EEOC’s new pregnancy guidance boils down to doing one thing right

EEOC’s new pregnancy guidance boils down to doing one thing right

pregnancy discrimination guidance

For the second time in the past year, the EEOC has issued new guidance on how to treat pregnant employees. And while the guidance is massive, the agency could’ve saved employers a lot of headaches by simply saying this … 

If an employee has a pregnancy-related impairment that hinders his or her ability to perform a job, the employer must attempt to see if it can provide a reasonable accommodation that would allow the employee to continue to perform his or her job.

In a nutshell, what’s what the EEOC wants — and expects — employers to do. Period.

Anything short of that leaves you open to a discrimination lawsuit.

It doesn’t have to be so confusing

If you follow that guidance, doing your best to keep a pregnant employee in his or her job and acting like a compassionate employer, you should be fine.

The problem with the EEOC’s guidance: It’s long-winded, making it confusing and hard to digest. And to make matters worse, it spreads employers obligations across two separate laws — the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA).

Example: The guidance begins by explaining the basic requirements of the PDA.

It says:

The PDA requires that a covered employer treat women affected by pregnancy, childbirth, or related medical conditions in the same manner as other applicants or employees who are similar in their ability or inability to work. 

This statement mirrors the Supreme Court’s ruling in the case of Peggy Young v. United Parcel Service. The problem with it is that it leaves wiggle room for employers to get out of accommodating pregnant workers as long as they can prove that they don’t accommodate other employees who suffer from afflictions similar to those of pregnant workers.

However, that wiggle room is quickly taken up by the requirements of the ADA, which are explained later in the guidance.

It says:

Although pregnancy itself is not a disability, pregnant workers may have impairments related to their pregnancies that qualify as disabilities under the ADA.  … A number of pregnancy-related impairments are likely to be disabilities, even though they are temporary, such as pregnancy-related carpal tunnel syndrome, gestational diabetes, pregnancy-related sciatica, and preeclampsia.

An employer may not discriminate against an individual whose pregnancy-related impairment is a disability under the ADA and must provide an individual with a reasonable accommodation if needed because of a pregnancy-related disability, unless the accommodation would result in significant difficulty or expense (“undue hardship”).

By our powers combined …

Combine the requirements of the two PDA and the ADA and you get this: Don’t take employment actions against pregnant workers for any reasons relating to their pregnancy. In other words, be compassionate and try to find a reasonable accommodation if they’re hindered on the job in any way.

Bottom line: The only way to safely get out of having to accommodate a pregnant individual in need is to prove — beyond the shadow of a doubt — that doing so would create an “undue hardship” — and that’s not easy to do.

A final word of warning: Don’t try to base your case that an accommodation would create an undue hardship on the fact that it would be more expensive or less convenient for you to provide it. The EEOC has already said those excuses won’t fly.

If you have the time and you wish to pore of the EEOC’s latest guidance, here it is.



For more HR News, please visit: EEOC’s new pregnancy guidance boils down to doing one thing right

Source: News from HR Morning

Attention, HR pros — the C-suite is depending on you

Take a deep breath, HR professionals. You’re stepping up to the plate with the game on the line.  

In a complex post-recession job market with a growing talent gap, top executives are looking to HR leaders for innovative business strategies grounded in data, according to a recent CareerBuilder study.

A majority of CEOs (65%) agree that post-recession, HR opinions carry greater weight with senior management; nearly three fourths (73%) say that their HR leader has provided data that they have incorporated into their business strategy.

Shaping this new era is a post-recession landscape defined by increased competition for skilled talent in the face of shrinking labor pools and demands for higher salaries. Sixty percent of CEOs reported their companies have not been able to reach their full potential because they cannot find enough qualified candidates, and almost one fourth (23%) say the pressure to raise wages is among the issues that keep them up at night.

HR’s new mission

And nearly half of CEOs (48%) say their companies have lost money due to inefficient recruiting.

So who do CEOs expect to help them sleep better? HR pros. The survey said top execs expect:

  • HR teams will interpret data and ascertain the right talent mix. The overwhelming majority of CEOs (90%) say it is important that HR leaders be proficient in workforce analytics — and more than one in three executives (35%) say this is “absolutely essential.”
  • A more efficient recruitment process that provides for a better candidate experience.

The top three recruitment challenges CEOs identified for their organizations:

  • lack of skilled candidates – 49%
  • inefficient recruitment process – takes too long to fill jobs – 35%, and
  • candidate experience is not as good as it could be – 25%.

More than nine of 10 (92%) business leaders think HR executives can have broader influence by:

  • providing actionable talent data and other research to help devise strategies to meet larger business goals (57%)
  • showing ways to increase efficiencies or cut costs by better using the company’s human capital (57%)
  • knowing what the company does, but also how everything works (52%), and
  • working with other leaders to help solve business problems (51%).

“HR is the new frontier for data science applications in business,” said Matt Ferguson, CEO of CareerBuilder. â€œIn our study, CEOs acknowledge that the recruitment landscape is changing and the need for their HR teams to come forward with data-driven, competitive approaches and efficient technologies is more critical than ever. HR leaders are becoming more influential members of the executive team.

“CEOs are looking for HR to be just as data-savvy and digitally-savvy as other areas of the company, and take quick, measurable actions that move the business towards its goals.”

The nationwide survey was conducted by Harris Poll on behalf of CareerBuilder among 88 leaders at companies with revenue of at least $50 million.



For more HR News, please visit: Attention, HR pros — the C-suite is depending on you

Source: News from HR Morning

Extreme pay inequality, brought to you by U.S. World Cup champions

In 2014, the German men’s team was awarded $35 million after winning the 2014 World Cup. So how much was the U.S. women’s team awarded for winning this year’s World Cup? 

Answer: A paltry-by-comparison $2 million. That’s according to a recent report by CNN.

Want some more staggering figures? The New York Daily News is reporting that the total prize money for this year’s women’s tournament was $15 million. The pot for the men’s tournament last year: $500 million.

Now, the first thought that may come to your mind here is: Well, the men’s tournament is more popular and receives more viewers than the women’s tournament.

In general, that may be the case, but consider this: The 2015 women’s World Cup final drew the largest U.S. television audience for a soccer game in human history — men’s or women’s — with an audience of 26.7 million.

FIFA, international soccer’s governing body, claims that the difference in prize money is the result of sponsorship dollars. The men’s tournament brings in far more dollars than the women’s tournament, it claims.

Again, that’s likely the case, but it’s hard to ignore the staggering difference in pay between the men’s and women’s tournaments — and it has cast yet another black cloud over FIFA, which was accused of massive corruption earlier this year.

Many of its officials were charged in the U.S. with pocketing millions in bribes. The organization also has long been accused of sexism — and this tournament certainly won’t clear up that part of its reputation.

The pay issue aside, female players had other complaints about this year’s tourney, including:

  • playing on artificial turf (apparently men are given the luxury of only having to play on grass), and
  • having to share hotels with opposing teams (something men are also not required to do).

There’s hope that the impending regime change at FIFA will help level the playing field in time for the next women’s World Cup in 2019.

Want yet another example of just how bonkers the pay disparity is between the men’s and women’s tourneys? Each of the men’s teams that were eliminated in the first round of last year’s World Cup walked away with $8 million. The U.S. men’s team, which finished 11th, got $9 million.



For more HR News, please visit: Extreme pay inequality, brought to you by U.S. World Cup champions

Source: News from HR Morning

Telemedicine: Can this tool help keep health plan costs under control?

It’s getting more and more difficult to dismiss telemedicine as a healthcare fad that won’t catch among employers.  

But things have changed, and firms are starting to warm up to this option.

For starters, there are fewer barriers in place. One of the greatest obstacles to telemedicine usage has been insurers’ refusal to cover this option.

Now, however, Washington recently became the 24th state that required health plans to reimburse providers for telemedicine services – and others are likely to follow suit.

Plus, prominent insurers – such as Aetna, United Healthcare and Wellpoint/Anthem – are convinced telemedicine is here to stay and are planning accordingly.

$6 billion reasons

Telemedicine generally involves a patient speaking to a physician via a video stream (e.g., Skype) or over the phone for a diagnosis or treatment.

While this option will never replace face-to-face time with a doctor, the potential cost-savings are tremendous.

Telemedicine saves employees on travel waiting time and allows doctors to see patients more efficiently. For employers, the option can not only reduce the expense of unnecessary ER visits, it can also bolster productivity and cut absenteeism.

Telemedicine can save $6 billion annually in U.S. health costs if workers and dependents use the tactic whenever appropriate, according to an analysis by Towers Watson.

Third-party options

The option seems to be catching on, too. In 2014, just 22% of large firms offered this option. But 34% plan to offer it in 2016 or 2017, Towers Watson found.

If you have a tech-savvy workforce that’s likely to respond, talk to your broker about what’s available. Another option: Third-party telemedicine vendors. Services like Doctors on Demand charge on a per-employee or per-session basis and work with all major insurers.



For more HR News, please visit: Telemedicine: Can this tool help keep health plan costs under control?

Source: News from HR Morning

Three Steps to a New and More Effective Interview

Off-the-wall interview questions, lengthy printed job descriptions and rounds of repetitive interviews are a very 1989, or even 2003, way of recruiting. Gerry Crispin, Principal of CareerXroads, says it’s high time for a change. “For many years we’ve had a pretty bad approach in general to recruiting and we continue to have a bad approach.” He says that advances in technology, particularly social media, are only adding to the problem and make it easier for companies to make the same mistakes, and make them faster.

Crispin suggests that updated interview strategies will yield better results for employers and job seekers alike. Download the whitepaper to learn what three steps are central to any new interview process.

Click here to learn more!  



For more HR News, please visit: Three Steps to a New and More Effective Interview

Source: News from HR Morning

Five Key Factors in Choosing HR Management Software

As organizations look for more ways to increase productivity and profitability, human resources departments are being asked to provide more strategic input to executives. Doing so requires tools that improve access to timely, accurate information for enhanced business decision making. If you don’t have a Human Resource Management System (HRMS), HR can end up spending too much time on repetitive day-to-day tasks like paperwork while struggling to deliver meaningful workforce insights. The right HR management software can help the HR team increase control over employee data, optimize productivity, and take employee engagement to the next level, so you can deliver the future workforce your organization needs to succeed.

Click here to learn more!  



For more HR News, please visit: Five Key Factors in Choosing HR Management Software

Source: News from HR Morning

15 Ways to Attract and Repel Top Tech Talent

Put up a job listing and you’ll get a number of resumes. Is that success? Quantity is never the goal. Quality is. So, what does it take to attract the best talent? If it were as simple as free meals, this article would be very short. To uncover the answers, we interviewed dozens of recruiters, tech employees and hiring managers. Download this report to learn how HR can help attract top tech talent and mistakes they need to avoid.

Click here to learn more!  



For more HR News, please visit: 15 Ways to Attract and Repel Top Tech Talent

Source: News from HR Morning

The 5 funniest HR Morning stories … ever

The 5 funniest HR Morning stories … ever

employee recognition

Between the Supreme Court’s landmark Obamacare and same-sex marriage rulings — plus the DOL’s official release of its new overtime exemption rules — it’s been an intense couple of weeks for HR pros. So we’ve decided to lighten the mood in the wake of the holiday weekend. Enjoy these gems. 

The most popular gut-busters from HR Morning’s archives:

The year’s 25 strangest interview questions

Some companies love throwing curveball questions to candidates during interviews — and these are the weirdest ones we’ve ever seen. Check ’em out …

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10 unforgettable lies HR has discovered on resumes

More than half of HR pros (51%) said they’d automatically dismiss a candidate if they found a lie on a person’s resume. So it’s likely these applicants are still job hunting. Just look at the fibs they told …

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12 terrible excuses employees actually used for being late

A dozen HR professionals and hiring managers shared excuses they’d heard from employees arriving late to work that are so horrible, they’re awesome. Check ’em out …

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The 30 worst/funniest phrases to ruin a job interview

One of the latest (and funniest) trends to hit Twitter: Users sharing what phrases they could use to ruin a perfectly good job interview. And people have posted some real gems that you, as HR pros, will probably appreciate more than most. Get a load of these … 

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‘Why did you bother?’: The 7 worst holiday gifts from bosses

These managers might have been better off getting their employees a really nice card instead of these holiday gift atrocities. Look at what they gave employees …



For more HR News, please visit: The 5 funniest HR Morning stories … ever

Source: News from HR Morning

Do’s and don’ts to make performance reviews actually mean something

Everybody hates performance reviews. That’s a given. But there are ways to move them out of the “dreaded chore” category into the file titled “engagement tools.”

Performance reviews are often badly done and serve to de-motivate employees — or worse, give them a weapon to sue the company.

What’s wrong with this process? Here are the three most common mistakes managers make that limit the value of employee assessments:

1. Process vs. progress

Too often, the process of employee reviews becomes more important than the actual result. What do employees want out of their reviews? Aside from a raise, the main thing employees want to know is what career path they’re on — what they have to look forward to in terms of job growth and development.

Too many reviews omit a discussion of what advancement opportunities may be available in the near future, and what the employee needs to do to make it happen.

2. What will tomorrow’s expectations be?

Too often, reviews for well-performing employees congratulate them on what they’ve accomplished and let the story end there. For example:

An employee meets a predetermined goal of boosting production by 10%. Her manager writes in her review: “Your production was lifted by 10% and you’ve met your goal.”

While that’s true, wording it that way makes it sound like she’s reached the end of the line. Instead, the manager should say: “You lifted production by 10%, which is a great accomplishment. You should continue the progress and try to reach 15% — or even higher — next year.”

That congratulates the employee on a job well done, while reinforcing the fact that there’s always room to move forward.

3. Nix the money talk

Intertwining salary issues with performance discussions is truly taboo. Raises should always be the last thing the manager talks about — and in a separate meeting.

If pay comes up before the review is fully completed, it’s more likely employees will start arguing about the assessment instead of taking responsibility for their work. When the review is completed first, employees are more receptive to the manager’s critique.

Help for managers

To help your managers get better at reviews, here are some do’s and don’ts, courtesy of leading employment lawyer Jathan Janove of Ogletree Deakins, who spoke at the Labor & Employment Law Advanced Practices (LEAP) symposium in Las Vegas.

Don’ts

Don’t store up feedback. Don’t use a review as a gunnysack for storing up negative feedback over a period of a whole year and then dump it all on an employee’s head at review time. Feedback, both negative and positive, needs to be given throughout the year.

If you must bring up a new issue, apologize for not bringing it up sooner.

Don’t dispense report cards. People don’t want to go back to the school benches and be graded. If you give them five Bs and a D, all they’ll focus on is the D. Just tell them in plain language how they’re doing.

Don’t say things that could be subject to negative interpretation later. Avoid phrases like “you might try a little harder since you tend to be a little lazy” or “I’m cutting you some slack since you’re approaching retirement.” These only spell t-r-o-u-b-l-e.

Don’t use a review for discipline. Keep progressive discipline out of the performance review process. If you mix ’em up, plaintiffs’ lawyers will say your management process, not the employee, needs improvement.

Do’s

Do keep the end in mind. Focus on where the person is now, what the expectations are and how you can move the person up the line. Focus only on WIGs (wildly important goals) and PIGs (pretty important goals), not petty stuff.

Do give direct feedback. Managers must use the D-I-S formula with their employees — providing Direct, Immediate and Specific coaching throughout the year. That way, the annual review becomes a summary with no surprises.

Do make everyone go through the review process. If you want to build trust among employees around the review process, there can be no opt-outs — everyone gets reviewed, even HR and the C-suite.

Successful CEOs read as many reviews as they can — not to see how their employees are doing, but how their managers are doing.

Do make it a two-way street. Providing feedback should create the opportunity for two-way communication. Managers should be trained to ask the same amount of questions as statements they make.

Sample queries: “This is what I see; now what do you see?” or “How can I help you succeed?”

Do focus on the future. If managers stay focused on what should happen in the future, the employee can feel more fulfilled in his job. Plus, looking forward tends to minimize employee defensiveness about any past mistakes.

People are much less likely to be argumentative this way.

One final thought from Janove: For successful performance reviews, the front windshield is a much more useful tool than the rearview mirror.

This is an update to the original article, which ran on 4/27/13.



For more HR News, please visit: Do’s and don’ts to make performance reviews actually mean something

Source: News from HR Morning

DOL issues new OT rules: What you need to know, what they’ll cost

DOL issues new OT rules: What you need to know, what they’ll cost

DOL overtime rules

The wait is finally over. The DOL just released its proposed revisions to the FLSA overtime exemption rules. Now you can start prepping for the fallout, which will be dramatic. 

For months, the DOL’s been teasing us with promises that the proposed rule changes would be revealed soon. Labor Secretary Thomas Perez even joked the agency was “working overtime” to get the revisions on the table.

Well, all the speculation came to a screeching halt on Monday, when a President Obama-bylined column was published by The Huffington Post, providing a sneak peek at the rules. Hours later, the official Notice of Proposed Rulmaking was available on the DOL’s website.

We’ve gathered the pertinent facts from the 295-page long notice here for you.

Here’s what you need to know:

  • The new pay threshold is much higher than anticipated. As you know, the current minimum salary a worker has to be paid to be exempt from overtime is $455 per week or $23,660 per year. Well, under the proposed rules, it would jump to $970 a week or $50,440 per year. That’s significantly higher than the $42,000 mark those on Capitol Hill had been teasing. The DOL calculated that $50,440 would equal the 40% percentile of weekly earnings for full-time salaried workers.
  • The highly compensated employee threshold will also climb. The total annual compensation requirement needed to exempt highly compensated employees would climb to $122,148 from 100,000 — or the 90th percentile of salaried workers’ weekly earnings.
  • The salary thresholds will automatically increase. For the first time ever the salary thresholds will be tied to an automatic-escalator. The DOL is proposing using one of two different methodologies to do this — either keeping the levels chained to the 40th and 90th percentiles of earnings, or adjusting the amounts based on changes in inflation by tying them to the Consumer Price Index.
  • No changes to the duties tests have been proposed. The DOL hasn’t suggested changing the executive, administrative, professional, computer or outside sales duties tests (see them here) as of yet. However, the agency is seeking comments on whether they should be changed and whether they’re working to screen out employees who are not bona fide white collar exempt employees. Early indicators were that the DOL would look to adopt a California-style rule in which employees would be required to spend more than 50% of their time performing exempt duties to be classified as exempt.
  • Bonuses aren’t part of the salary calculation. As of now, the DOL says discretionary bonuses won’t count toward a person’s salary — but that could change depending on the comments the agency receives. Currently, such bonuses are only included in calculating total compensation under the highly compensated employee test. That’s not set to change. But the DOL said some stakeholders are asking for broader inclusion of bonuses in salary calculations.
  • The rules will — most likely — take effect in 2016. We don’t have a definitive timeline for implementation of the rule changes, but it’s a safe bet they won’t kick in until at least 2016. The proposed rules haven’t been published in the Federal Register yet. But once they are, an official public comment period will be set. The DOL will then review the comments and make changes to the proposed rules if it’s deemed necessary. At that point, the rules will be re-released in their final form, and an effective date will be announced.

How many people will be affected?

Based on the Obama Administration’s calculations, only about 8% of workers currently earn less than the existing $23,660 salary threshold. And as the numbers above indicate, cranking the threshold up to $50,440 would put about 40% of workers under the line. According to the DOL, that would extend overtime eligibility to about 4.6 million workers, assuming employers did nothing in reaction to the rule changes.

The White House has also provided a chart of just how many workers in each state would be affected by the rule changes — again, assuming employers stood pat.

How much will it cost?

Now for the cost to employers: The DOL is estimating that the average annualized direct employer costs will total between $239.6 million and $255.3 million per year, depending on the salary threshold auto-escalation method.

In addition to direct costs, the DOL says the rules would transfer between $1.18 billion and $1.27 billion out of employers’ coffers into employees’ paychecks annually — again assuming employers do nothing to adjust to the rules.

As we reported previously, Oxford Economics, a global analytics, forecasting and advisory firm, is predicting that transfer of funds won’t take place. Its researchers believe businesses are likely to make “significant adjustments in the structure of their workplaces to compensate for the billions of dollars of added wages the new regulations would impose.”

Oxford Economics predicts employers will “adjust compensation schemes to ensure they do not absorb additional labor costs.”

To do this, the firm estimates employers would:

  • lower hourly rates of pay
  • cut employee bonuses and benefits so they can increase base salaries above the new threshold, and
  • reduce some workers’ hours to fewer than 40 per week in order to avoid paying overtime.

All of these actions would leave total pay largely unchanged.

But taking these actions would result in exorbitant administrative costs — far outweighing the DOL’s estimates, according to Oxford Economics.

In its report, commissioned by the National Retail Federation, Oxford Economics estimated that raising the salary threshold to $51,000 would cost businesses $874 million in administrative expenditures alone.



For more HR News, please visit: DOL issues new OT rules: What you need to know, what they’ll cost

Source: News from HR Morning