May 2022 HR Professionals Magazine by Cynthia Thompson

Volume 12 : Issue 5

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Are Your Leaders

CREATIVE or REACTIVE?

DOL & Mental Health Parity

5th Installment from Johnny C. Taylor, Jr.’s New Book,

Reset

Shonda Kines,

SHRM-CP, PHR, CCP, CBP, FLMI

SHRM Spring Conferences

Director of Mississippi SHRM State Council

EEOC

Non-Binary

Gender Markers

Keeping up with changing laws is a full-time job, and you’ve already got one. EMPLOYERS AND LAWYERS, WORKING TOGETHER Ogletree Deakins is one of the largest labor and employment law firms representing management in all types of employment-related legal matters. The firm has more than 900 lawyers located in 53 offices across the United States and in Europe, Canada, and Mexico.

www.ogletree.com BIRMINGHAM OFFICE

MEMPHIS OFFICE

420 20th Street North Suite 1900 Birmingham, AL 35203 205.328.1900

International Place, Tower II 6410 Poplar Avenue Suite 300 Memphis, TN 38119 901.767.6160

You’re invited to attend the

12th Annual

HR Presented by: WEST TENNESSEE SOCIETY FOR HUMAN RESOURCE MANAGEMENT In coordination with: LAW FIRM OF RAINEY, KIZER, REVIERE & BELL, P.L.C.

May 24, 2022

Join us for an informative day where we will dive deep into critical issues facing human resources, including:

Tuesday

Deep-Sea Gear: Employee Discipline – This session will equip you to effectively and legally handle employee discipline situations including counseling strategies, giving warnings, compiling documentation, and handling terminations.

Union University

Beyond the Reef: Conducting Internal Investigations – Learn how to manage investigations into employee incidents in the workplace.

8:30 a.m. to 4:00 p.m. Registration opens at 8:00 a.m.

Carl Grant Event Center 1050 Union University Dr. Jackson, TN 38305

Watching for Fins: Legal Update – Explore recent changes in employment law and regulations at both the Federal and State levels. Exploring Shipwrecks: Employment Case Studies – An interactive discussion of recent employment law cases and the application of relevant concepts and HR strategies. Buried HR Treasure – An interactive session that will test your knowledge of key legal standards and principles on a wide spectrum of HR issues.

Lunch is provided. Explore our impressive showcase of HR-related exhibitors. Great door prizes. Registration Fee:

$100 for WTSHRM Members $125 for non-WTSHRM Members Join WTSHRM for only $25 at: wtshrm.org/join

wtshrm.org

The registration deadline is Wednesday, May 18, 2022. Register early as seating is limited. You may pay by check or credit card. This program has been approved for 6 recertification credit hours through HRCI and SHRM.

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Join our monthly webinars to earn SHRM and HRCI recertification credits.

Bringing Human Resources & Management Expertise to You

14%

Only of employees say their performance is measured in a way that motivates them. www.HRProfessionalsMagazine.com

Features 5 note from the editor

Editor Cynthia Y. Thompson, MBA, SHRM-SCP, SPHR Publisher

The Thompson HR Firm, LLC Art Direction

Park Avenue Design

Contributing Writers Victor Aluise Denise Cabrera

10 5th Installment of RESET by Johnny C. Taylor, Jr. 39 George W. Bush to Speak at 2022 SHRM Annual Conference in New Orleans

Talent Management and Recruiting

Alissa DeWitt

12 Transforming HR Compliance

Amy Dufrane

14 Nobody Does it Better

Brad Federman LeeAnn Bailes Foster Tammy Henry Taylor Flake Lawson Mary C. Moffatt Johnny C. Taylor, Jr.

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. ©2022 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.

6 Profile: Shonda Kines, Director of Mississippi SHRM

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18 HR’s Guide for Screening Your Background Screening Vendor’s Technology Stack 24 Are your Leaders Creative or Reactive? 26 Coaching: The New Leadership Model 30 Fostering Ownership through Communicating with Purpose 32 10 Ideas to Beat Spring Fever @ Work

Employee Benefits 22 Employers Continue to Look for Unique Solutions to Rising Rx Costs 23 Transform Your Employee Benefits to a Competitive Advantage

Employment Law 16 DOL & Mental Health Parity 34 EEOC Non-Binary Gender Marker X

Top Educational Programs for HR Professionals 8 SHRM PMQ People Manager Training 15 Save 20% on HRCI Courses in 2022 17 Athens State University Online HR Management Degrees 19 SHRM Annual Conference in New Orleans June 12-14 25 Executive Impact – the Coach Approach to Leadership 27 HR Master’s Degree Online at The University of Illinois 38 University of Memphis Top Educational Programs for HR Professionals 42 SHRM Gold Standard for Professionals Development 44 WGU – Online. Nonprofit. Surprisingly Affordable.

Industry News 3 WT SHRM 12th Annual HR & Employment Law Spring Conference in Jackson 7 25th Annual Mississippi Human Resource Conference & Expo in Biloxi 9 2022 Alabama SHRM State Conference & Expo in Birmingham 19 SHRM Annual Conference & Expo in New Orleans & Virtual June 12-15 20 2022 TN SHRM Conference & Expo in Sevierville September 14-16 21 Access SHRM22 from Anywhere 28 Highlights from the SHRM Talent Conference in Denver April 10-12 36 Highlights from SHRM-Memphis Legal Conference April 19 40 Highlights from the SHRM Workplace Policy Conference in Washington, D.C. March 27-29 June Issue features Updates on New Employment Legislation and Employee Benefits plus Highlights from the 2022 SHRM Annual Conference Deadline to reserve space May 15

a note from the editor Looks like Spring is finally here – at last! The SHRM Spring conferences are in full swing, and most are in person. The mask mandates due to COVID have been lifted. Great to see people traveling again. We kicked off the season with the SHRM Workplace Policy Conference in Washington, D.C. in March at the historical Washington Hilton. We were fortunate to see the cherry blossoms in full bloom around the U.S. Capitol this year. A special treat was dinner at The Monocle Restaurant across from the Capitol with dear friends. It was great seeing Republican and Democrat legislators dining together while partisan warfare was raging a few feet away! The historical photos that line the walls of the beautiful dining area were such a treat! Check out the highlights of the SHRM Workplace Policy Conference on Pages 40-41. In addition, we have highlights from the SHRM Talent Conference in Denver.

and her team have planned a great conference in Biloxi. We will bring you the highlights in our June issue. We are looking forward to seeing our MSSHRM friends again!

We are excited to have Shonda Kines, SHRM-CP, PHR, CCP, CBP, FLMI, Director of the Mississippi SHRM State Council on our May cover. She began her volunteer service to SHRM in 2011 when she was elected to serve on the Board of Directors of the Capital Area Human Resource Association in Jackson, MS. Shonda is also Director, Human Resources for the Southern Farm Bureau Life Insurance Company in Jackson. Shonda was honored in 2016 with the Mississippi HR Professional of the Year Award. Read all about her professional journey in the HR community on Page 6. Shonda

Watch your email for our May webinars to help you earn lots of SHRM and HRCI recertification credits! Save the date - May 24 for my next webinar sponsored by Data Facts!

We have some excellent articles in this issue covering all the hot topics in our profession. Hat’s off to our sponsors like ADP who contributed an article on the latest in HR compliance. Mary Moffatt with Wimberly Lawson provided an article on the latest from the DOL on mental health parity and group health plan compliance. McGriff’s article takes a look at the rising Rx costs. We have an awesome article on coaching and the new leadership model from WGU and how to foster ownership through communicating with purpose by PerformancePoint. Don’t miss the Team Foster article on 10 ideas to beat spring fever at work!

cynthia@hrprosmagazine.com @cythomps on Twitter

Congratulations, Shonda! Your Southern Farm Bureau Life Insurance Friends applaud your service to Mississippi SHRM and your leadership of the 25th Annual Mississippi Human Resource Conference & Expo in Biloxi!

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on the cover

Shonda

M. KINES

Shonda M. Kines, MBA, SHRM-CP, PHR, CCP, CBP, FLMI Director, Human Resources Southern Farm Bureau Life Insurance Company Shonda Kines joined the local SHRM chapter, Capital Area Human Resource Association (CAHRA) in 2001, which represents the central counties of Mississippi. Her volunteer career began as the College Relations Chair for the Chapter in 2010. Shonda has a Bachelor of Business Administration from Mississippi State University and a Master of Business Administration from Mississippi College. Her professional certifications include the SHRM-CP from SHRM, Professional in Human Resources (PHR) certification from HRCI, the Certified Compensation Professional (CCP) and Certified Benefits Professional (CBP) from WorldatWork. She also has the Fellow Life Management Institute (FLMI) designation through the Life Office Management Association. She was elected to serve on the Board of Directors of CAHRA in 2011. She served six years on the board in the roles of Treasurer, Secretary, Vice President, and President-Elect, President and Past-President. In 2015, she assumed the role as the Chapter President. Under her leadership, the chapter membership grew to over 200 members. She is also proud of the initiatives focused on the engagement of emerging HR leaders and payroll professionals. In 2016, she began serving as Secretary-Treasurer on the Mississippi State Council of SHRM. She was elected to the role of Director-Elect in 2019 and is currently serving as the Director. Shonda feels having the opportunity for the State Council to host an in-person conference is very exciting, and the one word theme, ReConnect -which means to bring together, best represents the feelings of the Mississippi HR community after two-years apart. Shonda was honored with the 2016 Mississippi HR Professional of the Year Award by the Mississippi State Council and the 2010 Outstanding Professional of the Year by the Mississippi Association of Colleges and Employers (MACE). In her current role as Director, Human Resources at Southern Farm Bureau Life Insurance Company, she leads all areas of HR, including recruitment, benefits administration, payroll administration, compensation, corporate communications and engagement, training and development and HR technology. She is also responsible for internal service areas, which includes corporate security and safety, purchasing, administrative services, and mail and warehouse distribution. She is very thankful for the talented team she gets to work with every day. Shonda would like to encourage more HR professionals to get involved and volunteer with their local chapters. She is grateful to have had the opportunity to serve in each volunteer role and her service has been instrumental to her growth as a leader. The most rewarding benefit of her volunteer service has been the relationships she has built over the years with HR volunteers and professionals around the state.

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RECONNECT RECONNECT

Mississippi Human Human Resources Resources Mississippi

Conference & & Expo Expo Conference May22--4, 4,2022 2022 May IPCasino, Casino,Resort Resortand andSpa Spa IP BILOXI,MISSISSIPPI MISSISSIPPI BILOXI,

CONFERENCE SESSIONS SESSIONS AT AT A A GLANCE GLANCE CONFERENCE PRE-CONFERENCEWORKSHOP WORKSHOP PRE-CONFERENCE Dareto toLead: Lead:Effective EffectiveLeadership LeadershipStrategies Strategiesto toOptimize OptimizeEmployee EmployeePerformance Performance Dare Presentedby byShelia SheliaFarr, Farr,M.A., M.A.,M.Ed., M.Ed.,RYT, RYT,SHRM-SCP SHRM-SCP Presented GulfCoast CoastTraining Trainingand andEducation EducationServices, Services,LLC LLC Gulf

KEYNOTEPRESENTATIONS PRESENTATIONS KEYNOTE Simplifythe theShift: Shift:Harnessing HarnessingSuccess SuccessDuring DuringTimes Timesof ofChange Change Simplify Dr. Sam Jones, Organizational Development Specialist Dr. Sam Jones, Organizational Development Specialist BlueHen HenAgency Agency Blue NeverWrestle Wrestlewith withPigs Pigs Never Directorof ofOrganizational OrganizationalHealth Health Dr.Lavon LavonGray, Gray,Senior SeniorDirector Dr. BlueHen HenAgency Agency Blue

BREAKOUTSESSION SESSIONTOPICS TOPICS BREAKOUT ConflictResolution Resolutionin inthe theWorkplace Workplace Conflict Diversityand andInclusion Inclusion Diversity EmploymentLaw Lawand andCompliance Compliance Employment OrganizationalDevelopment Development Organizational EffectiveRecruiting RecruitingStrategies Strategies Effective MentalHealth HealthPriorities Prioritiesin inthe theWorkplace Workplace Mental LeadershipDevelopment Development Leadership ANDMORE! MORE! AND

Forsession sessiondescriptions descriptionsand andspeaker speaker For bios,please pleaseregister registerat: at: bios, https://bit.ly/MSSHRMReconnect2022 https://bit.ly/MSSHRMReconnect2022

Monday, May 2 Monday, May 2 2:00pm-6:00pm CT Registration Open 2:00pm-6:00pm CT Registration Open 6:00pm-7:00pm CT Welcome Social 6:00pm-7:00pm CT Welcome Social Tuesday, May 3 Tuesday, May 3 6:30am-5:00pm CT Registration Open 6:30am-5:00pm CT Registration Open 7:00am-8:00am CT Breakfast 7:00am-8:00am CT Breakfast 8:00am-9:00am CT Opening Keynote 8:00am-9:00am CT Opening Keynote 9:30am-11:45am CT Concurrent Sessions 9:30am-11:45am CT Concurrent Sessions 11:45am-12:45pm CT Lunch & Fireside Chats 11:45am-12:45pm CT Lunch & Fireside Chats 1:15pm-3:30pm CT Concurrent Sessions 1:15pm-3:30pm CT Concurrent Sessions 4:00pm-5:00pm CT Afternoon Keynote 4:00pm-5:00pm CT Afternoon Keynote 5:00pm-6:00pm CT Networking Reception 5:00pm-6:00pm CT Networking Reception After Hours After Hours

Vendor Events Vendor Events

Wednesday, May 4 Wednesday, May 4 6:30am-5:00pm CT Registration Open 6:30am-5:00pm CT Registration Open 6:30am-7:30am CT Morning Active Session 6:30am-7:30am CT Morning Active Session 7:30am-8:00am CT Breakfast 7:30am-8:00am CT Breakfast 8:00am-10:15am CT Concurrent Sessions 8:00am-10:15am CT Concurrent Sessions 10:45am-12:00pm CT Closing Keynote & Giveaways 10:45am-12:00pm CT Closing Keynote & Giveaways Conference Session Tracks Conference Session Tracks Legislative/Legal Update Legislative/Legal Update Total Rewards Total Rewards Communication Communication Leadership & Strategy Leadership & Strategy Diversity, Equity, and Inclusion Diversity, Equity, and Inclusion Fireside Chat Fireside Chat Talent Acquisition & Retention Talent Acquisition & Retention

Alabama SHRM Conference & Exposition | conference.alshrm.org Alabama SHRM Conference & Exposition | conference.alshrm.org

Crisis presents an opportunity to completely reimagine your company culture, and that's more critical now than ever. CREATING A CULTURE THAT WORKS

DEFINING CULTURE AMID CRISIS

LEADERSHIP LESSONS

The culture provides the guidelines by which we accomplish things. What this means is that an organization has shared unspoken values, a series of clear norms for how people should behave, and a clear set of practices they follow for a variety of reasons. It’s the process to get work done.

Especially in a crisis, a CEO’s mission is to “make magic.” It’s taking a multitude of workers, data points, market forces, and the rapid shifts in work, mixing them in the corporate hat, and then pulling out success.

Culture is a double-edged sword. If healthy, it generates all sorts of creativity and innovation while unlocking more revenue.

CULTURE IS GETTING SH*T DONE Let’s agree on a definition of culture. And I know there are tons of definitions because there are so many different kinds of companies, missions, and visions. But to me it’s very simple: Culture is how sh*t gets done. Honestly, that’s the best way to describe it. Let’s not stand on fancy phrasing in a PowerPoint. Let’s just tell it like it is. Be clear about the kind of people you need to achieve the “get it done” part of everything you do. Drilling down, what it means is that an organization has shared unspoken values, a series of clear norms for how people should behave, and a clear set of practices they follow for a variety of reasons. It’s the process to get work done. The culture provides the guidelines by which we accomplish things. So there is how sh*t gets done and then there is the way sh*t happens. As we pushed forward from the pandemic, we learned how important establishing the right guiding principles are when a crisis hits, because that moment is going to hold up a mirror to your company’s soul: its people, its purpose, its culture. The reflection is on you. Ultimately, winning or losing is going to be tied to the people who get sh*t done—your culture. It’s important that this is established as part of the recruitment and talent acquisition process, because culture only works if you bring in people who are aligned with it.

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That’s why having the right team to assist the right person at the top— organizational leadership distilled to its essential elements—is pure alchemy. That alchemy is the formula for your culture.

If toxic, it almost assuredly generates waste in talent costs, to the tune of $52 billion across the global economy every year. Aside from the risk-reward nature of your organization’s culture, any leader appreciates one undeniable fact: transformation almost always begins with a culture change.

The call to action for any CEO is this: be intentional about your culture, define it with purpose, and live it authentically, so we came up with an aspirational wish list of what we wanted our culture to be, but we had to be really clear about wanting to work toward it, a place we wanted to go.

Moreover, these culture changes are typically driven by a reset moment. I am asked by leaders all the time, “Do you transform via technology or people?”

So we did that and came up with cultural definitions that really represented our foundation:

As leaders, we cannot forget people’s astounding ability to sink any change. With that in mind, remember the key lesson of this chapter—no, not the clichés you consume all the time, like culture eats strategy for breakfast.

• Action-oriented • Smart and curious talent • Courage • Customer excellence • Integrity

My answer is almost always the same. Reset starts with the organization’s software, its people.

Remember this: Reset relies on reduced resistance. Here are some key questions you should consider making part of your reset repertoire:

If leaders don’t articulate the culture and, just as importantly, live those beliefs, it’ll be a wasted exercise that will end with employee retention problems. Good people will ultimately say, “I don’t want to work here.”

• What should I really do with dissenters, malcontents, and poor cultural fits in my organization?

There are no right or wrong cultures, but there is the right timing.

• Should I take into account employee perspectives when reimagining our corporate culture?

At SHRM, we needed to fundamentally change our road map so we could react to a rapidly changing nonprofit world. We had to figure out how to become essential in the twenty-first century.

• How do I balance conflicting cultural values?

• How do I prevent this from becoming another hollow, lip-service initiative? • How do I build a future talent strategy that prevents culture waste?

That required a 100 percent shift. And we couldn’t just say it with words; we needed a different culture with a tolerance for risk, an ethos for innovation. And we needed people who would support that culture: smart and curious people.

Adapted from Chapter 4 of Reset: A Leader’s Guide to Work in an Age of Upheaval (PublicAffairs), by Johnny C. Taylor, Jr., President and CEO of the Society for Human Resource Management (SHRM)

SHRM’s Johnny C. Taylor, Jr. Introduces His New Book RESET Available Now

CREATING A CULTURE THAT WORKS Culture is a double-edged sword. If healthy, it generates all sorts of creativity and innovation while unlocking more revenue. If toxic, it almost assuredly generates waste in talent costs, to the tune of $52 billion across the global economy every year. Aside from the risk-reward nature of your organization’s culture, any leader appreciates one undeniable fact: transformation almost always begins with a culture change. The culture provides the guidelines by which we accomplish things. What this means is that an organization has shared unspoken values, a series of clear norms for how people should behave, and a clear set of practices they follow for a variety of reasons. It’s the process to get work done. Reset starts with the organization’s software, its people. With that in mind, remember the key lesson of this chapter—reset relies on reduced resistance. • The call to action for any CEO is this: be intentional about your culture, define it with purpose, and live it authentically. • Culture defined how sh*t gets done. This means that an organization has shared unspoken values, a series of clear norms for how people should behave, and a clear set of practices they follow for a variety of reasons. • Culture also provides the guidelines by which we accomplish things. So there is how sh*t gets done and then there is the way sh*t happens. • The CEO’s mission is to “make magic”: It’s taking a multitude of workers, data points, market forces, and the rapid shifts in work, mixing them in the corporate hat, and then pulling out success. • Having the right team to assist the right person is paramount—organizational leadership distilled to its essential elements is pure alchemy. That alchemy is the formula for your culture.

Crisis presents an opportunity to completely re-imagine your company culture—and that's more than critical now than ever.

ABOUT THE AUTHOR Johnny C. Taylor, Jr., SHRM-SCP, is President and Chief Executive Officer of SHRM, the Society for Human Resource Management. With over 300,000 members in 165 countries, SHRM is the largest HR professional association in the world, impacting the lives of 115 million workers every day. As a global leader on the future of employment, culture and leadership, Mr. Taylor is a sought-after voice on all matters affecting work, workers and the workplace. He is frequently asked to testify before Congress on critical workforce issues and authors the weekly USA Today column, "Ask HR." Mr. Taylor's career spans over 20 years as a lawyer, human resources executive and CEO in both the not-for-profit and for-profit space. He has held senior and chief executive roles at IAC/Interactive Corp, Viacom's Paramount Pictures, Blockbuster Entertainment Group, the McGuireWoods law firm, and Compass Group USA. Most recently, Mr. Taylor was President and Chief Executive Officer of the Thurgood Marshall College Fund. He was appointed chairman of the President's Advisory Board on Historically Black Colleges and Universities and served as a member of the White House American Workforce Policy Advisory Board during the Trump Administration. He is a Trustee of the University of Miami, Governor of the American Red Cross, and member of the corporate boards of Guild Education and iCIMS. He is licensed to practice law in Florida, Illinois and Washington, D.C. ABOUT SHRM SHRM, the Society for Human Resource Management, creates better workplaces where employers and employees thrive together. As the voice of all things work, workers and the workplace, SHRM is the foremost expert, convener and thought leader on issues impacting today's evolving workplaces. With 300,000+ HR and business executive members in 165 countries, SHRM impacts the lives of more than 115 million workers and families globally. Learn more at SHRM.org and on Twitter @SHRM.

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Transforming HR Compliance:

Tapping into Strategic Opportunities

Don’t miss these best practices to elevate HR compliance from a cost center to a strategic asset. When HR teams are able to look beyond day-to-day operational activities and compliance responsibilities, they can focus more on identifying and capitalizing on opportunities to contribute to executive-level strategic business goals and to having a greater impact on employee wellness and engagement. The availability of smart technology solutions allows HR departments to take a deeper look at opportunities to claim tax credits and other incentives for which they may be eligible. Those solutions also offer tools to make payroll and employee pay delivery more flexible and attractive to employees.

Raising the bar for HR compliance Expecting more value from human resources in terms of business impact is nothing new, according to a Deloitte study. In 2016, more than half (51 percent) of companies said they were correlating business impact to HR programs, up from 38 percent in 2015. Identifying tax credit and incentives opportunities to offset costs related to hiring or to business innovation and growth is one way that HR can lean into adding more value to the organization. Another is innovating the company’s approach to pay.

Digging deeper into tax credit opportunities Companies claim tax credits when they file their income tax returns. Tax credit programs often require records that document fulfillment of the credit, so businesses need to plan for tax credit reporting requirements and calculations in advance and keep records to prove compliance. Often, companies are too over-burdened to even identify tax credit opportunities for which they may be eligible. In other cases, they fail to capture all the tax credits for which they may be eligible because they lack efficient and effective processes to do so. The Research and Development (R&D) tax credit is an example of an employer tax credit that potentially eligible companies fail to take advantage of due to the complexity of identifying qualifying activities and expenses. Companies that prioritize identifying and capitalizing on these kinds of tax credit and incentive opportunities can potentially offset their investments in growth and innovation. 12

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The Work Opportunity tax credit (WOTC) is a common example of an instance where companies typically experience sub-optimal results. WOTC allows eligible employers to secure a tax credit when they hire an employee from certain targeted groups who have historically faced significant barriers to employment. By failing to identify candidates that fall into eligible WOTC categories, employers often miss out on WOTC tax credits. Integrating WOTC data capture and qualification into the application process can help to generate a return on investment, while streamlining and improving the process, which can generate long-term benefits in terms of hiring and retaining top talent in a competitive marketplace.

Embracing the future of pay and investing in employee financial wellness When it comes to payroll and employee pay, it isn’t just how much employees are paid but how they are able to access those funds that matters. According to a 2019 ADP survey, more than 60% of employee respondents said if an employer offered more pay delivery flexibility (e.g., the ability to select pay frequency, same day pay, or early access), it would make a difference in whether they would accept a job offer. Consumer trends and demographic shifts are leading employees to expect convenient, flexible methods of pay tied to online and/ or mobile tools. Those tools can also contribute to their financial wellness by providing visibility to spending habits and guidance on planning and budgeting. These pay card/digital pay solutions can reduce cost and effort for employers while enhancing talent recruitment and employee retention—just another example where innovation and efficiency can go beyond cost savings to contribute to the strategic goals of the company.

Making the case for change To learn how HR process improvement can elevate your operations, download our Transforming HR Compliance guide. This interactive resource provides personalized insights into your organization›s potential savings based on your company size.

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Nobody Does It Better

By AMY DUFRANE

wasn’t that long ago that HR was struggling to be taken seriously by the C-suite. That’s changing, especially as every HR discipline, from talent acquisition to total rewards, has become a crucial component in attracting and retaining workers. Increasingly central to organizational success – and validated by throngs of costly consultants – we as HR professionals always knew the value of a vibrant HR function.

Fast-forward to today’s quest to fill open jobs and recruit new talent while seeking to reskill existing workers. Workforces are now dispersed, operating under work from home, work from the office or work from anywhere models. In some cases, technology has added as much complexity as it has eliminated, thanks to new offerings such as artificial intelligence and virtual reality. The quest to maximize the investment in human capital management isn’t new. Always assuming there is some deep dark secret formula thwarting their success, organizations have turned to big-brand consulting firms for advice. This help comes at a significant cost. Estimations put one week of a junior consultant’s time at nearly $70,000. This level of investment puts it well out of the range of companies outside the large enterprise segment. Additionally, it’s impossible to discover and solve “boil the ocean” problems in one week’s time, so this cost is the beginning of a potentially lengthy and terribly expensive journey. There are good reasons to hire an HR consultant. Experts in identifying the hidden variances between the current state of the workforce and top-level organizational goals, they usually possess the business credentials and latest industry knowledge to help inform decisions. When they are up to date on legislation changes, they can help reduce risk and even assist HR departments in the development of new rules and policies. When an organization’s culture is too entrenched in earlier ways of doing business, a consulting firm can help create new pathways. When it comes to HR technology, consultants might possess expertise that enables them to optimize the existing HR tech stack to garner performance improvements or automate manual processes. In other cases, they’re bringing the future of work into today’s workplace by shining a light on robotic process automation (RPA), low code development and cognitive automation. Whether the technology investment is intended strictly for HR’s use or to be democratized across the enterprise, hiring a team of consultants can be a necessary investment.

enterprise initiatives while mentoring and developing the next generation of leaders. Adept at fundamentals, they also have enough work experience to confer on different scenarios without the ramp-up time required by external consultants. Casting them as internal consultants communicates a culture of loyalty and engagement while valuing and retaining knowledge. Imagine the possibilities for HR. Taking a systematic approach to provide consulting services within the company – for example, to revamp talent strategies or, more tactically, rewriting job descriptions to better align with market conditions and candidate expectations – can become a source of revenue for HR. And, since HR is already deeply steeped in the company’s culture, it’s an excellent judge of stress tests i.e., how much change can the business accommodate and at what speed and degree of adoption. There are reasons to hire outside HR consultants. There are times when it has distinct advantages. But, given the accelerated speed of business, the future is bright for the role of HR to expand into an in-house consultant. When it comes to your company, nobody knows it better.

There are also times when engaging external consultants can help break logjams. Having a third party in place as a disruptor enables change to take place across the enterprise without potential blowback on specific teams or departments. When unpopular opinions need to prevail, having a trusted outside consulting firm at the ready can enable day-to-day operations to continue without interruption. By now, you’re thinking that I’m promoting external consulting firms. While they have their time and place, there’s something far more exciting underway: HR becoming consultants to their own companies and colleagues. After all, who knows the organization more profoundly? Employers are already adopting this emerging trend. Given how strategic talent is to organizational success, companies rely on their HR team as an in-house consulting firm. Since HR already knows the company better than anyone else and can be effective from day one, turning to HR for trusted counsel and services is far more efficient and cost-effective than outsourcing requirements. Empowering HR to own and solve issues impacting the business, the workforce and the future of work help attract and retain a new breed of HR professional, one who helps shape how teams and departments interact. There’s more possibility to explore under this new model. More senior HR workers – those with decades of work experience – might be looking to continue working, albeit under flexible conditions. These workers can remain in the workforce as sage advisors who know how to advance 14

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Amy Schabacker Dufrane, Ed.D., SPHR, CAE, is CEO of HRCI, the world’s premier credentialing and learning organization for the human resources profession. Before joining HRCI, she spent more than 25 years in HR leadership and teaching roles. She is a member of the Economic Club, serves on the Wall Street Journal CEO Council, is a member of the CEO Roundtable, and is on the board for the Columbia Lighthouse for the Blind. Amy holds a doctorate from The George Washington University, an MBA and MA from Marymount University, and a BS from Hood College.

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Mental Health Parity Matters By MARY C. MOFFATT

“Group health plan compliance.” Yes, I know … most readers likely consider such topics about as exciting as reading a mutual fund prospectus. But before you turn the page, ask yourself a couple of questions: (1) Does your company’s group health plan provide mental health/substance use disorder benefits? If so, are those benefits in parity with every classification in which medical/surgical benefits are provided? (2) In the event of a DOL audit regarding the plan’s compliance with the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA), will you be ready? Will you have the comparative analysis documentation ready?

the categories. Treatment for mental health may include coverage for therapy, inpatient and outpatient treatment, medication management for depression, bipolar disorder, and applied behavioral analysis for the treatment of autism spectrum disorder. Treatment for substance use disorder from alcohol, tobacco and drugs may include detox medications and other therapy, behavioral counseling, etc. There are two types of coverage requirements under the MHPAEA: (1) financial requirements and (2) quantitative treatment limitation requirements. Group health plans covered by the MHPAEA are required to ensure that the financial requirements and treatment limitations on MH/SUD benefits are no more restrictive than those that apply to medical/surgical benefits; these requirements are generally referred to as financial requirements and quantitative treatment limitation requirements (QTL). The MHPAEA requires that nonquantitative treatment limitations (NQTL) be no more restrictive for MH/SUD benefits than for medical/surgical benefits under the same plan, which includes such benefit terms as preauthorization and precertification requirements; medical necessity determinations; standards for provider admission to participate in a network; nutritional counseling limitations; exclusions and/or specific treatment for certain conditions; and standards for providing access to out-of-network providers.

Although the MHPAEA is over 10 years old, it has just recently received renewed attention for enforcement by the Departments of Labor, Health & Human Services, and Treasury (“the Departments”). This article will review the origins of these enforcement efforts and explore what steps plan providers, employers (in their role as plan sponsors), and issuers should take now in order to be ready for a potential plan review by the Departments.

The Department of Labor’s Employee Benefits Security Administration (DOL/EBSA) maintains a MHPAEA self-compliance tool on its website to help group health plans, sponsors, plan administrators, and group and individual market health issuers determine whether a particular group health plan or health insurance issuer is in compliance with MHPAEA, which is available at www.dol.gov/sites/dolgov/files/EBSA/laws-and-regulations/laws/ mental-health-parity/self-compliance-tool.pdf.

Background

Enforcement Update

The MHPAEA requires that group health plans and issuers maintain parity between medical and surgical benefits and mental health and substance use disorder (MH/SUD) benefits. If a plan does offer MH/ SUD coverage, it must do so in parity with (in other words, equivalent to) the coverage provided under the plan for physical/medical conditions. In application, this means that benefit terms such as co-pays, deductibles, the number of treatment events available, prior authorization requirements, maximum benefit limits, etc. must be the same for MH/SUD as the plan provides for medical or surgical services. For example, group health plans are not permitted to impose annual or lifetime financial limits on mental health benefits that are less than such limits imposed on medical or surgical benefits.

The Consolidated Appropriations Act of 2021 (CAA) amended the MHPAEA to require plans (including self-insured plans) to perform and document a comparative analysis of the NQTLs for medical surgical benefits in comparison to MH/SUD benefits in the plan. The law requires plans and issuers to make their NQTL comparative analyses available to the Secretary of Health and Human Services (HHS) or applicable state authorities upon request.

Most group health plans will be covered by the MHPAEA unless they have been “grandfathered” in, which means the plan was created before March 23, 2010, or falls into one of the other limited exceptions. If an employer is not sure about whether it’s group health plan is required to follow federal parity laws, the employer should ask the insurance carrier agent, or obtain legal guidance to determine coverage. Where applicable state law has stronger parity requirements than the MHPAEA, the plan must follow state law. The MHPAEA requires the comparison of group plan benefits to be based on six benefit classifications: (1) inpatient, in network; (2) inpatient, out-of-network; (3) outpatient, in network; (4) outpatient, out-of-network; (5) emergency care, and (6) prescription drugs. If a plan provides coverage for mental health/substance use disorder in any of the six categories, it must also provide such coverage in all of 16

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The comparative analysis must include specific and detailed information such as the specific plan terms; a description of all MH/SUD versus medical/surgical benefits in each respective benefits classification; the factors used to determine the MH/SUD benefits and medical or surgical benefits; the evidentiary standards used for the factors identified; and the specific findings and conclusions reached by the plan or issuer, including any results of the analyses which indicate that the plan is/is not in compliance with the MHPAEA. If the submitted report is insufficient, the Departments will ask for more information, and where the Departments find a problem with the plan, the plan sponsor or issuer will have 45 days to correct the issue. If the Departments are not satisfied that the problem has been corrected, the plan will be required to notify its plan participants that the plan violates the MHPAEA. The Departments have indicated that a general statement of compliance, coupled with a conclusory reference to broadly stated processes, strategies, evidentiary standards, or other factors is “insufficient to meet the statutory requirement” and plans and issuers should avoid responding

to a request for comparative analyses by producing a large volume of documents “without a clear explanation of how and why each document is relevant to the comparative analysis.” In a Joint Report submitted to Congress in March of 2022, the Departments reviewed the common pitfalls in plans such as failure to demonstrate compliance of NQTLs, failure to specify which benefits in covered classifications were affected by NQTLs, and submitting analyses that were simply nonresponsive to the Departments’ request. The Joint Task Force found that no plan was able to produce comparative analyses and satisfy the Departments by the initial deadlines. In their Joint Report, the Departments noted that mental health is a vital component of overall health and well-being. It also noted that COVID-19 pandemic has brought into focus the importance of attending to mental health and substance use disorder health, and that the pandemic “exacerbated existing barriers to and health disparities in accessing treatment.” The Departments noted that given the rapidly escalating challenges mental health and substance use disorder conditions have posed during COVID-19, “greater enforcement of MHPAEA is essential” to integrating treatment of these benefits with those available for physical health. The report states “this new enforcement authority is the cornerstone of the Departments’ heightened enforcement efforts … These efforts have already born results, and the Departments will continue to devote greater resources to enforcement so as to take full advantage of these new and existing tools that Congress has provided to the Departments ...”

ments were not compliant with MHPAEA in the classification of outpatient/in network services in that the participants seeking mental health/ substance use disorder benefits were being charged higher co-pays when compared to medical surgical benefits in the same classification. As a result, plan fiduciaries were required to re-adjudicate claims over a four-year period, which concluded that the benefits were not in parity compliance. This resulted in required reimbursements of overpaid cost-sharing payments to 1,945 affected participants in the total reimbursement amount of $82,065.

Conclusion It is clear the Departments have focused their attention on parity issues, as well as in raising awareness and additional mechanisms for enforcement of the MHPAEA requirements. Plan sponsors should prioritize compliance in plan terms, as well as in understanding the appropriate steps to conduct the comparative analysis required, and in actually preparing the analysis which will be best accomplished by working with insurance carriers, third-party administrators, and legal counsel to ensure compliance as well as addressing areas of noncompliance. Plan sponsors (i.e., employers) should contact their insurance carriers (or third-party administrators) and inquire as to what specific steps these agencies are taking to prepare for compliance with Section 203 of the CAA, and whether the plan is in full compliance with the MHPAEA.

Mary C. Moffatt, Member

The 2022 MHPAEA Report to Congress by the Departments also provided information regarding notable enforcement results. For example, the DOL/EBSA found a group health plan’s financial require-

Wimberly Lawson Wright Daves & Jones PLLC Knoxville, Tennessee office mmoffatt@wimberlylawson.com

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HR’s Guide for Screening Your Background Screening Vendor’s Technology Stack HR is a human-focused operation. However, an agile company should incorporate technology into every aspect of its business. This includes the HR department.

scenes during your background checks. In certain cases, an automated process can deliver cleaner data, faster than if it were pulled by humans.

Technology helps accomplish things quicker and more efficiently, allowing everyone involved to be more productive.

Action plan. Don’t assume your vendor is upgrading their tech stack as needed. Ask your background screening provider what percentage of their revenue they are spending on automation upgrades.

Tech is no longer on the “like to have” list. It’s a requirement to function productively in today’s marketplace. Your background screening vendor should be providing you with an intuitive, robust tech stack. If they aren’t, your processes are probably slower and less efficient than they could be and may fall behind your main competition. Here is a 5-step guide for ensuring your background screening vendor’s tech stack exceeds your requirements and expectations.

Step #1: Review Their Integrations Background screening companies should offer plenty of integrations with other technologies. These will make your hiring process more effective and seamless. Action plan. Require that your background screening vendor offer integrations with your main hiring platform solutions. There’s no need for your users to jump in and out of different programs and screens all day.

Step #2: Assess Their Investment in Automation Automated technology drives many critical processes, from ordering and receiving background check information to providing automatic Adverse Action notices. If your provider doesn’t, you’ll eventually fall behind your competition. You may even end up out of compliance. Today’s technology providers must embrace automation to build better, more enriched, higher-functioning experiences for their clients and end-users. Efficiency is a driving force in investing in automation. If often works behind the 18

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Step #3: Evaluate Background Screeners’ Security Measures Strong security is at the top of the list with every vendor partner. The personal nature of the information your background screener provides requires stringent processes for protecting your job applicants’ data. Failing to do your due diligence on this can set your organization up for a disastrous breach that can have long-term effects on the company’s reputation, sales, and recruiting. Action plan. Make sure conversations you have with your background screening vendor include a deep dive into their security standards. Know exactly who has access to your data. Confirm the provider undergoes consistent and thorough security audits. Ask them where they store the data (confirm if it’s in the U.S. or stored overseas). Request a copy of their privacy policy. Finally, ask questions about their plan, timeframe, and cost of recovering your data in the case of a disaster.

Step #4: Explore Their Technology/ Human Touch Formula HR should step out of their comfort zone and learn about new ways of receiving needed information. Embracing and educating themselves on the latest advancements in technology and automation is essential. That doesn’t mean forgoing a commitment to human involvement. The best, most effective processes are still the ones that merge both successfully. Action plan. While you want your background screener to offer you access

By TAMMY HENRY

to automation and powerful technology solutions, you don’t want your interactions to be completely devoid of people. Make sure that your vendor has live, highly trained team members filling in the gaps that technology leaves.

Step #5: Scrutinize Their MobileSolution Offerings Today’s applicants are accustomed to performing all types of functions from their mobile devices. Companies must “go where the people are” to maintain a productive hiring channel. If your background screening vendor hasn’t implemented mobile-capable technology, your job applicants will be frustrated and disenchanted with their experience. By streamlining ease of use and strategically broadening the communication avenues into mobile, businesses help make the candidate comfortable and confident from the beginning. Users can access the information when and where they want from their favorite device. Action plan. Execute robust mobile application experiences to connect responsively with potential job seekers and create a positive candidate experience. Change is constant in an effective background screening process. If you can’t bring yourself to embrace technology, at least don’t make it your enemy. Make sure you understand what your background screening partner offers that advances your hiring initiatives. Leverage that knowledge to help your team become comfortable with working with automation and technology.

Tammy Henry

Vice President of Client Success Data Facts thenry@datafacts.com www.datafacts.com

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Employers Continue to Look for Unique Solutions to Rising Rx Costs By DENISE CABRERA

Price hikes of blockbuster drugs2

The Centers for Medicare and Medicaid Services projects that spending for prescription drugs will be the fastest growing health care expense over the next decade, outpacing other health care spending. 90% of the nation’s $3.5 trillion dollars in annual health care expenditures are for people with chronic and mental health conditions. 20 cents of every dollar spent on healthcare in the U.S. is for drug therapy. With the rise of personalized medicine and gene editing, therapy drug spend will continue to increase to over $600B this year.1

• Pfizer raised prices on 93 drugs o 6.9% on breast cancer drug Ibrance o 6.9% on Prevnar vaccine o 4.4% on heart disease drugs Vyndamax and Vyndaqel

⬆ ⬆ ⬆

• AbbVie o 7.4% on Humira which already generates $22 billion in sales

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• Bristol Myers Squibb o 6% on Eliquis for reducing blood clots o 4.5% on Revlimid for multiple myeloma

⬆ ⬆

High cost specialty medications are driving an average trend increase of 2.3% with specialty drugs accounting for over 50% of total drug spend for most employers. Specialty drugs are biologics, derived from living tissue, which typically require special patient training to administer and special handling. Specialty drugs cost an average of $4,000 per month supply.1 Specialty drug utilization has remained consistent over the last 10 years however, the mix of drugs has changed significantly, as new higher cost drugs came to market and drove price increases of other drugs in the same class. An example are drugs to treat multiple sclerosis which originally cost and average of $6,000 per year until more costly drugs were approved pushing the annual cost over $73,000. The reality for most employers is that just 1-2% of their members are driving 45-50%, or more of their plan costs. There continues to be a push to find ways to address the growing impact of specialty medications on employer healthcare costs. Despite some success with utilizing traditional formulary design and coupon programs some employers are looking at a more comprehensive approach which may require carving specialty medication coverage out to a 3rd party. 22

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• Gilead o 5.6% on HIV drugs Biktarvy and Descovy

⬆

• Purdue o 5% on OxyContin

⬆

• Vertex o 4.9% on Trikafta for cystic fibrosis. List price is already over $311,000 per year

⬆

Pharmaceutical drug manufacturers have out-paced inflation with a 5% average annual price increase in 2022, which affected 742 drugs, according to a new report from the advocacy group Patients for Affordable Drugs.2 The healthcare industry continues to address challenges like reimbursement for high investment therapies and the impact of social determinants of health. The new report shows that 11 of the 15 top-selling drugs in the U.S. incurred increases. A fourth of the drugs exceeded the most recent rate of inflation and 93% exceeded the projected inflation rate for 2023 (2.3%).2

10 Most Expensive Drugs3,4,5 The world’s most expensive drug, Zolgensma, entered the market in 2019 with a price tag over $2 million. This life-changing gene therapy brought hope to families dealing with a life-threatening spinal disease in their children. Luxturna, a curative gene therapy for a retinal disorder causing blindness, costs $850,000. Cigna’s Embarc program offers a shared risk network which may be adopted for $1 PMPM (per member per month) to establish full coverage of the drug and treatment for both Zolgensma and Luxterna. This program will expand as more gene therapies enter the market.

1. Zolgensma ($2,125,000)

6. Myalept ($889,904)

Spinal muscular atrophy (SMA), a rare disease that causes muscular erosion. Prevalence: 1 in 10,000 live births. Novartis allows annuity payments over a five-year period and delayed reimbursement to ensure the therapy works.

Leptin deficiency, which causes an abnormal fat distribution in the body. Prevalence: 5 in 1 million people annually in the U.S. Aegerion Pharmaceuticals offers a copay card to assist commercially insured patients.

2. Carbaglu ($1,598,822)

7. Luxturna ($850,000)

Hyperammonemia, a urea cycle disorder caused by lack of a certain liver enzyme, which elevates ammonia levels. Prevalence: 1 in 25,000 live births.

A curative gene therapy, which treats an inherited retinal disease that causes blindness. Prevalence: 4 - 10 people in 1 million lives in the U.S.

3. Procysbi ($1,085,160)

Peripheral t-cell lymphoma, a rare blood cancer. Prevalence: 1 in 100,000 people in the U.S. every year.

Nephropathic cystinosis, a rare hereditary metabolic disorder that causes kidney problems, slow growth, weak bones, and eye problems. Prevalence: 1 in 200,000 live births. 4. Zokinvy ($1,032,480) Hutchinson-Gilford Progeria Syndrome, a rare disease that causes premature aging. Prevalence: 1 in 4 million live births. Most patients die before the age of 15 from heart failure or stroke. 5. Danyelza ($977,664) Neuroblastoma bone marrow cancer. Prevalence: 10 in 1 million children under 15.

8. Folotyn ($817,865)

9. Amondys 45, Exondys 51, Vyondys 53 ($748,800)

The McGriff National Pharmacy Practice can help employers explore unique solutions which allow greater control of pharmacy spend and ensure quality clinical outcomes. Contact Denise Cabrera or your McGriff representative for further information. SOURCES: 1. “Projections of National Health Expenditures and Health Insurance Enrollment: Methodology and Model Specification.” 24 March 2020, https://www.cms.gov/Research-Statistics-Data-and-Systems/ Statistics-Trends-and-Reports/NationalHealthExpendData/ Downloads/ProjectionsMethodology.pdf 2. Round 2 Of January 2022 Hikes Pushes Blockbuster Prices To New Heights | Patients For Affordable Drugs 3. https://rarediseases.org/ 4. https://professionals.optumrx.com/publications/rx-highlights.html 5. https://www.fda.gov/drugs/development-approval-process-drugs/ drug-approvals-and-databases

Duchenne Muscular Dystrophy, a rare disease caused by over 2,000 mutations of the dystrophin gene, causing progressive loss of skeletal and cardiac function and ultimately death. Prevalence: 1 in every 3,500 live male births. 10. Brineura ($730,340) Batten Disease, a rare pediatric brain disorder that causes seizures, loss of muscle coordination and vision loss. Prevalence: 20 children in the U.S. annually. BioMarin offers free genetic testing through Behind the Seizure.

Denise Cabrera, Licensed Clinical Pharmacist National Pharmacy Practice Leader McGriff Employee Benefit Solutions Denise.Cabrera@mcgriffin.com

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Are your leaders ‘CREATIVE’ or ‘REACTIVE’? By ALISSA DEWITT

In a survey conducted by the American Psychological Association: • 75 percent of American workers

say their boss is the most stressful part of their workday • 65 percent say they would take a

new boss over a pay raise The Gallup 2021 State of the Global Workplace Report indicates that 66 percent of U.S. employees continue to be “disengaged” and unmotivated. These stats may seem disheartening, and it is for many who experience this reality first-hand, on a daily basis, in their workplace. But here’s the good news: it doesn’t have to be this way! Gallup’s report revealed that leadership accounts for at least 70 percent of the variance in team engagement – which means with more effective, CREATIVE leadership, organizations can absolutely solve the employee engagement crisis.

So, what does it mean to be a ‘CREATIVE’ vs. ‘REACTIVE’ leader? ‘REACTIVE’ leaders often show up like the command-and-control style leader. They tend to operate from a problemfocused mindset – seeing obstacles and challenges as a problem or a threat that must be eliminated. When overused, this problem-focused (reactive) mindset is a result of fear and scarcity thinking where the leader, often unconscientiously, believes there is not enough time, knowledge, money, energy, talent, etc. to solve the recurring problems. This reactive mindset results in highs and lows that creates internal stress for the leader and, eventually, external stress for those around him. ‘CREATIVE’ leaders, on the other hand, show up as more collaborative, inspirational leaders. They tend to operate from a purpose-driven mindset 24

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Many of us are seeing the effects that ineffective leadership has on people and organizations.

– seeing obstacles and challenges as an opportunity to learn and grow individually and collectively as an organization. They don’t need to be the smartest person in the room, and their focus on purpose comes from an abundance mindset where they strongly believe there’s enough, that a solution exists, and they have resilience to hold the bigger vision in spite of the challenges.

Why is knowing whether leaders are ‘CREATIVE’ or ‘REACTIVE’ important? Both ‘Creative’ and ‘Reactive’ tendencies are necessary and important in overall leadership. However, for leaders who are driven PRIMARILY by reactive tendencies, their leadership style will have a negative effect on productivity and profitability and is often the root cause of many of the employee engagement and culture related issues in companies. For organizations who want to attract and retain the best and brightest industry talent, it is essential to elevate overall leadership effectiveness, which means more leaders operating with a ‘CREATIVE’ mindset.

How do we increase overall leadership effectiveness and move from ‘REACTIVE’ to ‘CREATIVE’? The first step is understanding where your leaders are today. You can’t manage what you don’t measure. Measurement is important because most leaders judge themselves by their ‘intentions’ rather than by their ‘actions’ which means they often have a blind spot when it comes to knowing the true impact on their team and organization. Just like we can measure IQ [Intelligence Quotient] and EQ [Emotional Intelligence], we can also very effectively measure LQ [Leadership Quotient]. Leadership Quotient is the measure

of overall leadership effectiveness - the degree to which a leader, or team of leaders, is operating from a ‘CREATIVE’ vs. ‘REACTIVE’ mindset. Since leadership effectiveness is statistically correlated to business success, it’s essential to measure and know the LQ of your leaders and the quantifiable impact leadership is having on the organization. To measure LQ, we use a high quality, normed Leadership 360 Assessment that clearly maps the primary leadership mindset leaders are operating from and where they fall on the ‘Creative’ vs. ‘Reactive’ scale.

The Transition from ‘REACTIVE’ to ‘CREATIVE’… This was the case with one of our clients—we’ll call her Sarah—who was unintentionally breaking relationships with her team and struggling to keep them motivated. She and her team were facing many challenges:

q Team members didn’t trust

management or one another, weren’t willing to offer help and support to each other to meet deadlines and were generally not working well as a team.

q Employees said they didn’t feel

respected or appreciated, which led to them doing the bare minimum and not willing to take ownership of hitting important department and company goals.

q There was frequent turnover of

employees to other departments, as well as to other employers, due to the unhealthy team culture.

q It was taking a toll on both the

leader’s and employees’ personal lives, going home each day from a stressful work environment.

Let me say this: none of these realities were Sarah’s intention as a leader. She saw what was happening, was frustrated, and did all she knew to do to fix it.

Because we know that leaders set the culture for their team or division by what they do, don’t do, allow or don’t allow, we began our work with Sarah by measuring and quantifying her current reality and the overall impact her leadership was truly having on those around her. By gathering valuable information from a variety of perspectives, including: her direct supervisor, peers, employees, and others in the organization—as well as from her own self-assessment— we measured her Leadership Quotient to determine her level of being a ‘Creative’ vs. ‘Reactive’ leader. We were able to identify not only “what” was or was not contributing to her level of effectiveness, but also “why” this was so. The insight gained from understanding her ‘Creative’ and ‘Reactive’ tendencies became a catalyst for growth. Using the assessment results as the launchpad for our coaching and development conversations, Sarah increased her level of awareness and accountability.

She was engaged and eager to apply her learning to make things better for herself, her team, and her company. She cared. That was clear. And she put in the time and effort to make a profound transformation. By the end of our time together, Sarah’s department had become the MODEL for employee engagement in her company. She was thriving in her role, more effective, and less stressed. Her team was excited about their work. Their trust, appreciation and respect for their newlytransformed leader increased drastically. Because of this, Sarah’s department began performing better than ever! She was later asked by the VP of HR to share with her peers her journey of success.

And it DOES change, when leaders are willing to grow and when companies are willing to invest in raising their overall leadership effectiveness. People spend the majority of their lives at work, and from what I’ve learned in my 30 years of business and leadership experience: the majority of employees want to contribute and provide value in a meaningful way, and they want to be engaged and successful at work. When leaders become more aware, accountable and learn to operate primarily from a ‘CREATIVE’ mindset, they draw out the best from their teams, employee engagement increases, and they experience outstanding business results.

Leaders Make a Difference… Stories like Sarah’s are such an encouragement. While there is a trend in the U.S. of many employees being discouraged and disengaged, this reality CAN change.

Alissa DeWitt, MCC, CPC, CERS

Founder | CEO & Executive Leadership Coach Alissa@TheExecutiveImpact.com www.TheExecutiveImpact.com

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Coaching: The New Leadership Model in Today’s Business Environment

By DR. VICTOR ALUISE

Today’s business environment is ever changing and at times fraught with unprecedented challenges. Global pandemic, political discord, business and supply chain disruption, cyber threats – all require leaders to be nimble and proactive problem solvers. They must lead teams in data-driven solutioning and agile implementation by utilizing a continuous-improvement mindset. As leaders, they must remain proactive and grounded in the moment – acting on defense to minimize short-term losses. Talk about trying times. To help organizations navigate, I’ve found that today’s leaders need to act as coaches rather than managers, as was framed in a recent Harvard Business Review article, The Leader as Coach. Coaching, at its core, is agile and supportive problem solving – helping individuals and teams identify goals, spot or clarify problems, uncover root causes, design solutions supported by data, communicate pathways forward, influence others, remove barriers, find accelerators, measure results, and so on. This requires letting go of some conventional management notions that leadership is about having all the solutions and driving teams (often without their buy-in or awareness) toward a fixed goalpost. The days of leaders creating strategy and tactical plans for teams to deliver are gone. Or at least they should be. Rather, leaders need to foster a workforce culture based on co-creation and ownership, one of vision, strategy, tactics, and continuous-improvement efforts. Rapidly changing workforce needs will compel many to learn new skills, often several times throughout their professional careers. This requires a new mindset and approach to learning – as well as a new adult learning experience that employs coaching. Fortunately, some education organizations are leading the charge to help students and employees navigate a rapidly changing workforce landscape. I am proud to work with one of these organizations, nonprofit Western Governors University (WGU), one of the largest fully online and fully accredited universities. At WGU, students are assigned mentors who employ coaching techniques. Mentors work elbow-to-elbow with students from the beginning of their learning journey, coaching them to clarify their objectives, set their success markers, and most importantly, to develop an action plan for achieving their goals. The student is in the driver’s seat; they own the vision and action plan as the mentor asks critical questions, supports them, and holds students accountable. Action planning offers the opportunity to focus on an objective and determine the proper steps that must be taken to achieve it. It’s meant to clearly define what a learner wants and how they plan to achieve it. Action plans are the backbone of coaching, and the proper development of a plan is essential to the success of the learning experience. In leadership education programs at WGU, we aspire to develop coaching as managerial capacity within our learners. That is, we model coaching best practices and develop coaching capacity within learners. The mentor as coach helps the individual or team to: • Create a vision and goal framework • Set the quality bar of the work to be done • Clarify roles, responsibilities, and accountabilities • Create action plans for reaching the desired end state, noting key progress markers, measuring success against the plan 26

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• Raise awareness, generate buy-in, motivate teams, and ensure resources are in place for the vision and tactics – all intended to mitigate confusion, anxiety, resistance, and frustrations that many may experience as they implement action plans • Insist on high standards against a quality bar as the individual or teams execute against the plan • Ask critical questions to regularly check in, inspect, and verify the work underway – all the while withholding judgment and staying focused on what’s best for learners • Support and motivate as questions, challenges, and complexities arise Key to the coaching process is holding oneself and others accountable to the action plan. Sure, plans change because of obstacles or accelerators along the way. So, mentors continuously engage in a diagnostic process – facilitating check-ins against objectives, actions, and limitations that are non-judgmental and foster ownership, accountability, selfagency, and innovation. Individuals and teams need a safe sounding board where they can share struggles with and get support from their leaders. The diagnostic process might go something like this:

CRITICAL QUESTION

OBJECTIVE

“What do you think the problem is?”

Help surface a problem, barrier, or struggle that may be happening in his/her professional world.

“ How do you think that can be resolved?”

Help uncover blind spots and think through solutions.

“How will you handle this?

Dig into individual’s or team’s role in the solution. Prompt creation of an action or plan.

“What is your plan to handle this?"

Facilitate commitment to action or plan.

On a scale of 1-10, how confident are you that it will happen?

Reality-check the action or plan.

What can you do (what actions can you take) to make you more confident?

Reality-check the action or plan.

Come to me with solutions (don’t direct them) • Accountability • Best efforts (they use) The byproduct of coaching is growth – towards becoming a solutionsbased leader who gets the job done. It fosters innovation and increases self-esteem for all involved in the process. It replaces conventional and often archaic styles of management with a malleable model that easily fits the needs of individuals and organizations at the same time because goals are shared and aligned. Coaching impacts the bottom line of a business. It is the surgical accuracy of coaching that turns a leader into a catalyst for change and progress.

Dr. Victor Aluise is Vice President and Dean of WGU’s College of Business and co-creator of its new coaching program. Previously, Victor served as Head of Learning Systems for Amazon where he designed, implemented, and expanded global higher education programs in business and technology. He has held executive leadership positions at Scholastic and McGraw-Hill Education. He obtained his B.S. degree from Carnegie Mellon University and his doctoral degree in educational technology from Columbia University.

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Illinois’ accredited and internationally-recognized master’s program is available online, tailored to the needs of working professionals. Whether you have prior experience in human resources or you are transitioning from another function, you will find immediate applicability to your work. The MHRIR curriculum is taught by experienced faculty and industry experts and designed to build business acumen and a strong foundation in the field. Students have an average of eight years of experience in HR or a related business function, and benefit from peer networking in selective classes. The student body includes a diverse and experienced group of working professionals from long-standing corporate partners like bp and PepsiCo, in addition to professionals in non-profit and consulting.

The School now offers a certificate program geared towards professionals who want to freshen their HR knowledge, or for those with little HR background who wish to build competency. The program has four tracks: Fundamentals of Human Resources, Human Resources Management, Compensation Best Practices, and HR Data Analytics. Each track has three courses (12 credit hours total, four credit hours per course), and can be completed in 7-10 months. Candidates that complete one or more certificates can On average, count their certificate credit towards our full master’s program if they wish to continue students their journey.

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ENJOY THE PICTORIAL HIGHLIGHTS FROM THE 2022 SHRM TALENT CONFERENCE!

say they’ve had colleagues voluntarily leave their organization within the past six months.*

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Fostering OWNERSHIP through

Communicating with Purpose By BRAD FEDERMAN

Ownership, the ever-elusive holy grail. Companies and executives are constantly chasing true ownership. Responsibility, being charged with a task or effort, is easy to manage. Accountability, which has more to do with follow through, is typically more difficult to make happen. While responsibility has a great deal to do with compliance, accountability has more to do with obligation. Ownership, on the other hand, is an innate, passionate, and proactive initiative taken because someone is engaged and is driven toward positive results. What percentage of your people work at an ownership level? According to Harvard Business Review: • 82% of managers acknowledge they have “limited to no” ability to hold others accountable successfully • 91% of employees say that “effectively holding others accountable” is one of their company’s top leadership-development needs • 14% of employees feel their performance is managed in a way that motives them • 26% get feedback less than once per year • 21% feel their performance metrics are within their control • 70% of employees feel their managers aren’t objective in how they evaluate their performance • 69% of employees don’t feel they’re living up to their potential at work One study found that 80% of people see accountability as punishment. Clearly, we have a long way to go in our efforts to consistently create truly high-performing teams and organizations. So where should we start? There are many existing models that outline or profess how to gain ownership and accountability. We have our own model. They all vary to some degree, but there is a great deal of commonality. Some of the factors highlighted in these models are: • Purpose. Purpose and meaning in our work has become essential as expectation of talent has changed. Common purpose is difficult to achieve, but is the glue that holds all of us together. • Goals. People achieve results when they know the target. Clear goals that are aligned across a team and organization can make the difference between success and failure. • Roles. Clear roles are paramount to accountability. Who needs to be accountable, responsible, informed, and consulted? When we have ambiguity in roles, things fall through the cracks. 30

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• Deadlines. If you lack a finish line you are likely not going to finish. Most people need deadlines to plan their work and some need them to avoid procrastination. • Collaboration. People, in the end, are accountable to people. Our relationships drive our willingness to be accountable. If people are not collaborating they will most likely be less accountable. • Coaching. Forward-focused conversations based on growth, learning and becoming stronger, faster, and better are a cornerstone of accountability. People want to do well and they need a partner in that journey. • Fun. Let’s face it. A grind is just that; a grind. It is hard to be motivated and face the day when the work and work environment are not fun. People need to find some enjoyment in their work experience. • Consequences. Positive and negative. People typically do what is best for them. If we measure and provide rewards, recognition, incentives for great performance, people have a stronger tendency to live up to being accountable. • Trust/Respect. Trust is one of the most essential aspects of high performing teams, accountability, and ownership. People want to work with those they trust and respect. More importantly, they do not want to let them down. • Productive Conflict. There is a difference between dysfunctional conflict and functional conflict. Productive or functional conflict is not about people, it is centered on ideas. People need to feel comfortable and safe to co-create and co-discover. • Commitment. People sign up for projects and initiatives every day. However, 90% of the time they are signing up for a high-level idea without really understanding what they are committing themselves to. We must gain real commitment to get true ownership. There are so many levers that can be utilized to make gains in ownership and accountability. The big question is, “Where should I start?” Uncertainty leads to commotion. Clarity encourages confidence. Conviction creates commitment. I would suggest you start with building a shared purpose and meaning in your organization and then follow up with developing trusted relationships and fun. For many, this will seem irrational. However, it actually does makes sense. For example, I have rarely seen a team or organization that lacks shared purpose, respectful relationships, and a minimum level of enjoyment succeed and have strong accountability. I have seen the opposite occur. Even without clear goals and roles I have seen companies and teams do amazing things. How? Teams and organi-

zations will create the clarity and work through the toughest situations and ambiguity if they believe in what they are doing, who they are doing it with, and in a manner they like, find fun, or exhilarating. Just take Apollo 13 as an example. It was the seventh crewed mission in the Apollo space program. It was to be the third to land on the moon. However, after being launched from Kennedy Space Center on April 11, 1970, the landing was abandoned after an oxygen tank in the service module failed. Nothing prepared the crew or those on the ground for this crisis. There was no clarity. In fact, roles went out the window. No idea was a bad idea. The shared purpose and respect for one another became the focus. “Bring them home safely” became a shared mantra. We had never lost anyone on a mission and it was not about to occur on this watch. They created clarity on the foundation of the other elements. This lesson is even more important now as we learn to pivot on a more regular basis. Change will be our constant moving forward. Ambiguity in roles, structure and more can occur overnight. We will need to rely on purpose, respect, and a great work environment to fuel working through and tweaking the other elements. A shared purpose, productive relationships, and strong work environment rely on communication. People must be comfortable asking questions and being open, both in the office and between client and company. However, communication relies on trust. One of the best ways to open the door to communication is with a strong welcome. Subsequently, there is great value in discussing welcomes. Creating a welcoming environment goes beyond simple pleasantries. It requires accessibility, transparency, and additional effort.

Respect is rooted in comfort. It is difficult to respect and trust someone when you lack footing. Have you ever needed to ask a question for clarification but felt that it would be unwelcomed? Did your work suffer for it? To succeed, it is important to ask questions. This way, we can grow and develop in our positions. Nobody knows everything from the start. Therefore, it is important to create an approachable environment where collaboration and questions are encouraged. Openness is the name of the game. When people feel comfortable inquiring about their responsibilities or asking for clarification, the company succeeds. If this is suppressed, communication breaks down. People hide mistakes instead of seeking solutions. How can we be more approachable to our teammates? We gain shared purpose, respect and trust, and a strong work environment through regular two-way communication. Think about the concept of “shared.” We can only develop a shared sense of anything if we are coming to a conclusion together. That conclusion is based on batting around ideas, encouraging questions, comments, exploring concerns, and more. Communication is not one-way or top down. Communication is multifaceted and equal, not based on a hierarchy. Until we level that playing field ownership will be out of reach. What do you stand for? Who do you stand with? And how fun or enjoyable is the stand? Focus your communication on those questions and you are halfway there!

Brad Federman, CEO

PerformancePoint LLC bfederman@performancepointllc.com www.performancepointllc.com

Good CULTURES need character. Good characters need CULTURE.

Every organization has a unique cast of characters. We can help you develop an agile culture that enhances their individual work experiences and promotes healthy employee engagement! CONTACT US today for more info! 901.291.1580 info@PERFORMANCEPOINTLLC.COM

Engaged Employees. Resilient Relationships. Collaborative Cultures. www.HRProfessionalsMagazine.com

It’s Catching!

10 Ideas to Beat Spring Fever @ Work By LEEANN BAILES FOSTER

March Madness! Spring Break! April Flowers! These things and more can signal spring fever in your office. Think to yourself, “What can I do to beat the fever, not only for me, but for my teammates, also? We can improve focus and keep everyone on task by implementing some or all of these 10 ideas. 1. Start a New Endeavor @ Work

7. Set Wellness Challenges

Stop the boredom. Provide new projects and new challenges. How about job swopping, taking on a special project, or tackling a new endeavor? All of these can provide a burst of new energy and a jump-start on focus and concentration.

Challenge employees to participate in a monthly wellness challenge.

2. Offer a Class

• Have a big map hanging in a visible place with a start and finish line. Imagine you are walking from the office to downtown (and maybe back). Each employee can print their on-line avatar and move it along the map as they add miles throughout the Spring month.

Give employees the opportunity to learn a new skill. Do a survey to find out what employees want to learn? Sign language is a popular topic right now. Maybe a beginner Spanish class? While learning something new, the focus will shift from the beautiful spring weather.

• Have a water challenge. Hang a huge jug on the wall. Have employees report weekly the amount of water was drunk. Once the huge jug is full, do a group celebration for the participants.

3. Move, Move, and Move Some More Moving brings energy and clearer focus. Encourage walking or standing meetings. Mark off a walking track around the area. Offer a discounted gym membership or on-site exercise classes. Get moving to shake off Spring Fever!

4. Take a Morning, Lunch, Stretch, & Afternoon Break Lead by example! Ask others to join you. Breaks will not decrease your productivity. Taking breaks increases productivity and quality. Breaks are good for mental health and focus. Set a timer for hourly stretch breaks. Five minute stretch sessions periodically throughout the day will keep you alert and on your game!

5. Change the Scenery Hang colorful artwork around the office or commission a floral mural in the break room. Employees can also meet at a local coffee shop, play disc golf, play a board game or cards, etc. during lunch. Ensure that your breakroom has adequate lighting and perhaps some upbeat music piped in. Change bulletin boards at least monthly. Employees will appreciate your efforts will enjoying the warm weather, and the change of scenery boosts creativity, productivity and motivation.

6. Eat a Drink Healthy Encourage employees to limit sugar intake, or better yet, cut out sweets. Sugar gives a short boost of energy; then, sends us to a lower energy level than before we eat it. Fill your break room with healthy food and beverage options, including fruit, veggies, whole grains, and water. These snack options boost mood and creativity and improve your employees’ overall health. 32

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Competition unleashes energy! Games keep employees entertained and as a bonus, you’ll see a stronger spirit of cooperation.

8. Bring the Outdoors Inside Check around the office to learn who likes to get their hands dirty. Have that group of employees lead this initiative. Indoor plants can purify the air and improve mood. Arrange plants around the office as you bring a bit of the outdoors inside your office. The pure oxygen level will increase and the dirty cardon dioxide will decrease.

9. Implement Spring (and Summer) Hours Can your employees arrive early and leave early during the warm months? If yes, let them. Also, how about ½ day Fridays? Talk about a way to boot morale. If this is possible regarding your work type and workload, employees will get to enjoy the warm, sunny afternoon weather. Adjust work hours, if possible, and allow employees to indulge their spring fever while completing their work.

10. Again, Lead By Example Your employees will do what you do! The Team reflects the coach. Please! Lead these initiatives. Doing so makes it safe for the employees to participate. Longevity is so very important to our career. Not only will you avoid Spring Fever by participating, but you will also avoid burnout. Positive energy is contagious. Spread yours! Spring fever might try to curtail productivity in your office, but you can improve focus with these ideas. Everyone will be happier and work smarter thanks to your efforts.

Compliance with Compassion…

… using your head, your heart, and your hands to nurture your employees.

TEAM FOSTER HR STRATEGY provides comprehensive human resources consulting services for small to mid-size businesses. Offering turnkey solutions for clients, Team Foster is committed to compliance with compassion. With 30 years of industry experience, LeeAnn excels at relationship management, conflict resolution, and employee engagement. Team Foster works with you to motivate and manage HR issues from the inside out – supporting your existing human resources team and coaching your staff to solve problems with an integrated approach. Team Foster HR helps you build a collaborative corporate culture to further your business goals and strengthen your performance.

LeeAnn B. Foster | Head Coach Leadership & HR Consultant +1 865-719-1177 mobile WWW.TEAMFOSTERHRSTRATEGY.COM

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Non-Binary Gender Option Added to EEOC Discrimination Charge Intake Process By TAYLOR FLAKE LAWSON

O N MA RCH 3 1 , 2 0 22, the Equal Opportunity Employment Commission (EEOC) announced that it will add an option to mark “X,” a non-binary gender marker, during two stages of the intake and charge filing process. The announcement came as a part of a broader White House initiative that aims to promote gender inclusivity across the Federal government. This initiative is being enacted across various Federal agencies in a variety of different ways. For example, other agencies are also beginning to account for non-binary Americans in their processing forms. Presently, a worker only has two gender options (male or female) when he or she files a charge with the EEOC. Those two options arguably do not include workers who identify as non-binary. The addition of the new gender marker allows for the inclusion of the broad range of gender identities. The added marker also further promotes greater equity and inclusion for members of the LGBTQI+ community. In discussing the upcoming change, EEOC Vice Chair Jocelyn Samuels said, “Sexual orientation and gender identity are core aspects of every individual’s identity. The EEOC’s announcement that it will add a non-binary gender marker to these forms will ensure that the identities of all those who come to our agency for assistance are acknowledged and embraced.”

How will the EEOC define “X”? The EEOC plans to incorporate the Centers for Disease Control and Prevention’s National Center for Health Statistics (NCHS) definition for “X.” NCHS defines “X” as (1) “unspecified” and (2) “another gender identity.” The EEOC’s use of NCHS’s definition is intended to help promote clarity, inclusion, safety and privacy for individuals.

What will be changed? The non-binary gender marker will be added at two stages of the intake and charge filing process. The new gender marker will be added on the following forms: • The voluntary demographic questions on the online public portal, Online Spanish Initial Consultation Form and Pre-Charge Inquiry Form will be updated with the non-binary gender marker. • The charge of discrimination form will be modified to include “Mx” in the list of prefix options. 34

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What does this mean for employers? For businesses with at least 100 employees and Federal contractors with at least 50 employees and a contract with the federal government of $50,000 or more must file an EEO-1 form. The form is used to track the number of minorities employed by qualifying companies and determine employment patterns. The EEOC previously advised employers to report gender information in the comments section of the EEO-1 form. Employers have either not tracked their employees’ gender identity or grappled with how to report gender for employees who identify as non-binary on the EEOC’s EEO-1 form. Now, with the added gender marker, employers who track gender identities among employees will be able to report non-binary employees without going through additional hoops to do so. With the addition of the “X” option, employers may be concerned with the potential effect such reporting might have on their business operations and employer obligations. Administratively, employers who are required to complete the EEO-1 form will now shift from documenting non-binary employees in the comments section to checking a box. For some employers that might mean that adjustments will need to be made to the gender identities that are tracked by employers. Some employers have already had to make adjustments because the particular states where they operate have begun issuing state identifications and driver’s licenses with a non-binary gender option for those who request such option.

Practical Tips for Employers With the upcoming changes from the EEOC, Employers should be mindful of the new reporting forms required to be used and their obligation to report correct information on the updated forms, while also keeping in mind the impact such reported information may have on their work environments. Employers may also need to consider reviewing other documents and forms used in the workplace, to the extent that including a non-binary option may be appropriate. Depending on a particular employer’s circumstances, this might include allowing for a non-binary “X” option or a prefix option of “Mx.”

Taylor Flake Lawson, Attorney Rainey Kizer Reviere & Bell PLC tlawson@raineykizer.com www.raineykizer.com

raineykizer.com 731.423.2414

Rapid Responses for Employer’s Needs

Memphis | Jackson | Nashville | Chattanooga

ANNUAL LEGAL CONFERENCE TUE | APR19 | 2022

HIGHLIGHTS

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1 Austin Baker, President and CEO of HRO-Partners, was the moderator for the opening session on The Effects of the Pandemic on Employee Benefits. 2 SHRM-Memphis President, David Dufour, welcomed attendees. 3 Kim Hodges, Office Managing Shareholder for Ogletree Deakins Memphis, discussed DE&I in the Covid ERA. 4 Judge Rhynette Hurd, Division Five, Shelby County Circuit Court, spoke on DE&I in the Age of Covid. 5 The 2022 SHRM-Memphis Board of Directors with Maureen Holland, conference emcee. 6 Jeff Weintraub with Fisher Phillips, co-chair of the conference, presented New Strategies for Opposing Union Organizing in the Age of Covid with Martin Thompson (not pictured,) also with Fisher Phillips. 7 Cindy Ettingoff, CEO and General Counsel of Memphis Area Legal Services, was co-chair of the conference.

8 Dr. Deneen Lester, HR Manager for the Kroc Center (Salvation Army,) introduced the session on Tips for Successful Courtroom Outcomes During the Pandemic. 9 (L-R) Billy Ryan, the Donati Firm; Tressa Johnson, Johnson & Bennett; and Maureen Holland, Holland & Associates; participated in a panel discussion on How Employers Can Avoid Getting Sued. 10 Lisa Krupicka with Burch Porter & Johnson spoke on Performance Documentation, Managing the Process. 11 Frank Day with FordHarrison Memphis participated in a panel discussion on The New Turnover, Resignation in the Age of Covid. 12 Dr. Kathy Tuberville with University of Memphis and VP Programs with SHRM-Memphis discussed immigration issues with David Jones, regional managing partner with Fisher Phillips. 13 Angie Davis with Baker Donelson and Cindy Ettingoff with Memphis Area Legal Services participated in a panel discussion on What Happens if the Traditional Performance Evaluation Goes Away. Cindy was co-chair of the conference. 14 Attendees at the SHRM-Memphis Legal Conference 15 Rod Holmes with Reifers, Holmes & Peters participated in a panel discussion on Compensation Issues in the Light of Covid.

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TOP

Educational Programs for

Professionals University of Memphis The Department of Management in the Fogelman College of Business and Economics at the University of Memphis offers AACSB-accredited training in human resource (HR) management and organizational behavior. The following faculty have an expertise in these areas: Drs. Kurt Kraiger, Kristen Jones, Alex Lindsey, Caitlin Porter, Jessica Kirk, Chuck Pierce, Carol Danehower, Laura Alderson, Kelly Mollica, and Kathy Tuberville. They offer undergraduate courses on HR topics such as introduction to human resource management, compensation & performance appraisal, managing diversity, staffing organizations, and employee training & development. The University of Memphis offers MBA courses on topics such as managing human resources, and strategic human capital management. They also offer a doctoral research seminar on human resource management. In addition, the department has a student chapter of the Society for Human Resource Management (SHRM) and offers an undergraduate concentration in HR management. Finally, the department is well-represented in the Center for Workplace Diversity and Inclusion. For more information, please contact Dr. Kurt Kraiger, Chair of the Department of Management (kurt.kraiger@memphis.edu; http://www. memphis.edu/management).

Fogelman College Department of Management

Kurt Kraiger, Ph.D. Professor of Human Resource Management and Chair of the Fogelman College Department of Management

Kristen P. Jones, Ph.D., Associate Professor

Alex P. Lindsey, Ph.D., Assistant Professor

Caitlin Porter, Ph.D., Assistant Professor

Jessica Kirk, Ph.D., Assistant Professor

Chuck Pierce, Ph.D., Professor

Carol Danehower, Ph.D., Associate Professor

Laura Alderson, Ed.D., Instructor of Management

Kelly Mollica, Ph.D., Instructor of Management

Kathy Tuberville, Ed.D., Instructor of Management

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Undergraduate, MBA, executive MBA, and doctoral courses offered. Topics include HR management, staffing organizations, employee training & development, compensation & performance appraisal, and employee relations. Undergraduate Major in Human Resource Management starting in Fall 2022.

Dr. Kurt Kraiger, Management Department Chair, at kurt.kraiger@memphis.edu.

Former President, George W. Bush, to speak on the Main Stage at SHRM22 Annual Conference and Expo SHRM President and CEO Johnny C. Taylor, Jr., SHRM-SCP, will engage in an exclusive conversation with President George W. Bush on Wednesday, June 15 at SHRM’s signature conference. The SHRM22 Annual Conference and Expo, will be held in New Orleans, Louisiana from June 12-15. There is also a virtual option for those unable to travel. SHRM works every day to cause better workplaces by sharing knowledge, expertise, tools, and support to help HR professionals and business leaders succeed in disruptive times. During his Administration, President Bush led the nation through critical and adverse times, including the response to the attacks of September 11, 2001, on the World Trade Center and the Pentagon; the devastation caused by hurricane Katrina; and through the fall of Lehman Brothers and the recession. The former President will join SHRM President and CEO Johnny C. Taylor, Jr., SHRM-SCP, on the SHRM22 Main Stage, in a conversation about leading the nation and managing crises, and the importance of hiring good talent. “HR professionals have faced unprecedented challenges with the pandemic and now the great resignation. It is an honor to host former President Bush in a timely conversation about leading and managing through critical times and adversity,” said SHRM President and CEO Johnny C. Taylor, Jr., SHRM-SCP. “Since leaving office, President Bush has focused his efforts on issues that are in line with building better workplaces and a better world and causing positive effects by supporting our Veteran’s, advancing educational opportunities for women and girls in oppressive societies, and enhancing global economic prosperity and competitiveness. I know this will be an engaging and informative discussion with the former President.”

George W. Bush served as 43rd President of the United States of America from 2001 to 2009. After his Presidency, President and Mrs. Bush founded the George W. Bush Presidential Center in Dallas, Texas. The Bush Center is home to the George W. Bush Presidential Library and Museum and the George W. Bush Institute, a nonpartisan public policy and leadership development center that engages communities across the United States and around the world by developing leaders, advancing policy, and taking action to solve today’s most pressing challenges. President Bush will join a lineup of over 200 speakers at SHRM22, including Bruce D. Broussard, president and CEO of Humana Inc., Timothy S. Huval, chief administrative officer of Humana Inc. Both in-person and virtual attendance will be available. HR professionals, CHROs, people managers and students will have the opportunity to engage on best workplace practices, discuss new data surrounding the great resignation, learn about the latest workplace trends and benchmarking, and explore how to build a better workplace culture. The SHRM22 theme, Cause the Effect amplifies SHRM’s mission that there is no cause we can’t effect when we come together as one HR. HR Professionals have the power to empower others, change lives, drive productivity and value for companies, improve society, and perhaps have an impact on people they will never even meet. To register as press for the SHRM22 Annual Conference and Expo, please contact press@shrm.org. Note: Select sessions are closed to the press with no personal photography, note taking or recording being permitted. www.HRProfessionalsMagazine.com

HIGHLIGHTS

www.HRProfessionalsMagazine.com

1 Opening the SHRM Workplace Policy Conference in Washington, D.C. March 27 2 The beautiful cherry blossoms at the Capitol. 3 The conference was held at the historic Washington Hilton where President Ronald Reagan was shot by John Hinckley, Jr., on March 30, 1981. 4 Justice Delivered: How the Supreme Court Approaches Employment Law: Moderator Ronda B. Esaw, Shareholder, Greenberg Traurig, LLP 5 Jack L. White, Partner, McGuireWoods, LLP discussed how the Supreme Court approaches employment law. 6 Maya Raghu, Deputy Director of Policy of Federal Contract Compliance Programs, U.S. Department of Labor, spoke on Equity at Work: The Federal HIRE Program’s Role in Closing the Talent Gap and Boosting Opportunity for All. 7 Attendees at the SHRM Workplace Policy Conference

8 The Global Economy and the Workplace: How our Interconnected World Impacts Lives and Livelihoods (L-R) Moderator Gabrielle Rigg Herzog, VP Corporate Responsibility and Labor Affairs, USCIB; Daniel Rogger, Economist, World Bank; Gad Levanon, Chief Economist, Burning Glass Institute; and Michael Mandel, VP and Chief Economist, Progressive Policy Institute. 9 How Federal Agencies are Working to Improve Visa Processing (L-R) Moderator Gabriel Mozes, Partner, Immigration, Seyfarth; Amy Nice, Assistant Director for International S & T Workforce, White House Office of Science and Technology Policy; Bo Cooper, Partner, Fragomen; and Nathan Stiefel, Citizenship and Immigration Services Deputy Ombudsman, U.S. Department of Homeland Security. 10 Scales of Justice: How the National Labor Relations Board Weighs the Law, Workers, and Employees. (L-R) Gwynne A. Wilcox, Board Member, National Labor Relations Board; John F. Ring, Board Member, National Labor Relations Board; and Jennifer A. Abruzzo, General Counsel, National Labor Relations Board. The session was moderated by James Banks (not pictured), General Counsel for SHRM. 11 Former Senator John Breaux (D) of Louisiana discussed The Way Forward: Bipartisanship Works. 12 Former Majority Leader Trent Lott (R) of Mississippi joined the discussion on The Way Forward: Bipartisanship Works by video.

Photo credit: RollCall.com

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THE GOLD STANDARD FOR PROFESSIONAL DEVELOPMENT As the world of work evolves before our eyes, we must continue to provide our workforces the tools, technology and infrastructure to do their very best work. Reskill to rethink your strategies with an upcoming SHRM Educational offering.

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May 2022 HR Professionals Magazine

Articles inside

EEOC Non-Binary Gender Marker X

George W. Bush to Speak at 2022 SHRM Annual Conference in New Orleans

University of Memphis Top Educational Programs for HR Professionals

10 Ideas to Beat Spring Fever @ Work

Fostering Ownership through Communicating with Purpose

Coaching: The New Leadership Model

HR’s Guide for Screening Your Background Screening Vendor’s Technology Stack

Employers Continue to Look for Unique Solutions to Rising Rx Costs

Transform Your Employee Benefits to a Competitive Advantage

Athens State University Online HR Management Degrees

note from the editor

Are your Leaders Creative or Reactive?

Executive Impact – the Coach Approach to Leadership

Profile: Shonda Kines Director of Mississippi SHRM