October 2024 HR Professionals Magazine by Cynthia Thompson

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In late 2023, employers across the countr y completed

and Retention Employer Pulse Sur vey. Respondents were sur veyed attraction and retention challenges, workplace strategies and voluntar

The sur vey found that attracting new employees remains more of a least somewhat struggle employees, down from over

Art Direction Park Avenue Design

Marketing and Social Media Specialist

Julie Nagem

Project Specialist

Liz Rogers Photographer Charles B.

Susie

Mary

Kimia

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.

©2024 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

Bringing Human Resources & Management Expertise to You

28% Offering competitive health care amid rising costs 28% Receiving enough job applicants 35% of people say their job has a negative effect on their mental health.

alent Challenges

29 Highlights from Texas SHRM Global Conference in Houston September 19 30 WTSHRM 15th Annual HR & Employment Law Fall Conference in Jackson, TN, November 7

32 Texas SHRM HR Southwest Conference in Fort Worth October 13-16

were asked to select their top three attraction and retention challenges. The most common selections were:

33 SHRM Inclusion Conference in Denver November 4-7

48% Matching worker demands for compensation 43% Finding the right skill sets 32% Recruiting employ with the education cer tifications for the role

34 Highlights from the University of Memphis Women in Leadership September 12

36 SHRM Talent 2025 Conference in Nashville March 24-25

41 SHRM Workplace Law Forum in Washington, D.C. November 20

42 Pictorial Highlights of the KYSHRM Conference in Louisville August 27-29

44 Highlights from the TNSHRM24 Conference in Memphis August 25-28

47 Pictorial Highlights from the MSSHRM Conference in Biloxi September 9-11

48 SHRM25 in San Diego June 29-July 2

November 2024 Issue

reserve space October 15

a

note from the editor

October is Mental Health Awareness Month. It serves as an important opportunity to raise awareness about mental health issues, reduce stigma, and promote resources for those in need. SHRM has many educational programs including certifications that emphasize the importance of mental well-being in the workplace. It’s a time to encourage open conversations about mental health, fostering understanding and support for individuals experiencing mental health challenges.

We have included several articles to enhance your efforts to raise awareness in your own organizations. Did you know that SHRM has a certification, “Workplace Mental Health Ally Certificate,” that you can earn? See page 7 for the details and begin your journey to teach your managers the best practices in mental health awareness. See Page 40 for a review of the Biden-Harris Final Rule to Ensure Mental Health Care Coverage for All. Are your mental health care benefits up to date? Maybe it’s time to update your 2025 benefits plan. Be sure to check with FedLogicGroup.com and learn about the federal and state mental health benefits available to you employees!

We are excited to feature Tim Keck, Senior Consultant with SafeHaven Security Group, on our October cover. Read all about his career on Page 6. You may have met Tim at one of the fall SHRM Conferences. In addition to being a best-selling author, he is also an excellent speaker. We look forward to hearing him at the “Violence Prevention Conference of Mid-America” sponsored by SafeHaven Security Group in Rogers on October 15. He is also presenting at the Arkansas SHRM Conference in Hot Springs October 21-23.

We are also featuring highlights from several important conferences in the Southeast:

Tennessee SHRM Conference in Memphis August 25-28

40th Annual Kentucky SHRM Conference in Louisville August 27-29

Mississippi SHRM Conference in Biloxi September 9-11

University of Memphis Women in Leadership Conference

September 13

The 2024 SHRM fall conference season is in full swing! Check out all the opportunities to earn SHRM and HRCI recertification credits this fall! Here are some of them.

October 13-16 in Fort Worth

Earn 17.5 SHRM and HRCI credits Register at www.hrsouthwest.com

Arkansas SHRM Conference & Expo in Hot Springs

October 21-23

15th Annual WT SHRM HR & Employment Law Fall Conference in Jackson

November 7

Earn 6 SHRM and HRCI recertification credits

SHRM Inclusion Conference

November 4-7 in Denver

SHRM.org/Inclusion24-HRP10

SHRM Workplace Law Forum

November 20 in Washington, D.C.

SHRM.org/wlf24-hrprosoct

If you are not yet SHRM-certified, I invite you to register today for our next online SHRM-CP | SHRM-SCP class beginning October 16. The class meets on Monday and Wednesday evening from 6:00 PM to 7:00 PM for 12 weeks. Visit our website, www.hrprofessionalsmagazine.com for details and registration. We are proud of our 90% pass rate!

Watch for your email for notification about our complimentary October webinar sponsored by Data Facts on October 25 at 10 AM. Please mark your calendar and plan to join us. If you are not receiving our email notifications about our monthly webinars, please visit our website, www. hrprofessionalsmagazine.com., and subscribe to our digital issue to be added to our email distribution list.

cynthia@hrprosmagazine.com

Connect with me on LinkedIn:https://www.linkedin.com/ in/cynthia-thompson-mba-shrm-scp-sphr-325b8715/ Like us on Facebook.com/HRProfessionalsMagazine

The HRSouthwest ConferenceTM

Tim D. KECK

Senior Consultant, SafeHaven Security Group, LLC.

Tim D. Keck is a best-selling author, a top-rated speaker, and a court-certified expert on threat management. He has taught thousands of people how to stay safe even under the most difficult of circumstances.

Formerly, Tim was a career police officer and SWAT leader who rose through the ranks to Chief of Police. He has testified before a Congressional committee, provided VIP protection to celebrities, and spearheaded a multi-national undercover investigation.

Tim has been quoted in publications from Newsweek to The New York Times and has made several appearances on national television.

As a keynote speaker, Tim's presentations are full of both wit and wisdom. He uses improvisational humor and true stories to illustrate learnings that can be put to use immediately.

Participants who attend one of his several dozen mainstage talks each year report feeling inspired and empowered. He is often the highest-rated speaker at any conference.

Tim has assisted people and organizations from L.A. to London and from Calgary to the Caymans. Clients include Patagonia, PepsiCo, Kimberly-Clark, Walmart Stores, Tyson Foods, Marriott, J.B. Hunt, OppenheimerFund, Total Energies, and many more. 

HUMOR

By SEAN WALL-CARTY and JESSI BULLOCK

H

There are many articles highlighting the value of incorporating humor at work. As adults, we often forget how much embracing humor can help us with everyday life. When was the last time you, as an adult, engaged in the same activities you enjoyed as a kid, like coloring in a coloring book, jumping rope, playing video games or singing as loud as you can way off-key?

Chances are, you can think of many things you did as a child that you don’t do now. Even though you likely did some or all the above activities, and you may even do some of them now, your adult family members or colleagues might find it peculiar if you, for example, sang as loud as you could off-key.

Should you jump rope at work? Maybe! Imagine going to a work meeting where the icebreaker activity is a jump rope contest. You might either enjoy or cringe at the idea of jumping rope now, but jumping rope at work is random and unexpected. That unexpectedness can make room for humor. You might even be smiling at the idea, perhaps because you’re thinking of yourself, a coworker or a manager engaging in a jump rope contest at work, which could be humorous.

How do you leverage humor at work? Let’s delve into how and why humor effectively boosts success in the workplace by exploring these five main points:

1. The Science Behind Humor

2. When Humor Fails

3. What is Not Humor

4. What Humor is

5. Humor Key Takeaways

The Science Behind Humor

The following studies, among many others, show a link between humor and increased productivity.

Cadiz et al. (Cadiz, E., Buxman, K., Angel, M., Resseguie, C., Wilder, C., Chan, L., Bejar, J., Russe, J. & Davidson, J. (2024). Original Research: Exploring Nurses’ Use of Humor in the Workplace: A Thematic Analysis. AJN, American Journal of Nursing, 124 (9), 18-26) found that

the nursing work environment is often stressful and can lead to burnout, but humor might help nurses adapt and cope. Their study indicated nurses’ use of humor had many advantages – entertaining others, influencing others and promoting well-being. Their participants reported that humor relieved tension, created bonds, strengthened relationships and enhanced learning and work environments.

In another research study, Mesmer-Magnus et al. (Mesmer-Magnus, J., Glew, D. J., & Viswesvaran, C. (2012). A meta-analysis of positive humor in the workplace. Journal of Managerial Psychology, 27(2), 155–190) underscored how humor improves work outcomes. Employee humor is associated with enhanced work performance, higher satisfaction, heightened workgroup cohesion, improved health and better coping skills. In the study, staff members experienced decreased burnout, stress and work withdrawal. Likewise, supervisors’ use of humor was associated with enhanced employee performance and a positive perception of supervisor performance.

Finally, Romero and Cruthirds (Romero, E. J., & Cruthirds, K. W. (2006). The Use of Humor in the Workplace. Academy of Management Perspectives, 20(2), 58–69) remarked that humor provides enjoyment to offset work tasks that might become mundane, and with some careful thought and preparation, anyone can successfully use humor in appropriate organizational settings.

When Humor Fails

With the above research supporting its value at work, why not incorporate humor? Just remember that you don’t need to be perfect. You might try humor at some point, and it might fail. What do you do when this happens? Here are some recommendations:

Ask yourself the following questions:

• Did the humor align with your organization’s culture?

• Could the humor fail (HF) impact performance?

• Could the HF impact relationships?

Humor Fail (HF) Action Steps:

1. Own it. Don’t make excuses or give reasons for the fail.

2. If the HF was public – Own it, publicly.

3. Ensure and reassure that the same type of HF will not happen again

4. Check in 1:1 with affected team members.

In addition to knowing what to do when humor fails, it’s important to remember what humor is and isn’t.

What is NOT Humor

Using amusement ...

• At someone’s expense

• To tear down and divide

• To put someone in their place

• To insult or demean yourself

• To be ill-mannered or inappropriate

What Humor is

• A morale booster

• A tool to strengthen teams

• A stress reducer

• A trust builder

• A promotion of positive company culture

• An enhancer of creativity

Having clarified what humor is, the following takeaways will lead to the effective use of humor in the workplace:

Humor Key Takeaways

• Read the room

• Humor at work should be rated PG

• Stay away from headlines or trending social media topics

• Putting people at ease is the GOAL of humor in the workplace

• When it fails - Own It

Most importantly, remember the research shows the advantages of humor, such as reduced stress, higher employee engagement and better performance. Even though your use of humor might not always be perfect, striving to strengthen the art of humor over time will unlock these benefits.

Sean Wall-Carty, Ph.D. Instructor, School of Business Western Governors University sean.wallcarty@wgu.edu

Jessi Bullock, M.Ed.

Manager, Instruction Faculty

Western Governors University jessi.bullock@wgu.edu

Join us in Orlando or virtually Nov. 11–14 for the 2024 Women in Leadership Institute™ (WIL), a four-day comprehensive event designed as the ultimate catalyst for ambitious women leaders looking to fast-track their careers.

Designed for individuals or groups of leaders, WIL supercharges leadership journeys.

LEARN MORE shrm.org/wil24-octhrp

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Our phone-based consultations are unlimited, confidential, and free for employees and their household members An expert is available throughout, and consultations are scheduled at the employee's convenience

Employees can trust us. We don't sell, endorse or promote any products or services; our goal is to provide unbiased education to support families in navigating their benefit options F R E E & C O N F I D E N T I A L

Employees can trust us We don't sell, endorse or promote any products or services; our goal is to provide unbiased education to support families in navigating their benefit options

What do HR Pros Think of FEDlogic?

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D i r e c t o r o f H u m a n R e s o u r c e B e n e f i t s

“Tim,” she said, “I think this could be a bad one.”

Retired Chief of Police and Threat Management expert Tim D. Keck responded and conducted an assessment. What he learned scared him. The HR manager’s intuition was rock solid. This one would be dangerous.

“I’m glad you’re here. You always tell me what to do,” sighed the manager.

There is a reason Tim always knows what to do. He’s been making life and death decisions since 1979. Here are a few highlights:

• Two weeks into his first police job, he was almost shot in the back of the head by a prisoner who snuck a gun past his partner’s search. Result: He became a survival tactics instructor.

• He worked multiple sexual assault cases. Result: He designed and taught personal safety classes for women.

• His police department was attacked by a murderer who kidnapped a hostage and took over the building. Result: He designed Workplace Violence and Active Shooter Prevention seminars for businesses.

• After successfully running the SWAT team for a decade, he learned the importance of teamwork for success. Result: He developed several innovative teambuilding programs, some of which were featured in the business section of the NYT.

• While working a stalking case in Kansas City, the company decided to stop investing in the victim employee’s safety. Result: Tim worked the case pro-bono for two years, defeating the stalker and getting recognized by the district court as an expert witness in Threat Management.

At some point during all of this, Tim had an epiphany: He could have the biggest impact on keeping people safe from violence by educating them directly. But not just with the cold hard facts, vis a vie “Bueller…Bueller…Bueller.”

With true stories. With humor. With inspiration. Every presentation should leave them feeling inspired and empowered!

Now, Tim speaks at dozens of conferences and organizations across the nation each year. His most popular topics are:

• Threat Management: The New Standard in Active Shooter Training

• GET…LIVE: How to De-Escalate Almost Any Situation

• Bulletproof Leadership: The Three Keys to Leading Under Stress

Avoiding Violence: The Guy Who Tells You What to Do, but Only if You Want Him To

By MEGAN CALDWELL

Why is he so darn busy? Conference committees and leaders say it’s because the topics are timely, necessary, and he’s so easy to work with.

But participants, the real “end user” of this product, say things like:

“I could listen to this guy talk all day! We need him back.”

“Tim’s presentation was highly engaging and full of stuff I never knew!”

“By far, the best presentation of the three-day conference. Just like last year.”

Tim now works closely with SafeHaven Threat Management, a company founded by Doug Elms, formerly of Walmart. Doug has created a world-class boutique consultancy with credentialed and experienced threat management professionals from around the country. Their backgrounds include the United States Secret Service, United States Marshall, and Chief Security Officer for multinational corporations.

Tim’s role these days is much less about managing threats and much more about educating people on recognizing and avoiding violence in all its forms.

Like the guy who plots to murder his HR manager when they fire him.

Tim sat down with said HR manager and her director that Thursday afternoon, and they crafted a plan. They set up the right time, place, and conditions for the termination interview. They loosely scripted it, anticipating what he might say and how she should respond to it.

Friday afternoon came and the employee was called into the small conference room, without time to go back to his desk. Tim waited in the next room, monitoring the conversation in case anything went wrong. The manager had an answer ready for each objection and a listening ear when the employee wanted to speak. The interview lasted a tense two hours. In the end, he apologized for his behavior and went home without incident, deciding not to carry out his plan because he believed she cared about him.

Tragedy was averted because someone knew who to call and that person knew what to do. All because she had seen Tim speak on this topic.

This is but one of the true stories Tim uses to illustrate what can and has happened, both good and bad, to people in your profession. And you never know which direction the lesson may come from. (Ask him how to de-escalate a werewolf.)

Be it a keynote, a seminar, or a mainstage address, audiences tend to rave about Tim’s presentations. If you want a message that is full of information and inspiration and laughter, Chief Tim D. Keck might be your guy.

Let him tell you what to do.

Megan Caldwell, Director of Communication and Strategic Initiatives

Effective Managerial Training on ADA Accommodations is Essential.

By MARY C. MOFFATT

Employers operating in the Sixth Circuit (which includes Ohio, Tennessee, Michigan and Kentucky), would be well advised to take notice of a recent decision from that Circuit’s Court of Appeals regarding the ADA. The case of Mary Ellen Yanick v. Kroger Co. of Michigan, 2024 Lexis 10563 (6th Cir. 2024) addresses a failure to accommodate claim under the Americans with Disabilities Act (ADA). The case illustrates the need for employers to conduct strong and effective managerial and supervisory training on recognizing employee requests for accommodations –which is not always obvious.

THE FACTS

For roughly 15 years beginning in the early 2000s, Mary Ellen Yanick worked as head of the bakery department for the Kroger store in Pinckney, Michigan. During that time period, her performance was considered satisfactory.

In 2018, two events changed the otherwise satisfactory situation.

First, Ms. Yanick was diagnosed with breast cancer in January of 2018 and her diagnosis quickly became known throughout the store. That same week, a new individual took over as the store manager and began overseeing the entire store which included the bakery department. The new store manager felt the bakery department was not meeting Kroger standards and began to address these issues with Yanick as the bakery manager. For example, the store manager felt the bakery department was lackluster and did not display enough product. She had also observed several staffing issues and other issues and deficiencies in the bakery department that, in her opinion, needed improvement.

During several meetings in February, 2018, the store manager and Yanick discussed these issues and the store manager eventually provided Yanick with a list of daily duties for improvement. The store manager advised Yanick that if she failed to carry out those duties, she would face discipline up to and including termination. At that time, the store manager also suggested, as another option, that Yanick could step down from her position as bakery manager.

Shortly after their last meeting, Yanick began a medical leave of absence to undergo surgery; she submitted supportive medical forms wherein her doctor also stated that she needed to avoid “undue mental distress.”

Here is the most important part factually –

Ms. Yanick returned to work on June 11, 2018, without restrictions. One week after her return from her 4-month medical leave of absence, the store manager called Yanick into her office and advised Yanick her performance was not meeting expectations. Ms. Yanick responded that she was “tired,” “exhausted,” and that she “was struggling and needed some time to get back to normal.” She told her manager that she had worked 53 hours her first week back and it was “hard for her physically.”

The store manager responded by asking “who approved your overtime?”, noting “business is business” and advising Yanick that if things did not improve, she could be disciplined or terminated. The store manager again noted Yanick could “step down.”

A few days after this meeting, Yanick did step down - first to a different department, then to a bakery clerk position at a different store, with a lower salary and less authority. Yanick v. Kroger, supra, at page 7.

After receiving a right-to-sue letter from the EEOC, Yanick filed suit in the US District Court for the Eastern District of Michigan. Among other claims, she alleged a failureto-accommodate under the ADA. 42 USC §12112. The District Court granted Kroger summary judgment on all claims, and Ms. Yanick appealed.

The Court of Appeals affirmed summary judgment on Yanick’s claim for disability discrimination, holding that the store manager’s criticism of her job performance

was not objectively intolerable so as to establish constructive demotion. However, the Court reversed the summary judgment for Kroger on the failure-to-accommodate claim.

While noting that the ADA does not impose a “general duty on employers to be nice,” the Court held it does require employers to provide accommodations addressing “a key obstacle presented by an employee’s disability.” Yanick v. Kroger, 2024 LEXIS 10563, *10, Footnote 1.

Did Ms. Yanick make a request for accommodation?

Whether an employee has requested an accommodation is generally an issue of fact.

In its 2002 Enforcement Guidance on the ADA, the EEOC addressed what is necessary for an employee to request a reasonable accommodation under the ADA:

When an individual needs an accommodation, the employee “must let the employer know that s/he needs an adjustment or change at work for a reason related to a medical condition....(the employee) need not mention the ADA or use the phrase “reasonable accommodation.” ….

“Requests for reasonable accommodation do not need to be in writing. Individuals may request accommodations in conversations or may use any other mode of communication.... an employer may ask the individual to fill out a form or submit the request in written form, but the employer cannot ignore the initial request. An employer also may request reasonable documentation that the individual has an ADA disability and needs a reasonable accommodation.” EEOC Enforcement Guidance on Reasonable Accommodation under the ADA, 2002 WL 31994335 (2002).

Kroger argued that Yanick’s return to work “without restrictions” made it reasonable to presume no accommodation was needed. The Court of Appeals held that while this assumption was appropriate initially, once the employee complained that she was “struggling physically,” that assumption was no longer valid. The Court held that Yanick’s comments to the store manager during her last meeting served to inform Kroger of “lingering issues from her disability.” Yanick, supra, at page 12. At that point, according to the Court of Appeals, Kroger should have asked Yanick to provide more medical documentation.

The Court concluded that, “an earlier note stating that (the employee) lacked restrictions does not trump her later indications that she was experiencing difficulties. Ruling otherwise would absolve an employer from providing accommodations whenever an employee returns without restrictions --- even if restrictions later prove necessary.” Yanick, supra at 12.

The Court also noted that the timing of Yanick’s statements regarding her “struggles” was significant in that she had only recently returned to work the week before.

In essence, on this issue, the Court of Appeals held that Kroger, as the employer, should have made a series of “reasonable inferences” that Yanick’s comments of struggles were (1) a request for a reduced work schedule, (2) that her request was tied to her disability, (3) that her physical struggle stemmed from her disability given that she had just recently undergone breast cancer surgery and was on medical leave for four months and finally, (4) that Kroger should have made the “reasonable inference” that Ms. Yanick was tired because of her recent surgery and therefore, that this was an accommodation request. The Court held that although Yanick’s comments were not a model for how to make an accommodation request, it was “just enough” to preclude summary judgment and create an issue for a jury.

Was Yanick’s request for accommodation “reasonable”?

The Sixth Circuit has held that an accommodation is reasonable only if it addresses “a key obstacle preventing (the employee) from performing a necessary function

of the job.” Tchankpa, 951 F.3d 805, 812 (6th Cir. 2020). In several cases, the Sixth Circuit has held that an employee’s proposed accommodation did not meet that standard and therefore was not reasonable.

For example, in Jukobowski, v. The Christ Hospital, Inc. 627 F3d 195 (6th Circuit 2010), the Court held the employee’s proposed accommodation would not have addressed his disability which was a communications issue and based on that, the employee’s failure to accommodate claim failed.

In another case, the plaintiff, a fifth-grade teacher, had proposed changing to prekindergarten classes but the Court observed this proposed change would not have accommodated her arthritic knee which was the “key obstacle” to performing her job. Stallings v. Detroit Public Schools, 658 F.App’x 221 (6th Cir. 2016).

In the case of Tchankpa v. Ascena Retail, 951 F.3d 805 (6th Cir. 2020), the employee requested working from home three days a week but the Court denied his claim because it would not alleviate or address the key obstacle, which was shoulder pain.

In the Yanick v. Kroger case, the Court distinguished such precedent, finding that Ms. Yanick’s proposal for a reduced work schedule was sufficient to address the key obstacle to her work performance issues, which was fatigue. As the Sixth Circuit Court of Appeals summarized, “one way to combat fatigue? Less work. A reduced work schedule would provide Yanick more time to recuperate and get reacclimated to her job’s physical demands.” Yanick, supra at 17.

Now, exactly where or when did Ms. Yanick ask for a reduced work schedule, time off or more leave time or anything of the sort? The Court of Appeals appears to conclude that it was somehow inferred from Yanick’s comments.

In a similar case with a different outcome, in Owens v. Georgia, et al. 52 F.4th 1327 (11th Cir. 2022), cert denied, 143 S. Ct. 2465, 2023, LEXIS 2048 (U. S. May 15, 2023), the Eleventh Circuit Court of Appeals upheld summary judgment to an employer finding employee’s request to telework due to C-section-related complications was insufficient to establish a needed accommodation. After giving birth, Owens

advised her employer of her need to work remotely due to childbirth related “complications.” Owens submitted two medical notes from her physician, which noted that she was “doing well” and she “may” telework. Her employer considered this information insufficient to support her request and asked the employee to either submit additional documentation to show how telework would address the complications or return to the office. When the employee failed to do either one, she was terminated. Ms. Owens sued under both the Rehabilitation Act of 1973, and the Pregnancy Discrimination Act. The Owens Court noted that the analysis of claims under the Rehabilitation Act are the same standards as applied under the ADA, but bear in mind the outcome of this case might be different under the Pregnant Workers Fairness Act which became effective in June 2023.

THE TAKEAWAYS

Failure-to-accommodate cases under the ADA are fact intensive. Taking adverse action against an employee who has just returned from a medical leave of absence, or who has recently experienced medical issues is always risky. While employers should have procedures and policies to address workplace accommodation requests, employers should allow some flexibility in the administration of those procedures and policies. Supervisors and managers should be trained to recognize and address vague or subtle requests from employees for accommodations as well as how to address the potential need for workplace accommodation just based on observation. An effective and vigorous training program can provide supervisors and managers with the knowledge and skills necessary to recognize accommodation requests and address them with employees so as to balance the demands of today’s workplace with the requirements of the ADA and similar laws.

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

Call us today. We can help! (615) 250-3334

www.thebenefits.group happy@benefits.place

2024 Employee Attraction Preview

2024

www.thebenefits.group happy@benefits.place

Employee Attraction Preview

In late 2023, employers across the countr y completed Zywave’s 2023 Attraction and Retention Employer Pulse Sur vey Respondents were sur veyed regarding attraction and retention challenges, workplace strategies and voluntar y benefits.

The sur vey found that attracting new employees remains more of a problem in today’s labor market than retaining existing ones.

Around 70% of employers at least somewhat struggle with attracting new employees, down from over 85% in 2022’s sur vey

Talent Challenges

Employers were asked to select their top three attraction and retention challenges.

The most common selections were:

Employers were asked to select their top three attraction and retention challenges. The most common selections were:

the right skill sets

Recruiting employees with the education or cer tifications necessar y for the role

Employee Attraction Strategies

Employers were asked what strategies they are exploring to improve employee attraction.

Here are the top five responses:

50%

Raising employee compensation

22%

Using skills-based hiring

37%

Offering more learning and development oppor tunities

21%

Offering remote or hybrid work options

28%

Offering an employee referral program

Other top strategies included offering more paid time off, par ticipating in university and college recruitment, and developing an employer brand.

What is feasible and strategic will var y by the employer and the industr y, but for ward-thinking strategies can help organizations successfully compete for talent.

Employers can explore these strategies to win over workers in 2024:

Reevaluate pay strategies to stay competitive.

Expand voluntar y benefits options to offer employees more coverage.

Offer and actively promote learning and development oppor tunities.

Develop a university and college recruiting strategy.

Offer an employee referral program.

Use skills-based hiring to grow talent pools and find workers with the right skills.

focusing

The Tricks and Treats of HR Technology and AI in Hiring ⁄

Remember trick-or-treating when you were a kid? Peering into your bag at the night’s end, you probably saw some delicious chocolate, candy, and lollipops. To your dismay, there were most likely a few packs of raisins, and maybe even an offensive orange or a vile fruit cup.

It was a mixed bag.

The same can be said for relying heavily on technology and artificial intelligence (AI) in an organization’s hiring process.

Are these advancements the best thing to ever happen to hiring? Or are they detrimental to the process? The answer lies somewhere in the middle.

Let’s look closer at the “tricks and treats” of using technology tools and AI in your company’s hiring process.

The Treat: Improved hiring efficiency and speed.

The Future of Recruiting 2024 Report found that 62% of talent acquisition professionals say they are optimistic about AI’s impact on recruitment.

It’s easy to see why. AI-driven tools can scan thousands of resumes in a fraction of the time it would take a human recruiter. By automating repetitive tasks like resume screening, scheduling interviews, and even providing initial candidate assessments, AI allows HR teams to focus on the elements of the hiring process that require human eyes and intellect.

For example, AI-powered platforms can pre-screen candidates based on specific job requirements, rank them according to qualifications, and predict their potential success in a role. This streamlines the hiring process and can significantly reduce time-to-hire, especially in highvolume hiring situations.

The Trick: The risk of bias.

AI systems are only as good as their data. If an AI algorithm is fed biased data, the AI may perpetuate those biases.

For example, if a company’s historical hiring practices have favored one demographic over another, the AI system might, too.

This is a serious concern. AI has the potential to accidentally screen out diverse candidates if the algorithm is skewed toward a particular profile.

HR professionals must cautiously approach using AI, ensuring the tools they use are regularly audited to be fair and minimize bias.

The Treat: Data-driven decision-making.

AI can analyze vast amounts of data, which helps hiring managers spot trends and patterns that might otherwise go unnoticed. These reviews can lead to better hiring outcomes, as decisions are made based on datadriven insights rather than gut feelings.

For example, AI can predict which candidates are most likely to succeed in a role based on historical performance data. It can also provide insights into which job postings attract the most qualified applicants. Using predictive analytics can make recruitment more strategic and better align it with business goals.

The Trick: Compliance challenges and legal risks.

AI is still somewhat of a “Wild, Wild West”. Laws and regulations governing AI use in employment practices are constantly developing, and HR professionals must stay informed about compliance requirements.

According to HR Executive, in 2024 alone, state legislatures in the U.S. have introduced an unprecedented number of AI-related bills. It has surpassed the figures seen in 2023 by sixfold, totaling more than 400 bills. With 16 states having already enacted legislation related to AI but no sign of a federal law yet, this intricate patchwork of AI laws is challenging to keep up with. It’s especially complex for businesses operating across the U.S. and internationally.

Another potential risk is that AI’s use in collecting and analyzing candidate data raises privacy concerns. Companies need to ensure that they are following data protection laws like the California Consumer Privacy Act (CCPA).

The Treat: A stronger candidate experience.

Technology and AI help provide faster feedback, offer personalized communication, and reduce friction in the application process. Chatbots, for example, can answer candidate questions in real-time, while AI-driven systems can offer personalized job recommendations based on the candidate’s profile.

These tools make the hiring process more engaging and candidate-friendly. Applicants can track their application status and receive automated updates, improving their perception of your company and its hiring process.

The Trick: Missing important qualities because of automation.

Yes, AI can streamline many tasks. However, overreliance on automation can sometimes cause important qualities to be overlooked that would make a candidate a successful addition. While it excels in handling hard skills and qualifications, AI can struggle to assess soft skills, cultural fit, and the creative thinking required in certain roles. These elements are often better identified through human oversight.

The Treat: Consistency in hiring.

Consistency is crucial.

AI gives companies the ability to apply the same criteria and processes to every candidate, ensuring a level playing field. Unlike humans, AI doesn’t experience fatigue, illness, or distractions when screening resumes or conducting interviews. This ensures all candidates are judged by the same standards, resulting in a more fair and objective hiring process.

The Bottom Line? Use, but Don’t Over-Rely, On Tech and AI

While the HR technology and AI bag may have some tricks mixed in with the treats, it can still benefit your organization. They can offer numerous benefits like efficiency, data-driven insights, and an improved candidate experience. However, these tools also come with potential risks like bias, compliance challenges, and the temptation of over-reliance. To fully embrace the advantages of AI in hiring, HR professionals must approach these tools carefully and understand their limitations.

By striking the right balance between AI and human oversight, you can capitalize on the power of technology while keeping your hiring practices inclusive, ethical, and compliant.

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Together, We Soar: HRCI and IFMA

By AMY SCHABACKER DUFRANE

Recently, HRCI announced its partnership with the International Facility Management Association (IFMA). The world’s largest and most widely recognized association for facility management professionals, IFMA supports more than 24,000 members in over 130 countries. They are also a key contributor to the development of international FM standards, work with decision makers to inform FM-related policy and provide career resources and continuing education. The similarities and synergies between our organizations are striking. And our collaboration got me thinking about how partnerships – such as this one – can accelerate organizational success and bolster the initiatives of professionals who are focused on reshaping the workplace for the future.

First, a bit about IFMA and why our partnership is important. Similar to HRCI, IFMA offers globally recognized credentials that demonstrate mastery of skills. HRCI is accredited by the National Commission for Certifying Agencies (NCCA) and IFMA is accredited by the ANSI National Accreditation Board (ANAB), something that distinguishes both organizations.

From credentialing to career advice, IFMA provides members with networking, a robust online knowledge library and courses on real estate, operations, sustainability, and leadership. Both organizations are focused on the potential of people; IFMA places a heavy emphasis on the role of the facilities in workplace strategy. The shared vision includes setting and advancing global standards of excellence in our fields to propel the industries and professionals we serve.

Our new partnership was made possible by IFMA’s Strategic Partner Association (SPA) program. Established in 2021, the SPA program offers access to content and specialized training opportunities that address a range of mission-critical roles and cover the entire operational life cycle of the built environment.

Walking around the IFMA Conference last year, I was struck by the enormity of a facilities manager’s role. For example, imagine being responsible for ensuring that a wheelchair-bounded employee can exit the building in the case of an emergency? It also made me think about how tightly aligned HR and facilities management need to be. There’s a heightened awareness of our work environments, especially post-COVID. We’re not just talking about building temperatures; worker concerns range from indoor air quality, cleaning practices, and lighting. Is the facility supporting profes-

sional networking opportunities through collaboration spaces? The expectation is that the facility should be an integral part of workplace culture, wellness, and even learning.

Which brings me to how learning happens in today’s workplace. Long gone are the old-fashioned classrooms that were often relegated to the facility’s basement since they were only used when formal training was scheduled. Whether HR professionals, facilities managers, or new entrants into the workforce eager to make their mark, folks are investing in themselves. Learning and certification first take place on an individual level. Our findings reveal that individuals who are investing in themselves from a certification perspective make more money and are promoted faster than others who aren’t certified. Their supervisors report that they’re more efficient and effective in their roles. They’re happier in their jobs and excited to come to work every day.

On an organizational level, businesses with five or more HR people who are certified have better stock performance, better Glassdoor ratings, and higher revenues. So, there’s a compelling value proposition to invest in getting people certified. I’m obviously biased but the business outcomes and data are indisputable. Having the validation from an external organization that has certified the professionals who are doing the job adds value.

As I look across the core competencies of facility management in IFMA’s catalog, I can’t help but reflect on how crucial it is to take such certifications to heart. From project management to operations and maintenance, and from information management to real estate, IFMA’s certifications ensure that your HRCI certified HR professionals and IFMA-certified facilities managers will be aligned. Our shared values, commitment to governance, and adaptive capacity to operate in complex, ever-changing environments make this a partnership that can benefit all.

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

Your Handbook for Navigating Modern HR Is Here

Alchemizing HR: Your Formula for the New Era eBook

By HRCI ® + HRSI™ CEO Amy Dufrane, Ed.D., SPHR, CAE, and Clarissa Peterson, GPHR, SPHR, LPEC

PURCHASE YOUR COPY TODAY: hrci.org/alchemizinghrbook

The official guide to the HRCI® Professional Development Model—a comprehensive framework designed to empower HR practitioners at any level—gathers insights from HRCI’s popular “Alchemizing HR” webinar series.

Praise for Alchemizing HR: Your Formula for the New Era eBook

“Without question, environmental megatrends have increased the materiality of human resources. With their unique high-level perspective, Amy and Clarissa propose five professional domains and practices for HR professionals to turn their knowledge into enterprise value. Their playbook for HR’s future—grounded in ideas, examples, and actions—enables any HR professional to rise to today’s opportunity.”

- Dave Ulrich, Rensis Likert Professor, Ross School of Business, University of Michigan Partner, the RBL Group

HRCI Recertification Credit

Three (3) business credits toward recertification will be awarded to HRCI certificants who read “Alchemizing HR: Your Formula for the New Era” and add it to their online application.

Tackling Ableism in the Workplace: HR’s Role in Addressing Subtle Discrimination

By JANIE WARNER

Since the passage of the Civil Rights Act of 1964, the workplace has been tasked with assuring that access to employment is free of discrimination based on any number of individual characteristics. The additional laws surrounding the Americans with Disabilities Act (ADA) and amendments expanded this focus even more. Today, applicants and employees may expect that discriminatory practices are nearly non-existent, however they often find this is not the case.

One area where discrimination still exists is referred to as “ableism.” Ableism is defined as “any prejudice, bias or discrimination directed towards people living with disabilities” (What is Ableism and Why It Matters, Healthline.com, 2024). It is often ingrained in workplaces, sometimes unconsciously. For HR professionals, addressing ableism is crucial to fostering an inclusive environment and ensuring compliance with legal standards.

Let’s look at some high-level policies, practices, and solutions to address this all-toocommon discrimination in today’s working world.

Why Policy Matters

Policy reviews are critical in mitigating ableism. Outdated or unclear policies can reinforce barriers to inclusion. By regularly updating workplace policies, HR can create a more supportive environment. Here are several areas HR professionals should focus on:

1. Hiring Practices: Are your job descriptions inclusive? Are you unintentionally excluding candidates with disabilities? Example: do you refer to “able-bodied” or list physical requirements that are not a bona fide job requirement?

2. Accommodations: Does your workplace provide clear and consistently applied accommodation policies? Do you have a standard process for employee requests and for your organization to assess possible accommodations? Do employees feel comfortable requesting accommodations or are managers less than enthusiastic when employees approach them with needs?

3. Performance Evaluations: Do your performance metrics include disabled employee needs and accommodations? Is everyone held to exactly the same standards? Or are considerations made for employees who need additional time to complete tasks specifically because of their disability accommodation?

4. Accessibility: Are your workspaces, technology, and communication methods accessible to all employees? Do you put yourself in the shoes of a person with a disability to see if your office spaces, buildings, furniture, and equipment are accessible to everyone?

5. Leave Policies: Do your leave policies accommodate the needs of disabled employees, including those with chronic physical or mental health conditions? Or are employees discouraged from taking time off to take care of their needs?

Examples of Ableism in Policies

Here are a few examples of ableism in workplace policies and how to address them:

• Job Descriptions with Unnecessary Physical Requirements

Many job descriptions include physical requirements that are not essential to the role, such as “must be able to lift 50 pounds.” These can discourage qualified candidates with disabilities from applying.

Solution: Tailor job descriptions to the actual needs of the job. If physical abilities aren’t critical, avoid mentioning them, or state that accommodations will be provided.

• Lack of Clear Guidelines for Accommodations

Without clear guidelines for requesting accommodations, employees may face delays or denials, creating unnecessary barriers.

Solution: Establish a transparent, accessible process for accommodation requests, and ensure managers are trained to handle them promptly. And this is especially important: Make sure that training is held regarding the “interactive process” and that all documentation is done according to strict guidelines.

• Inflexible Remote Work Policies

Rigid remote work policies can have a negative impact on employees with disabilities, especially those with mobility challenges or chronic illnesses. Solution: Offer flexible working arrangements, such as remote work options or modified schedules, to accommodate various needs. Be sure to look at rigid break schedules (for those with conditions requiring time for additional bathroom breaks, food consumption, and medication application).

The Role of Training and Education

Training, of course, is essential to dismantling ableism in the workplace. Both HR teams and the broader workforce need education on how to create an inclusive environment for people with disabilities. Among others, suggested topics could include sensitivity training, inclusivity, and DEI initiatives. Communicating the organization’s commitment to inclusion is imperative for an ableistfree workplace.

Action Plan for Addressing Ableism

HR leadership must go beyond policy reviews and actively drive change. Creating an action plan and following through on the steps below and others is the recipe for success!

Step 1: Audit Existing Policies

Start by auditing current policies to identify areas where ableism may exist. Review job descriptions, accommodation processes, and consult employees with disabilities for feedback. If you do not have a policy, you need one!

Step 2: Provide Continuous Training

Ensure all staff, especially management, receive ongoing training on disability inclusion and rights. Consider workshops, e-learning, or guest speakers to keep the workforce informed. An informed workplace is a better workplace. Be sure that this training is not optional and is included as a regular part of your workforce education.

Step 4: Establish Accountability

Hold managers accountable for promoting inclusivity. Disability inclusion goals should be part of performance reviews, and progress should be tracked regularly. Not sure where to start? Consult with a DEI professional and discuss specific concerns. Hold regularly scheduled meetings to discuss any ongoing issues or new ones that arise. Ask managers to explain how they handled each situation.

Step 5: Get People Talking!

Encourage open discussions on disability inclusion. Create forums where employees feel safe sharing their experiences and suggestions for improving inclusivity. As for (anonymous) input from all employees regarding their experiences with disability accommodations, ask, “what can we do better?”

Step 6: Monitor, Evaluate, Adjust, Repeat

Ableism can evolve over time. Regularly monitor workplace culture and adjust policies and practices as new challenges emerge. As with any policy, people and their needs expectations change over time. Be sure you are always on the lookout for ways to enhance the employee experience and make ableism a thing of the past!

Final Thoughts

Eliminating ableism in the workplace requires ongoing commitment and regular action. HR professionals are instrumental in creating an environment where all employees, regardless of ability, can succeed. By auditing policies, providing education, and holding managers accountable, HR leaders can forge the path in building truly inclusive workplaces.

Janie Warner Vice President/HR Advisory Practice McGriff

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Lessons To Be Learned on World Mental Health Day (Oct 10)

By JIM LEAHY

Three years ago, I found myself at the final stage of an interview process for a Vice President, Human Resources opportunity with an exciting 700-person startup. The final interview started by meeting with the Chief Executive Officer. We spent an hour together learning about one another. For my final I was scheduled to speak with their Chief-of-Staff. This person would operate as a peer to whomever they hired for the role.

During the interview, the Chief-of-Staff sat across from me and asked me a number of basic questions regarding my career. This interview felt more like a check-the-box type of interview, but I was happy to oblige. I was curious about the person I would potentially collaborate with to help the business find even more success. It wasn’t until fifteen minutes into the interview that the interviewer challenged me.

“What book inspired you early in your career? What book compelled you to pursue Human Resources?” he asked.

I shared with him that a former Chief People Officer I reported to had purchased me a copy of Tony Hsieh’s, Delivering Happiness. Tsieh’s book illuminated the importance of customer service and company culture in building a successful business. The gentleman immediately pushed back. “Tony’s contributions are invalid due to his poor decision and obvious mental health issues.” I was stunned. The words stung as they hit my ear. “There’s certainly no room at our company for people with mental health issues,” he shared.

I paused. This man sitting across from spoke with such conviction about people with mental health challenges. I aimed to regain my composure. I shared with him that his reaction had made me uncomfortable. He continued to push back. “At least no place on our Leadership team or within Human Resources.” I sat in disbelief. This situation had never happened to me before.

It was quite clear to me that the stigma surrounding mental health was alive and well. My shock turned into shame, but then quickly turned to anger. I shared with this person that not only was his line of questioning inappropriate, it was potentially illegal. The Americans with Disabilities Act (ADA) protects people with mental health condi-

tions from discrimination in the workplace. This includes protection from being fired, rejected for a job or promotion, or forced to take leave. I thanked him for his time. I informed him that I would no longer like to be considered a candidate for this opportunity.

Hsieh’s book played a critical role in shaping how I, a human resources professional, could deliver on behalf of my customers, prospects, candidates, and employees. Early in my career, I wrote to Hsieh and let him know that Delivering Happiness had become my go-to guide to build an authentic culture that people believe in. Three weeks after I wrote to Tony, I received a hardcover, 335-page book, signed by Hsieh that highlighted all of the facets that made up Zappos culture (Hsieh was the Chief Executive Officer at Zappos.)

In his pursuit to deliver happiness for others, it’s possible that Hsieh may have neglected his own mental health. His struggles with addiction were well documented and after his tragic passing in 2020, many of his peers shared the darker side of his endeavors.

When that former leader handed me Hsieh’s book, I remember the woman looked at me and said, “I think you’re going to enjoy this book. My only piece of advice, if I were to share with the author, is to focus less on happiness and more on engagement. Happiness is temporary but engagement has a long-lasting impact on your journey.”

I’ve reflected on what Hsieh shared in his book, the wisdom that my former leader imparted upon me, and my own lifelong struggle with anxiety and depression. In order to go above and beyond for others, in order to show up and be present, you have to first practice self-care. I’ve struggled with anxiety and depression for more than 30 years now, but I’ve learned that when I invest in myself, I can then invest in my career, in my friendships, and in my future. And when I invest in myself, no person can invalidate my story, and no amount of stigma can stop me from achieving my goals.

Jim Leahy Head of Employee Experience jim.leahy@dailypay.com www.DailyPay.com

15th Annual

November 7, 2024

Thursday

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

Grant Event Center

Union University

1050 Union University Dr.

Fall Conference

Presented by:

THE WEST TENNESSEE SOCIETY FOR HUMAN RESOURCE MANAGEMENT

In coordination with : THE LAW FIRM OF RAINEY,

KIZER, REVIERE & BELL, P.L.C.

Join us for an informative day where we will explore timely and important HR topics, including:

 Getting Directions: Legal Update – Learn about significant developments in employment law since our update last year, including the FLSA’s salary test changes, and more.

 Bon Voyage! Warning to Termination – This session will equip you to effectively and legally handle employee discipline situations including counseling strategies, giving warnings, compiling documentation, and handling terminations.

Outfitted for Adventure: Workplace Dress Guidelines – Hear a panel of HR professionals and attorneys discuss current best practices and legal considerations for dress codes, including piercings and tattoos. Scenic Route: HR Legal Case Studies – An interactive discussion of recent employment law cases and the application of relevant concepts and HR strategies.

 Exploring the Anatomy of an Employment Lawsuit – Pulling back the curtain on how the lawsuit process works. Learn what evidence, testimony, and documentation are important and why, so that you can take appropriate action to mitigate the risks before that inevitable lawsuit is filed because your company can still get sued even when it has done nothing wrong.

Explore our showcase of HR-related exhibitors. Great door prizes.

Registration Fee: $150 for WTSHRM Members

$200 for non-WTSHRM Members Join WTSHRM for only $25 at: wtshrm.org

The registration deadline is October 29. 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.

THE STRENGTH OF EXPERIENCE

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

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

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

The HRSouthwest Conference is one of the nation's largest regional education & networking events for HR professionals and proudly serves as the official State of Texas SHRM Conference!

2.5 Days of Everything HR!

Network with 1,500+ HR Practitioners

Visit with 130+ Exhibitors

Be inspired by 2 Keynote speakers

Choose from 100 educational sessions

Learn from 100 thought leading speakers

Earn 17.5+ Recertification Credits

Rates Increase October 01, 2024

Don’t pay onsite prices! Register now and save up to $150 depending on rate type.

And don’t forget, TXSHRM Chapter and SHRM Members receive discounted conference rates.

www.hrsouthwest.com

#hrswc

9 CHALLENGES HINDERING INCLUSIVE WORKPLACES

WHICH OF THESE ARE YOU ENCOUNTERING AT WORK?

1. OVERCOMING BIAS & RESISTANCE

2. CREATING SUSTAINABLE I&D STRATEGIES

3. BALANCING INCLUSION WITH COMPLIANCE

4. ADDRESSING INTERSECTIONALITY

5. FOSTERING INCLUSIVE LEADERSHIP

6. COMMUNICATING I&D EFFECTIVELY

7. ENSURING EQUITABLE OPPORTUNITIES

INCREASE IN PROGRAMMING FOR INCLUSION 2024! INTERSECTIONALITY

8. MANAGING DIVERSE TEAMS

9. ADAPTING TO CHANGING WORKPLACE DYNAMICS

e ective tactics to mitigate these issues.

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SHRM RESEARCH ON

ALEXANDRIA, VA – SHRM, the trusted authority on all things work, launched its “Employee Mental Health in 2024” Research Series. The research reveals a concerning landscape where a significant portion of workers face challenges affecting their mental health and productivity at work. (May 1, 2024)

Approximately half of workers report feeling used up (51%), emotionally drained (45%), or burned out (44%) from their work. Additionally, stress, overwhelm, and anxiety are prevalent feelings among employees, highlighting the urgent need for organizations to address mental health issues proactively.

In recognition of Mental Health Awareness Month and as part of its ongoing commitment to assess American workplace conditions as they pertain to HR considerations, SHRM is proud to advocate for positive and constructive workplace cultures that protect employees’ mental wellness and promote healthy work-life integration.

“As we shine a spotlight on the connection between workplaces and mental health this May, SHRM is honored to share its findings on this pivotal relationship,” said Johnny C. Taylor, Jr., SHRM-SCP, President and CEO, SHRM. “Our research underscores the role that mental health plays in employees’ decisions to leave their jobs and establishes a history of employees enduring difficult coworkers and people managers in order to achieve their career goals. We urge all organizations to consider employee mental health as they develop dynamic strategies for talent retention and employee engagement.”

Key Findings:

• 35% of people say their job has a negative effect on their mental health. Fewer workers reported their job has a neutral or positive effect on their mental health.

• More than half of workers feel pressured to prioritize organizational well-being over their personal well-being (52%), putting workers in difficult situations where they must decide between protecting their jobs or advancing their careers and their personal well-being.

• 50% of workers say they do not feel comfortable using or asking for mental health resources at their organization or business.

• At least 1 in 5 workers report they have taken a lower-paying job (34%), pursued a different career (26%), or left a job without having another one lined up (22%) to protect their personal well-being.

• 33% of people managers say their leadership role is not worth the stress that comes with it.

• 40% of people managers said their mental health declined when they entered a managerial or leadership role.

Methodology:

A sample of 1,405 U.S. workers were surveyed from January 30 to February 1, 2024, using a third-party online panel. All workers were paid employees of an organization. Data is unweighted.

About SHRM

SHRM is a member-driven catalyst for creating better workplaces where people and businesses thrive together. As the trusted authority on all things work, SHRM is the foremost expert, researcher, advocate, and thought leader on issues and innovations impacting today’s evolving workplaces. With nearly 340,000 members in 180 countries, SHRM touches the lives of more than 362 million workers and their families globally. Discover more at SHRM.org

OnJune 28, 2024, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, Secretary of Commerce and Relentless, Inc. v. Department of Commerce (Loper Bright), overturning Chevron U.S.A. Inc v. Natural Resources Defense Council, Inc. (Chevron). In this landmark case, Loper Bright overruled the forty-year doctrine known as “Chevron deference,” whereby courts defer to an administrative agency’s reasonable interpretation of ambiguous federal laws, even if the court disagrees with the agency’s interpretation. Instead, Loper Bright held that courts must exercise independent judgment in deciding whether an administrative agency has acted within its statutory authority, and may not automatically defer to an agency’s legal interpretation when a statute is ambiguous.

It is unclear exactly how broadly Loper Bright will be interpreted by future courts and what its effect will be on regulations that were previously upheld under Chevron. However, whereas under Chevron, agency rules and regulations could generally only be challenged in the courts on the grounds that they were unreasonable, now, even if the interpretation is reasonable, they can be challenged by asking a court whether the agency’s interpretation is the correct one, and the court will make that call.

As a result, in the wake of Loper Bright, we anticipate there will be an influx in the number of challenges to agency rules and regulations –particularly in situations where litigants find the rules and regulations unfavorable or onerous. We have highlighted below some benefitsrelated guidance that is viewed as controversial by those impacted by the guidance and some of the current and/or possible future challenges to these rules.

ACA Section 1557 Final Regulations on Gender Identity

Section 1557 of the ACA prohibits discrimination on the basis of race, color, national origin, sex, age, and disability in health programs and activities receiving federal funding from the Department of Health and Human Services (HHS). It was the first federal civil rights law to prohibit

Chevron No More: The Impact on Benefits Plans

By SUSIE BILBRO, DOUG DAHL, and KIMIA MOVAHED

discrimination in health care based on sex. Under both the Obama and Trump administrations, HHS issued rules interpreting Section 1557 –with the interpretations varying based on which political party was in office – and these rules have been the subject of several legal challenges. In the latest enforcement action, on May 6, 2024, HHS published final regulations implementing Section 1557 (the Final Rule).

The Final Rule requires plans and plan sponsors that receive funding from HHS (Covered Entities) to include gender identity in consideration of what constitutes unlawful discrimination, and prohibits Covered Entities from excluding gender-affirming care from coverage. Following the issuance of the Final Rule, several states filed lawsuits against HHS, and currently, there are twenty-six statewide injunctions that prevent implementation of the Final Rule’s gender identity provisions. Notably, the order issued by the U.S. District Court for the Southern District of Mississippi prohibits HHS from enforcing the gender identity provisions of the Final Rule nationwide.

2024 DOL Investment Advice Final Rules

On April 23, 2024, the Department of Labor issued final rules (Investment Advice Final Rules) that significantly expanded the definition of an investment advice fiduciary, altering the landscape for individuals and entities providing investment advice and education to ERISA plan participants. This prompted concern in the investment industry, as well as among the public and individuals in Congress, that the Investment Advice Final Rules would threaten access to financial tools and education needed by plan participants and their families. In May 2024, two lawsuits were filed in Texas district courts relating to the Investment Advice Final Rules, with plaintiffs alleging that the Department of Labor exceeded its rulemaking authority under ERISA, the Internal Revenue Code and the Administrative Procedure Act. Both district courts issued nationwide stays on the Investment Advice Final Rules.

Regulations under the Mental Health Parity and Addiction Equity Act

The Mental Health Parity Act of 1996 and the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) prevent large group health plans from imposing annual or lifetime dollar limits on mental health

or substance use disorder benefits that are less favorable than any such limits imposed on medical/surgical benefits. A final regulation implementing MHPAEA was issued in 2013. A comprehensive proposed rule amending those regulations was issued in August 2023, and following a notice and comment period, on July 1, 2024, final regulations under the MHPAEA were submitted for review by the Department of Labor to the Congressional Budget Office. These new regulations (the 2024 regulations) are expected to be finalized and published in the coming months. The 2024 regulations are expected to increase requirements for insurance providers to provide access to mental health and substance abuse care or treatment. Assuming the 2024 regulations do not vary significantly from the 2023 proposed regulations, the final regulations will amend and expand the technical requirements of the MHPAEA and establish new guidelines on non-quantitative treatment limitations. If and when the 2024 regulations are issued, insurance providers and sponsors of self-funded health plans may challenge the rule given the complexities of compliance, and the increased cost these entities will bear in complying with the rules.

Given the evolving post-Chevron legal landscape, our Employee Benefits team is closely monitoring challenges to agency rules and regulations to determine what guidance remains in effect and how it may be changed over the coming months and years. Our Employee Benefits team is available to provide future updates as challenges emerge. In the meantime, if you have any questions concerning current challenges and the impact of these challenges on the administration of benefit plans, please contact a member of our Employee Benefits Practice.

Reprinted from Bass, Berry & Sims HR Law Talk Blog

Susie Bilbro, Member sbilbro@bassberry.com

Susie Bilbro advises clients across a range of industries on all aspects of employee welfare benefit and retirement plans, including design, structure, implementation, day-to-day administration and termination of retirement and health and welfare benefit plans.

Doug Dahl, Member ddahl@bassberry.com

As chair of the firm’s Employee Benefits Practice Group, Doug Dahl provides technical knowledge and advice to companies on a wide range matters involving employee benefits and executive compensation arrangements, including qualified and nonqualified retirement plans, health and welfare plans, and equity incentive plans. Doug regularly advises companies on employee benefit issues that arise in connection with various corporate transactions and events, such as mergers, acquisitions, and dissolutions. He currently represents companies in various interactions with the Internal Revenue Service (IRS), the Department of Labor and the Pension Benefit Guaranty Corporation (PBGC), including correction programs and plan terminations.

Kimia Movahed, Associate kimia.movahed@bassberry.com

Kimia Movahed counsels clients on the design, implementation and administration of qualified employee benefit plans, health and welfare benefit plans and deferred compensation packages. She also provides advice on employee benefits and compensation issues arising in mergers, acquisitions and other corporate transactions.

Biden-Harris Announce Final Rule to Ensure Mental Health Care Coverage for All

The final rule strengthens consumer protections by reinforcing MHPAEA’s fundamental purpose that all Americans should have the same access to mental health and substance use benefits as they do physical health benefits. And it will help lower families’ health care costs by making it easier to access mental health and substance use care and getting rid of barriers that keep people from getting the care they need, when they need it, for a price they can afford. Specifically, the final rule will:

• Require health plans to make changes when they are providing inadequate access to mental health and substance use care. In 2020, Congress made changes to MHPAEA that require health plans to conduct meaningful comparative analyses to make sure that they are not making it harder for individuals to access mental health and substance use benefits than it is to access medical benefits. Today’s new requirements make it clear that health plans need to evaluate their provider networks, how much they pay out-of-network providers, and how often they require – and deny – prior authorizations. The outcomes of these evaluations will show plans where they are failing to meet the law’s requirements, and where they will need to make changes to come into compliance, like adding more mental health and substance use professionals to their networks or reducing red tape for providers to deliver care.

• Make it clear what health plans can and cannot do. Health plans cannot use more restrictive prior authorization, or other medical management techniques, or narrower networks to make it harder for people to access mental health and substance use disorder benefits than their medical benefits. Health plans also have to use similar factors in setting out-ofnetwork payment rates for mental health and substance use disorder providers as they do for medical providers.

• Close existing loopholes. When MHPAEA was first enacted, it did not require non-federal governmental health plans, like those offered to state and local government employees, to comply with its requirements. Today’s final rule closes that loophole, and now requires more than 200 additional health plans to comply with MHPAEA, providing critical protections to 120,000 consumers.

Thanks to the Biden-Harris Administration, these new requirements will help more people get the mental health and substance use care they need while also making sure that mental health and substance use care professionals are paid fairly, likely incentivizing more people to join the mental health workforce. In addition to today’s final rule, the Department of Health and Human Services is also releasing new tools for states to ensure compliance with MHPAEA’s critical protections for the millions of Medicaid beneficiaries enrolled in private Medicaid health plans.

EMPLOYMENT LAWS ARE CONSTANTLY CHANGING. DON’T GET LEFT BEHIND.

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Become your workplace’s employment law expert! Join us Nov. 20, 2024 in Washington, D.C.

August 27-29, 2024 | Galt House Hotel | Louisville

Celebrate 40 Years of Excellence with Us!

August 27 | 12:30 p.m.

STEVE BROWNE

Chief People Ofﬁcer, LaRosa's

offers valuable training, networking, and education opportunities, bringing together hundreds of human resources professionals from across the Commonwealth. Regardless if you are a seasoned HR veteran, an emerging professional, or a college student exploring the field, attending this conference will provide insights and strategies to enhance your workforce’s skills, productivity, and overall satisfaction.

August 28 | 8:45 a.m.

SIMON T. BAILEY

Award-winning keynote speaker, coach, and author

August 29 | 11:45 a.m.

APRIL SIMPKINS SHRM-CP, PHR Chief Human Resources Ofﬁcer, Questco

HIGHLIGHTS

1 Dr. Kathy Tuberville, conference chair, welcomed attendees to Memphis, Dr. Tuberville also led two concurrent sessions on “Women in Leadership.” 2 Brad Federman, President of SHRM-mphis, introduced the closing keynote speaker on Wednesday. Brad was also concurrent speaker on “Fast Forward; Strategic Change for Today’s Workplace.” Brad is also CEO of PerformancePoint, LLC, who was also an exhibitor. 3 Johnny C. Taylor, Jr., President and CEO of SHRM, was the opening keynote speaker on Monday. His topic was “The New Abnormal: Reimagining HR with Civility and Innovation.” 4 Dr. Trish Holliday was the keynote speaker twice on Sunday for the Student Track and all tracks. Her first topic was, “Reimagine Your Career: Don’t Let Your Fears Hold You Back.” She also presented, “It’s All About Elevating the Employee Experience.” 5 Johnny C. Taylor, Jr. with the Tennessee SHRM CHROs at the “CHRO Coffee with Johnny” event sponsored by First Horizon. 6 TNSHRM24 Core Conference Committee 7 TN SHRM’s first-ever Young Professionals Super Sunday event featuring emerging HR leaders. 8 Paul Allen, Founder and CEO of Soar, Inc., was the closing keynote speaker on Wednesday. Allen presented “Harnessing AI for the Future of HR.” Allen is also the former founder and CEO of Ancestry.com. 9 Joey Aviles, Cultural Transformation Expert, was a speaker for the Student Track. He spoke on “New Heights: A Road Map to Achieve Human Connection, Power Up and Thrive.”

10 SafeHaven Security Group was an exhibitor and sponsor of the reception at the Civil Rights Museum on Tuesday night. Tim Keck, not pictured was a concurrent speaker on Monday. His topic was “Reimagining Active Shooter Training: Strategies for Prevention.” He also presented, “Reimagine Workplace Safety: Strategies to Effectively Resolve.” 11 The Lorraine Hotel was the setting for the Tuesday evening reception at the Civil Rights Museum hosted by SafeHaven Security Group. 12 Dr. Shelley Kemp with Elvis at the Marketplace Reception on Monday evening. She and Tyler Stegall also led discussions with the emerging professionals on Sunday. 13 Will Brown with The Benefits Group was an exhibitor and a concurrent speaker. He and Chris Tasik and Nadian Zak discussed “Finding Recruiting Solutions in Hidden Places.” 14 Max Osburn, VP of Business Development at FedLogic, LLC, spoke on “Reducing Healthcare Spend by Helping Employees Navigate their Federal and State Benefit Options.” They were also exhibitors. 15 Julie Henderson, Chief Revenue Officer, and Tammy Henry, VP of Client Success (not pictured) spoke on “Revolutionizing Background Screening.” Data Facts was also an exhibitor. 16 Tennessee college and university students enjoyed a full day Sunday focused on the Student Track. 17 Lavetta Hudson, VP of People and Culture at Southwest Tennessee Community College, was the grand prize winner of the HR Conference Cruise in March 2025. Mike Medoro with Aspect Marketing sponsored the grand prize. 19 Dr. Derriell Springfield with WGU 19 (L-R) Matthew Courtner and Geoffrey Lindley are employment law attorneys with Rainey Kizer Reviere & Bell & PLC .The firm was an exhibitor at the conference. 20 Tiffany Brown, SHRM-CP, and Monique Akanbi, SHRM-CP, presented the benefits of SHRM Certification.

Getting the People Equation Right by Logan Loomis

By WILLAM R. CARMICHAEL

One quick question. Whose responsibility is it to identify the right person to hire? Recruiting, HR, the manager? All the above? Unfortunately, it depends upon the organization but one factor is emerging; the recruitment/hiring process is quickly becoming a “decision science,” one that uses a collection of qualitative and quantitative techniques to inform decision-making and candidate placement.

In Getting the People Equation Right: How to Get the Right People in the Right Jobs and Keep Them (second edition), Logan Loomis walks the reader through a comprehensive yet simple-to-understand formula for hiring and retaining people that is relatable to all types of organizations. What sets this book apart from others is that it draws the reader into each part of the formula with logical explanations and the use of real-life examples to support the “equation.” In addition, it discusses the use of data and analytical tools in hiring decisions and the considerations of using them. This book is about critical factors for achieving an organization’s growth and profit potential, specifically, the ability to get the right people in the right jobs, keep them, and grow them.

What is the People Equation?

Let’s begin with Logan’s primary formula:

Attitude (Suitability) + Qualifications (Eligibility) + Culture

Fit = Job Success

What first appears to be overly general variables are, in fact, measurable through the use of people analytics. Also referred to as workforce analytics or HR analytics, it is now the practice of analyzing data about people to solve problems. It’s a datadriven approach that involves collecting and analyzing employee data to make informed decisions that can improve business outcomes. According to Loomis, a candidate’s eligibility is easily determined based on a scorable value for each person’s skill, experience, and education. However, a person’s suitability, or their intrinsic motivation and behavioral tendencies, once thought as too subjective, can now be measured using common HR analytic software.

Getting the People Equation Right outlines a proven formula for making good people decisions and avoiding hiring mistakes. It is what Loomis refers to as a practical method for getting the right people in the right jobs and keeping them. Here, Loomis shows the reader how to identify strong performance potential: people who can both do the job and have the traits and qualities needed to excel. Readers learn how to discover why current top performers perform so well and how to use that understanding to hire other top performers. Loomis provides an intriguing insight into counter-productive job behaviors such as being harsh, authoritarian, dogmatic, permissive, inflexible, or dominating. The author also shows us how to identify these counter-productive behaviors in people before you hire them.

Getting the People Equation Right examines five simple but powerful management practices that great managers use to retain top talent. In short, it offers readers a practical method for getting the right people in the right jobs, together with concrete management practices that help managers retain top talent and build great places to work.

Every leader today has the heightened challenge of getting the right people in the right jobs. The author contends that you will not be equal to that challenge if you follow the traditional approach for making a hiring decision; that is, assessing qualifications, experience, education, and skill set, then conducting an interview that is inherently subject to confirmation bias.

Takeaways

Logan has captured the essence of what research proves to be accurately predictive while being practical to implement. He points out that “People are NOT your greatest asset. The right people, in the right jobs, effectively led, are your greatest asset.” Jim Collins socialized this idea years ago and Logan takes it to the next level with an approach that all recruiters and leaders should consider as their go-to plan for assessing, hiring, and developing every candidate/employee.

But getting the right people in the right jobs is only part of the story. The rest of the success story is keeping them and this takes leadership. The People Equation helps identify people who can do the job successfully. This book sets out five commitments leaders and managers can make that will unleash individual talent and create a work environment that helps everyone succeed and organizations flourish. Our HR readers will especially appreciate the emphasis Logan makes on developing job descriptions that capture outcomes, nonnegotiable activities, and measurements.

Structure and Layout

Well-researched and written, Getting the People Equation Right: How to Get the Right People in the Right Jobs and Keep Them (second edition) is immediately applicable for those responsible for their organization’s recruiting efforts. Although a front-to-back approach is recommended, its table of contents will undoubtedly entice many readers to engage in the more relevant management and leadership applications found throughout. At 167 pages, Getting the People Equation Right is a quick, informative read.

Who Will Benefit Most from This Book?

Managers at any level, Recruiters, Senior-level Executives

About the author: Logan Loomis provides executive coaching, consulting, and professional training to companies and their leaders to help them unlock performance potential in their people and their businesses. He also emphasizes the use of people analytics to help companies align their business strategies with their people strategies to get the right people in the right jobs, and, most importantly, keep and grow them. Logan holds a BA degree from the University of Texas, Austin, and a JD degree from Southern Methodist University.

William Carmichael, Ed.D., CPTM Consultant wcarmichael@gmail

https://www.linkedin.com/in/wcarmchl/

2024 Co f & E

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