Sept./Oct. Southern Indiana Business Source

SEPTEMBER/OCTOBER 2015

Breaking Barriers BENNY CARTER Owner Primo’s Deli

+ Spotlight Women and minorities in business

EDITOR’S MESSAGE

Bill Hanson

Success isn’t black or white

W

PUBLISHER bill.hanson@newsandtribune.com

Daniel Suddeath

EDITOR daniel.suddeath@newsandtribune.com

Mary Tuttle

Daniel Suddeath Editor

ADVERTISING DIRECTOR mary.tuttle@newsandtribune.com

Stephen Allen

PRODUCTION MANAGER stephen.allen@newsandtribune.com

Brandi Jones

DESIGNER brandi.jones812@gmail.com

hen I told Benny Carter on the telephone that fish is the only meat I consume, he vowed to have something special waiting on me when I stopped by the following week for the interview.

I had listened to Carter during a New Albany Board of Public Works and Safety meeting earlier that day, where he asked the city to dedicate a loading zone in front of his business, and was reminded a feature was in order on his downtown eatery, Primo’s Delicatessen.

Honestly, I needed Carter more than he needed me. While free publicity never hurts, Carter has done a great job spreading the word about his business through social media and word-of-mouth.

As editor of Southern Indiana Business Source, one of my responsibilities is to work with our staff in selecting cover stories for the publication. This edition is dedicated to women and minorities is business, and I was hoping to find a person with a unique story to tell that matched the description of the magazine theme.

Carter was the perfect fit to highlight for this edition.

Not only is Carter a black business owner, he’s a dynamic person. A few minutes inside his deli and you feel like you’re one of his friends.

His welcoming personality was even more exemplified by the fish tacos I had waiting on

me when I stopped by for the interview. But it’s not like I’m anything special, as Carter regularly goes off the menu to whip up a request for his customers.

In many ways, it matters very little that Carter is a black business owner. He’s a good entrepreneur, and that’s all that should count.

But on another level, it’s critically important to our community for the stories of people like Carter to be told. He serves as a solid example to everyone, but especially for minorities who are considering starting their own business.

Southern Indiana is blessed to have a variety of cultures represented in its dining offerings.

In downtown New Albany, where Primo’s is located, there’s Cuban, Italian and French cuisines available.

Beyond food, it’s important for us to embrace people for what they contribute to our society. In some cases, we have to move beyond stereotypes and assumptions and meet people where they are, instead of where we believe them to be.

While equality is the goal, there will likely always be minority groups, and for the foreseeable future, a struggle will continue to ensure women have equal treatment in pursuing their professional dreams.

It’s our obligation to celebrate success in business on all fronts, especially those who have overcome traditional barriers and statistics. Thank you for reading this edition of SIBS.

Christopher Fryer

PHOTOGRAPHER christopher.fryer@newsandtribune.com

CONTRIBUTING WRITERS TODD LOGSDON LAUREN CLAYCOMB PAUL SANDERS JOHN WOODARD AMANDA WARFORD EDGE AFTON YAEGER CHRISTIA WILLETT

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SOUTHERN INDIANA BUSINESS SOURCE 221 Spring Street Jeffersonville, IN 47130

4 :: SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER 2015

Inside Owner Benny Carter is pictured in the dining room at Primo’s Delicatessen located along Main Street in downtown New Albany.

Staff photo by Christopher Fryer

Cover

Hungry for more

Primo’s Deli owner seeks to grow business in downtown New Albany Page 18

PARTNERS

FEATURE

12

Community Montessori Nurtury

Allowing children to lead the way -- focusing on independence and problem-solving

Q&A

17

Q&A: Gay Marriage

Attorney Brandon Smith discusses what gay marriage ruling means in the business world

07 Law Talk

25 Labor Laws

Pregnancy Discrimination

New Guidance Regarding Pregnancy Discrimination and Light Duty Accommodations

08 Book Review

28 Personnel Promotions

Marketing Minute

16 By the Numbers

Local business featured announcements

Workforce Statistics for women and minorities

29 Finance

Women’s guide to a rewarding financial future

SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER :: 5

LAW TALK

What to expect when your employee is expecting John Woodard, Jr. & Amanda Warford Edge Wyatt, Tarrant & Combs, LLP :: wyattfirm.com

F

ederal law has long forbidden employers with 15 or more employees to discriminate on the basis of pregnancy, childbirth, or related medical conditions (i.e., lactation). This year the United States Supreme Court in Young v.

UPS made it significantly easier for a pregnant woman who is denied workplace accommodations to succeed in a discrimination claim against her employer.

In Young v. UPS, the Supreme Court held that despite having a neutral accommodation policy, UPS may have violated the Pregnancy Discrimination Act by refusing to provide light duty work as an accommodation to a pregnant delivery driver named Peggy Young. After Young became pregnant, her doctor advised her to not lift more than 20 pounds. UPS policy required its drivers to lift up to 70 pounds, and it was UPS’s policy to only offer light duty work to three categories of drivers: Drivers who were injured on the job; drivers who lost their DOT certifications due to illness or injury; and drivers who suffered from a disability under the Americans with Disabilities Act. Since Young did not fit any of these three categories, UPS denied her request for light duty work.

Young sued claiming pregnancy

discrimination. UPS argued that its decision to deny a light duty accommodation was not discriminatory because UPS was following a neutral policy that did not take pregnancy into account. The Supreme Court disagreed. It held that Young might have a viable claim under the Pregnancy Discrimination Act if she could show that UPS’ policy imposed a “significant burden” on pregnant workers and if UPS cannot demonstrate a “sufficiently strong” reason to justify that burden.

The Supreme Court’s decision in Young v. UPS makes it more important than ever for employers to understand their obligations to pregnant employees.

EMPLOYERS SHOULD EVALUATE REQUESTS FOR ACCOMMODATIONS CAREFULLY.

Employers who provide accommodations to workers with nonpregnancy related

continued on page 10

SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER :: 7

BOOK REVIEW

Marketing Minute

Review by Paul Sanders

M

Image via www.mktgminute.com

arketing: whether you’re an entrepreneurial start-up or a multimillion dollar conglomerate, marketing is the pivotal base of your business success.

And while most of us have been exposed to it since we were born, successful marketing remains a major challenge for business.

Simply put, marketing is the process of communicating the value of your product or service in order to increase sales for your company. Without marketing, your message will not reach customers.

Marketing is far from simple however. Just the types of marketing can be overwhelming to the uninitiated. Relationship, business, industrial and societal marketing top the long list that has in recent years been dominated by buzzwords like branding and e-marketing. It may seem like marketing re-

quires large amounts of time and help from experts to work.

“The Marketing Minute: A Year’s Worth of Daily Marketing Ideas Designed to Instigate and Inspire,” by Allen Howe can help surmount those needed Herculean efforts and make it seem like great creative fun. Whether you are a novice or so experienced you can write marketing plans in your sleep, this is a must-read gem of a book that highlights and clarifies with insight and intelligence.

Howe is President and Creative Director of Ideology Marketing + Design that he founded in 1997 in Southern Indiana. With more than 30 years in marketing and advertising, he has led his organization to national award-winning prominence.

As his first book, “The Marketing Minute”

8 :: SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER 2015

hits the bull’s eye in making us consider marketing as a daily function of business. Howe introduces the book as a “sort of ‘devotional’ for the reader looking for some daily marketing inspiration, or as a reference for someone who needs to focus on a specific area.”

The book is divided into 13 four-week sections for a total of 52 weeks of fresh daily marketing ideas. Careful grouping in this way allows them to build upon one another, overflowing into a rich collection of insights that build enthusiasm while educating. In a “noisy marketplace,” Howe’s book sounds a siren’s call that can enable businesses to get their message heard.

The reader is further engaged with “Action” questions and suggestions

and space on each page for the reader to make notes about how to apply a particular idea to their situation.

Day One, under the heading of Branding, illustrates: “Would you like to know how well your own people understand your brand? Try this test. Without preparing anyone ahead of time, have all of the key people in your organization (including yourself ) write down a single sentence describing what makes you different.

Collect them all and compare notes.”

Howe asks the reader to determine what three things would strengthen employees’ concept of your brand.

Other section topics include: Ex-

ecute (Get the details right to get your message heard); Innovate (Anticipate customer needs); and Change Channels (Identify the right media for your mes-

“The Marketing Minute” shows how using a small amount of time can have an enormous impact. sage). The ideas are timely, particularly those dealing with changing technology.

They range from learning how to place your morning donut order on line to determining CPL (cost per lead) advertising on websites.

SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER :: 9

continued on page 10

Book Review: Marketing Minute continued from page 9

Expecting Employees continued from page 7

The author is an adept storyteller as well as an expert on successful marketing history.

His examples are appropriately and entertainingly broad brush, ranging from Walt Disney to the HBO series “True Blood.”

Whether marketing to a multi-national client like Apple or Google or to the local health club down the street, Howe’s ability to help you decipher the marketing code is the focus.

For something that we have been experiencing all of our lives, many of us--and our organizations--handle marketing poorly.

Howe’s book stands as necessary reading if you want to identify and implement ideas that can make marketing both successful and exciting. Read it today—don’t waste another marketing minute. ::

Paul Sanders is an award-winning writer who worked for the past 10 years in the training industry with bestselling authors including Stephen Covey, Ken Blanchard and Tom Peters. He is an adjunct professor who works with the Sullivan University Dale Carnegie Group.

limitations, must consider similarly accommodating workers with pregnancy related limitations. The fact that it may be more expensive or less convenient to accommodate a pregnancy related limitation is normally not sufficient grounds to deny an accommodation.

2. EMPLOYERS SHOULD CONSIDER THEIR PRIOR ACTIONS WHEN ACCOMMODATING EMPLOYEES.

Employers who receive an accommodation request from a pregnant worker should not turn down that request if they have granted a similar accommodation to a non-pregnant worker unless they have legitimate and sufficiently strong non-discriminatory reasons for treating pregnant workers differently. Likewise, employers should not accommodate a large percentage of non-pregnant workers while failing to accommodate a large percentage of pregnant workers.

3. EMPLOYERS SHOULD REVIEW AND UPDATE THEIR POLICIES.

Employers should update their existing accommodation policies and establish procedures for determining when accommodations are necessary and appropriate. Employers should also review their leave and anti-discrimination policies to be sure they are in compliance with the Pregnancy Discrimination Act, and supervisors should be trained on how to recognize and respond to accommodation requests by pregnant employees. ::

John Woodard has extensive experience handling a wide variety of matters including labor and employment matters, contract negotiation, real estate development, and all types of business litigation. He is licensed to practice law in both Indiana and Kentucky.

Amanda Warford Edge represents clients in a variety of cases, including employment matters and commercial disputes. She is licensed to practice law in both Indiana and Kentucky.

10 :: SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER 2015

1 in 8

women will develop breast cancer in their lifetime.

You can help change that.

Sponsor a table for eight at the 2015 Power of Pink Gala.

The Power of Pink is a Southern Indiana organization dedicated to helping raise awareness and funding for men and women facing breast cancer. The Power of Pink Gala is our annual drive to secure funds.

Your sponsorship of the Power of Pink will support the Pat Harrision Resource Center and will help Southern Indiana breast cancer patients and their families receive care, comfort and support services in their journey through treatment.

For more information about becoming a table sponsor, contact Bill Hanson at 812-206-2134 or bill.hanson@newsandtribune.com.

Secure your tickets today.

Proceeds will benefit the Norton Cancer Institute Pat Harrison Resource Center.

Friday, Oct. 23

Reception — 6:30 p.m.

Kye’s • Jeffersonville

Events include: Reception Bourbon tasting station with Heaven Hills Brands Dinner Silent Auction Live auction with Kevin Harned, WAVE 3 Chief Meteorologist

FEATURE

A mind of their own Community Montessori nutury allows children to take the lead Daniel Suddeath :: Photos by Christopher Fryer

It

may not be a new concept, but Community Montessori Charter Public School is leading the way in Southern Indiana when it comes to a style of infant and toddler childcare that is based on independence and problemsolving.

The school is offering public daycare services for the first time, as its Community Nurtury is open to 0-3 yearolds, though the program coordinates with the philosophy of the school.

A principle of Community Montessori is self-sustainability, and so crawling on hands and knees to meet every demand of a toddler isn’t a method the institution is likely to incorporate when it comes to childcare.

The school seeks to instill a process of “meeting children where they are in their developmental needs” through its nurtury program.

The childcare system is based on an approach by Magda Gerber, who is the founder of Resources for Infant Educators, or RIE. The program emphasizes independence and responsibility for infants and toddlers.

“There’s a lot more about what children can do under this philosophy than what they can’t do,” said Community Montessori Director Barbara Burke Fondren.

Childcare at Community Montessori launched more than a decade ago in response to staff needs for childcare.

Fondren said the school decided to expand the program to the public after a successful start as an employee-only daycare.

In 2015, Community Montessori bought property and a house next to the school campus to serve as the home of the nurtury. Staff members and parents of students volunteered their time to reconstruct the house into continued on page 14

They’re capable of so much more than we give them credit for

12 :: SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER 2015

Director Barbara Burke Fondren is pictured in The Community Nurtury, for 0 to 3-yearolds, at Community Montessori in New Albany.

STAFF PHOTO BY CHRISTOPHER FRYER

SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER :: 13

FEATURE Nurtury continued from page 12

The Community Nurtury, which opened August 3, is pictured on the campus of Community Montessori in New Albany.

STAFF PHOTO BY CHRISTOPHER FRYER

a daycare facility, and their efforts reduced the anticipated project time by several weeks.

Outside the facility, children are greeted by spacious play areas and a peaceful view of the countryside.

But it’s the inside of the nurtury that might have some people questioning whether they’re actually stepping into a daycare.

There’s no clunky toys, plastic fixtures and flashy colors as you might see in some daycares.

The cupboards are bare when it comes to plastic cups, bowls or plates. The kids eat and drink from kitchen wares made out of real material that are just adjusted to meet the size of the user.

Features designed for children don’t end in the kitchen. The bathroom area doesn’t have toilets with the typical booster seats for infants and toddlers.

Instead, the toilets were constructed out

14 :: SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER 2015

of real material, just created much smaller so that a kid doesn’t have to be placed on the toilet in order to use it.

The daycare supervisors monitor the children’s activities, but they let the toddlers and infants figure out their own trials and errors instead of constantly correcting them.

“They’re capable of so much more than we give them credit for,” said Melissa Weissinger, expansion development coordinator for Community Montessori.

The goal is to have the kids learn to use the day-to-day mechanisms of life without much aid, if any, from an adult. And the autonomy also extends into other daycare operations.

There are no set meal times in the nurtury, as children decide when they are hungry.

Part of Community Montessori’s philosophy is to teach students independence, and so children in the nurtury begin learning those traits early in life, Weissinger said.

There’s a need in the community for this type of childcare, and it helps build trust between adult and child when toddlers and infants learn to be more self-reliable, Fondren said.

“We want them to feel that sense of security in their environment,” she said.

Fondren emphasized the nurtury isn’t a for-profit endeavor, but rather a response to the need for meticulously-planned childcare services that center around improving functional skills in toddlers and infants.

“It’s for the families that are very consciously trying to raise their children,” she said. “We want to be a partner with them.”

Community Montessori received a grant from the Horseshoe Foundation of Floyd County to assist with the project.

The nurtury is equipped for 16 children, though Fondren said the school is open to constructing another house to add daycare space.

The nurtury hours are 8 a.m. to 5:30 p.m., and the facility opened in August and is accepting children for enrollment. For more information, visit the website www. shiningminds.com.

ABOUT COMMUNITY MONTESSORI The public charter school launched in 1997 and has about 600 students. It is located at 4102 St. Joseph Road in Floyd County.

SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER :: 15

By the numbers

A look at statistics for women and minorities in the U.S. Workforce Weekly Average Median Salaries 897

White Men

Women

Men

Unemployment 6.8% Hispanic/Latino Men 8.2% Hispanic/Latino Women 12.2% Black Men 10.5% Black Women 5.2% White Women 5.4% White Men

680

734

$

$

611

Black Women

$

719

$

White Women

$

871

Black Men

$

Highest Employment Sectors 2014

EDUCATIONAL AND HEALTH SERVICES

36% (FOR WOMEN)

57%

Women  Men

Women participating in the workforce

2014

70%

Women participating in the workforce with children age 18 and under

WHOLESALE AND RETAIL TRADE

14.7% (FOR MEN)

All the numbers are provided by the U.S. Department of Labor

16 :: SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER 2015

Q&A

Q&A: Gay Marriage

What gay marriage ruling means in the business world The U.S. Supreme Court’s ruling to legalize gay marriage in June cleared the way for homosexual couples to marry in every state, but what does it mean for businesses? How are employees and their spouses, as well as employers, affected by the new law?

Attorney Brandon Smith — a lawyer with the New Albany firm Faith, Ingle, Smith, and legal advisor for Southern Indiana Equality — answered some questions from Southern Indiana Business Source about what the federal ruling means for Hoosier workers and employers.

Q1 How does the new law affect gay employees who can now legally marry in terms of benefits such as medical coverage and life insurance?

subject to local protections. Many employers, however, voluntarily choose not to discriminate and create internal protections through language in their employee manuals.

Smith: Health insurance companies must honor a legallyauthorized marriage and treat same-sex married couples as they would opposite-sex married couples. At this time, the picture is less clear as to other types of insurance, but companies who choose to discriminate will likely face strong legal challenges.

Q4 What penalties might an employer face if they discriminate against an employee because of their sexual orientation?

Does it differ state-to-state?

Q2 What recourse do Hoosier employees have if they face discrimination based on their sexuality?

Smith: Unlike other states, Indiana lacks state-wide protections for all citizens based on sexual orientation and gender identity (some limited protection exists for state government employees based on executive action). Some local ordinances (such as New Albany’s) provide limited protection against employment discrimination. No private right of action for discrimination against sexual orientation exists at the state level, and the Indiana Civil Rights Commission is not required to investigate such complaints. Affected employees in a locality with protection can bring claims to a local Human Rights Commission.

Q3 Do employers have any legal ground to deny benefits to the spouses of gay employees if the same options are available to heterosexual employees?

Smith: Yes. Because Indiana lacks protections based on sexual orientation, employers can theoretically deny benefits on that basis

Smith: Protections based on sexual orientation and gender identify vary widely from state-to-state. Indiana law does not prohibit discrimination based on sexual orientation, so no penalties exist except in some localities. Employers may be subject to corrective action or money damages depending on local ordinance. Employers may also open themselves to liability where they violate anti-discrimination language in employee manuals Most of the largest employers promote inclusion and diversity, so employers who are known to discriminate may find it difficult to retain business relationships with companies who do not.

Q5 From an employment standpoint, what protections does the new law provide for gay employees and their spouses that weren’t allotted before the Supreme Court’s decision?

Smith:The practical effect of the U.S. Supreme Court’s decision is that same-sex marriages are recognized, and employees should be able to claim insurance benefits for spouses. It does not require states to consider sexual orientation or gender identity as a protected class. Employees are still quite vulnerable in Indiana to workplace discrimination, but many employers, including the state government, have a policy of nondiscrimination.

SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER :: 17

COVER

HUNGRY FOR MORE PRIMO’S DELI OWNER SEEKS TO GROW BUSINESS IN DOWNTOWN NEW ALBANY DANIEL SUDDEATH :: PHOTOS BY CHRISTOPHER FRYER

B

enny Carter is a people’s man running what he likes to call the “people’s restaurant.”

Serving up sandwiches and soups to customers is his job, but making sure people want to come back for more is his calling. His culinary skills make him a great cook, but it’s Carter’s outgoing personality, humble nature and sense of humor that brings his business to life.

“I just like making people happy. I like making people laugh,” Carter said at a table inside his deli as he looked outside the window as people walked along Main Street in downtown New Albany.

Primo’s Delicatessen opened in January of 2014 at 155 E. Main St., and is owned by Carter and his wife, Newlonna Myle.

Carter attended Sullivan University, and worked as the head chef at the New Albany Country Club for a period beginning in 1998, and has owned fast-food restaurants in Louisville and worked for several restaurants in the area.

Carter said he enjoyed his time at the Country Club be-

cause he prepared meals based on whatever the member wanted.

It’s a philosophy that he’s brought to Primo’s in terms of being open to making just about anything someone wants, as long as he has the ingredients on hand.

“I’m more than a deli,” he said. “We do vegetarian, we do vegan. I make all the homemade soups every morning. Anything the customer wants. You’re the one paying my bill.”

He’s quite familiar with cooking on demand, as he was thrown into the fire as a 16-year-old working at a restaurant in Louisville.

One day, the cook didn’t show up for work, and Carter had to step up to take his place.

“It was a one-man line, and we were slammed,” he said.

But from that point, Carter said knew he wanted to be in the dining business.

Carter was alerted about the location from local Realtor Mike Kopp. Carter was living in Houston at the time where he moved his family after selling some Sonic Drive-

SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER :: 19

COVER

In locations he owned in Louisville.

The building was restored by local developers Ron and Don Carter, who are of no relation to Benny, but eat lunch at Primo’s just about every day where they joke as if they were kin.

Carter said he was impressed by some of the improvements and new businesses in downtown, including The Underground Station that’s been developed by the Carter family across the street from Primo’s.

He opened Primo’s in January of 2014, and has adjusted on nearly a daily basis to the suggestions and even the demands of customers.

“Everybody who’s in the restaurant business knows the first year is the hardest,” Carter said.

But being the only deli in downtown New Albany provided Carter with an opportunity to fill a niche.

He enjoys the challenge of meeting the customer’s requests, as he even accepts orders via Facebook

for sandwiches that aren’t necessarily found on the menu.

Along with space inside for dining, Carter also setup a unique courtyard space at the end of a pedestrian alley adjacent to the building. He’s also gearing up for a food van and catering service featuring hamburgers, fish and again, about anything the customer requests within reason.

Carter said the van will allow him to expand upon the items served

20 :: SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER 2015

throughout the week at Primo’s, and he will be available to setup at events for catering. It will also allow Primo’s to deliver sandwich requests throughout normal hours, and Carter said they are willing to drive to most places in New Albany based on the size of the order.

He’s also a spiritual man who stays grounded in his faith.

“I keep my bible on my desk and I meditate every morning,” Carter said.

Carter is one of the few black business owners in downtown. He credits his customers for their support, but he emphasized he doesn’t try to cater to any specific demographic, race or culture.

From the downtown business crowd to the folks residing outside city limits, Carter said Primo’s is a place for everyone.

As for advice, he said it’s easy

for up and coming entrepreneurs to forget about some basics, but that those staples remain critical to success.

Keep working hard. Nobody runs their business better than you “Pay your taxes and keep working hard,” Carter said. “Nobody runs their business better than you.”

SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER :: 21

GUEST COLUMNIST

Want to know the best kept secret?

Christia Willett :: LegalShield

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orry less and live more. I think, no, I know everyone wants this and deserves to live this way. Unfortunately, there are people out there who make it impossible to do so. My company makes it possible to live life free under the law and by the law because of the access you have to your rights as a citizen. I am just a local hometown girl who was born and raised in small town New Albany and what do I know about anything to do with the laws and rights we all have?

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I thought about this for the last five years while sharing on a part time basis with others and using the service myself. Then one day it happened, I could become an entrepreneur following my dream and mission. I was working a full time job and was told after 10 years, sorry we only need you two days a week now. Wow, I said fine. I am going to build my purpose in life, and my business. That is just what I did in March of 2015. I am now doing what I have dreamed of for the last five years of following my mission and purpose on a full time basis.

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Christia Willett was born and raised in New Albany Indiana, 1982 Graduate of New Albany High School. married with two sons and two grandsons. She served as a fulltime minister, then went into retail management, followed by owner/operator of an auto trim company with her husband. She then fell into the world of dermatology as a Skin Care Specialist and Makeup artist for the last ten years. Five years ago her and her husband embarked on their current venture.

Now lives in New Albany and is active in Develop New Albany organization, helping in the growth of her hometown, sharing the products, purpose and mission with everyone on a full-time basis.

SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER :: 23

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LABOR LAWS

EEOC issues new guidance regarding

Pregnancy Discrimination Todd Logsdon & Lauren Claycomb :: Fisher & Phillips, LLP :: laborlawyers.com

New Guidance Regarding Pregnancy Discrimination and Light Duty Accommodations May Require Changes In Workplace Policies

Employers and Human Resources professionals are frequently tasked with evaluating requests for work accommodations for employees’ on- and off-the-job injuries. This responsibility becomes all the more complicated when an employee requests an accommodation because of a pregnancy-related health condition. Until recently, employers had little guidance as to their obligation to grant a pregnant employee’s request for light duty accommodations.

The U.S. Supreme Court appeared poised to shed some light on this issue in Young v. UPS, a case involving a pregnant employee’s challenge to UPS’s light duty policy as violative of the Pregnancy Discrimination Act (PDA). But the Court’s March 2015 ruling left much to be desired, as the Court carefully refrained from setting forth a general rule regarding an employer’s obligation to provide light duty work to pregnant employees. Despite this paucity of guidance, the Equal Employment Opportunity Commission (EEOC), which enforces employment-related laws, recently modified its pregnancy discrimination enforcement guidelines to incorporate the Court’s holding in Young. Indiana employers may find themselves asking what the Court’s decision and the EEOC’s revised guidelines mean for them, and how they should apply these principles in the workplace.

THE APPLICABLE LAW

The PDA was enacted in 1978 to amend the definition of sex discrimination in Title VII to include discrimination based on pregnancy. The Act prohibits any employer who employs more than 15 workers from discriminating against an employee because of pregnancy (current, past or potential), childbirth, or related medical conditions.

Employers are also prohibited from treating pregnant workers differently with respect to benefits or work conditions.

The PDA’s mandates are typically interpreted in connection with other laws, including the Americans With Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Pregnancy is not considered a qualifying disability under the ADA—even under the more expansive definition of disability adopted by the 2008 amendments to the ADA. However, temporary pregnancy-related impairments can rise to the level of disability and require reasonable accommodations. Light duty work is a form of reasonable accommodation in which employees are temporarily assigned to different positions when a medical condition prevents them from performing their regular job duties.

THE SUPREME COURT’S DECISION

The issue of an employer’s obligation to provide light duty work to pregnant employees recently came before the Supreme Court. In Young v. UPS, __ U.S. __, 135 S. Ct. 1338 (2015), Plaintiff Peggy Young challenged UPS’s light duty policy as violative of the PDA. Under UPS’s policy, workers would receive light duty assignments if the medical condition from which they suffered was job related. Applying this policy, UPS denied Young’s request for a light

duty assignment because her weight-related restriction resulted from her pregnancy and not from an on-the-job injury.

Young claimed UPS’s policy violated the PDA and was discriminatory because it treated pregnant workers differently from non-pregnant workers for purposes of receiving light duty accommodations. The Supreme Court declined to directly address the lawfulness of UPS’s light duty policy.

However, the Court did hold that Young had shown there was a real question as to whether UPS provided more favorable treatment to non-pregnant workers. The Court directed the lower court to resolve the issue of whether Young had shown UPS’s reasons for treating her differently than non-pregnant workers was “pretextual” and, therefore, discriminatory.

THE EEOC’S REVISED ENFORCEMENT GUIDANCE

The EEOC is the governmental entity charged with enforcing the PDA and other federal laws prohibiting discrimination in the workplace. In July 2014—before the Supreme Court issued its opinion in Young v. UPS—the EEOC published a set of Enforcement Guidelines interpreting the PDA and directing employers to treat pregnant employees the same as non-pregnant employees for purposes of approving requests for light duty assignments. The EEOC took the position that an employer who provides light duty for work-related injuries must also offer light duty work to pregnant employees.

The Supreme Court considered the EEOC’s 2014 Enforcement Guidelines in Young but did not give much credence to

SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER :: 25

continued on page 26

Pregnancy Discrimination continued from page 25

the EEOC’s position on light duty assignments. In light of the Court’s implied disapproval, the EEOC released new Enforcement Guidance in July 2015. The new version contains few changes to the 2014 Guidance, with the exception of the EEOC’s stance on light duty work. The 2015 Guidance provides that the EEOC will no longer consider a light duty policy automatically unlawful if it permits nonpregnant employees to take light duty assignments but does not offer the same assignments to pregnant workers. Instead, the EEOC will only consider an employer’s light duty policy as intentionally discriminatory toward pregnant workers if it significantly burdens pregnant employees by providing light duty to a large percentage of non-pregnant workers but not to a similar percentage of pregnant workers.

In other words, the EEOC will not consider an employer’s light duty policy per se discriminatory if the policy does not

provide the same accommodations to employees with pregnancy-related conditions and those with similar limitations resulting from non-pregnancy-related disabilities or on-the-job injuries. However, the EEOC guidelines caution that employers must have a “sufficiently strong justification” for treating pregnant and non-pregnant workers differently with respect to light duty assignments.

modifications in their job duties or work environment as a result of pregnancy-related impairments. Employers should also take time to revise existing policies regarding attendance, accommodations, paid time off, and leave under the Family and Medical Leave Act to make it easier for employees with pregnancy-related conditions to request and receive light duty assignments or other reasonable accommodations. ::

WHAT STEPS SHOULD INDIANA EMPLOYERS TAKE TO COMPLY WITH THE PDA?

Todd B. Logsdon is a Partner in the Louisville office of

Neither the Supreme Court in Young nor the EEOC have definitely held that an employer violates the PDA when it provides light duty work to non-pregnant employees, to the exclusion of employees who request accommodations due to pregnancy-related health conditions. Nonetheless, Indiana employers would be wise to make every effort to accommodate employees who request light duty assignments or ask for

Fisher & Phillips LLP. He practices exclusively in the areas of labor and employment on behalf of employers, with a particular emphasis on discrimination, wage and hour issues, FMLA and OSHA issues. Todd may be contacted directly at 502-561-3971 or tlogsdon@laborlawyers.com.

Lauren M. Claycomb is an Associate in the Louisville office of Fisher & Phillips LLP. She practices exclusively in the areas of labor and employment on behalf of employers.

Lauren may be contacted directly at 502-873-4002 or lclaycomb@laborlawyers.com.

26 :: SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER 2015

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PERSONNEL PROMOTIONS

Eddy elected Vice President to the ILA

Service Mother Teresa was a Roman Catholic Religious Sister and missionary often praised for her philanthropic efforts.

Sellersburg, IN, August 14, 2015– Leadership Southern Indiana Executive Director Mark Eddy was elected Vice President to the Indiana Leadership Association (ILA) Board of Directors for 2015-2016.

Involved since 2010 and a board member since 2013, Eddy is honored to serve an organization whose mission is “to facilitate best practices of leadership in and for the good of Indiana communities and Indiana people.”

Mark Eddy Founded in 1991, the ILA initially promoted Leadership Southern networking among Indiana’s diverse and local ComIndiana munity Leadership Program, but has since increased outreach capacity to include any organizations and individuals who value the importance of collaborative leadership to carry out their work in the spirit of servant-leadership.

Mark applies these values not only to the mission of Leadership Southern Indiana, but to his other community commitments including board service at the Floyd Memorial Foundation, the Centra Credit Union Foundation, and Metro United Way, where he also serves in the Southern Indiana Advisory Council.

Did you know... Mother Teresa fed the hungry by requesting leftover food from airplane stewardesses — a testament to her commitment to aid the poor?

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FINANCE

A woman’s guide to a Rewarding Finacial Future Afton Yaeger :: Martin Financial Group :: www.MartinFinancialGroup.net

I

n my experience in the financial industry, I’ve noticed that gender can make quite a difference when making financial decisions.

For starters, women tend to be more timid than men when discussing money matters. It may be because women face a variety of challenges, often juggling a career and family. Women tend to live longer, earn less, and are often the key caretakers of children and aging parents.

Women are also frequently more concerned about meeting and attaining specific financial goals and are less interested in discussing rates of return and other data regarding investments. When planning for the future, women want to be certain they have the funds to send their children to college, attain a comfortable retirement, and pass along an inheritance to their children and grandchildren.

Because financial security is a woman’s main concern, it’s very important for women to pick the right financial adviser that will help educate her on financial matters.

Women need to look for a financial adviser that will act in her best interest; serving as a fiduciary to guide her through life’s financial changes.

Here are some tips to help women focus on their goals and follow the path for a rewarding financial future.

SET REALISTIC FINANCIAL GOALS

This means adjusting spending habits, creating a budget, and paying off credit card

debt. With discipline, this can be accomplished over time.

TAKE ADVANTAGE OF YOUR COMPANY’S RETIREMENT PLAN

Women in the workforce should contribute to their employer’s 401(k) plan and reap the benefits of the company’s matching dollars. Many companies will match up to six percent or more of an employee’s salary.

Remember to increase this amount each year when your salary increases.

OPEN YOUR OWN IRA

Women should also consider having their own Roth IRA. A Roth IRA is an individual retirement account that offers a valuable future tax break with earnings and withdrawals generally tax-free at maturity.

START A 529 SAVINGS OR PREPAID PLAN

Take away the worry of paying for a child’s college education by investing in a 529 savings plan or pre-pay all or part of the costs at an in-state or out-of-state public university.

DELAY SOCIAL SECURITY PAYMENTS UNTIL NEEDED

By waiting a few years to draw Social Security benefits, women may find they can earn thousands of dollars more over the rest of their lives.

CONSIDER BUYING A LONG-TERM CARE INSURANCE POLICY

In most cases, women outlive their spouses and chances are they will need help as they get older. Buying a long-term care insurance policy will reduce the costs of expensive assisted living facilities and other

long-term care costs.

PREPARE AN ESTATE PLAN

Many women put off handling their estate plan, but it is a critical piece of the financial planning process. Make certain you have an updated will, power of attorney, and health care power of attorney. Also, check the beneficiaries on your financial accounts and update them, if needed.

SET AN EXAMPLE FOR YOUR CHILDREN

Once children are old enough to understand financial matters, they should be taught the importance of being fiscally responsible. Giving children an allowance can teach them to save for items they want and take pride in their purchases. Women should teach their children about budgeting and avoiding buying things they can’t afford or making loans to their children they are unable to pay back.When women are searching for a financial adviser, it’s most important to check credentials and verify the financial adviser has the knowledge and experience to make the best recommendations. In doing so, it will help women meet their goals and move confidently toward a successful financial future. ::

Afton Yaeger, Financial Planner, specializes in working with seniors and young families integrating benefit & compensation plans into their financial plans. She is currently pursuing her Certified Financial Planning accreditation.

Securities offered through Triad Advisors, Member FINRA/SIPC. Investment advisory Services offered through Martin Financial Group, LLC. Martin Financial Group, LLC is not affiliated with Triad Advisors.

SOUTHERN INDIANA BUSINESS SOURCE :: SEPTEMBER/OCTOBER :: 29

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