Volume 13 : Issue 12
TM
www.HRProfessionalsMagazine.com
The SHRM Foundation
The Legal Pitfalls
of AI and HR
How to Build a
Culture of Wellness and Safety
Jennifer McCollum, CEO Linkage,
a SHRM Company
Highlights from 2023 SHRM
Inclusion Conference
FOR A LIMITED TIME - OFFER ENDS 12/31
‘Tis the season! We’ll Waive Your ATS Integration Fee
100+ ATS Integrations Available
Up to $1500 in Savings!
Increase Hiring Speed & Efficiency
Combine the power of Data Facts’ background screening solutions with your preferred HR and applicant tracking providers. Partner with us by 12/31/23 and we’ll waive the ATS integration fee. With savings up to $1500, ensure you’re working with an industry-leading, compliant, and accurate background screening company - WITHOUT breaking the bank. Don’t miss out on this valuable, time-sensitive opportunity.
Criminal Records Search • Verifications • Driver Services • Drug Screening • Healthcare & Credentialing • I-9 & E-Verify • & More!
Declare your specialty and stand out from your peers! By earning a SHRM Specialty Credential, you demonstrate targeted proficiency in a key, continually evolving HR topic area.
Hone your expertise in 1 of 8 areas:
WORKPLACE INVESTIGATIONS
TOTAL REWARDS
SPECIALTY
SPECIALTY
HR DEPT. OF ONE
PEOPLE ANALYTICS
SPECIALTY
SPECIALTY
TALENT ACQUISITION
U.S. EMPLOYMENT IMMIGRATION
INCLUSIVE WORKPLACE
CALIFORNIA LAW
SPECIALTY
SPECIALTY
SPECIALTY
CULTURE
SPECIALTY
HR
How to earn a SHRM Specialty Credential:
COMPLETE
the specialtyspecific seminar
(in-person or virtually)
FINISH
the specialtyspecific eLearning modules
PASS
a multi-question knowledge assessment
shrm.org/yourspecialty
2023
2 0 23
Join our monthly webinars to earn SHRM and HRCI recertification credits.
Bringing Human Resources & Management Expertise to You
43%
of female deaths in the workplace were fatal assaults by a relative or domestic partner. www.HRProfessionalsMagazine.com
Editor Cynthia Y. Thompson, MBA, SHRM-SCP, SPHR 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 Harvey Deutschendorf Amy S. Dufrane Tim Keck Todd A. McFall Mary C. Moffatt John W. Mitchell Katie O’Neill Megan Regan Nancy A. Woolever
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.
4
www.HRProfessionalsMagazine.com
Features 2 ‘Tis the Season – Data Facts Will Waive Your ATS Integration Fee! 5 a note from the editor 6 Profile – Jennifer McCollum, CEO of Linkage, a SHRM Company 7 Talking Taboo by Alex Alonso – Read the Entire Book in HR Professionals Magazine! 10 2023 SHRM Foundation Highlights 12 SHRM Certification’s Ninth Year in Review 16 SHRM Foundation – Building a World of Work That Works for All 18 Congratulations on Passing Your HRCI Exam!
Talent Management and Recruiting 8 The Networking Playbook – Your Path to Attracting Top Talent 9 Fire Your Hiring Habits – A Great Gift for HR Professionals and Managers 11 The SHRM Foundation – Building a World of Work That Works for All
28 Four Things to Determine Your Vulnerability to Violence 32 Four Common Tools to Help Analyze All That Data 33 Piedmont Economic Consulting 34 The Power of Storytelling at Work
Employee Benefits 20 2024 Limits to Know – Many Benefit Plan Limits to Know 21 The Benefits Group – We do all the Work! 22 Building a Culture of Wellness and Safety – Where to Start? 23 McGriff More Insights 33 Fedlogic – the Employer Offered Benefit That Supports Employees in Navigating Federal and State Benefits
Employment Law 26 AI in the Workplace – Challenges Lie Ahead 31 The Strength of Experience – Rainey Kizer Reviere & Bell PLC
Top Educational Programs for HR Professionals 3 SHRM Specialty Credentials 17 SHRM Seminars
14 Unveiling the Future: Top 3 Trends in Background Screening for 2024
25 Save 20% on HRCI Courses in 2023
15 What’s Your RTO Policy?
44 WGU Master of Science in Human Resource Management
24 Military Veteran Hiring Matters
29 Safehaven Security – Train Your People
SHRM Conferences Update 19 SHRM24 in Chicago June 23-26 30 Highlights from the WTSHRM 14th Annual Human Resources & Employment Law Conference 35 2024 SHRM Talent Conference in Las Vegas April 14-17 36 Pictorial Highlights from the SHRM Inclusion Conference in Savannah October 30-November 1 38 Highlights of the SHRM-Memphis HR Excellence Awards November 9 40 Pictorial Highlights from the SHRM Women in Leadership Conference in Orlando November 11-14 42 Pictorial Highlights from the Volunteer Leaders’ Business Meeting in Washington, DC, November 16-18 January 2024 Issue Features Employment Law Updates Deadline to reserve space December 15
a note from the editor
We are honored to feature the SHRM Foundation in our December issue. Tis’ the season of giving. Please remember to make your annual donation to the SHRM Foundation this month! The SHRM Foundation offers scholarships, grants, and awards that help HR professionals gain the skills they need to take their career to the next level and make impactful changes in the workplace that lead to positive social change. It is an honor to feature Jennifer McCollum, CEO of Linkage, a SHRM Company; author of In Her Own Voice: A Woman’s Rise to CEO, on our December cover. Jennifer served as CEO of IntraVision, a leadership consultancy she founded and grew over the course of eight years. She recently led the Women in Leadership Conference in Orlando, November 13-15. We have the pictorial highlights in this issue on pages 40-41. November was one of the most exciting months this year in the Southeast HR community! We had the opportunity to cover the 14th Annual WTSHRM Fall Conference in Jackson, TN, and the 2023 SHRM-Memphis HR Excellence Awards. We also have highlights from the SHRM Inclusion Conference in Savannah on October 30 -November 1, and the SHRM Volunteer Leaders Business meeting in Washington, D.C., November 16-18. It was an honor to provide annual HR training for the Region 27 HR Business Professionals with Walgreen’s on November 17 in Nashville. We are bringing you four exciting complimentary webinars in December that you don’t want to miss! They are all pre-approved for HRCI Business Credit and SHRM PDCs. Watch your email for your invitation to each of these exciting webinars! Our focus in the January 2024 issue will be labor and employment law.
Wishing everyone a beautiful holiday season with your loved ones!
(L-R) Jimmy Hines, Rawleigh Richardson, Sr., SHRM-CP, PHR; Adam Coile, PHR, CPhT; Cynthia Thompson, SHRM-SCP, SPHR; Angelia Koskela, SHRM-CP; Cheakita Webster, and Shawn Curtis, SHRM-SCP; Regional HR Manager for the Tennessee/Kentucky Region. www.HRProfessionalsMagazine.com
5
Jennifer on the cover
McCOLLUM
CEO of Linkage, a SHRM Company; Author of In Her Own Voice: A Woman’s Rise to CEO Jennifer McCollum is CEO of Linkage, a SHRM company, where she oversees the strategic direction and global operations of this leadership development firm. With a mission to “Change the Face of Leadership,” Linkage has dedicated more than 35 years to improving leadership effectiveness and equity in hundreds of organizations globally. Linkage provides assessments, training, coaching, consulting and conferences, with solutions designed to Accelerate Purposeful Leaders; Advance Women Leaders; and Create Inclusive Organizations. Jennifer is an acclaimed speaker, consultant, coach, and author, with two decades of experience leading and building businesses in the leadership space. Her expertise includes how to close the gap to gender equity; why the most effective leaders are inclusive leaders; and how to demystify inclusion for leaders and organizations. She has delivered workshops, keynotes, webinars, and podcasts to thousands of leaders globally on live and virtual stages, including every national and global SHRM conference, several SHRM state & local chapters, Linkage's Women in Leadership Institute, and Oracle's CloudWorld. She has also appeared on Scott Miller's C-suite Conversations and On Leadership
6
www.HRProfessionalsMagazine.com
podcasts, along with Chester Elton's "Leading with Gratitude" LinkedIn Live, Candy O'Terry's "The Story Behind Her Success" and Mark Thompson's Chief Executive Summit Show. Jennifer is the author of the forthcoming book In Her Own Voice: A Woman’s Rise to CEO: Overcoming Hurdles to Change the Face of Leadership, due in November 2023, as well as a contributing author to Leadership in a Time of Crisis and The Freedom of Constraints, and has been published in Psychology Today, Corporate Magazine,The Wall Street Journal, Fast Company, CEO Refresher, and Real Leaders. She is also a member of the Marshall Goldsmith 100 Coaches. Jennifer has 20 years of experience building and leading businesses in the leadership space. Prior to Linkage, Jennifer spent a decade growing businesses within Korn Ferry and Corporate Executive Board (CEB), now Gartner. At CEB, she led product management within the leadership division, driving innovative solutions that helped organizations select, develop and place leaders at all levels. She also ran CEB’s Leadership Academies business, which developed more than 30,000 professionals in 2,100 companies
throughout 50 countries and grew revenue at a 97 percent combined annual growth rate across five years. Previously, Jennifer served as CEO of IntraVision, a leadership consultancy she founded and grew over the course of eight years. She worked with public companies, start-ups, associations and nonprofits. Her passion is creating vision, executing strategy and managing cohesive teams toward aspirational goals, with a special focus on supporting women in leadership roles. Jennifer has a master’s degree in communications from the University of Stirling in Stirling, Scotland, and an undergraduate degree in psychology and communications from Wake Forest University. She is an avid tennis player and skier, and lives in the Washington, D.C., area with her husband and three children.
Re a ww d th w. e en hr tir pr e of bo es o sio k o na n o lsm ur ag we az bs ine ite ! :
© 2022 SHRM - NOT FOR DISTRIBUTION
Talking Taboo
Making the Most of Polarizing Discussions at Work By ALEXANDER ALONSO, PHD
The Networking Playbook:
Your Path to Attracting Top Talent By DR. JOHN W. MITCHELL
N
etworking is a powerful tool! It opens doors to new opportunities, helps in personal and professional growth, and allows for meaningful connections with people who can offer support, guidance, or collaboration. The beauty of networking is not just in what it can do for your career or business, but also in your hiring practices. Leveraging networking tactics for recruitment is a fantastic way to locate and bring onboard the best candidates for your organization. By effectively networking, you expand your reach, tap into hidden talent pools, and create connections that can lead you to exceptional hires. Here’s how to utilize basic networking tools for better hiring results: 1. Tap into Niche Communities: Identify and engage with specialized forums, groups, or communities related to your industry or the skills required for the position. These places often harbor highly skilled individuals.
2. Utilize Personalized Outreach: Craft personalized messages when networking to attract potential candidates. Show that you’ve done your homework and explain why you think they’d be a great fit!
3. Engage with Passive Candidates: Often, the best candidates are already employed. Engage with them through networking, even if they're not actively seeking a new role. They might be open to opportunities if it is compelling!
4. Focus on Relationship Building: Networking isn’t solely about filling job vacancies; it’s about building relationships. Invest time in nurturing connections, even if they might not be immediately relevant for a specific position. 8
www.HRProfessionalsMagazine.com
5. Leverage Employee Ambassadors: Encourage employees to represent the company positively in their own networks. Their advocacy can attract high-quality candidates who resonate with the company culture.
6. Utilize Referral Programs: Incentivize employees and existing connections to refer potential candidates. Referral programs often lead to high-quality, well-matched candidates.
7. Attend Industry Events: Make an appearance at industry conferences, seminars, and meetups. These events provide excellent opportunities to meet and network with top talent in the field.
8. Stay Active on Social Media: Regularly engage on social platforms, sharing insights, job openings, and valuable industry-related content. This can attract talent and position your organization as an industry leader.
9. Provide a Positive Candidate Experience: Even during the networking phase, ensure a positive experience for potential candidates. How you engage with them reflects your company culture and can influence their decision to join.
By using networking not only to expand professional connections but also as a strategic approach to finding the best talent, you position your organization to attract and hire individuals who not only meet the job requirements but also align with the company’s values and culture.
www.HRProfessionalsMagazine.com
9
SHRM FOUNDATION IN 2023:
Empowering HR for a Changing Workforce The SHRM Foundation is dedicated to mobilizing and equipping HR to lead positive social change, creating workplaces where all talent can prosper and thrive. We have three principal pools of work, each designed to support employers in creating a world of work that works for all.
Widening Pathways to Work With 2-in-3 workers lacking traditional degrees, we focus on widening pathways to work for all by encouraging employers to adopt skills-first hiring and advancement strategies. Over 9-in-10 employers say skilled candidates can perform as well or better than degreed candidates, but fewer than 2-in-10 employers say they can implement skills-first strategies. To address this disconnect, SHRM Foundation launched Skilled Credentials at Work, an initiative that supports employers with benchmark research, a downloadable toolkit, and an action planning tool to help organizations implement skills-first hiring. One core component of moving to skills-first is understanding the technological innovations that make it possible. To help, we have launched Reimagine the Resume, which provides information about Learning and Employment Records (LERs), an emerging way of compiling, sharing, and judging skills and competencies more fully and efficiently, to educate and familiarize HR and employers on the concept. Widening pathways to work also means ensuring employers know where and how to engage the full spectrum of untapped talent seeking jobs. In service to that goal, we continue our existing programs for Veterans at Work, Getting Talent Back to Work and Employing Abilities at Work. This fall we launched California Employing Abilities at Work Certificate Program in partnership with the California Department of Rehabilitation (CA DOR). The certificate is designed to build your knowledge on individuals with disabilities while implementing effective and inclusive hiring practices in California workplaces.
10
www.HRProfessionalsMagazine.com
Strengthening the HR Field As part of our continued commitment to strengthen the HR field, in 2023 we provided over $600K scholarships, professional grants, and awards to HR leaders across the career spectrum, and continued our well-regarded HR mentorship program. Through our HR Registered Apprenticeship Program, SHRM Foundation partnered with more than 80 employers throughout the U.S. to provide an earn-andlearn pathway to a rewarding career in HR. And in January, we’re set to launch HR Tomorrow, a leadership program designed to make sustained, transformative investments in tomorrow’s HR leaders. Part of strengthening the field is celebrating its success. In October, SHRM Foundation hosted the annual Tharseo Awards, recognizing leaders making a tangible impact on the global workforce through innovation. At Tharseo, Sheri B. Bronstein, Chief Human Resources Officer at Bank of America, received the Ram Charan Human Resources Innovation Award; Mike Milken, Chairman of the Milken Institute, was named CEO of the Year; and The Honorable Tom Harkin, former U.S. Senator, was selected as the Policy Transformer of the Year. These awards celebrate impactful contributions to the positive transformation of workplaces globally.
Tackling Societal Challenges: Mental Health The world of HR operates against the backdrop of broader societal challenges—the most pressing of which is mental health. As part of ongoing work in this space, in April 2023, SHRM Foundation launched a new field guide, “Mental Health in Your Workplace,” which equips HR professionals with tools to evaluate mental health resources, inform processes for supporting mental health, and develop strategies demonstrating improved mental health in unique workforces. Our commitment to mental health continues into 2024. Learn more about SHRM Foundation or donate at shrmfoundation.org.
INCOMING 2024 SHRM FOUNDATION BOARD OF DIRECTORS OFFICERS
2024 CHAIR
2024 CHAIR-ELECT
2024 SECRETARY/TREASURER
Edie Goldberg, Ph.D.
Camille Chang Gilmore
Karen Bennett
Immediate Past Chair
Vice President of HR & Global Chief Diversity Officer
Executive Vice President and Chief People Officer
Boston Scientific
Cox Communication
President of E.L. Goldberg & Associates
INCOMING SHRM FOUNDATION BOARD MEMBERS IN 2024
John Ferguson
Mark Blankenship, Ph.D.
Chief Human Resources Officer
Former Executive Vice President, Chief of Staff & Strategy
NASCAR
Jack in the Box Inc.
DONATE NOW https://donate.shrmfoundation.org/
www.HRProfessionalsMagazine.com
11
SHRM CERTIFICATION SHRM-CP | SHRM-SCP
SHRM CERTIFICATION’S NINTH YEAR IN REVIEW:
SHRM Certification: Built on a Data-Driven, Adaptable Framework By NANCY A. WOOLEVER, MAIS, SHRM-SCP
How does a SHRM-Certified HR professional show his or her employer that their contributions are relevant, add value, and that they remain dynamic contributors to the organization’s competitive advantage through a process of on-going development? This and other key questions became the focus for the SHRM certification team in 2023. The answers set the stage for 2024 and beyond. While it is true that 2023 was another year of growth and outsized achievements, the SHRM certification team specifically challenged itself to understand the needs of SHRMcertified professionals and aspiring SHRM-certified professionals more deeply by examining information and data from the past as it relates to guiding those with whom we engage in the future. Creating and maintaining data-driven specifications for HR Professionals. The critical contribution that SHRM Certification provides to the profession is compiling and codifying the universal criteria, requirements, guidelines, and specifications that define the HR profession. Anchored by data and extensive research, the SHRM Body of Applied Skills and Knowledge® embodies the core principles, knowledge, skills, abilities, and behaviors that define HR—in the words and from the expert input of HR professionals who practice HR daily, all over the world. The SHRM BASK in turn provides the blueprint for the SHRM-CP and SHRM-SCP exams. Equally as important, it provides a framework to which programs, content and products are linked across SHRM. It also serves as the anchor to which all Recertification Providers tie their program offerings that SHRM-Certified professionals use toward recertifying their credentials—including SHRM chapters, state councils and academically-aligned institutions. To remain current, relevant, and dynamic, the SHRM Certification team regularly examines how the profession is changing and evolving at various points in time. This work starts by involving you as the HR subject matter experts to inform updates to the framework, and to ensure the SHRM BASK is universally applicable, includes many HR professionals across the world. This year is no different—we began examining which parts of the HR profession are evolving at a more-rapid pace, thus requiring broader attention or expanded representation in the SHRM BASK®. Two primary areas emerged as evolving quickly: inclusion, equity, and diversity (IE&D), and artificial intelligence (AI). As a result, SHRM is currently conducting an interim practice analysis to keep the universal definitions of HR practice, application of knowledge and best-practice behaviors timely, suitable, and accurate in these two rapidly evolving disciplines. The results of the current research will culminate in survey research in early 2024 asking for feedback from HR professionals across the world to rate how important it is to master knowledge of these disciplines and what level of proficiency is required to perform them competently in everyday HR work. This current effort is an interim step toward a full practice analysis that will occur in another year or two.
through recertification. By the end of 2023, we will have recruited over 40,000 applicants to take either the SHRM-CP or the SHRM-SCP exam. The Recertification Provider program thrives with more than 3,700 providers in the ecosystem to support 20,000 SHRM-Certified Professionals due to recertify in 2023 and 50,000 more due to recertify in 2024. SHRM also began offering native-language tests this year to those who live in nations where Arabic is the first language and to those who live in South Korea, whose first language is Korean. SHRM certifications continue to be the certifications most relevant to the work HR professionals do each day according to feedback from examinees who refer other candidates to take either the SHRM-CP or the SHRM-SCP. This explains why eight out of ten aspiring certificants choose to pursue the SHRM-CP or the SHRM-SCP. Research completed in 2023 points to candidates’ desire for increased credibility, skills, and confidence as the primary drivers for individuals who choose to take the SHRM-CP or the SHRM-SCP exam. Additionally, 90% of those who earn a SHRM certification report that their supervisors are more likely to give them the opportunity to manage or respond to difficult situations, and 79% report they have taken on higher level responsibilities. Part of managing a large certification program includes being inquisitive and asking questions to inform the future of the program and to provide the touchpoints that guide HR professionals along the pathway toward SHRM certification.
Supporting Your Commitment to Earning and Maintaining SHRM Certification SHRM Certification is as accessible as it is achievable. The SHRM Certification Team is committed to the success of every candidate pursuing and maintaining the SHRM-CP or SHRM-SCP after earning it through examination. Starting the journey? Key factors will lead to your success. Embrace and follow this proven pathway—it has led to success for so many others who have gone before you down this same path. Make the first decision—which exam should I take—based on the work you do every day. Set yourself up for success by applying for and studying for the exam level that matches the work you currently perform. A word of caution: take the SHRM-SCP only if you are already performing senior- or executive-level work; if you want to eventually hold a senior- or executive-level position, take the SHRM-CP first. Next, use the certification website (shrm.org/certification) to search for, consume and digest information to make other decisions and take actions to achieve the goal of earning a SHRM-CP or SHRM-SCP. The certification website is organized based on user experiences. The site features simple navigation and easy-to-access information.
One-Stop Shop for Certification Information
Far-reaching analyses like this and other analyses conducted regularly during testing windows, contributed to SHRM being granted re-accreditation through 2029 from the Buros Center for Testing at the University of Nebraska—Lincoln for the SHRM-CP and SHRM-SCP certifications during 2023.
Specific pages within the SHRM Certification website provide details on certification levels, exam preparation, academic program alignment, military service member resources, corporate group exam enrollments and global applicant opportunities, recertification requirements and recertification providers.
SHRM Certification by the numbers. In 2023, SHRM Certification surpassed 135,000 total certified, has experienced a record number of test-takers and a record number of already-certified professionals who maintained their certification
Preparing for the exam? The webpage on exam preparation encourages you to start at the beginning by familiarizing yourself with the contents of the SHRM BASK because it is the framework or taxonomy from which
12
www.HRProfessionalsMagazine.com
the test questions and the SHRM Learning System are derived. Next, study the SHRM Learning System to master content and familiarize yourself with the behavioral competencies, subcompetencies and proficiency indicators that define what best-practice behavior looks like at work. Then round out your study plan by using the Self-Study resources. These include the official study guide, Ace Your SHRM Certification Exam, its accompanying workbooks featuring practice questions for both the SHRM-CP and SHRM-SCP exams, plus webinars, virtual learning sessions and study options available in various modalities. Note that an e-copy of the study guide is included with the SHRM Learning System. The practice question sets in the workbooks specifically respond to increasing demand from customers to have access to recently administered, but now retired, operational test items so they can practice more taking multiple choice tests. In addition to the pretest and the timed practice test in the SHRM Learning System, these practice question sets provide a realistic preview of the operational exam content, the exam’s structure and the content landscape covered on the exams. The workbooks that supplement the Ace Your SHRM Certification Exam guidebook also provide drilled-down information about item difficulty and rationales that support the Keyed response, and where applicable, the rationales that explain why a response option is incorrect. There are separate workbooks for each exam level and are available through SHRM Store. The ideal amount of time to study is approximately three months before your exam appointment. Testers who follow the process described above and prepare using the suggested resources pass the exams at a higher rate than those who do not use the suggested resources.
You Earned it, now Keep it To start your recertification journey, visit shrm.org/certification to explore the wide variety of options, to understand recertification options and types, and to explore the current listing of pre-approved recertification providers. A key point: the point of becoming certified is to maintain certification by remaining current in the profession, growing, and developing in a way that makes sense for you as an individual and that meets your organization’s needs as well. In other words, the key point of recertification is this—it’s about continuous and on-going development. Our goal is to help guide your development through recertification activities that interest you and your organization, make sense and are manageable within the other daily demands for your time. Remember: Recertification is not about logging credits in the portal—though that is part of the process. It is primarily about choosing the right way, program, event, volunteer opportunity or speaking or writing opportunity that helps you develop as an HR professional. Be relentless about developing yourself! Need a starting point? The SHRM Certification team can help guide your thinking by providing additional information to link any SHRM-certified professional’s test results report and design an individualized development plan—one that aligns to strengths and opportunities, and that also accounts for your organization’s priorities for individual or team development. Three key areas should comprise your development path and be integrated into your planning. Learn. What greater source awaits any SHRM-Certified HR professional than SHRM Educational Programs? Consider the seminars, educational programs, e-Learning programs, webcasts, webinars and events and conferences and those offered by SHRM and Linkage—A SHRM Company as your first stop as you think about the options. You can earn all 60 required Professional Development Credits (PDCs) by advancing your education through learning. Ranging from the basics to niche topics, any HR professional can learn from a wide variety of programs offered in varying formats, synchronous or asynchronous, virtual or in-person. In late 2022, SHRM also acquired Linkage, Inc. whose focal point is leadership development, developing women leaders and leading in the inclusion
and diversity space. In addition, SHRM’s education department added two new Specialty Credentials in November 2023 to its already-broad slate of learning programs. Include SHRM Events as part of your planning too. And to supplement learning activities offered by SHRM, explore the many options for learning available locally through your local SHRM Professional Chapter or State Council and included on the SHRM Events link above. Check out the offerings provided by the pre-approved list of SHRM Recertification Providers as well. More than 40,000 programs are available in this rich ecosystem that includes 3,700+ organizations. All SHRM Chapters, State Councils and Academically Aligned Institutions are also officially recognized SHRM Recertification Program organizations. Myriad choices; myriad learning options. The world is literally your learning oyster! Explore all these options in your SHRM Certification portal account by searching for activities available from these many providers. Improve Your Workplace. Complete a workplace project to improve your workplace and earn PDCs by completing the project. Any project linked to one of the 14 HR functional areas or one of the nine behavioral competencies in the SHRM BASK, and the project can be used toward recertification under the advance your organization category. You can earn a total of 30 PDCs (of the required 60) in this category. Guidelines for creating a workplace improvements project are available on the SHRM Certification web site. Different credit levels match different investment of time over a certain number of months. Details are included online. Consider applying what you learn at a learning program to create an innovative solution at work. A great example is available on the web site for those who complete SHRM’s Inclusive Workplace Culture Specialty Credential. Advance the Profession of HR. A final option to earn PDCs awaits you in the category of advancing the profession. Here too, you can earn up to 30 PDCs across your three-year recertification period. This category includes activities like SHRM or local SHRM chapter membership, writing articles, book chapters or books, teaching and making presentations, and volunteering activities. Volunteerism is a great way to give back to the profession. A list of eligible volunteer activities is included in your SHRM certification portal account and on the recertification webpage. Whether you choose to serve in a SHRM leadership volunteer role, a local chapter or state council volunteer role, or volunteer to support SHRM certification test development, you can earn various amounts of PDCs toward recertification based on how you choose to volunteer.
SHRM Certification: Accessible. Achievable. I hope you will explore the SHRM Certification website, https://www. shrm.org/certification to learn more about the simple, easy-to-follow process to become a SHRM-CP or SHRM-SCP credential holder. SHRM is excited to see what the future holds! If you are considering HR certification, I invite you to join the SHRM family in 2024 by earning your SHRM-CP or SHRM-SCP and to also leverage the numerous and varied methods available to study and prepare in a way that suits you, your needs, and your schedule best. Nancy A. Woolever, MAIS, SHRM-SCP | Vice President, Certification Society for Human Resource Management Nancy.Woolever@shrm.org www.shrm.org www.HRProfessionalsMagazine.com
13
UNVEILING THE FUTURE:
Top 3 Trends in Background Screening for 2024
In the fast-evolving landscape of talent acquisition and human resources, staying ahead of the curve is crucial. Background screening, a pivotal component in the hiring process, is experiencing significant transformations in 2024. As HR professionals strive to make informed and compliant decisions, understanding the top trends in background screening becomes imperative. In this article, we unveil the three key trends shaping the background screening landscape in 2024.
1. Embracing Artificial Intelligence and Predictive Analytics In the era of digital transformation, Artificial Intelligence (AI) and predictive analytics are revolutionizing the way background screening is conducted. Employers are increasingly relying on advanced algorithms to analyze vast amounts of data, providing a more comprehensive and nuanced understanding of a candidate's background. AI-powered screening tools not only expedite the process but also enhance accuracy by identifying patterns and potential risks that may go unnoticed through traditional methods. Predictive analytics, in particular, enables organizations to assess the likelihood of a candidate's success in a role based on historical data and performance metrics. By leveraging AI and predictive analytics, HR professionals can streamline the screening process, identifying high-potential candidates while minimizing the risk of making uninformed hiring decisions. This trend is not only about efficiency but also about ensuring a more strategic and data-driven approach to talent acquisition.
2. Enhanced Focus on Diversity, Equity, and Inclusion (DEI) in Background Screening In an era where diversity, equity, and inclusion are at the forefront of organizational priorities, background screening is undergoing a paradigm shift to address these concerns. Companies are increasingly recognizing the importance of fair and unbiased hiring practices, and background screening is no exception. In 2024, there is a heightened emphasis on ensuring that background screening processes are not inadvertently perpetuating biases. HR professionals and recruiters are working to strike a balance between thorough evaluation and avoiding discriminatory practices. This involves reevaluating the relevance of certain background checks and ensuring that they align with the essential job requirements. Additionally, organizations are implementing measures to address the impact of historical biases on minority groups. By adopting a 14
www.HRProfessionalsMagazine.com
more holistic approach to background screening, HR professionals aim to create a level playing field for all candidates, fostering a workplace that values diversity and inclusion.
3. Compliance and Data Privacy: Navigating the Regulatory Landscape As the regulatory landscape around data privacy continues to evolve, compliance is a critical consideration in background screening. In 2024, HR professionals and talent acquisition directors are grappling with an increasingly complex web of regulations governing the collection and use of personal data. Stricter data protection laws, such as the General Data Protection Regulation (GDPR) and emerging state-level regulations in the United States, are reshaping the way organizations approach background screening. It is essential for HR professionals to stay abreast of these developments and ensure that their screening processes align with the latest legal requirements. Moreover, the implementation of robust data protection measures is becoming a standard practice. HR professionals are investing in secure technology solutions and processes to safeguard sensitive candidate information. As the importance of data privacy grows, companies are also providing clearer communication to candidates about the purpose and scope of background screening, fostering transparency and trust in the hiring process.
Conclusion In 2024, the landscape of background screening is evolving at a rapid pace, driven by technological advancements, a commitment to diversity and inclusion, and the ever-changing regulatory environment. HR professionals, talent acquisition directors, and recruiters must be proactive in adapting to these trends to ensure a seamless, fair, and legally compliant hiring process. By embracing AI and predictive analytics, organizations can enhance the efficiency and accuracy of background screening. Simultaneously, a heightened focus on diversity, equity, and inclusion ensures that screening processes contribute to a more inclusive workplace. Lastly, navigating the intricate web of compliance and data privacy regulations is paramount to building trust with candidates and avoiding legal pitfalls. As we navigate the complexities of background screening in 2024, it is evident that staying informed and agile is key to making wellinformed hiring decisions and fostering a workplace that values diversity, equity, and inclusion. Data Facts | www.datafacts.com
WHAT’S YOUR RTO POLICY? What’s your Return-to-Office policy? SHRM can help with the latest trending articles, resources and policies. Already planning to head back? Here’s what you need to know: • Create a flexible full-time or hybrid work schedule. • Learn how to send RTO notices to employees. • Review and update PTO policy changes. • Encourage employee engagement for returning employees.
JOIN/RENEW TODAY AND LEARN HOW YOU CAN CREATE A SUCCESSFUL RTO PLAN FOR YOUR ORGANIZATION Visit: shrm.org/ReturnToWork
BUI LDI N G A WO RL D O F WO RK T HAT WO R K S FO R AL L
We mobilize and equip HR to lead positive social change so that all talent and workplaces can prosper and thrive. We are committed to addressing the economic, social and health-related disruptions impacting work, workers and the workplace. We focus on three interconnected pools of work to elevate and empower HR as a social force for good.
WIDENING PAT H WAYS TO WO RK
STRENGTHENING THE HR FIELD
• Skilled credentials.
• Student cultivation.
• Untapped talent.
• Support and recognition for HR professionals.
TACKLING SOCIETAL CHALLENGES
• Physical, mental and social health in the workplace.
LEA RN MO RE S H R MFO U NDATIO N.OR G 222885
Did you know? 14-15% higher salaries are reported by those who have earned their SHRM certification that their peers who have not.*
Build the confidence you need to take the next step in your HR career journey by taking and passing the certification exam with test-taking strategies and with best practices gained from a SHRM seminar.
Explore upcoming in-person and live online SHRM certification exam prep seminars including: SHRM-CP® and SHRM-SCP® Certification Preparation SHRM-CP Certification Power Preparation SHRM-SCP Certification Power Preparation
SHRM members save nearly $300 with their member discount!
Equip yourself with the knowledge you need today! Visit shrm.org/seminars23-certprepHRPM
www.HRProfessionalsMagazine.com CPR-230689 EventMarketing_HR-Pros-Magazine_Seminars_Fall23_Cert-Prep_1223.indd 1
17
11/3/23 12:05 PM
Congratulations on Passing Your HRCI Exam! 2023
2 0 23
Tiffiney Ward, PHR, is the Human Resources Director at the Georgia Student Finance Commission. With over 19 years of experience in state government; she has received her HRCI Certification. Tiffiney is also a Certified Professional Life Coach, and Certified Human Behavior Consultant.
Drew Deen, SPHR, recently passed his HRCI exam and received his SPHR designation. Drew is HR Manager at Cooperative Energy in Hattiesburg, MS. Drew is also an MBA.
Tiffiney and Drew are graduates of our Online HRCI | PHR | HRCI Certification Exam Prep Class. We have a 90% pass rate! Our next class begins February 19, 2024. Deadline to register is February 15. Go to our website, www.hrprofessionalsmagazine.com, to register.
18
www.HRProfessionalsMagazine.com
IT’S THE SEASON OF GIVING
Why not give yourself the gift of professional development? You deserve it. Join us in Chicago June 23-26 for the SHRM Annual Conference & Expo (SHRM24) to level up your learning and propel your career forward.
Learn more: shrm.org/shrm24-dec
Have a question? (615) 250-3334 care@benefits.place https://thebenefits.group
•
www.HRProfessionalsMagazine.com
21
Building a culture of wellness and safety:
Where to start? By KATIE O’NEILL
It is not uncommon to hear that while many employers have both safety and wellness committees, they rarely interact with one another. Employees, managers, and leaders may inherently realize that there are benefits to combining safety and well-being efforts, and quite a bit of overlap, but they also may encounter difficulties when it comes to where the rubber meets the road with integrating initiatives and strategies. Although it can require a revamped approach, there are many benefits to developing a holistic safety and well-being benefits and cultural workplace strategy. Decreased costs and risk, increased engagement, improved employee morale, decreased absenteeism, and improved connectivity are just a few examples. Developing these plans from both a strategic and tactical level can vary widely among employers and industries, but here are some key points to discuss with your team and ideas on how to start building stronger communications between wellness and safety. Recognize the common connection points: Certain injuries
and conditions are quite common to see present on both Workers’ Compensation and medical claims, such as musculoskeletal injuries and problems. While those back, neck, and shoulder injuries are costly and numerous, there are many points of intersection between health and safety that might not be as obvious. For example, if an employee is an undiagnosed or unmanaged diabetic, they could experience neuropathy, which could impact balance, coordination, and walking. They also could experience changes in vision and problems with wound healing. Sleep apnea, which can often be underdiagnosed can lead to decreased alertness and reaction times. Stress, depression, and anxiety can alter focus and engagement at work. Change the culture around wellness: Part of the reason that
wellness programs can experience less engagement than safety programs, can be because they may be seen as participation-based, whereas safety is a fundamental requirement. By tying wellness initiatives with safety checklists (for example, encouraging stretching and strengthening breaks, stress reduction, annual physicals, and condition management), you can help managers and employees see how they connect, and are of equal importance to safety checks. While you cannot require participation in wellness programs, building their value and developing a greater awareness of how they can improve workplace safety can help build better engagement and results. Communications: Consider including a seat for wellness and safety
people on both committees, developing a joint committee, or periodic meetings to align initiatives. While this seems like a simple step, it is one of the most important to help open discussions to discuss challenges and brainstorm solutions. Leveraging multiple channels of employee 22
www.HRProfessionalsMagazine.com
communications (such as signage, on-site events, digital apps, and pre-shift meetings) and streamlining messaging can help to reduce information overload and still reinforce important goals. Having the additional insights and feedback from people working in all areas of the organization can also be helpful in being mindful of the real challenges they see day to day, and how those might be overcome. Holistic data reviews and strategy: Claims and reporting from
medical and Workers’ Compensation are subject to different rules and may look different, but often the right analysis and approach can identify where risks might carry over. For example, if medical reflect concerns with opioid use and chronic pain, it is a good indicator to start becoming more proactive with your safety team to address prevention, awareness, and evaluate the need for additional resources. These claims can occur simultaneously, or switch back and forth, and having full view of the claims experience and costs holistically can provide good intel on where there might be areas of concern. Look at your work environments holistically: We are quick to
make sure we identify safety risks in the workplace, and understandably so, but are we also evaluating how the workplace environment could be influencing health risks? Apply the same lens to how employee health can be impacted by what types of foods are on-site, work/life balance, and accessibility to preventive care. This also includes employees who are working off-site; are there ways to help improve communications and tools for them to eat healthier, sleep better, or manage stress? Small things such as providing lists of healthier convenience food options for on-site and field workers, digital programs for improved mobility and fitness, or a PTO day for self and preventive care can serve as part of your approach to considering health as a function of safety. Start small: Adding additional responsibilities, communications, and
initiatives can always seem daunting, but the overall goal is to make things more united and seamless for everyone. Starting with simple awareness strategies, such as adding communications apps for wellness and safety, signage about Employee Assistance Programs with your safety notices, and opening the lines of communication can ultimately reduce the amount of work required for everyone by creating a more simplified approach and cohesive culture of health and safety.
Katie O’Neill
Vice President and Clinical Wellness Practice Leader McGriff Katie.ONeill@McGriff.com McGriff.com
McGriff MORE InsightsTM
Transform your employee benefits from an expense to a competitive advantage. Our proprietary approach helps you quantify and achieve optimal plan performance across four key areas of your employee benefits program — Managing Costs, Operational Efficiency, Risk Mitigation and the Employee Experience by answering three key questions: • How is your organization doing? • Where should you aim? • What’s the value in getting there? By optimizing benefit plan selection, design, management, and employee engagement, McGriff MORE Insights can help turn your benefits program into a real differentiator that aligns with your organization’s culture and business objectives. Visit McGriff.com to learn more.
Insurance • Risk Management • Employee Benefits ©2023 McGriff Insurance Services, LLC. All rights reserved. McGriff Insurance Services, LLC is a subsidiary of Truist Insurance Holdings, LLC.
Military Veteran Hiring Matters BY DR. AMY S. DUFRANE, SPHR
In 1919, President Woodrow Wilson proclaimed November 11 as what was originally known as Armistice Day. The tragedies and tensions created by World War I were abating, and the initial intent of the day was to honor the veterans of the war to end all wars. Sadly, WWII followed – requiring the greatest mobilization of the military in the nation’s history. The day of commemoration was expanded to honor American veterans of all wars and is now recognized as Veterans Day. For some individuals, serving in the armed forces was triggered by wartime activity. For others, it is a deliberate career move that can be short- or long-term. Many veterans begin their military service early in their careers – and, in some cases – their “active duty” obligation is related to their service academy education. Regardless of how or why one enters military service, one thing is crystal clear. Veterans possess valuable skills and training that are transferable to civilian life. Skills that might take years to develop, such as leadership, teamwork, and critical thinking, are given fertile ground to develop in the military. Added to these “soft skills” are distinct technical skills combined with a discipline and work ethic that is both expected and rewarded in the military. It has always seemed so logical that veterans represent a desirable and diverse talent pool. And they do. On the employer side, there is a history of having failed them. Some organizations view hiring veterans as part of their corporate social responsibility initiatives to show support for the military community. Others see hiring military talent as a chance to prop up DEI programs. In any case, without resume workshops, interview preparation, properly defined job classification and compensation bands, and mentorship programs, the transition from the military environment to a monetary milieu might not be successful. Consider some of the reasons why military hiring fails: • Rigid requirements for civilian roles miss the mark in extending full appreciation for the skills acquired during military service. • Military credentials don’t necessarily translate into civilian requirements. • Cultural differences are a harsh reality for veterans transitioning back to civilian workplaces. Adapting to less structured settings with what feels like poorly defined expectations can trigger struggles. • Although it might not seem readily intuitive, employers with preconceived misconceptions about vets might spark unconscious bias that thwarts hiring success. Thankfully, there are some excellent examples of military hiring programs to emulate. Deloitte encourages military members, veterans and their families to explore careers by joining its talent network. 24
www.HRProfessionalsMagazine.com
Through the network, military veterans – and their spouses – can receive career resources, potential job opportunities and insights into working for Deloitte. A career site designed specifically to address the concerns of military veterans includes educational videos, job openings and a tool to explore fit. Hire Heroes USA is a veteran employment non-profit that provides free job search help to U.S. military members, veterans, and their spouses. Among its services are personalized career coaching, job placement assistance, resume and interview workshops and mentorship programs. Companies committed to hiring military veterans can post open positions, participate in career fairs, and receive pre-screened resumes. Another notable example is Veterans Jobs Mission, a coalition of over 200 private-sector companies committed to hiring and supporting veterans. Among its members are some of the country’s largest employers, including Walmart, Amazon and Microsoft. These employers have dedicated resources to help transition veterans from military service into meaningful job opportunities. One founding member company – JPMorgan Chase – had a goal of hiring 100,000 veterans by 2020. Using job fairs, career events, and online job postings supported by social media and digital platforms, the bank closely tracked its progress and reported results regularly to measure success and make adjustments as needed. The exciting movement to skills-based hiring has the potential to be a powerful advance for veterans. A skills-based approach avoids the possibility of under-employing military talent by making more precise matches. Skills-based hiring shifts the focus away from education degrees and puts the emphasis – and reward system – on the ability to perform the job. Fields such as cybersecurity, logistics and healthcare that are notoriously languishing due to open jobs can directly benefit from a complement of skills acquired through military service. Will skills-based hiring disrupt the hiring hurdles experienced by vets and employers alike? Perhaps no one else than a vet should answer that question: “Veteran hiring should have always been a strategic business decision, not just virtue signaling,” said U.S. Army veteran and recruiting expert Chad Sowash. “The shift to skills-based hiring represents the ideal opportunity to fully recognize the unique value of this exceptional talent pool.”
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.
Save 20% on HRCI® Courses in 2023
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 • Hiring and Retaining Diverse Talent Earn 12 general HR credits towards any of HRCI’s eight credentials, including SPHR® and PHR®.
Visit learn.hrci.org and use code HRMAG23 to claim your discount at checkout. HRCI’s learning catalog features 250+ courses and certificates. This offer will expire on October 31, 2023 atat 11:59 pmpm ETET and cannot bebe combined with anyany other promotions. December 31, 2023 11:59 and cannot combined with other promotions.
AI in the Workplace – Challenges Lie Ahead! By MARY MOFFATT
Artificial Intelligence (AI) is getting a lot of attention these days. On November 8, 2023, the Hollywood actors and artists reached an agreement to end their strike, largely driven by the threat of the industry using AI in lieu of live actors. On October 30, 2023, President Biden signed an Executive Order aimed at safety and security standards regarding AI. But the federal government’s attention to AI is nothing new. On January 1, 2021, President Trump signed the National Defense Authorization Act (NDAA), which included the National AI Initiative Act of 2020 (NAIA).
WHAT IS AI? Perhaps like Justice Stewart’s comment regarding pornography, (it’s hard to define, but “I know it when I see it,”) there is no singular definition for AI. However, the NAIA defines artificial intelligence as follows: “…a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to— (A) perceive real and virtual environments; (B) abstract such perceptions into models through analysis in an automated manner; and (C) use model inference to formulate options for information or action.” 15 USC 9401(3). That definition seems like a good place to start, but what does all this mean for employers? This article will explore resources available for employers regarding AI in the workplace and some of the risks of AI as well.
As part of its initiative, the EEOC issued a technical assistance document entitled “The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees.” https://www.eeoc.gov/laws/guidance/americans-disabilitiesact-and-use-software-algorithms-and-artificial-intelligence In May of 2023, the EEOC released a second technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964.” https://www.eeoc.gov/laws/ guidance/select-issues-assessing-adverse-impact-software-algorithmsand-artificial The EEOC makes several recommendations in these technical documents. Written in Q&A format, for example, the EEOC queries: Q: Is an employer responsible under the ADA for its use of algorithmic decision-making tools even if the tools are designed or administered by another entity, such as a software vendor? A: In many cases, yes. For example, if an employer administers a pre employment test, it may be responsible for ADA discrimination if the test discriminates against individuals with disabilities even if the test was developed by an outside vendor. EEOC, The ADA and Use of Software, etc., Question 3 The EEOC considers that an individual is “screened out” due to a disability when a disability prevents a person from meeting-or lowers their performance-on a selection criterion or the individual loses a job opportunity as a result. Or, for example when a chatbot is used to engage in a “conversation” with the job applicant. If the applicant has a speech impediment the chatbot cannot discern, the result could be discrimination based on a disability. (See, EEOC, Question 8). Another Q&A from the Technical Document:
EEOC TARGETS AI In 2021, the Equal Employment Opportunity Commission (EEOC) began an initiative to address the use of software, including artificial intelligence, machine learning and other technologies in making hiring and other employment decisions. The aim of the Initiative was to ensure that these tools, and the resulting employment decisions, did not violate federal civil rights laws which the EEOC enforces. 26
www.HRProfessionalsMagazine.com
Q: Can employers assess their use of an algorithmic decisionmaking tool for adverse impact in the same way that they assess more traditional selection procedures for adverse impact? A: As the Guidelines explain, employers can assess whether a selection procedure has an adverse impact on a particular protected group by checking whether use of the procedure
causes a selection rate for individuals in the group that is “substantially” less than the selection rate for individuals in another group. If use of an algorithmic decision-making tool has an adverse impact on individuals of a particular race, color, religion, sex, or national origin, or on individuals with a particular combination of such characteristics (e.g., a combination of race and sex, such as for applicants who are Asian women), then use of the tool will violate Title VII unless the employer can show that such use is “job related and consistent with business necessity” pursuant to Title VII. EEOC, Assessing Adverse Impact in Software, etc. Question 2
THE DOJ, FTC, CFPB & EEOC In April 2023, the Department of Justice, the Federal Trade Commission, the Consumer Financial Protection Bureau and the EEOC issued a Joint Statement entitled “Pledge to Confront Bias/Discrimination in AI.” https:// www.eeoc.gov/joint-statement-enforcement-efforts-against-discrimination-and-bias-automated-systems. The Joint Statement included commitments from the agencies to monitor the development and use of AI and to protect individual rights under the laws they each enforce. As part of the release, Assistant AG Kristen Clarke of the DOJ Civil Rights Division stated: As…employers, and other businesses that choose to rely on artificial intelligence, algorithms and other data tools to automate decision-making and to conduct business, we stand ready to hold accountable those entities that fail to address the discriminatory outcomes that too often result…This is an all hands on deck moment and the Justice Department will continue to work with our government partners to investigate, challenge, and combat discrimination based on automated systems.
RECENT ACTIVITY In May 2022 the EEOC brought suit against ITutorGroup, Inc., a Chinese-based conglomerate which provides online English-language tutoring services to students in China. EEOC alleged the company’s use of AI violated the Age Discrimination in Employment Act (ADEA) by intentionally programming software to automatically reject female applicants 55 or older and male applicants 60 years or older. (Civil Act. 1:22-cv-02565 (E.D.N.Y.). As a result, over 200 qualified applicants in the United States were rejected based on their age. After several months of litigation, the matter was resolved by way of settlement with iTutorGroup agreeing to pay $365,000 to be distributed to the rejected applicants. In another lawsuit, Derek Mobley filed suit against Workday, Inc., seeking to initiate a class action against the company in the U.S. District Court for the Northern District of California. (Case No. 4:23-cv00770). In the Complaint, Plaintiff Mobley alleges that Workday, Inc. unlawfully offers an algorithm-based applicant screening system that determines whether an employer should accept or reject an application for employment based on the individual’s race, age, and or disability.” In response, Workday has filed a Motion to Dismiss the Complaint on various legal grounds and the Motion is currently pending. Mobley v. Workday, Inc., Case No. 4:23-cv-00770 (N.D. Ca. 2023).
LEGISLATION Several states have issued have enacted legislation to address the use of AI in the workplace. Illinois employers using AI analysis in video interviewing must give advance notice to applicants of how the AI tool works and what characteristics will be used to evaluate the applicants. In New York City, an employer may not use AI to screen candidates and employees unless (1) the tool has undergone a bias audit no more than one year prior to its use, (2) a summary of the most recent bias audit is made publicly available, and (3) notice of the AI use and an opportunity to request an alternative selection process is provided. Legislation addressing AI is pending in numerous states. Stay tuned for developments in that regard and be careful to check the states in which your company does business to ensure compliance.
ACTION STEPS TO CONSIDER AI’s capabilities are vast. AI can conduct job interviews, with chatbots detecting favorable or unfavorable characteristics for a “job fit,” performing résumé scans, prioritize applications using keywords; evaluate employees for promotions, determine participants for a reduction in force, monitor employees, assess performance criteria, evaluate accommodation requests, or determine compensable time. This article has only scratched the surface of the many ways that unchecked use of AI in a business can create liability. Whether its extension of credit, trademark or copyright infringement, violation of privacy laws, or hiring and employment decision-making, businesses should consider the following steps to address these risks in a pro-active manner: (1) Develop an internal team to assess if and where AI is being used (you may be surprised); (2) Be aware and make sure others who may use AI are aware that the Company may be liable for AI decisionmaking even if designed and administered by 3rd party; (3) Assess ways to minimize risk and conduct audits of the AI program(s) to confirm the outcome does not suggest a violation of applicable employment laws; (4) Ensure that those using AI are trained on the risks and the fact that “AI did it” is not a defense to those risks; (5) Consider on-going assessments/3rd party audits of programs/employee and contractor policies; (6) Consider engaging counsel for internal policy development and best-practices guidance; (7) Review AI vendor contracts for protective provisions such as verification of validation audits, etc. By taking a pro-active approach to AI, employers can hopefully reduce risks and not wind up lost in space thanks to AI like Frank Poole in 2001: A Space Odyssey.
Mary C. Moffatt, Member
Wimberly Lawson Wright Daves & Jones PLLC Knoxville, Tennessee office mmoffatt@wimberlylawson.com
www.HRProfessionalsMagazine.com
27
Four Things to Determine Your Vulnerability to Violence
By TIM KECK
Have you ever wondered how vulnerable your workplace is to an active shooter? Read below and judge both your level of exposure and what you can do to reduce it. (TL; DR self-test at the end.) We conduct vulnerability assessments for clients all over the nation to determine the answer to that question. In doing so, there are three areas we primarily concern ourselves with: 1. Avoidance and Visibility 2. Early Warning Systems 3. Multiple Ingress/Egress Options 4. Partnership with a Threat Management Expert Avoidance and Visibility speak to how likely your organization is to get targeted in the first place. Since threats may be either internal (disgruntled employee) or external (angry activist), there is no one solution to avoid being chosen for an attack. Internally it’s all about creating a culture of trust and encouraging people to speak up if they’re concerned about a coworker. The single most important group in this regard is your first-line managers, as they are the ones closest to the people doing the job. If they build trust in their teams, they are far more likely to learn about a problem before something terrible happens. For an external threat, we turn our gaze toward more traditional crime prevention thinking such as the appearance of your building, the effectiveness of access control systems, and the reasons someone might target your organization. If your campus looks clean and well-kept, you’re less likely to be chosen as a bad guy because it appears that someone is paying attention to such things. A highly visible and competent security presence also serves as a major deterrent. If your access control systems keep the wrong people out and let the right people in, you’re a step ahead. Lastly, why would someone target you? Are you controversial? Do you receive threatening correspondence? Have others in your 28
www.HRProfessionalsMagazine.com
industry been targeted? Getting your brand out there is essential for growing your business, but when your brand gets on the radar of criminals and activists, it can be a bad thing. Early Warning Systems are the single most important aspect on this very short list of considerations. We alluded to this in the earlier paragraphs because it’s all about learning about a potential problem as early as possible. Let’s say Jennifer has an abusive estranged husband. She is a good employee who has been with your organization for years. Madison, Jennifer’s coworker, hears her on the phone one morning in an argument with her husband. She hangs up, crying, and confesses to Madison that her husband is insisting she meet him for lunch or she and “everybody else” will regret it. If that conversation is happening right now at your workplace, will you even know about it? Will Jennifer come to talk to her boss? Will she speak with you? If she won’t, will Madison? It sure would be better to know about a potential threat before the estranged husband shows up at the door with a gun. The keys to making sure the Jennifer’s and Madison’s of the workforce speak out are a culture of trust and support, training in the warning signs of violence, and policy and practice that rewards coming forward. Multiple Ingress/Egress Options refer to surviving an active threat scenario, which would only be necessary if we have failed to apply the first two principles. That’s why we saved it for last. If you are in a building where an attack occurs, your priority is to evacuate. Get out. Move away from the danger. If you hear screams and gunfire to the right, go left. If you hear screams and gunfire to the left, go right. Just get out of the building and don’t stop until you have placed another building in between you and the likely location of the bad guy. That only works if there are two possible avenues of escape. For those dead-end areas with a one-way in/one-way out situation, you’ve got a real problem. Imagine a bad guy headed down the same hallway you must use to leave the area. In those situations, we recommend creating a secure room or room. By that, we are referring to a room with no glass and a locking door. That doesn’t mean it is impossible to break into or that a shooter can’t put rounds through the walls and
door. What it does mean is that it takes much longer than you might think to breach a locked commercial door set in a metal frame. The bad guy doesn’t have much time. The cops are coming, and he knows he only has a few minutes before they arrive. We also know that when bad guys shoot through things, they almost always shoot high. So, the lesson is to get in a room with no glass, lock the door, and don’t get in front of it, then stay low and wait until help arrives. Partnership with a Threat Management Expert provides you with three things you really need. You need the ability to determine whether someone is “blowing off steam” or plotting a mass shooting. You need the ability to de-escalate a threat and manage it out of existence. You need someone to limit your liability exposure that can withstand cross-examination by an attorney in a five-thousand-dollar suit. There aren’t many such people in the entire nation, but please keep us in mind as you seek one out.
Here’s the TL; DR self-test: 1. Do we have a culture of trust where people speak candidly if they are concerned? 2. Do we have a brand or industry that is free of targeting by radical groups? 3. Does our access control system effectively keep the wrong people out? 4. Do we have a highly visible, competent, security presence? 5. Do we train all employees on the warning signs of violence? 6. Do all work areas provide multiple points of ingress/egress or have secure rooms? 7. Do we have a trusted Threat Management Expert to help us navigate violent threats? The more times you said “No” in response to these questions, the more vulnerable you are. By the way, number five is the most important one of all.
If you’re not happy with your level of vulnerability, we would love to help you reduce it. Our entire reason for existing is to keep you safe, so never hesitate to reach out. Call 1-844-SAFEGROUP or visit SafeHavenSecurityGroup.com today for vulnerability assessments, training, and consulting that keeps people safe. And remember, initial consultations are free.
G R O U P
L L C
43%
of deaths of females in the workplace were fatal assaults by a relative or domestic partner.
Be The Hero. Train Your People. Active Shooter Training
Workplace Violence
Verbal De-escalation
Safe Terminations
Visit our website or call to schedule your training today. www.SafeHavenSecurityGroup.com 1 (844) 723-3476
HIGHLIGHTS
Conference Schedule Begin 8:00 am 8:30 am 8:40 am
Activity Red Carpet Registration, Networking, and Visit Exhibitors Welcome Follow the Script: Personnel Files and HR Documentation – Legal guidance on 1 what should and shouldn’t be in personnel files and best practices for 2 documenting employee issues and situations.
9:40 am 9:55 am
Break and Visit Exhibitors Premiering: AI in the Workplace – Explore key legal challenges employers may encounter when deploying Artificial Intelligence (AI) in the workplace and the proactive steps employers should consider when implementing or utilizing AI.
Speaker John Carbonell Rob Binkley & JV Thompson
3
Geoffrey Lindley
10:55 am 11:10 am
Break and Visit Exhibitors Roll Camera for a Legal Update – Learn about significant5developments in John Burleson & 6 4 employment law since our update last year, including the latest on NLRA’s Matthew Courtner position on non-compete agreements, the FLSA’s salary level, pregnancy accommodations and pumping requirements, and more. 12:15 pm Lunch Lunch Sponsor: 1:15 pm Generational Remix and Remake - Managing a multi-generational workforce Dr. Julie Powell can present unique challenges and opportunities. Learn about the five generations in today’s workplaces and the impact of each generation’s 7 8 9 workplace expectations andwelcomed contributions. onKizer generational differences 1 Dr. John Carbonell, Past President of WTSHRM, attendees.Focus 2 Rainey attorneys (L-R) Matthew Courtner, John Burleson, Nakota Wood, Robert Binkley 3 Jennifer Howell with WTSHRM 4 Rob Binkley and J V Thompson presented “Follow the Script: Personnel Files and in communication and learning styles, work experience, expectations, and HR Documentation “– Legal guidance on what should and shouldn’t be in personnel files and best practices for documenting employee issues group dynamics.
and situations. 5 Geoffrey Lindley’s topic was “Premiering: AI in the Workplace “– Explore key legal challenges employers may encounter when deploying Intelligence (AI) in the workplace and the proactive steps employers should consider when implementing or utilizing AI. 2:45 pm Artificial Break and Snack 6 John Burleson and Matthew Courtner discussed “Roll Camera for a Legal Update” – Learn about significant developments in employment 3:00 pm Award-Winning Case Studies – An interactive discussion of recent Geoffrey Lindley & law since our update last year, including the latest on NLRA’s position on non-compete agreements, the FLSA’s salary level, pregnancy accomlaw cases application relevant concepts Remix and HR modations andemployment pumping requirements, and and more.the 7 Dr. Julie Powellof presented “Generational and Remake” - Matthew Managing a Courtner multi-generational workforce can present unique challenges and opportunities. Learn about the five generations in today’s workplaces and the impact of strategies. each generation’s workplace expectations and contributions. Focus on generational differences in communication and learning styles, work 4:30 pm expectations, Prize Drawings and Closing8 Facebook Live interview with Cynthia Thompson and J V Thompson 9 WTSHRM Registration experience, and group dynamics. 30
www.HRProfessionalsMagazine.com
Exhibitors
T H E ST R E N GT H O F E X P E R I E NC E 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 at 731.423.2414. TENNESSEE MEMPHIS • MARTIN • JACKSON • NASHVILLE • CHATTANOOGA
Tennessee and Kentucky do not certify specialists in the area of employment law. Attorney Advertisement
KE N TU CKY FULTON r a i n e y k i z e r. c o m www.HRProfessionalsMagazine.com
31
Three common tools to help analyze all that data By TODD A. MCFALL and MEGAN REGAN
T
he computing revolution is at the stage at which firms have a wealth of data to analyze, and probably many questions about how to do so. It is understandable that many HR departments might be wondering how
to use the information treasures they have collected to improve the organization it serves. Folks in HR departments are certainly generating ideas about what could be analyzed, but knowing how to execute analyses is critical. This article is meant to offer an overview of three statistical tools that HR departments could use to answer questions about how well an organization is doing in terms of meeting its goals and to help set a course for further improvement. Like a jackhammer, these tools are great for
This tool is problematic because it only allows for one variable to be correlated with another. In the meantime, employee characteristics that do heavy lifting are being ignored. So, leaning on correlations alone is potentially problematic for an HR department. TOOL 2: Regression Analysis. Think of trying to understand an outcome—like employee compensation—as a puzzle, with the pieces being the characteristics of workers that HR observes. It’s easy to imagine an HR department having data on employees’ education levels, amounts of experience (both in and out of the current organization), personnel ratings, department, gender, and maybe the number of employees who report directly to them. A good regression analysis allows for these characteristics to act as pieces that help depict the observation of compensation. Probably not everything about each employee’s compensation will be explained, but the regression results should be able to provide an organization with an idea of whether its employee compensation goals are being met or not.
certain projects. Misuse, however, can be dangerous. TOOL 1: Correlations. This tool allows for a simple way to discern if the relationship between one employee characteristic and another is meeting expectations. The value of a correlation runs from -1, for perfectly inverse relationships, to one for perfectly positive relationships. A correlation value of zero means there is no relationship between the two variables. An example of when one might want to use this tool is to determine the extent to which employee compensation levels and the amount of experience employees have with the organization are correlated. In a big sense, we would expect the correlation between these observations to be more than zero and, potentially, closer to one. Bigger levels of compensation generally follow experience, after all.
32
www.HRProfessionalsMagazine.com
Regression analysis is a great workhorse in the statistical world. It is easy to justify using this tool to analyze nearly any question one might ponder. If firms are worried about what might drive workers’ length of tenure at a firm, regression analysis can help with that. If an organization wants to know more about its hiring or promotion decisions, regression analysis can shed some light on that puzzle. In short, many modern data-collecting practices should be created with an eye on using regression analysis to eventually consider issues the organization will inevitably face. TOOL 3: Random-Control Trial. In many instances, the RCT is the gold standard of analysis, but using it is difficult and must be done carefully. To understand what this tool could do, imagine you
want to try to measure how much a new policy affects the behavior of employees. If the policy is put in place to affect EVERYONE at the same time, then it follows that a comparison of what employees were doing before and after the policy was implemented. This difference, however, cannot be entirely trusted since other things might also be changing that might impact employee behavior. To get a purer sense of the impact, an RCT would have some employees experience the new policy, while others don’t. In this set-up, everyone is experiencing all the other changes that might impact their behavior, but one group is experiencing the treatment policy while others aren’t. This difference in before-and-after behavior is a more accurate portrayal of how employees react to the policy change. These three tools, like any other tool, have limitations. Correlations are easy to use, but the results might be misleading. Regressions are terrific for understanding correlations and not-so- great with understanding cause-and-effect. Finally, RCT’s offer pure interpretations of a policy but are expensive to create. Being very intentional about understanding what you’re attempting to measure will help you decide which tool might be of best use for you.
A Winston Salem NC-Based Firm Offering Economic, Data Management, and Litigation Consulting Services
Todd A. McFall, Ph.D.
Piedmont Economic Consulting, LLC. And Wake Forest University at Winston-Salem, NC
Megan Regan, Ph.D.
Piedmont Economic Consulting, LLC And Wake Forest University at Winston-Salem, NC
www.HRProfessionalsMagazine.com
33
The Power of Storytelling at Work By HARVEY DEUTSCHENDORF
S
ince civilization began, storytelling has been one of the most effective ways of passing down information, making connections, entertainment and conveying messages and passing down cultural traditions. The power of storytelling has never diminished and is now as important in our workplaces and lives as ever. There is little that can match good storytelling for strongly connecting us to one another, influencing us to make decisions and make us believe in the products that we depend on in our everyday lives. Sharing stories strengthens and bonds us to each other, our workplaces, our relationships, communities and the world around us. All great speakers have discovered that telling stories has a much greater influence on their audience than simply spewing out data.
their families for the holidays. He showed slides of people trying to get into a crowded train through windows. Another one of our members from Bangladesh talked of how he loved travelling by rickshaw. I still remember these stories years later.
The reason that good stories have such a strong influence on us is that they directly impact our emotions. When hearing a speaker telling a story, more of our brain is engaged than when they are simply giving us data. We are emotional beings, even when we believe that we are being rational. While we may believe that we make decisions using our rational brain, we actually make them based on our emotions. Research has shown that we already made an emotional decision, even if we are unaware of it, by the time our rational mind thinks of the reasons we are making it.
Stories are personal and through them we weave our hopes, dreams, fears, aspirations and desires. Those who share parts of themselves through their stories connect on a deep emotional level to others who share the same feelings. That is why we remember stories long after we have forgotten everything else about a particular event or person. Stories bring up feelings and memories for us. They can motivate and stir us to take action. When someone is telling us a story, we automatically go there with them, trying to put ourselves in their place, imagining what it is like for them. We can feel their fear, sadness, disappointment as well as share their joy and happiness. It increases our level of empathy.
Karen Eber, author of The Perfect Story: How to Tell Stories that Inform, Influence, and Inspire, says “Data doesn’t change our behavior, our emotions do. Storytelling dynamically engages emotions and increases trust in the storyteller. As you listen to stories, you gain empathy for the storyteller, particularly when sensing their vulnerability. As empathy increases, so does trust, creating more of the bonding neurochemical oxytocin to be released in your brain. Oxytocin indicates to our brain who is safe to know and be around, and who should be avoided.”
As humans we are hardwired for connection. There is fear that with rapid AI and technological advancement, we will lose even more connection with each other. It is crucial, in this time of rapid change, that we use proven methods that can strengthen and enhance our emotional ties to one another. The time proven practice of storytelling is one of the best ways that we can do this.
Messages that we receive from stories are more meaningful and have more impact than if we receive them from other sources. We remember stories because we can relate to them, the situation, place or characters in them. Organizations and leaders can use stories to create a bond, motivate, create a feeling of belonging and sense of community for the employees of that organization. In my new book, Emotional Intelligence Game Changers: 101 Simple Ways to Win at Work + Life, www.theotherkindofsmart.com there are tips on how to become a great storyteller.
Harvey Deutschendorf is an emotional intelligence
Stories can help us build bridges and connections between different cultures. When I was with a Toastmasters Club years ago, the members were a very diverse group from different cultures. One of our members, from China, told us a story of how many people who worked in big cities, but lived elsewhere, had to scramble to find transportation during a time when everyone was trying to get home to 34
www.HRProfessionalsMagazine.com
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.
Did you know that the number of employers investing in upskilling or reskilling employees increased from 45% in 2019 to 79% in 2023?* Employers who provide professional development opportunities for their employees can see an increase in employee job satisfaction and retain their top talent. Join us at the SHRM Talent Conference & Expo 2024 (Talent 2024), April 14-17 in Las Vegas or virtually, to ensure your success in today’s job market.
Last chance to attend at a discounted rate.
Register today before rates increase on Dec. 16! shrm.org/talent24-dec
Las Vegas & Virtual • April 14-17
*SHRM 2023 Employee Benefits Survey.
Pictorial
Highlights Photo Credit: Zoeica Images
36
www.HRProfessionalsMagazine.com
www.HRProfessionalsMagazine.com
37
1
2
HIGHLIGHTS 3
5
6
7
8
9
Photo Credit Rhonda Consenting
4
1 Brad Federman, President-Elect of SHRM-Memphis, was the emcee. 2 Dr. Kathy Tuberville presented the HR Student of the Year Award to Sophia Comrie (Rhodes College.) 3 2023 SHRM-Memphis Board of Directors 4 Tiyana Childres-Pointer presented Brittanee Bachelor the HR Emerging Leader Award. 5 Malinda Tyson presented the HR Labor & Employment Law Attorney of the Year Award to Lisa Kupricka with Burch, Porter & Johnson 6 David Estel, Treasurer, presented Ericka Young the HR Professional of the Year Award. David was also a recipient of the Human Resource Management Excellence Award at the 2023 TNSHRM Conference in Chattanooga. 7 Conner Foley, Shape Chair, presented the HR Professional of the Year Award to Demone Payne. 8 Tom Plath, HR SVP with International Paper, presented the George Mabon Executive of the Year Award to Maria Alam, CHRO at the University of Memphis. 9 Dr. Deneen Lester presented Dr. Kathy Tuberville, Associate Professor in the University of Memphis Management Department and Chair of the 2024 TNSHRM Conference, the Lifetime Achievement Award.
38
www.HRProfessionalsMagazine.com
10
11
12
13
14
15
16
17
10 David Dufour, 2023 President of SHRM-Memphis, presented the HR Innovation Award to the Memphis Grizzlies, Shelley Kemp, HR Business Manager, Bus. Operations, accepted the award. Shelley was a recipient of the Human Resource Management Excellence Award at the 2023 TNSHRM Conference in Chattanooga. 11 David Dufour presented the Most Admired Organization Award to Cintas. 12 Brad Federman presented the HR Team Excellence Award to the City of Memphis Organizational Development Department. 13 Brad Federman (L) SHRM-Memphis President-Elect with David Dufour, (R) 2023 President of SHRM-Memphis 14 (L-R) Daphne Large, CEO of Data Facts, nominee for the George Mabon Executive of the Year Award, Dr. Kathy Tuberville, recipient of the Lifetime Achievement Award, and Cynthia Thompson, Past President and recipient of the 2017 Lifetime Achievement Award. 15 Some of the SHRM-Memphis past presidents with David Dufour 2023 President and Brad Federman 2023 President-Elect. 16 Members of the University of Memphis Management and HR Departments with Dr. Deneen Lester, Dr. Kathy Tuberville, recipient of the Lifetime Achievement Award; and Maria Alam, recipient of the George Mabon Executive of the Year Award. 17 Maria Alam, recipient of the George Mabon Executive of the Year Award, with the George Mabon Family www.HRProfessionalsMagazine.com
39
Pictorial Highlights from
Photo Credit: SHRM.org
40
www.HRProfessionalsMagazine.com
www.HRProfessionalsMagazine.com
41
Washington, DC November 16-18
Pictorial Highlights
42
www.HRProfessionalsMagazine.com
Photo Credit: SHRM.org
www.HRProfessionalsMagazine.com
43
MASTERING A CAREER IN HUMAN RESOURCES WGU’s Master of Science in Human Resource Management There’s never been a more critical time for inclusive and strategic HR practices to support business success and employee experience. That’s why WGU is excited to announce its Master of Science in Human Resource Management (MSHRM) is designed to align with SHRM and HRCI curriculum standards and guidelines.
Enrolling now. Scan for more information about the MSHRM and apply today.
Learn more.
wgu.edu/mshrm 866.225.5948
Rebecca O.
B.S. Human Resource Management, 2022