions we typically hear include:

• If I do implement EWA, will it change existing payroll processes?

• Will it increase my team’s workload?

• Will it increase calls from employees? And if they do call, will I be able to easily access the information I need to help them?

• And most importantly, do my employees really want this and will they be motivated to adopt it?

Here are four key thoughts to help address these common EWA questions.

TIME IS MONEY…MONEY IS TIME

Earned Wage Access platforms were created with the intent for the payroll professional to not even notice they were there - in a good way. Seamlessly integrating into all the major payroll systems easily and efficiently is generally how EWA solutions make that happen. This allows employers to offer EWA while still maintaining their standard payroll distribution schedule. Some EWA providers only require information needed to verify employment, verify direct deposit accounts, and verify earnings information. This data makes it easy for employees to enroll by simplifying employment verification. Once employees enroll, they are immediately presented with accurate information about their earnings with the ability to access earned wages should they need to - even throughout pay period transitions. This provides employees with the knowledge of exactly how much they have earned, empowering them to make the best financial decisions for themselves or family.

Some providers have even created features to combat the time-consuming off-cycle payment to extend EWA capabilities to increase operational efficiency. Companies spend an abundance of time and money each year making payments outside of their usual payroll schedule. This labor-intensive process often features the creation of paper checks for bonuses, termination pay or to make other necessary off-cycle payments to employees. The creation of the paper check and the costs to overnight it to the recipient can cost upwards of $50 each. DailyPay’s Cycle allows the disbursement of electronic off-cycle payroll payments, instead of waiting for a paper check to be processed, distributed, and cashed.

IS THE JUICE WORTH THE SQUEEZE?

It’s estimated that the total cost to hire a new employee can be three to four times the position’s salary. However, with earned wage access, research shows that employees stay longer on the job, thus reducing the pricey expense of constantly filling vacant positions. According to research from the Mercator Advisory Group and DailyPay, employee tenure increases by an average of 35% when employees have access to

earned wage access. And according to Harvard Business Review, employees who stay longer at a job are more productive. So, the combination of lower recruiting costs, the impact of more experienced and engaged employees, and increased operational efficiency for payroll teams can drive significant savings for a company.

WILL MY COMPANY HAVE TO FUND THE EWA PAYMENTS?

With some Earned Wage Access providers, you won’t incur any risk of there being an impact to your company’s cash flow because most solutions don’t have any pre-funding requirements for employers. It’s critical to work with a trusted partner that can scale with your organization.

WILL MY EMPLOYEES EVEN FIND EWA USEFUL?

EWA has emerged as one of the most adopted benefits, outside of health benefits. It’s become the expected way to get paid. In fact, according to a study from ADP, 75% of surveyed millennials say that the availability of earned wage access would influence their acceptance of a job offer.

The two-week pay cycle is a paradigm that has been ingrained into our work culture since World War II. But the marriage of technology and the expectations of an ‘on-demand’ world has changed the way people will be paid forever. Today’s worker understands this. And more and more, forward-thinking employers do as well. So, who’s getting the top talent in one of the tightest labor markets in recent memory… your company or your competitors offering EWA today?

Darlene Miranda, Vice President and General Manager Enterprise Product, DailyPay Darlene.miranda@dailypay.com www.dailypay.com

At HRCI, we have the honor of working with thousands of HR professionals at varying stages of their careers. Recently, three HR professionals – Amela Orlovic, Kaitlin Memmen and Alexandra Miller – who are working on their master’s degrees at Georgetown University gave HRCI a front-row seat to an important capstone project titled Establishing and Maintaining Trust. Not only are their findings compelling, their chosen topic was a great reminder about something we assume but don’t necessarily articulate: The Importance of Trust.

According to PwC’s 2022 report on trust, 51 percent of business leaders and 41 percent of employees strongly agree that trust is a leading priority at their organization. However, operational and behavioral elements of trust are not typically defined. HR can rectify these challenges.

It’s no wonder that trust has been eradicated in business, as well as society at large. Egregious events such as the fall of Enron, fraudulent Wells Fargo accounts, the tragedy of the Boeing 737 MAX and the demise of Silicon Valley Bank topped the headlines in recent years. Economic anxieties, mass shootings, COVID-19 and the #MeToo movement have illuminated significant cracks in society. According to the 2023 Edelman Trust Barometer, business is considered more competent and ethical than media and government. The same report goes on to highlight that in our polarized society, among those feeling the divide, the employer is the only trusted institution.

Taking steps to address trust requires a foundational understanding of what trust is to employees. The research conducted by Orlovic, Memmen and Miller shows that trust is personal. It is based on a positive expectation that an individual will not act opportunistically at another’s expense, i.e., they will be ethical, honest and professional. Trust in capability and consistency – for example, that a manager can and will do something they’ve committed to – is known as Cognitive Trust. The other side of trust is Affective Trust – characterized by feelings of security and perceived strength of the relationship. Both cognitive and affective trust are integral parts of psychological safety.

As teams work together, trust builds through interactions that demonstrate that managers and other team members can be trusted, both cognitively and effectively. By making sure everyone knows what’s expected, giving employees a safe space in which to admit mistakes, and being willing to give and accept feedback reinforces the building blocks of trust in the workplace.

Trust and employee engagement go hand-in-hand. The research from Orlovic, Memmen and Miller revealed that employees who trust their employers experience 74 percent less stress and 40 percent less burnout. One-third of employees indicated they would stay longer with an employer if its leaders kept their promises, and 28 percent said they would extend their tenure if transparency was practiced at all levels. Research shows that highly trusted workplaces enjoy 50

The Importance of

Trust

By AMY SCHABACKER DUFRANE

percent higher employee productivity and 13 percent fewer sick days. Companies with high trust levels outperform companies with low trust levels by 186 percent.

What can HR do to advance trust within the organization? First, be part of defining a definition of trust. Whether expressed as archetypes, keywords, or common themes, determining a north star for what trust looks like for your culture helps guide the journey. Once trust has been defined, determine how to garner buy-in from employees, managers, and leaders. This aspect of trust-building is complex, especially in situations where the workforce is hybrid or remote. Having a means by which trust is measured and managed using digital tools with robust reporting gives HR the meaningful insights that inform trustbuilding initiatives.

According to 2022 Deloitte research, “55 percent of organizations have no current way to measure trust, but nearly half of them plan to start measuring trust in the next 12 months.” Like you, I can attest to what a dizzying ride 2023 has been so far. Knowing no one organization is perfect, it will be interesting to learn what trust measurements have been put in place this year to elevate trust.

The research by Orlovic, Memmen, and Miller reinforced that HR already has an effective method of measuring trust: employee surveys. Providing valuable insights into employee perceptions of the company, the culture and leadership, surveys can be annual (for example, degree of employee engagement), 360-degree feedback (identifying areas for improvement) and pulse (to ensure quick response time to ethics or similar concerns.)

Published in 1894, Rudyard Kipling’s “The Jungle Book” was the inspiration for the popular Disney film of the same title. Almost all of us can recall the lyrics of the snake’s song “Trust in me.” It’s never as simple as telling the workforce to trust you and, in fact, by saying so, you will repel more than engage. Building trust takes hard work and it needs to happen consistently, every day. Listen more than you speak, build a diverse and inclusive culture, solicit and act on feedback. Most of all, empower your employees by trusting them first.

Amy Schabacker Dufrane, Ed.D., SPHR, CAE, is CEO of HRCI® — HR Certification Institute, and is the founder and CEO of HRSI — HR Standards Institute, where she is responsible for driving and disrupting the conversations about building high-performing, strategic HR teams. An engaging thought leader at the intersection of talent strategy and continuous learning, Dr. Dufrane is an award-winning leader and celebrated keynote speaker on the human side of successful business strategy in the 21st century.

CERTIFICATE IN DIVERSITY AND INCLUSION IN HR MANAGEMENT

The three courses comprising our certificate were developed in accordance with the International Organization for Standardization’s guidance on diversity and inclusion for organizations (ISO 30415:2021).

• Fostering an Inclusive Culture

• Assessing Diversity and Inclusion

•

and Retaining

including

The Actuarial Impacts of Long COVID: An Emerging Challenge for Insurance Providers

By R. EDWARD JOHNSON

Long COVID, also known as post-acute sequelae of SARS-CoV-2 infection (PASC), has become a significant concern as the COVID-19 pandemic persists. While much attention has been focused on the health implications of the virus, the actuarial impacts of long COVID are starting to emerge as a substantial challenge for insurance providers.

Long COVID is broadly defined as signs, symptoms, and conditions that persist or develop following the acute phase of a COVID-19 infection. These symptoms can include fatigue, shortness of breath, brain fog, joint pain, and other debilitating conditions that can significantly impact an individual's quality of life.*

While the prevalence and long-term effects of long COVID are still being studied, it is increasingly clear that it can have a profound impact on health and well-being. Below we will explore the related potential ramifications of long COVID on the insurance industry and how it may affect actuarial calculations.

Healthcare Costs

We see the actuarial implications of long COVID primarily in healthcare costs. Insurance providers must assess the financial implications of covering the medical expenses associated with long COVID, which may include specialist consultations, diagnostic tests, therapies, and medications. Given the potential long-lasting nature of the condition, insurers may face increased expenditures for an extended period.

Mortality and Morbidity Rates

Long COVID has also raised concerns regarding mortality and morbidity rates, which are crucial factors for actuaries in assessing risk and setting premiums. While COVID-19-related mortality rates have been extensively studied, the long-term effects of long COVID on mortality are still uncertain. Actuaries must closely monitor evolving data and research to understand the impact of long COVID on mortality and morbidity rates, since these factors directly affect insurance calculations.

Disability and Income Protection Insurance

Long COVID has significant implications for disability and income protection insurance providers. Individuals suffering from long COVID may experience a prolonged inability to work or reduced work capacity due to ongoing symptoms. Actuaries must evaluate the potential increase in disability claims and adjust policy premiums accordingly, considering the impact of long COVID on long-term disability risks.

Data Collection and Analysis

Accurate data collection and analysis are critical in assessing the actuarial impacts of long COVID. Insurance companies must collaborate with healthcare providers, researchers, and public health authorities to gather reliable data on the prevalence, severity, and duration of long COVID. Actuaries can use this data to estimate the potential increase in claims and adjust their calculations to ensure the financial sustainability of insurance products.

Risk Mitigation

Insurance providers can take several measures to mitigate the actuarial impacts of long COVID. This may include offering specialized coverage for long COVID-related conditions, promoting preventive measures to reduce the risk of infection, and collaborating with healthcare professionals to develop effective treatment strategies. Such proactive measures can help insurance companies manage risks associated with long COVID and maintain the viability of their insurance products.

As long COVID continues to affect individuals worldwide, insurance providers face new actuarial challenges. The implications of long COVID on healthcare costs, mortality rates, disability claims, and income protection policies require careful analysis and adaptation from actuaries.

Collaboration between insurers, healthcare providers, and researchers is essential in gathering reliable data to inform actuarial calculations and develop strategies to mitigate risks associated with long COVID. By staying proactive and responsive to this emerging challenge, insurance providers can continue to help support individuals suffering from long COVID while maintaining the financial sustainability of their offerings.

*https://www.cdc.gov/coronavirus/2019-ncov/hcp/clinical-care/post-covid-conditions.html

R. Edward Johnson, ASA, MAAA, FCA Senior Vice President / Practice Leader Actuarial & Underwriting McGriff johnsonre@mcgriff.com McGriff.com

Embracing the Power of AI in Human Resources: Unlocking Efficiency and Innovation

The rapidly evolving technological landscape has presented organizations with unprecedented opportunities to enhance their operational efficiency and strategic decision-making. One such advancement is the integration of Artificial Intelligence (AI) into various business functions, including Human Resources (HR). By leveraging AI-powered tools and systems, HR departments can streamline processes, drive innovation, and make data-driven decisions. In this article, we will explore the potential of AI in HR, highlighting its key benefits, challenges, and best practices for successful implementation.

Enhanced Recruitment and Talent Acquisition

Recruiting and talent acquisition are critical HR functions that can greatly benefit from AI-powered solutions. AI algorithms can effectively screen and analyze vast amounts of applicant data, significantly reducing the time and effort involved in shortlisting candidates. By automating the initial screening process, AI eliminates biases, ensuring a fair and objective evaluation of candidates' qualifications and skills. Furthermore, AI can identify patterns and trends within resumes and applications, aiding HR professionals in identifying the most promising candidates.

AI-driven Chatbots and Virtual Assistants

One of the key areas where AI has made significant strides in HR is through the deployment of chatbots and virtual assistants. These intelligent systems can handle a wide range of employee queries, offering prompt and accurate responses, thereby reducing the burden on HR personnel. Chatbots can assist in areas such as employee onboarding, benefits enrollment, leave management, and policy clarification, enabling HR professionals to focus on more strategic initiatives. Additionally, AI-powered chatbots can learn from interactions, continuously improving their responses over time, and providing personalized assistance to employees.

Predictive Analytics for Performance Management

AI's predictive analytics capabilities can greatly enhance performance management processes. By analyzing vast amounts of data related to employee performance, AI algorithms can identify patterns, trends, and

correlations that may not be immediately apparent to HR professionals. This can help identify high-potential employees, detect early warning signs of performance issues, and make informed decisions about training and development initiatives. Leveraging AI-driven insights, HR departments can proactively address performance-related challenges and foster a more engaged and productive workforce.

Improved Employee Experience and Engagement

Creating a positive employee experience is crucial for organizations seeking to attract and retain top talent. AI can play a pivotal role in enhancing employee engagement by offering personalized experiences and tailored learning opportunities. AI-powered systems can assess an employee's learning preferences, performance history, and career aspirations to recommend relevant training programs and developmental opportunities. Additionally, AI can provide personalized feedback and recognition to employees, promoting a culture of continuous improvement and motivating employees to perform at their best.

Data-Driven Decision Making

AI enables HR departments to leverage vast amounts of data to make informed and data-driven decisions. By integrating AI with HR information systems, organizations can gain valuable insights into workforce demographics, performance metrics, turnover rates, and employee satisfaction levels. These insights enable HR professionals to identify trends, patterns, and correlations, facilitating strategic workforce planning, talent management, and succession planning. AI-powered analytics can also help HR departments measure the impact of HR initiatives, identify areas for improvement, and optimize resource allocation.

Challenges and Considerations

While the potential benefits of AI in HR are significant, it is essential to be aware of the associated challenges. Data privacy and security concerns must be addressed to ensure that employee information is adequately protected. HR professionals must also be cautious about potential biases in AI algorithms, ensuring that decisions made by AI systems are fair and objective.

Additionally, organizations should invest in robust training and change management initiatives to help employees adapt to AI-powered tools and systems seamlessly.

Best Practices for Successful Implementation

To harness the full potential of AI in HR, organizations should consider the following best practices:

1. Clearly define objectives: Align AI initiatives with HR goals and clearly define the intended outcomes.

2. Collaborate with IT: Engage IT professionals to ensure seamless integration and effective implementation of AI systems.

3. Maintain transparency: Communicate openly with employees about the introduction and purpose of AI systems, addressing any concerns they may have.

4. Regularly evaluate and update algorithms: Continuously monitor AI algorithms to identify and address biases and ensure accuracy and fairness.

5. Prioritize data privacy: Establish robust data protection measures to safeguard employee information and comply with applicable data privacy regulations.

6. Provide training and support: Offer training programs and resources to help employees understand and effectively utilize AI-powered tools.

Conclusion

AI has the potential to revolutionize the HR function, empowering organizations to drive efficiency, make data-driven decisions, and enhance employee experiences. By embracing AI in HR, organizations can streamline recruitment processes, improve talent management, enhance performance management practices, and create a more engaging work environment. However, successful implementation of AI requires careful consideration of ethical and privacy concerns, along with comprehensive change management strategies. When deployed thoughtfully, AI in HR can unlock significant value and empower organizations to thrive in the digital age.

Data Facts | www.datafacts.com

THE STRENGTH OF EXPERIENCE

As the issues facing employers and HR professionals become more frequent, challenging, and complex each year, you need a law firm that provides advice for your specific organization.

For over 45 years, Rainey Kizer Reviere & Bell has advised businesses, non-profit organizations, and governmental agencies in all aspects of employment law.

To learn how we can assist your organization, please contact us.

The Supreme Court recently ruled that the burden an employer must meet in denying a requested religious accommodation is “substantial” and not merely “de minimis.” Employers will now have a harder time denying religious accommodations.

How much greater will the burden on employers be? That is yet to be seen, as the Supreme Court sent the case back down to the lower court for further proceedings consistent with its opinion. Also, we expect new guidance from the Equal Employment Opportunity Commission in light of the Court’s ruling.

On June 29, the U.S. Supreme Court issued its ruling in Groff v. DeJoy, Postmaster General, unanimously clarifying Title VII’s religious accommodation requirements. The Court ruled that an employer that denies a religious accommodation must show that the burden of granting the accommodation requested would result in substantially increased costs in relation to the conduct of its particular business. This “substantial burden” showing contrasts with the long-established “de minimis” cost, a test used by courts since 1977. In doing so, the Court heightened the bar for the employers to show that proposed religious accommodations are unduly burdensome and bolstered an employee’s ability to obtain such accommodations at work for their religious practices.

The Background

Title VII of the Civil Rights Act of 1964 requires employers to accommodate the religious practice of their employees unless doing so would impose an “undue hardship on the conduct of the employer’s business.” 42 U.S.C. §2000e(j). In 1977, in Trans World Airlines v. Hardison, 432 U.S. 63, the Supreme Court determined that the “undue hardship” defense to granting an employee’s religious accommodation request required employers to show anything imposing more than a “de minimis” cost to the business.

Hardison concerned a dispute between Trans World Airlines (TWA) and its former employee, Hardison, who underwent a religious conversion and began to observe the Sabbath by leaving work from

Supreme Court Increases Employer’s Obligation in Religious Accommodation Requests

By TIM K. GARRETT and MAJA HARTZELL

sunset on Friday to sunset on Saturday, an absence that conflicted with his work schedule. Although Hardison was initially granted the accommodation of being transferred to a night shift, the issue resurfaced when he obtained a transfer back to the day shift (in a different building) so that he could spend evenings with his wife. In the new building, Hardison did not have enough seniority to avoid working during his observed Sabbath. Ultimately, Hardison was terminated for insubordination.

Hardison sued TWA for failure to reasonably accommodate his religious beliefs. After the case made its way to the Supreme Court, the Court held that Title VII did not require the employer to deprive its senior employees of their seniority rights to accommodate a junior employee’s religious practices. Because the Court could identify no other way for TWA to accommodate Hardison’s request for an exemption from work on his Sabbath without violating the seniority rights of other employees, it held for TWA. The opinion itself devoted little attention to the question of determining when increased costs amount to an “undue hardship” under the statute; however, the opinion included the following one sentence that became the prevailing test for lower courts to apply in denial of religious accommodation cases for the next half-decade:

“To require TWA to bear more than a de minimis cost in order to give Hardison Saturdays off is an undue hardship.” (432 U.S. at 84.)

The Groff Case

Fast-forward 46 years, and the Supreme Court was provided the opportunity to clarify what Justice Alito called the “erroneous de minimis interpretation of Hardison” in its opinion in Groff v. DeJoy.

Gerald Groff – an Evangelical Christian who believes that Sundays should be devoted to worship and rest – was a Rural Carrier Associate at the U.S. Postal Service (USPS), a job that required him to assist full-time carrier employees in the delivery of mail. When Groff initially started with USPS, his position did not involve Sunday work.

However, starting in 2013, USPS contracted with another mail carrier to help with Sunday deliveries, which led to a requirement that Groff must work on Sundays. Groff initially transferred out of his station to a smaller rural station that, at the time of the transfer, did not make Sunday deliveries. Sunday deliveries eventually began out of that office, too. Groff refused to work on Sundays, and for a long time, USPS made other arrangements to cover for his absence on Sundays. Throughout that time, however, Groff continued to receive progressive discipline for failing to work on Sundays, which eventually led to his resignation.

Groff sued, claiming that USPS violated Title VII because it could have accommodated his Sunday Sabbath practice “without undue hardship on the conduct of [USPS’s] business.” Applying the low bar “de minimis” standard from the extensive case law since Hardison, the District Court granted summary judgment to USPS, and the Third Circuit affirmed. The Third Circuit panel held that exempting Groff from Sunday work had disrupted the workplace and imposed greater work on other employees, and diminished employee morale.

The New “Clarified” Standard

The Supreme Court reversed, holding that “showing ‘more than a de minimis cost,’ as that phrase is used in common parlance, does not suffice to establish ‘undue hardship’ under Title VII.” Rather, the Court clarified that the Hardison ruling, properly read, meant that “undue hardship” was shown if “a burden is substantial in the overall context of an employer’s business” – an inquiry that is fact-specific. As Justice

Alito further explains, an employer can no longer escape liability under Title VII by showing that an accommodation would impose some sort of additional costs.

Now, the Court made it clear that those costs must rise to the “excessive” or “unjustifiable” level of hardship, typically in the form of “substantial increased costs in relation to the conduct of its particular business.” The Court made a point of noting that an accommodation’s effect on co-workers may have ramifications for the conduct of the employer’s business, but a court cannot stop its analysis there.

The Supreme Court remanded the case for further proceedings consistent with its opinion back to the lower court.

Please contact the authors if you have any questions about how this recent Supreme Court ruling might impact your business.

Reprinted from Bass, Berry & Sims HR Law Talk Blog

Maja Hartzell, Associate Bass, Berry & Sims maja.hartzell@bassberry.com

Tim Garrett, Member Bass, Berry & Sims tgarrett@bassberry.com

The July 2023 Luncheon Meeting of the Greater Memphis Employee Benefits Council was held at the Chickasaw Country Club in Memphis July 13. Cristie Travis, Co-CEO of HealthCareTN was the guest speaker. Her Topic was “Tackling Tennesee’s Workforce Health Challenges – Addressing Underlying Drivers of Chronic Conditions.”

(L-R) Jonathan Frisch with McGriff, Cristie Travis with HealthCareTN, Ted Archdeacon with the City of Bartlett, Linda Yoakum, Maranda Bunker with Stephens Insurance , and Preston Cox with Unum.

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Senate Advances Three New Workplace Bills

A U.S. Senate committee recently pushed ahead three bills that could impact union activity, paid sick leave and pay equity requirements for employers.

The PRO Act

The PRO Act would:

• Replace secret-ballot union elections with card-check elections.

• Prohibit employers’ captive-audience meetings to discuss union activity.

• Overturn state-level right-to-work laws that say workers can’t be required to join a union or pay union dues as a condition of the job.

• Require employers to give employees’ personal contact information to union organizers.

• Stipulate that a worker is an independent contractor only if they are free from the employer’s control and direction in how the work is performed, customarily engaged in an independently established occupation, and performing work outside the employer’s usual course of business.

• Change the federal joint-employer standard to make franchisors liable for actions by their franchisees.

• Permit secondary boycotts, meaning a union boycotting an employer’s customer or supplier.

The Paycheck Fairness Act

The Paycheck Fairness Act would stop employers from using salary history in hiring decisions, require employers to show a legitimate reason for gender pay disparities, make it easier for workers to join class-action lawsuits against companies for systemic wage discrimination, and protect workers against retaliation for discussing their salary with co-workers. This bill aims to close the gender pay gap, which currently refers to how  U.S. women earn 77 cents for every dollar U.S. men earn.

“Women across the country have been shortchanged for far too much for far too long,” said Sen. Patty Murray, D-Wash. “Women are still being paid less than men, and employers are still able to brush off reports of discrimination with flimsy excuses like ‘he’s a better negotiator’ or ‘he was paid better in his last job.’ “

The pay disparity compounds over the course of a career. “When women are paid less hour after hour, year after year, a lifetime spent working under the wage gap cheats women out of a lifechanging amount of money,” Murray said. “We have to limit the use of previous wage history in the hiring process because otherwise we are just letting employers lock in pay discrimination, and we’re just letting the pay gap follow workers from job to job.”

However, Cassidy said, “The Paycheck Fairness Act has the potential to benefit trial attorneys more than working women. It is already illegal to discriminate on the basis of gender, so the law that we’re considering is redundant.”

Healthy Families Act

The Healthy Families Act would guarantee workers seven paid sick days, or 56 hours of paid sick time, per year. Small employers with fewer than 15 employees can provide unpaid sick days, instead of paid sick days. Employers can choose to provide more than the required amount.

“In my view every employee in America deserves paid sick days, regardless of where they work,” Sanders said.

Many private businesses voluntarily give paid sick days to their workers, Cassidy noted. “The market is clearly responding, so let’s let the market work,” he said. “It’s important to the employer that they not be hampered with additional costs and headaches associated with compliance with government mandates.”

Ninety-five percent of employers offered sick leave this year, compared with 96 percent in 2022, according to SHRM Research You can read this entire article by Leah Shepherd on SHRM.org.

Age is but a number — except when it comes to employee severance agreements. Written agreements can protect employers from future claims, including those related to age discrimination. If you’re parting with employees 40 years and older, it’s important to understand the provisions required by the Older Workers Benefit Protection Act (OWBPA), a part of the Age Discrimination in Employment Act (ADEA).

The ADEA protects workers at least 40 years old by eliminating age discrimination and providing equal employment opportunities. In particular, the present-day ADEA prohibits discrimination in hiring, promotions, layoffs, terminations, wages, compensation, and benefits. The ADEA was signed into law in 1967.

In 1990, Congress amended the ADEA by adding the OWBPA, which serves as an extra layer of protection for workers 40 and older. The OWBPA safeguards older workers in many ways, including mandatory requirements when asking parting employees to “knowingly and voluntarily” waive their rights under the ADEA. The Equal Employment Opportunity Commission (EEOC) pinpointed seven criteria that must be met to ensure a waiver of rights is known and voluntary under the OWBPA. The waiver of rights is most often included in the employee’s severance agreement.

OWBPA Requirements for Individual Separations

OWBPA applies to employers with 20 or more employees and requires that any waiver of ADEA rights meet the following seven requirements:

1. Voluntariness: The waiver must be made voluntarily, without coercion or undue influence.

2. Knowingness: The employee must have a full and complete understanding of the rights being waived.

3. Written Form: The waiver must be in writing and in plain language that the employee can understand.

4. Adequate Consideration: The employee must receive something of value in exchange for waiving their rights, such as severance pay or other benefits.

5. Waiver-Specific Information: The waiver must include specific information about the ADEA, including the employee’s right to file an age discrimination claim with the Equal Employment Opportunity Commission (EEOC).

OWBPA: Severance Agreements for Older Workers

By SARAH RODEHORST

6. Waiver Period: The employee must be given at least 21 days to consider the waiver agreement. In the case of a group layoff, the employee must be given at least 45 days to consider the agreement.

7. Right to Counsel: The employee must be advised in writing of their right to consult with an attorney before signing the waiver agreement.

In addition to the seven general OWBPA requirements, there are a few additional requirements that apply specifically to severance agreements. These include:

• The waiver must be specific to the ADEA. This means that the employee cannot be asked to waive their rights under other laws, such as Title VII of the Civil Rights Act of 1964.

• The waiver must not waive future rights. This means that the employee cannot be asked to waive their right to file an age discrimination claim in the future, even if they are not aware of any specific instances of discrimination at the time they sign the waiver.

• The waiver must be accompanied by a written explanation of the ADEA’s anti-waiver provisions. This explanation must be written in plain language that the employee can understand.

OWBPA Requirements during a Layoff

The Older Workers Benefit Protection Act (OWBPA) has additional requirements for severance agreements in the case of a layoff that affects two or more employees who are 40 years of age or older. Most employers provide this additional information in an OWBPA Disclosure, often Exhibit A of the severance agreement. Employers must provide, in writing:

• The decisional unit, which is the group of employees who were considered for selection during a layoff.

0 For example, if an employer needs to reduce the overall headcount by ten employees, the decisional unit is likely “all employees.” If, on the other hand, the employer needs to eliminate five accountants, the decisional unit might be the “accounting team.”

• The eligibility factors for layoffs, which are the selection criteria that the employer used to identify the impacted employees from those considered.

Eligibility factors often correlate with the decisional unit; for example “All employees on the accounting team.” However, there has been some controversy about this.

• The time limit, which should be 45 days in the case of group layoffs. In addition to the 45-day period to consider and accept the terms of the agreement, employees must be given 7 days to revoke the agreement.

• The job titles and ages of all individuals in the decisional unit, including those whose positions are eliminated and those who are being kept on board.

In Summary

If an employer fails to meet any of the OWBPA requirements or provide the required disclosure, the waiver of ADEA rights may be void. This means that the employee may still be able to file an age discrimination claim with the EEOC, even if they have signed a waiver agreement. Here are some tips for employers who are drafting a severance agreement for older workers:

• Make sure your severance agreement includes a waiver and disclosure and includes all of the required information.

• Use clear and concise language.

• Make sure that the waiver is specific to the ADEA and does not waive future rights.

• Provide the employee with a copy of the severance agreement to review before they sign it.

• Give the employee enough time to consider the agreement before signing it.

• Explore workforce compliance solutions that automate the severance process to save time, reduce admin costs, and ensure you consistently apply OWBPA requirements each time.

Following these tips can help organizations ensure that severance agreements are compliant with the law, protecting the employer as well as the employee. But staying abreast of regulatory changes - especially on the state level - can be very challenging. Onwards HR helps employers ensure compliant employee separations, including mitigating the risk of age discrimination actions.

Sarah Rodehorst, CEO and Co-Founder Onwards HR

Sarah Rodehorst is an influencer, thought leader, visionary, and business leader. She has held leadership positions at startup and Fortune 500 companies and now leads Onwards HR as CEO and co-founder. As a women-in-tech evangelist and diversity, equity, and inclusion champion, Sarah’s thoughts on layoffs, women in technology, and DEI in the workplace have appeared in publications including Wall Street Journal, CNN Business, NPR, SHRM, HR Professionals, HR Executive, HR Brew, and Vibe. In 2021, she was a Women in Technology Woman of the Year Finalist in Engineering. You can reach Sarah via email at sarah@onwardshr.com

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Progress toward true equity in the workplace has been slow.

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What Better Employee Holiday Gift than a Delicious Feast?

This year deliver a gift that will bring joy. Thanksgiving Turkeys and holiday hams have long been the cherished centerpiece of the holidays. This season, give the gift of culinary delight with Holiday Gift Checks. An ideal gift for all employees, and clients alike. A perfect holiday gift for so many reasons!

1. Convenient and Flexible

Holiday Gift Checks offer unparalleled convenience and versatility. Recipients enjoy redeeming for any preferred brand of turkey, ham, and festive groceries at a variety of local and national grocery stores. They offer the flexibility to deliver a customized favorite holiday feast.

2. Thoughtful and Personalized

Holiday gifts show the company values hard work and loyalty. Holiday Gift Checks have a special holiday message and can be personalized by adding your company name. Seasonal gifts are a thoughtful gesture for employees, expressing gratitude and fostering a sense of camaraderie.

3. Ideal for Various Recipients

Finding a perfect gift to satisfy all employees can be difficult. Holiday Gift Checks are flexible, satisfying the needs of a wide range of recipients, even those with special dietary needs or restrictions. They can choose a roasted turkey, smoked ham, holiday desserts or festive platters.

4. Budget-Friendly and Timesaving

Holiday Gift Checks will fit any holiday budget. Choose the gift amount from $5.00-$50.00. The entire amount will be enjoyed for a delicious holiday meal. They are easy to distribute to in-house and remote employees. Send ‘leftover’ gift checks back for a full-face value refund.

Should Employers Be

Concerned about SCOTUS’s Affirmative Action Decision?

By JILL EVERT

Civil Rights Act of 1964, which does not apply in college admissions, protects all employees and job applicants from discrimination based on race, color, religion, sex and national origin, without regard to minority and majority groups. Similarly, Executive Order 11246, which applies to federal contractors and can require affirmative action plans to increase diversity based on industry, prohibits discrimination based on race. This has long meant that employers cannot select any applicant based on race, and cannot consider race as a factor in employment decisions. For example, if two applicants have similar qualifications, an employer cannot place a finger on the scale of either candidate because of their race, ethnic background, or gender group; not even in part, and not even if that group is underrepresented in the workspace.

In recent years, however, IE&D programs have become staple corporate initiatives, as companies have found that their employees thrive in racially and culturally diverse work environments. Many companies rightfully tout statistics showing increased minority and female representation among their ranks. Indeed, many applicants expect prospective employers to have developed IE&D programs and many candidates factor diversity into their own decisions about which companies they choose to seek and accept employment with.

In June, the Supreme Court struck down college and university practices considering race in student admissions. The ruling, which will undoubtedly mark a sea change in education policies in the United States, has many employers wondering: what’s next for their Inclusion, Equity, and Diversity programs?

The History of Race-Conscious College Admissions

SCOTUS first addressed race in college admissions in its 1978 decision, Regents of the University of California v. Bakke. There, the Court held that, while race quotas were unconstitutional, colleges could consider the race or ethnic background of applicants as a “plus” factor in whether a student should be admitted. The Bakke decision was intended to combat decades of race disparity in higher learning and ushered in an era of race-conscious admissions. But it was not without challengers. The Court reaffirmed its precedent in 2003, again finding that affirmative action in admissions practices was permissible, although Justice Sandra Day O’Connor suggested that the practices would not be necessary “25 years from now.” Affirmative action in admissions was challenged again, and upheld again, in 2016.

O’Connor’s foretold expiration date came this year, when the Court decided a pair of cases, Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina. In the UNC and Harvard cases, a six-justice majority overturned the Court’s prior rulings to find that race-conscious admissions practices that provide a “plus” to minority applicants violate the Equal Protection Clause of the Constitution’s Fourteenth Amendment. Universities may still consider “an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise” in entrance essays.

The Impact of the UNC and Harvard Decisions on Employers

Unlike universities, private employers have not historically been permitted to actively consider race in hiring decisions. The Fourteenth Amendment does not apply to private companies and Title VII of the

Given that Title VII prohibits active consideration of race in hiring decisions, HR and hiring managers sometimes walk a fine line between championing diversity in the workplace and making fair and lawful decisions when it comes to extending offers. The UNC and Harvard decisions will not change that line. However, the increased attention on race and entry decisions may see IE&D programs (and affirmative action plans for contractors) challenged on parallel grounds, with opponents arguing that they favor or provide more opportunities to certain groups. Companies may also see a rise in “reverse discrimination” claims – allegations brought by white (or male) employees and applicants claiming that they lost job opportunities or promotions to members of minority groups.

What Employers Can Do to Maintain Their IE&D Programs in an Era of Scrutiny

Employers need not, and should not, scrap their IE&D initiatives. Indeed, the EEOC recently made the following statement:

“Diversity helps companies attract top talent, sparks innovation, improves employee satisfaction, and enables companies to better serve their customers. However, the decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina does not address employer efforts to foster diverse and inclusive workforces or to engage the talents of all qualified workers, regardless of their background. It remains lawful for employers to implement diversity, equity, inclusion, and accessibility programs that seek to ensure workers of all backgrounds are afforded equal opportunity in the workplace.”

The EEOC’s stance makes clear that employers can work to expand IE&D programs, but the fact remains that they must be careful not to cross over into hiring practices that run afoul of Title VII. So, what can employers do?

• A chief measure that employers can take is to foster diversity in applicant pools. In recruiting, for example, companies can target outreach to diverse communities – think inviting applicants from

Historically Black Colleges and Universities (HBCUs) and high schools with high minority populations. They can implement “colorblind” screening procedures, such as providing neutral, uniform questions on applications and in interviews. On the other hand, leaders should avoid making statements that imply a racial or gender quota will be met.

• In hiring, employers can ensure that managers are trained to make fair, unbiased decisions. All decisionmakers should be versed on the anti-discrimination laws and understand that discussions about race, gender, and ethnic background in hiring must be avoided –including if race is viewed as a positive factor for a candidate. In all hiring and promotions, employers should train decisionmakers to support decisions with neutral reasons based on business-related criteria. Of course, the same standards apply to all decisions affecting the terms of employment, including demotions, disciplinary actions, and terminations.

• In promotions, companies can expand efforts to notify employees of opportunities for advancement and encourage broad applications for open positions, training programs, and other initiatives. They can implement systems to ensure promotions are awarded based on past performance. If possible, HR can review hiring and promotions decisions to ensure that fair practices were applied.

• With existing workforces, companies can work to create inclusive workspaces and celebrate employees from all backgrounds. They can provide training and discussion to foster diversity, including discussion on inherent bias and minority leadership. Employers can also continue to support affinity groups that focus on development for members.

• Employers can continue to implement and enforce robust EEO and anti-discrimination policies ensuring fair opportunities for all. Policies should include mechanisms for employees to report discrimination and harassment, and leaders and HR should be trained on how to appropriately handle complaints.

• HR must keep an eye on local developments, as some states –notably Texas and Florida - are increasing efforts to pass legislation that could limit IE&D programs.

• HR and leaders must take complaints of reverse discrimination seriously and investigate them the same as complaints made by members of underrepresented groups. If a company finds itself a party to a formal Charge of Discrimination or lawsuit based on reverse discrimination, it should seek legal advice.

In summary, while the decision will alter the landscape of college admissions, its impact on private employers is indirect. However, it could cause a ripple effect of increased challenges to IE&D programs and hiring or promotion decisions. Companies should treat this as an opportunity to examine their initiatives and programs to ensure that diversity efforts continue within the bounds of the law.

Jill Evert is an employment attorney with Littler. If you have any questions about this subject or other employment matters, contact her at jevert@littler.com. This article is for informational purposes only and not intended to substitute for legal advice.

How to create a successful Mentorship Program

By HARVEY DEUTSCHENDORF

There is a lot of evidence that points to the benefits of mentoring. It was found that 91 percent of workers that had mentors were happy at work, compared to 40 percent who didn’t. The retention rates of mentored employees were 50 percent higher than non-mentored ones, showing that job satisfaction was substantially higher for those who received mentoring. Mentors have also been shown to be more successful in their careers. Another benefit is that mentoring programs have had a positive effect on diversity. A Study from Cornell University’s School of Industrial and Labor Relations found that mentoring boosted management minority representation by 9 to 24 percent. This compares to the impact of -2 to 18 percent rate for other diversity programs. The higher level the organization is, the greater the likelihood of having mentoring programs. Of the Fortune 500 Companies, 84 percent have a program. Surveys conducted on mentors and mentees have shown an overwhelming positive impact in feelings of empowerment, greater confidence and creating meaningful connections.

Here are some areas that determine how successful a mentorship program would look like.

Before beginning a mentorship program, it is crucial to have a clear understanding of the desired outcomes. Organizations need to start with the end in mind. They must clearly define and set out what they are intending to achieve. The organization needs to look at ways of encouraging staff to get involved in the program by showing that it can lead to positive outcomes for them, such as promotions, recognition, or increased responsibilities. As well as laying out the ways that it will benefit both the organization and them, they should also stress how it will benefit them personally. Good mentoring can also increase self-awareness, self-esteem, active listening and empathy, all skills that will have benefits in all areas of life, not only the workplace.

“Mentoring can change organizational culture.” says Boysen Hodgson of the ManKind Project USA, “Relational skills learned in mentoring create teams with greater belonging – with more collaboration, openness to feedback, and emotional safety.”

“My lived 30 years of experience, mentoring and coaching corporate executives has proven this point repeatedly. Mentoring experience improves emotional intelligence skills by increasing our deep listening, empathy, and compassion for others. It also improves our wellbeing while we care for and help others navigate often complex global corporate terrain. Research shows that while helping others, we also help ourselves build skill and deepen our relationships. There is large payoff for the mentor as well as the mentee.” Says Kelly A. Mannel, CEO of eiGlobal, Inc. www.eiglobal.net

In my book, The Other Kind of Smart, www.theotherkindofsmart.com, I share stories of people who credit their success to having great mentors. Seek out mentors who not only have the necessary skills and knowledge but are genuinely interested in helping others succeed. These are the same people who make excellent leaders, low on ego and high on serving others. Ensure that they are fully supported if they agree to become mentors and their own work and careers will not suffer if they agree. It is crucial that mentors are never forced or feel that they are being pressured to agree to being a mentor and there will be no negative effects of them turning down the offer.

Making the right pairings of mentor to mentee is crucial. Consider experiences, skills, communication styles, cultural backgrounds and personality traits in pairing mentors and mentees. Spend time talking to both to find out what they are looking for and if possible, let them decide on who they would like to work with. Mutual respect and trust are important ingredients to start any mentoring relationship.

Create guidelines, a framework and clearly define the responsibilities of both mentor and mentee. Have regular timelines for evaluations and open and transparent feedback. Offer support and training. Courses in areas such as communications, conflict resolution, emotional intelligence, empathy, and active listening will be helpful to both mentor and mentee. Support the program not only with training but allow work time dedicated to the program. Look for ways to take some work off the plate of both participants so that their own areas of responsibility don’t suffer because of them participating in the program. Also consider staff that are not being mentored may feel resentful at having to take time away from their own busy schedule to help those in the mentoring program. Don’t forget to acknowledge their contribution.

Continuously adjust, adapt, and look for ways to improve. One of the dangers of any program is that it can get stale and unable to adapt to changing conditions, mindsets, and circumstances. Evaluate the program at regular set out intervals. Are you getting the results you wanted when the program was set up? It always helps to have a fresh set of eyes to look at what you are doing. This is a good time to bring in some fresh perspective and have knowledgeable people look at it who haven’t been involved all along.

Harvey Deutschendorf is an emotional intelligence expert, internationally published author and speaker. To take the EI Quiz go to theotherkindofsmart.com. His book THE OTHER KIND OF SMART, Simple Ways to Boost Your Emotional Intelligence for Greater Personal Effectiveness and Success has been published in 4 languages. Harvey writes for FAST COMPANY and has a monthly column with HRPROFESSIONALS MAGAZINE. You can follow him on Twitter @theeiguy.

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