human-resources-training

Ad agencies will hire more black managers

2006-09-14T10:24:00.000-05:00

New York’s leading advertising agencies agreed to hire more black managers last week after the city’s Human Rights Commission found that only 2 percent of industry leaders are black, The New York Times reported.

Of the 8,000 employees working for 16 agencies that earn more than $100,000 a year, only 2.5 percent are black, the commission found.

Nearly a dozen agencies have promised to set numerical goals for increasing black representation on their creative and managerial staffs and to report on their progress each year. The agencies will be monitored by the city for three years.

The commission has the authority to fine companies up to $250,000 or to sue them, but officials said that they believed the threat of pressure from agency clients like Pepsi and Citigroup was a more effective stick in bringing corporate leaders to the negotiating table.

“This represents a concrete step in the right direction,” a senior executive at a leading agency said, because until now “no agreement has ever been signed by any agency on this issue.” Whatever efforts have been made before have been voluntary and informal, the senior executive said.

Appeals court reinstates racially based hiring suit against Target

2006-09-11T09:53:00.000-05:00

A U.S. appeal court in Chicago recently reversed a 2004 Wisconsin trial court decision and reinstated a racially based hiring suit against Target Corp., the nation’s second largest discount chain.

The case stems from Target’s refusal to hire four African American applicants for entry level management positions in 2000 and 2001.

The case, brought by the EEOC, was originally rejected by a U.S. district court in Milwaukee. But the recent reversal was unanimous, with the court ruling that “EEOC did present sufficient evidence to establish a genuine issue of fact as to whether Target’s reason for not interviewing [the African American applicants] was a pretext for race discrimination.”
Jean Kamp, an EEOC attorney, said, “One of the most significant evidentiary points here arose from the fact that one of the African American applicants included in EEOC’s suit seemed to be well on the way to landing a job at Target, until the store realized from her name and voice that she was likely to be black – and then the job disappeared.”

Dennis McBride, another EEOC attorney, said, “This seems to be a classic case illustrating the negative impact that race still may have upon the search for work even at leading big-name employers who are marketing to millions of African Americans.”

Epileptic employee sues employer under Americans With Disabilities Act

2006-09-07T13:51:00.000-05:00

Robert Dark began working for the Road Department of Curry County, OR in 1985, operating heavy equipment and vehicles. Diagnosed with epilepsy at age 16, he controlled his condition with medication, but still experienced occasional seizures.

When he experienced one on January 15, 2002, he fell unconscious while driving a truck and could have killed himself and a co-worker if the co-worker hadn’t intervened to take control of the vehicle. After a doctor examined Dark and found his condition imposed limitations on his ability to do the job, he was fired. In return, Dark sued the county under the Americans With Disabilities Act.

The federal district court dismissed his claim, but an appeals court reversed the decision, looking beyond the fact that Dark was unable to fulfill the essential tasks of the job without threatening himself and others. Instead, it sought to determine whether the county could have accommodated his disability by giving him other responsibilities or allowing him to use his medical leave to treat the condition.

According to Appelatedecisions.blogspot.com, “The ADA often places employers in a difficult position, since they have knowledge of the dangers of employing a particular individual but cannot always take steps to address those dangers.”

Employers are advised to always consider reasonable accommodations that may permit the continued employment of protected disabled employees.

Tool and die company settles hiring discrimination suit

2006-09-05T08:07:00.000-05:00

Racial and sexual discrimination claims are frequently brought by employees, but what if they can’t get the job in the first place? In 2003, the EEOC filed suit against S-and-Z Tool and Die Co. in Cleveland for refusing to hire African American and female applicants and last week the company settled the suit for nearly one million dollars.

The biggest winner was Molly Baron-Prodan, who received $90,000 in compensatory damages and a job offer. A total of 20 women and black applicants shared the payout and the company agreed to train all supervisory, management and human resources employees and agreed to be monitored by an EEOC coordinator.

The company has 220 employees, but has never had more than 10 women or black workers, according to the EEOC.

“This settlement will insure that African Americans and women will have equal opportunity to compete in the workplace based upon their knowledge, skills and abilities on a level playing field,” said EEOC attorney Jacqueline McNair.

Interviewing questions

2006-08-31T08:34:00.000-05:00

Every hiring manager should know that if they ask the wrong interview questions, they can be liable in discrimination or wrongful discharge suits, which can be based on the statements they made during the interview process.

Transactionworld.com notes the following questions are impermissible:

· Age: How old are you? When were you born?
· Disabilities: Do you have any disabilities? What health problems do you have?
· Ethic origin: What is your nationality?
· Marital status: Are you married? Do you have children?
· Religion: Is that a Jewish/Christian name? Is there any day of the week that you are not able to work?
· Sex: Do you date members of the opposite sex? What is your sexual orientation?
· Personal finance: What is your net worth? Do you have any debts?

All interview questions should be job related. If you’re not sure about a question, determine whether it relates to business necessity and the candidate’s ability to perform the tasks of the job. When you ask the right questions you’ll find the best qualified candidates while eliminating your company’s vulnerability.

Employers can’t make issue of employee immigration status when discrimination occurs

2006-08-30T08:27:00.000-05:00

The EEOC secured a federal court ruling sharply limiting the ability of employers sued for harassment and forms of discrimination to make an issue of the victim’s immigration status.

Last week’s ruling came in a sexual harassment case brought by the EEOC for an employee in a Perkins restaurant in St. Paul, MN who was sexually harassed by a supervisor. When she complained, the company investigated her immigration status rather than the sexual harassment. If the employee was fired because of a belief that she was unable to work legally, the employer could have avoided the sexual harassment claim.

But the court doesn’t see it that way. Judge John R. Tunheim of the Minnesota district court wrote, “Discovery regarding the immigration status of plaintiffs in civil rights cases is generally prohibited. The immigration status is not relevant to the issue of whether the employer discriminated and permitting employers to inquire into worker’s immigration status would have a chilling effect on the bringing of civil rights actions, which would result in countless acts of illegal and reprehensible conduct going unreported.”

EEOC lawyer Tina Burnside said, “It’s good the courts are seeing through it and not permitting it.”

Identifying crystal meth abusers

2006-08-24T08:32:00.000-05:00

The surge in use of the illegal stimulant crystal methamphetamine may be a potential problem in your workplace, according to Business & Legal Reports. The use of this drug is not limited to any one type of worker; it can threaten any department. "Be alert to the signs and realize even the ambitious may be tempted by the stimulating effects of crystal meth," said Steven M. Orenstein, CEO of New Seasons Behavioral Health Care Systems in Port Hueneme, California, according to Business & Legal Reports.

New Seasons says there are a number of signs that someone may be using crystal meth, especially when several indicators are present at once:

Behaviors
Hyperactivity--Users experience bursts of energy, talkativeness, increased alertness, and uncontrollable movements.
Change in speech--Users may speak at increased speed and have a quiver in their voice.
Vision--Users' eyes may dart back and forth and users may have trouble focusing. Pupils may be dilated.
Withdrawal--Users' may distance themselves from co-workers and refrain from group activities.
Mood changes--Users can become irritable, hypersensitive, or moody, quickly changing from friendly to hostile.
Psychosis--Users may exhibit behavior similar to schizophrenia, including hallucinations, delusions, and paranoia.
Aggression--Users may have a false sense of confidence or power, sometimes leading to aggressive or violent behavior.

Physical Signs
Poor hygiene--During highs, users often do not bathe.
Teeth--Use of crystal meth deprives the body of saliva, causing rapid tooth decay and gum disease.
Body odor--Users may smell of industrial chemicals, meth's main ingredients.
Sores--Users often pick at their faces, causing sores, pimples, and rashes.
Weight Loss--User often forget to eat when they are high, resulting in sudden weight loss.

Be cautioned that exhibition of these signs does not prove illegal drug use. For more information, go to the website of the National Institute on Drug Abuse at http://www.nida.nih.gov/.

Train your managers to interview effectively

2006-08-21T08:42:00.000-05:00

How do you train managers to conduct successful job interviews that lead to the placement of qualified applicants?

Start by explaining the benefits of hiring qualified candidates: avoids high turnover and loss of productivity.

Explain how the manager can prepare for the interview: examine the job description, assess the requirements, and decide which skill-related questions are necessary

Explain how the manager can conduct an effective interview: build rapport, use a variety of questions, and keep the interview on track

Discuss the elements of a successful interview: put the applicant at ease, follow your list of questions to obtain detailed information, stay in control of the interview by using directive questioning techniques.

Make sure your managers know the legal implications of interviewing: they can’t ask applicants about family, religious views, disabilities or birth dates.

Putting the curb on workplace violence

2006-08-17T08:00:00.000-05:00

An ongoing study of workplace violence by the Public Risk Management Association reveals that fatal attacks have continued, despite the increased security following 9/11, which decreased the terrorist threat but did nothing to deter internal workplace violence.

There were 551 workplace homicides in the U.S. in 2004, according to the Bureau of Labor.

The study found that 94 percent of the perpetrators were men, mostly between the age of 35 and 45, with significant tenure on the job. Usually, specific victims were singled out, negating the myth that this is random violence.

Employers have failed to stop workplace violence because of weak policies against it; inadequate employee acquisition, supervision and retention practices; inadequate training on violence prevention; the inability of managers to assess the threats; a weak mechanism for reporting violent behavior; and a failure to take immediate action against employees who have threatened others.

OSHA says the best protection employers can offer is to establish a zero-tolerance policy toward workplace violence and a prevention program. All employees should know the policy and understand that all claims of workplace violence will be investigated promptly. Employees should also know what conduct is not acceptable. Employers must also encourage employees to report all incidents, provide prompt medical evaluation and treatment after an incident and report any incidents to the police.

Woman sues TV studio for sexual harassment

2006-08-15T09:09:00.000-05:00

Can sexual harassment occur during the creation of a network sitcom that is sexually oriented? After Amaani Lyle, a writer’s assistant on the sitcom Friends, was dismissed during the 2002-2003 season, she sued Warner Brothers, NBC Studios and the show’s producers and writers for sexual harassment, retaliation and related claims.

She contended that the writers regularly discussed their personal sexual preferences and experiences, made sexual gestures and commented on the cast’s sexual activities.

Unfortunately for Lyle, these things may be permissible for sex-related comedy writers. "They were talking about sex because that's their job," Adam Levin, a partner in the Los Angeles law firm Mitchell Silberberg & Knupp who represented the writers and Warner Brothers, told The New York Times. "The real crime here is that these writers are being individually sued for doing their job." Warner Brothers argued that the First Amendment is under attack in the case, but Lyle’s supporters condemn the “creative necessity” defense, claiming that writers shouldn’t be able to refer to women in demeaning terms when no one else can.

The original court dismissed her claims, but a court of appeal upheld them and the case proceeded to trial. In a recent decision, the California Supreme Court upheld the original court’s position and ruled against Lyle: “Most of the language at issue did not involve and was not aimed at Lyle or other women in the workplace,” the court argued. Additionally, the language was permitted because “the workplace focuses on generating scripts for an adult-oriented comedy show featuring sexual themes.”

Minority women lawyers experience discrimination on the job

2006-08-10T08:26:00.000-05:00

Eighty-one percent of minority women quit private law firms within five years because of discrimination on the job, according to a survey by the American Bar Association released last week.

The survey, based on interviews with 1,000 attorneys who had worked at large law firms, found that women of color had been disproportionately passed over for desirable assignments, excluded from formal networking opportunities and received unfair performance evaluations. In addition, they were subject to demeaning comments and harassment.

Previous studies had focused on women lawyers or lawyers of color, but this is the first survey of the experiences of women of color in private law firms. It found that women of color experienced disadvantages based on race and gender.

“Our aim is to shed light on a significant problem – the invisibility of women lawyers of color in our profession,” said Commission Chair Pamela J. Roberts. “We hope law firms will use it as a tool to bolster their efforts to develop, promote and retain women lawyers of color.”

EEOC issues fact sheet on employees with hearing loss

2006-08-08T10:23:00.000-05:00

After a hotel in Denver failed to hire a deaf woman for a room service position in 2003 because of her hearing loss, the EEOC brought suit against the hotel for discrimination on the basis of disability, the woman was awarded $75,000 and the hotel agreed to change its policy.

Last week, the EEOC issued a fact sheet that informs employers about hiring deaf people in accordance with the Americans with Disabilities Act.

The fact sheet covers the following issues:

* when a hearing loss is a disability under the ADA
* when an employer may ask an applicant or employee about a hearing impairment and what it should do if an applicant voluntarily discloses the impairment
* what type of reasonable accommodation an applicant or employee with a hearing disability may need
* what an employer should do if it has safety concerns about an applicant or employee with a hearing impairment

Between 28.6 million and 31.5 million Americans have hearing impairments and the number is expected to rise when the baby-boomer generation reaches 65. Hearing impaired workers face challenges at work responding to emergencies, working safely around machinery, communicating with co-workers and receiving training. But companies must make accommodations in accordance with the ADA to provide equal opportunities for them.

“Every individual deserves the freedom to compete on a fair and level playing field,” said Cari M. Dominguez, the EEOC chair. “People with hearing disabilities represent a vast pool of untapped talent for employers.”The fact sheet can be accessed at http://www.eeoc.gov/facts/deafness.html.

Reduce turnover through management training

2006-08-03T08:37:00.000-05:00

With companies experiencing high turnover rates – 11 to 40 percent, according to a 2005 survey reported by Workforce Management, they must take steps to avoid it. Not only does turnover result in the loss of talented employees, but it’s incredibly expensive with the cost of replacing employees ranging from $5,000 to $20,000.

Most companies have traditionally relied on pay and benefits as the primary drivers of retention. But pay and benefits alone are not effective, with trust in leaders one of the biggest reasons employees stay.
Since employees value relations with their leaders, training managers on trust-building skills such as keeping commitments and accepting responsibility for company policies is the first step to take to create a culture of trust that retains employees.

Leadership development programs create employee engagement through trust-building, providing mentors and a systematic approach to feedback that helps leaders connect with employees, which encourages them to stay.
If companies invest in developing their leaders, they can maintain their staff and reduce turnover.

Does not hiring someone with a religious objection to abortion violate Title VII?

2006-07-31T09:54:00.000-05:00

When Andrea Nead, a nurse employed by Eastern Illinois University, was interviewing for a new position and was asked whether she would dispense emergency contraception pills, she said no, because she believed it was a form of abortion that violates her religious beliefs.

When someone who didn’t share her religious beliefs was hired for the job, she sued the university and its nursing director for religious bias in violation of Title VII, which prohibits discrimination on the basis of religion.

Frank Manion, an attorney for the American Center for Law and Justice, which represented Neal, said, “There appears to be a systematic pattern in place in the state of Illinois designed to punish pro-life health care professionals who merely want to fulfill their professional obligations without violating their religious beliefs,” the Chicago Tribune reported.

The University claims Nead was not one of seven finalists for the positions and that when two were hired one shared her opposition to abortion. “Of the 13 health service employees who are currently authorized to dispense the morning after pill, only two choose to do so and dispensing the pill is not a criterion for hiring or continued employment,” it said in a statement.

But a district court denied the university’s motion to dismiss her claims on June 6, finding sufficient evidence to support her claims for freedom of religion and equal protection violations. It dismissed some of the claims and retained others, ordering the defendants to respond within 14 days. No details on the response are available and the case is still pending.

Firefighters sue for sexual discrimination over safety gear

2006-07-28T15:46:00.000-05:00

When Anne Wedow and Kathleen Kline, two Kansas City firefighters, were given men’s protective gear that didn’t fit, they requested women’s gear and when it wasn’t provided they sued the fire department for sexual discrimination. They also sued over the lack of female restrooms at many fire stations.

“The problems [they] faced are emblematic of the problems women encounter in the field of firefighting,” their attorneys at Legal Momentum wrote. “Even decades after admitting their first women as firefighters, many fire departments are still failing to assure their safety on the job.”

On March 24, The U.S. Court of Appeals issued a landmark ruling upholding the jury verdicts and marking the first time a federal appeals court has found a lack of protective gear and facilities to be discriminatory. "Adequately fitting firefighting clothing and sanitary and private facilities are essential to the job of a firefighter, and inadequacies in these areas compromise job efficiency as well as safety," said a three-judge panel of the 8th U.S. Circuit Court of Appeals.

The court ruled that the fire department violated discrimination laws and exposed the women to job hazards. It rejected Kansas City’s argument that inadequate gear and facilities do not rise to the level of violating title VII, the federal anti-discrimination statute, and awarded the women $335,000.

The lesson to be learned is that firms cannot expose workers to dangerous working conditions because of their gender.

Bullying

2006-07-24T08:43:00.000-05:00

Bullying is usually thought of as a school problem, but adults can be bullies, too and when bullying occurs at work, abuse occurs, according to Business & Legal Reports.

Bullies are people in top positions who abuse their power by targeting individuals and threatening them with insults and belittling remarks. The behavior isn’t illegal and doesn’t violate employee civil rights, but it’s detrimental to the workplace because it leads to destroyed trust, dysfunctional teams, excessive absenteeism and high turnover.

Victims may hesitate to call on HR to handle instances of bullying, because they are often frightened into obedience or may not think the behavior is severe. But when HR recognizes the problem, they should take action:

* Go to the department and announce that you will conduct one-on-one interviews with each member of the staff
* Ask each to describe the work environment and anything that may be interfering
* Confront the bully and announce that the behavior is inappropriate and must be stopped
* If the bully says the behavior was necessary to improve operations, offer to help solve the productivity problem and demand specific examples so you can address them yourself
* Offer coaching and training to the bully to help relieve the situation

Age discrimination or poor performance?

2006-07-20T14:14:00.000-05:00

After working for Boeing in Pennsylvania for nearly 40 years, Joseph Tomasso was laid off, based on a supervisor’s evaluation. But at the age of 59, he sued for age discrimination.

The case proceeded this way: After the company’s retention rating system was replaced by a new evaluation system that ranked employees on nine aspects of job performance, Tomasso was ranked poorly in most of them. When he found out that all of the laid off employees were over 40, and everyone below 40 was kept on, he sued for age discrimination.

The first judge dismissed his case, citing the low performance evaluations, but Tomasso appealed to a higher circuit court that took a different stand. The court found most of the nine aspects of job performance “too subjective to be relied on,” and turned to Tomasso’s own affidavits about his performance, which were diametrically opposed to his boss’s opinion. The circuit court sent the case back to district court for trial.

Business & Legal Reports, which filed the story, determines that “unless an aspect of performance can be measured with the metrics offered to back up an evaluation, it’s unlikely to stand up in court.” Thus, a company shouldn’t lay off an employee without solid documentation, as Boeing did to Tomasso.

California proposes new sexual harassment training regulations

2006-07-17T08:58:00.000-05:00

On June 30, California’s Fair Employment and Housing Commission issued modifications of AB 1825, the law that requires mandatory sexual harassment training for supervisors that puts new restrictions on online training.

Among the new requirements are that employers who use Web-based training must be able to document that each manager attends the entire training and actively participates in the training’s interactive content through tests and interactive exercises.

This means that all forms of interactive training must include: questions that assess learning and hypothetical scenarios of harassment situations with discussion questions so managers are engaged in the training.

The new requirements further state that trainers or instructional designers must have “legal education or practical experience in harassment, discrimination and retaliation training and knowledge of California and federal laws prohibiting unlawful harassment, discrimination and retaliation.” Thus, it will be essential for companies to monitor their trainers and the online programs they use to make sure they meet this requirement.

The "Modified Proposed Regulations on Harassment Training and Education" are open to the public for written comment until July 21, 2006. At the FEHC's next meeting on August 29, 2006, Commissioners will decide whether to adopt or make further changes to the modified regulations.

Demoted executive sues for bias

2006-07-13T08:33:00.000-05:00

After Raymond Cornwell, an African American financial executive at an Electra Central Credit Union in Oregon was demoted; he sued for racial discrimination, wrongful discharge and retaliation.

Cornwell was demoted by a newly appointed CEO, who excluded Cornwell from meetings and demoted him without warning.

The court originally accepted the CEO’s explanation that Cromwell was demoted for another reason and dismissed the charges. But Cromwell appealed to a district court that found in his favor. Even though Cromwell had no direct evidence of the CEO’s bias, the court concentrated on circumstantial evidence – that he was the only African American officer, the only one demoted, that he was excluded from officers’ meetings and his original duties were given to a less-experienced white woman.

The court relied on a Supreme Court ruling from 2003 that stressed circumstantial evidence should have the same weight as direct evidence and need not be better or more plentiful than direct evidence.

Cornwell v. Electra Central Credit Union will now go to a jury in the district court.

Business & Legal Reports, which reported the case, concludes that “demoting anyone without warning or reasons is always a bad practice. If the person is in a protected class, it can land you in court.”

Closing the sale

2006-07-10T10:05:00.000-05:00

Experienced salespeople know there are three steps to closing a sale, according to Pickupguide.com:

1. Recognizing the time to close
2. Deciding on your closing technique
3. Making the closing statement

In recognizing the time to close, you must avoid closing too early, before value has been created or objections met. And you must not close too late, after the customer’s enthusiasm has dropped.

There are a number of closing techniques, from the direct close of asking for the order to the power of suggestion close of helping your customer see himself using the product. Choose the one that’s right for the situation.

The closing statement needs to be smooth and delivered with confidence. Once you have decided on your technique, you are ready to make the closing statement:

· Stay in your normal discussion mode and tone.
· Don’t pressure for a sale. Move slowly but deliberately to the next step in the process.
· Ask questions if the close doesn’t lead to a final sale and do what is necessary to salvage the situation.

Mentoring

2006-07-06T08:32:00.000-05:00

Mentoring was traditionally an arrangement between an older, wiser individual and a younger, less experienced one seeking to learn and grow. But today, the superior/subordinate relationship has been replaced by a partnership approach in which mentors and mentees learn from each other. Their relationship is power free and creates an acceptable forum for managers to hear from staff about their ideas and concerns.

Today’s mentor assumes four major roles:
· Coach – encouraging the mentee to remain motivated
· Consultant – helping the mentee identify problems and assisting in their solution
· Teacher – assisting the mentee in skill and competency development
· Relationship builder – facilitating the management of relationships

Mentees should pursue the following guidelines:
· Take responsibility for their own learning
· Develop a personal action plan
· Determine the skills they want to improve
· Devote the necessary time for practicing these skills

EEOC offers tips on teen employment

2006-06-29T09:04:00.000-05:00

Last summer, more than seven million teens joined the U.S. workforce, prompting the EEOC to launch a campaign that promotes compliance and prevents discrimination and harassment against teen workers this summer.

“We urge employers to heighten their awareness of workplace issues affecting our nation’s youth. Create an environment in which young workers can learn, develop and thrive,” the EEOC says.

It issued the following tips for employers:

* Encourage open, positive and respectful interactions with young workers. * Establish a strong corporate policy for handling complaints.
* Provide alternative avenues to report complaints and identify appropriate staff to contact.
* Encourage young workers to come forward with concerns and protect employees who report problems.
* Post company policies on discrimination and complaint processing in visible locations.
* Clearly communicate, update and reinforce information about discrimination policies in a manner young employees can understand.
* Provide training to managers and employees.

Supreme Court affirms sex discrimination retaliation award

2006-06-27T08:28:00.000-05:00

The Supreme Court on Thursday affirmed a sex discrimination jury award for a female forklift operator who was transferred to a more physical job after she filed a lawsuit accusing her employer of sexual harassment, The New York Times reported.

By a 9-0 vote, justices said that Sheila White was improperly punished with a suspension for 37 days and a transfer from operating the forklift to doing more physical work as a yard worker.

The high court's ruling tilts the balance of power in employment settings toward employees by establishing a broader legal standard for retaliation claims, an area of litigation that has exploded in recent years.

Under the high court's standard, employers are liable for unlawful retaliation if their actions "interfere with an employee's efforts" to ensure that he or she is not discriminated against in the workplace.

Retaliation claims by workers have more than doubled over the past decade, comprising more than 30 percent of the Equal Employment Opportunity Commission's caseload and costing more than $130,000 each to resolve.

White was the only woman working in the rail yard for the Burlington Northern Santa Fe Railway in Memphis, Tenn. After she accused her supervisor of sexually harassing her, a company investigation led to the foreman's suspension. But White also was transferred to work as a regular track worker, a more physically demanding job than operating a forklift.
The railroad eventually rescinded its decision to suspend White -- clearing her of insubordination charges -- and compensated her for back pay.

A jury rejected her sex discrimination charge but found in her favor on the retaliation claim, awarding her $43,000.

Customer service cares

2006-06-22T14:53:00.000-05:00

When it comes to customer service, train your employees to CARE:

Concerned: When customer service employees demonstrate concern, customers feel their needs are important. Employees should be interested in helping, give accurate information, listen carefully and answer questions truthfully.

Accommodating: Customer service employees must do whatever it takes to help a customer. They should take ownership of the situation and respond to the business needs of the customer to solve any problem.

Recovering: When customer service employees turn bad situations into good by devising creative ways to solve problems, they build strong relationships with customers and win their loyalty.

Excelling: When customer service employees should go beyond what is necessary, they exceed customer expectations. By solving customer problems and making them feel great about it, they provide excellent customer service.

EEOC lawsuit for sex discrimination filed against Les Schwab Tire Centers

2006-06-19T08:36:00.000-05:00

The EEOC filed a lawsuit accusing Les Schwab Tire Centers of failing to hire, train and promote women into management jobs because of their sex.
The lawsuit against the company, which is based in Prineville, OR and operates over 400 locations in Western states, stems from complaints Megan Morris and Jennifer Strange filed with the agency. They worked in various stores in Washington and were repeatedly denied promotions because of their gender, according to the suit.

“I started at the bottom and worked up to sales and management for an independently owned store,” Strange said. “But when Les Schwab corporate took over they demoted me to bookkeeper and when I asked about my prior position I was told, ‘No gal in the company would ever make that kind of money. Gals should work in admin.”

EEOC regional attorney William R. Tamayo said, “It is shocking to see a sex-segregated work force where qualified and capable female applicants who want to move up the ladder are held back due to their gender. Our suit seeks monetary relief for a potentially large class of women, and we are also seeking corrective measures to remove the barriers of discrimination."

He noted that the EEOC filed the suit after first attempting to reach a voluntary settlement, and now seeks monetary damages, training on anti-discrimination laws, posting of notices at work sites and other injunctive relief.

HR responsibilities

2006-06-16T09:11:00.000-05:00

Human resources managers play an important role in creating a work environment that is conducive to employee well-being and productivity.

Training magazine says HR must:

* assist management in developing and implementing a clear, workable leadership process that enables managers to set achievable, challenging goals

* make sure top performers within the company are recognized and supported

* establish and build systems that encourage individuals to work together in teams to get the job done

* help management identify potential conflicts and resolve them in a prompt, efficient manner

HR must also know the business it services so it can give sound and meaningful guidance to managers and employees.

FedEx ordered to pay $61 million in national origin discrimination suit

2006-06-13T10:06:00.000-05:00

A California Superior Court jury awarded $61 million on June 2 to two Lebanese Americans who suffered national origin discrimination at FedEx in Oakland, where they work as drivers. The Alameda County court awarded $50 million in punitive damages and $11 million in compensatory damages.

In accordance with California’s Fair Employment and Housing Act, which holds individuals liable for workplace harassment, Stacy Shoun, the terminal manager who committed the discriminatory behavior, was ordered to pay $1 million as well.

Edgar Rizkallah and Kamil Issa said they were called “terrorists,” “camel jockeys” and other epithets in 1999 and 2000 by Shoun. The men complained about the hostile work environment to senior managers, but the company ignored them, according to Shawn Miller, an attorney at the Dolan Law Firm in San Francisco, which represented the plaintiffs. At the trial, other employees testified they witnessed the harassment.

The plaintiffs filed the case in 2001 with the California Department of Fair Employment and Housing before filing their lawsuit. No attempts at settlement were made after the suit was filed, Miller said.

“FedEx firmly disagrees with this verdict,” said a company spokesman. “The company has strong anti-discriminatory policies, and this is not tolerated. We will vigorously appeal this verdict to the highest court.”

Both plaintiffs and Shoun continue to work at FedEx, but the company declined to say whether Shoun was still in management.

Wal-Mart settles sexual discrimination suits

2006-06-08T09:01:00.000-05:00

Wal-Mart Stores settled two sexual harassment lawsuits filed by the EEOC last week and will pay $315,000 to three employees at the Bradenton, FL Super Center.

The first suit, filed in 2004, charged the company with allowing sexual harassment of two female associates by a male department manager to go unchecked after the employees complained to management. The harassment continued until one of the employees was forced to quit her job and the manager ultimately resigned his employment.

The second suit, filed in 2005, charged the company with permitting another female associate to be sexually harassed by the store assistant manager. Despite the employee’s complaint, nothing was done to stop the illegal behavior until the assistant manager was transferred out of the store for unrelated reasons.

The decree further requires Wal-Mart to comply with other non-monetary relief, including posting its anti-discrimination policy; providing annual sexual harassment training for managers; and entering into a three-year monitoring period with the EEOC.

EEOC Miami attorney Delner Franklin-Thomas said, “These cases involve a large employer which had in place written harassment policies. But policies alone are not always enough. The staff in charge of implementing the policies failed to take appropriate corrective action. Harassment policies work best when supervisors and managers are trained on what to do when they receive complaints.”

Avoid job search blunders

2006-06-05T14:18:00.000-05:00

An applicant submitted a resume with misspelled words that was stained with orange juice.

An applicant came to an interview in torn shirt, jeans and flip flops.

A jobseeker wrote on her application, 'My boss was a jerk so I quit.'"

These are examples of job search blunders Office Team, a staffing service, submitted to Business & Legal Reports.

"Jobseekers are being evaluated from the moment they submit a resume," said Diane Domeyer, executive director of Office Team. "It's critical that applicants behave professionally and treat everyone they encounter, from the receptionist to the person they bump into in the elevator, as someone who may weigh in on the hiring decision."

Poor communication etiquette was a mistake frequently cited, including applicants following up too frequently, failing to return calls or show interest in the job, and talking too much or too little during the interview.
Other behavior that left a negative impression included jobseekers that failed to research the company or learn the interviewer's name, or were discourteous to the office receptionist when calling or visiting a prospective employer.

Applicants must follow the protocol and perform professionally when applying for new positions, and potential employers have every right to reject them immediately if they don’t.

EEOC wins national origin discrimination case for Indian workers

2006-06-01T09:47:00.000-05:00

A federal judge has ordered John Pickle Co. and its president, John Pickle, to pay $1.24 million to 52 male victims of national origin discrimination who were recruited from India as skilled laborers and then subjected to widespread abuse, intimidation and exploitation.

In the EEOC lawsuit against the Tulsa, OK company, the judge ruled that JPC was responsible for subjecting the Indian workers to fraud and deceit, inadequate pay, sub-standard living conditions, false imprisonment, lockdowns with an armed guard, phone tapping, food rationing, restrictions on freedom to worship, ethnic slurs and intimidation. The conduct violated Title VII of the Civil Rights Act of 1964 because the treatment was based on the national origin of the workers.

Indian witnesses testified that they were brought to the U.S. with the promise of lawful wages and appropriate working conditions, but upon arriving their identification and immigration documents were confiscated, they were crammed into warehouse dormitories and were paid between $1.00 and $3.17 per hour.

“This is a case in which the American dream turned into a workplace nightmare,” said EEOC Dallas attorney Robert A. Canino. “We expect that a decision like this, which wraps the civil rights laws around the country’s growing problem of human trafficking, will serve as a valuable precedent.”

Team effectiveness

2006-05-30T12:19:00.000-05:00

How efficient are your workplace teams? According to Workforce.com:

Teams need to be organized around horizontal processes that include different disciplines, functions or skills – to what extent is there one key process that provides the focus for your team?

Teams need to have a shared view of what is to be accomplished and a goal to which all team members contribute – to what extent is there a specific goal for your team and is the goal defined in simple terms, so all members understand it?

Teams need to have agreed-upon ways of working that cuts across boundaries – to what extent has your team defined how it will solve problems and the roles each member will play?

Teams need shared measures of success and ways of rewarding achievement – to what extent are your team’s goals measurable and do team members share in the rewards you earn?

Advertising executive sues company for age discrimination

2006-05-25T08:03:00.000-05:00

George Hayes, 54, a 30-year veteran media buyer at McCann Worldgroup, a large advertising company, sued the firm for age discrimination after being terminated last December, AdAge reported.

Hayes filed suit in New York State Supreme Court this month, claiming he was wrongfully terminated in the agency’s attempt to modernize itself. He charges that Nick Brien, the company’s new CEO, “values youth instead of experience and desired younger persons in place of older persons and acted upon his discriminatory preference by terminating older persons, because of their age.” He says Brien stated at a meeting “‘young people got it when it came to new media’ and ‘things will be different around here.’”

The suit is significant because it indicates what may become a major issue for the advertising industry as large agencies recreate themselves for the digital age by dismissing long time employees in favor of younger ones who are more in tune with the contemporary media environment.

McCann Worldgroup hasn’t commented on the lawsuit yet.

Fitness-for-duty certificates

2006-05-22T12:09:00.000-05:00

Mindy Bloom, an ultrasound technician at the Metro Heart Group in St. Louis, filed a workers’ compensation claim due to recurring carpal tunnel syndrome symptoms in 2002. When she was unable to fully operate the equipment due to her injury, Metro placed her on leave, in accordance with the Family and Medical Leave Act, and informed her that a “fitness-for-duty” certificate would be required before she could return to work.

Bloom was unable to secure the certificate, either from her own or Metro’s doctor, and she was terminated from her position because she was unable to do the job.

Bloom sued Metro for violations of the FMLA and retaliatory discharge for exercising her rights under the state’s workers’ compensation act. But a U.S. district court dismissed her claims and a circuit court affirmed, holding that the FMLA does not require employers to allow employees to remain in positions that the employee cannot perform. The courts found that the employer’s fitness-for-duty requirement complied with the FMLA.

The case demonstrates that employers should require employees on medical leave to submit a fitness-for-duty certificate from a health care provider as a condition of reinstatement.

The FMLA states:

* If the employer requires, the employee must provide a medical certification of the employee’s fitness to return to work.
* The employer’s requirement for a fitness for duty medical certification must by communicated in writing, usually at the time the employee provides notice of the need for leave.
* The requirement for a certificate of fitness to return to work must be job-related and consistent with business necessity pursuant to the Americans with Disabilities Act.
* If the employer requires, the employee must provide a medical certification of the employee's fitness to return to work if the FMLA leave was taken for the employee's own serious health condition.
* The employer's requirement must be made pursuant to a practice or uniformly-applied policy and applies only to the health condition which caused the employee to be unable to perform the functions of the employee's job. For example, if the employee took FMLA leave because a back injury prevented the employee from loading trucks, the employer could not require the employee to submit certification regarding HIV.
* The employer's requirement for a fitness for duty medical certification must be communicated to the employee in writing, usually at the time the employee provides notice of the need for leave, or immediately after leave begins if unforeseeable.
* The medical certification of the employee's fitness to return to work may be only a simple statement from the employee's doctor.
The requirement for a certificate of fitness to return to work must be job-related and consistent with business necessity pursuant to the Americans with Disabilities Act (ADA). For more detailed information, see Regulations 29 CFR Part 825.310.
* If all the employer's notification responsibilities have been met, and the employee fails to provide a fitness certificate as required at the time the employee is to return to work, the employer may delay the employee's return to work until the fitness certificate is provided.Under some circumstances, if the employee fails to provide the fitness certificate, the employee may be terminated. For more information, see Regulations 29 CFR Part 825.311(c).

12 questions to measure employee engagement

2006-05-22T12:03:00.000-05:00

F ive years ago, The Gallup Organization began creating a feedback system for employers that would identify and measure elements of worker engagement tied to the bottom line -- sales growth, productivity and customer loyalty.

After thousands of interviews with employees in a variety of industries, Gallup came up with the Q12, a 12-question survey that identifies strong feelings of employee engagement. Results from the survey show a strong correlation between high scores and superior job performance. Here are those 12 questions:

* Do you know what is expected of you at work?
* Do you have the materials and equipment you need to do your work right?
* At work, do you have the opportunity to do what you do best every day?
* In the last seven days, have you received recognition or praise for doing good work?
* Does your supervisor, or someone at work, seem to care about you as a person?
* Is there someone at work who encourages your development?
* At work, do your opinions seem to count?
* Does the mission/purpose of your company make you feel your job is important?
* Are your associates (fellow employees) committed to doing quality work? * Do you have a best friend at work?
* In the last six months, has someone at work talked to you about your progress?
* In the last year, have you had opportunities at work to learn and grow?

Deficit in management diversity in finance industry

2006-05-18T14:41:00.000-05:00

The EEOC released a report late last month showing that women, African Americans, Hispanics and Asians are lagging behind as managers in a large share of financial industry firms.

The study examined the banking, credit, securities and insurance sectors, with particular attention to the status of women and members of diverse groups in management positions. The report is based on EEO-1 data required of private sector employers with over 100 employees.

The report found that:* a large portion of establishments report much lower ratios of officials and managers to sales workers for all groups
* the percentage of women officials and managers is highest in banking/credit (48.6 percent) and lowest in securities (33.8 percent)
* the percentage of African American officials and managers is highest in banking/credit (7 percent) and lowest in securities (4.4 percent)
* the percentage of Hispanic officials and managers is highest in central banking (5.1 percent) and lowest in securities (2.9 percent)
* the percentage of Asian officials and managers is highest in securities (6.4 percent) and lowest in central banking and insurance (2.8 percent)

“By issuing this report, we hope to spur action to level a key playing field,” said Cari M. Dominguez, EEOC chair. “Because the finance industry offers many well-paying jobs, and is expected to see growth in the coming years, we must continue to mentor professional women and people of color.”

Training servers

2006-05-11T08:50:00.000-05:00

Restaurants used to hire servers on the spot and start them the next day. In today’s more competitive environment, many have developed elaborate training programs to insure servers will project the restaurant’s image and provide customer satisfaction, according to Workforce Management magazine.

Cheesecake Factory, which operates over 112 restaurants with annual revenue of $1.2 billion, requires trainees to go through a rigorous two week certification process. During this time, they are assigned a mentor who demonstrates how servers interact with customers and navigate diverse situations in the restaurant. At the end of the two weeks, they are given examinations and must achieve a high mark to become full fledged servers. They receive follow-up training thirty days after they start and biannual training to coincide with the changing of the menu. To maintain strict quality control, servers go through a recertification process once a year. Top servers are cross-trained in various disciplines to become certified serving trainers.

“Servers are on the front line, they’re our public face,” says Chuck Wensing, vice president of performance and development. The formalized training promotes customer satisfaction and ensures consistent service throughout the chain.

EEOC to pursue “systemic” inequality cases

2006-05-08T09:54:00.000-05:00

The country’s chief watchdog on employment discrimination will shift its focus to cases of “systemic” inequality that transcend a single complaint, rather than solely representing individual plaintiffs.

The EEOC voted in April to increase its investigation and litigation cases nationwide in which a pattern or policy of alleged discrimination has a broad impact on an industry, profession, company or geographic location.

“We’re fundamentally changing the way we do our work,” Cari Dominguez, EEOC’s chairman said.

A defense lawyer estimates the EEOC might pursue 150 to 200 cases annually under the new directive, rather than the current 250 to 400. But it will try to make a bigger splash with each one.

Policies that can result in systemic discrimination include requiring employees to be 100 percent recovered from an illness or injury before returning to work, denying them absences during their first year of employment and refusing to hire workers convicted of a felony.

Industries most likely to be vulnerable to systemic discrimination include those that tend to recruit and hire minority workers, such as hotels, food service establishments, cleaning companies and construction businesses. The cost of compliance could also increase. Insurance providers may be unwilling to write an employer liability policy for a company whose industry has been identified by the EEOC as having a systemic problem with discrimination.

EEOC settles national origin discrimination suit

2006-05-04T09:00:00.000-05:00

In 2000, Ofelia Cortinas and Barbara Gamez, service employees at U S West Communications in Portland, OR, applied for management positions. When they were denied, they filed complaints with the EEOC, alleging they were victims of national origin discrimination.

In April, the EEOC announced it had won the case and reached a settlement with Qwest Communications, which acquired U S West in 2000. Cortinas, Gamez and six other Hispanic employees will share $400,000.

The EEOC filed the complaint in 2001, but attempts at initial settlement failed, so it brought the suit to district court, and Qwest agreed to settle before it went to trial, according to John Stanley, an EEOC lawyer in Seattle. In settling the lawsuit, the company denied the allegations.

In addition to the $400,000 settlement, Qwest will be monitored for the next two years by the EEOC to insure it complies with the Civil Rights Act and provides discrimination training for its hiring managers.

National origin discrimination charges increased by 112 percent in a recent ten year period, with nearly 2,700 brought in 2002, according to the EEOC. They accounted for 17 percent of all discrimination cases brought last year.

Discrimination lawsuit filed against New York company

2006-05-01T08:53:00.000-05:00

Nine current and former employees of Super Steel Schenectady, a locomotive manufacturer in Glenville, NY, filed a $175 million class action discrimination lawsuit last week.

The lawsuit filed in the Albany district court alleges that the employees, all black, endured threats of physical violence and racist taunts, including an episode already being investigated in which a black employee found a monkey hanging from a noose in his locker with a racist message attached.

“Super Steel has repeatedly made decisions that create and cultivate an atmosphere where its African-American employees are threatened, harassed, criticized and denied advancement,” said David Sanford, a civil rights attorney from Washington D.C. who is handling the case. “A typical shift for African-American employees requires avoiding the ‘white’ parts of the break area, using a restroom with graffiti that degrades African-Americans and supports the KKK, and suffering under a non-responsive Human Resources Department.”

The plaintiffs seek an injunction that would bar Super Steel from engaging in further unlawful practices and implement programs that would remedy the situation. They also seek $25 million in compensatory damages and $150 million in punitive damages.

Super Steel Schenectady, a subsidiary of Super Steel Products, Milwaukee, denies the allegations. “The company does not condone or tolerate unlawful discrimination or harassment against any of our employees,” it said in a statement that also agreed to cooperate with local law enforcement to resolve the situation.

Retaining employee documents

2006-04-27T08:06:00.000-05:00

Once an employee complaint is filed, companies should gather the employee’s pertinent documentation, especially e-mail. They should err on the side of keeping more documents rather than fewer, according to Workforce Management.

That was the lesson learned by EchoStar Communications, a Maryland company, when an employee, Dino Broccoli, complained about his supervisor’s sexually harassing conduct. Following his discharge, he filed an EEOC claim against his employer and a lawsuit commenced. In the interim, the employer maintained its normal 14-day document purge policy and deleted his documents.

When Broccoli sought discovery of certain e-mail items, his employer said they no longer existed. Broccoli sought sanctions and an adverse inference against the company was granted and attorney fees awarded.

The lesson for employers is that they keep employee documents on file and gather them whenever an employee complaint is filed, including e-mail.

Cover letters

2006-04-24T12:46:00.000-05:00

Well-written cover letters set applicants apart from the majority you receive and should be read carefully to isolate the best candidates for the position you are trying to fill.

A thoughtful cover letter tells you the candidate took the time to customize her application to fit your needs, so perhaps she will make the best employee.

Human resources directors should follow these tips when reading cover letters:

* Look for an overall statement about why the candidate is applying for the job.
* Make sure the candidate provides specific examples about how her skills and experiences match what you seek.
* Determine whether the candidate relayed her character traits and values in the letter.
* Check for a summary of the candidate’s qualifications and how she can bring value to your organization.
* Find an action-oriented ending that expresses the candidate’s hope for a positive conclusion.

Retaining government employees

2006-04-20T15:02:00.000-05:00

Federal employers could be headed for turbulent waters this year with up to 20 percent of government employees dissatisfied with their jobs and thinking about leaving, according to a CareerBuilder survey.

One reason for the dissatisfaction is the heftier workload required to replace retiring workers, with 50 percent of surveyed employees saying their workload is unmanageable, according to CareerBuilder.

What can federal employers do to bolster retention and improve morale? One of the most important measures is to establish career development programs. Thirty-seven percent of surveyed employees said they are dissatisfied with advancement opportunities and 33 percent said they are unhappy with training and development programs, so adding them to your organization will provide new opportunities for employees that will help keep them on the job.

Preventing workplace violence

2006-04-17T09:03:00.000-05:00

There were 551 workplace homicides in the U.S. in 2004, according to Bureau of Labor Statistics, making workplace violence the third leading cause of workplace fatalities, following traffic accidents and falls. But it is preventable.

If companies establish a comprehensive policy on workplace violence and conduct effective training for managers and employees, they can prevent violent incidents and keep employees safe.

The workplace violence policy should prohibit employees and anyone else on company property from behaving in a violent and threatening manner. The policy should include reporting and investigating procedures and require employees to report all incidents to management.

Managers should be trained to recognize warning signs of violence and defuse potentially violent situations. They should also be trained to use performance counseling, discipline and other management tools to handle violence prone employees.

Employees should be trained to follow the company’s workplace violence policy and reporting procedures. They should also be trained to deal with hostile people, manage their own anger and stress and understand what company programs are available to assist employees in resolving conflicts.

EEOC files age discrimination suit against Lucent

2006-04-13T09:17:00.000-05:00

The Equal Employment Opportunity Commission sued Lucent Technologies Inc. on Monday, claiming the telecommunications equipment company violated the Age Discrimination Employment Act when it fired a veteran worker.

Thomas Cross, 55, was dismissed in 2002 after 34 years as an installation estimator in the St. Louis suburb of Chesterfield. The suit claims Cross was fired while Lucent retained younger employees with "lower ratings."
The suit seeks "lost wages and benefits, liquidated damages and injunctive relief" and was filed after an out-of-court settlement was not reached.

Bill Price, a spokesman for Murray Hill, N.J.-based Lucent, declined to comment.

In Fiscal Year 2005, EEOC received 16,585 charges of age discrimination. EEOC resolved 14,076 age discrimination charges in FY 2005 and recovered $77.7 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

EEOC files gender discrimination suit against Los Angeles restaurant chain

2006-04-10T09:15:00.000-05:00

In 2003, Brandon Little applied for a server position at one of the Lawry’s restaurants in Los Angeles but wasn’t hired. When he determined he was a victim of gender discrimination he contacted the EEOC, which filed a Title VII lawsuit against the company on March 31.

The EEOC determined that Lawry’s established a policy of hiring women only for server positions in 1938 and failed to update the policy after passage of the Civil Rights Act of 1964. “The practice of denying men the opportunity to work in the higher-paying server jobs is blatant sexual discrimination,” says Dana Johnson, a trial attorney at the EEOC in Los Angeles.

After failing to come to an agreement with Lawry’s after Little contacted the EEOC, it filed the lawsuit, seeking compensatory, emotional distress and punitive damages that would be paid to Little and other men who were denied employment and “chilled applicants” who never applied because they were aware of Lawry’s policy.

Lawry’s, which operates steak and prime rib restaurants in Los Angeles, Las Vegas, Dallas and Chicago, says it “denies the merit” of the suit and was disappointed by the legal action. “Lawry’s is confident once the facts of this case and the EEOC’s unreasonable actions and positions are brought to light, Lawry’s Restaurants will prevail.”

Johnson says a judge has been selected to hear the case, which will come to trial after the EEOC and Lawry’s file their preliminary arguments.

Retaliation claim reaches the high court

2006-04-06T08:36:00.000-05:00

The Supreme Court will hear a case in April that may set a new standard for employee claims of retaliation in discrimination complaints.

The case involves Sheila White, an employee of Burlington Northern & Santa Fe Railway, who alleges the company tried to squelch her sexual harassment complaint by taking away her job and assigning her to a new position.

After White filed an internal complaint, the company suspended her supervisor and reassigned her to a new position. She subsequently filed a complaint with the EEOC, claiming the reassignment constituted retaliation and sexual discrimination. After a jury ruled in White’s favor and an appeals court upheld the verdict, the company appealed to the Supreme Court, saying the standard for retaliation was set too low.

The issue has split observers, with White’s supporters arguing that retaliation can constitute any adverse action that may deter someone from filing a complaint. But her opponents say retaliation must involve a decision to change pay, benefits or employment status. The law firm for one opponent, the Society for Human Resource Management, says “an expanding and volatile range of retaliation claims jeopardizes legitimate employer practices and opens the door for an increase in litigation.”

If the Supreme Court endorses White’s definition of retaliation, companies will have to take steps to avoid retaliation. “HR professionals and management would need additional training on how to recognize more subtle forms of retaliation instead of the more obvious, like a demotion or reduction in pay,” said Dede Church, a consultant at Employment Practices Solution. “They would need to look much more closely for things like employee ostracization and general hostility toward the complaining employee.”

Non-discriminatory conduct

2006-04-04T12:42:00.000-05:00

Companies often ask, “Can we change the way we treat employees without violating discrimination laws?” “Can a new supervisor deviate from the practices of a prior supervisor without being accused of discrimination?”

A recent case, Rojas v. State of Florida, sheds light on this issue. Nancy Rojas worked for the state of Florida as a veterinary assistant testing greyhounds at Florida dog tracks. After being fired by a new male supervisor, she filed a Title VII suit against the state, saying she had been terminated on account of sex. The new supervisor had sent a memorandum informing the vets of the policies to be followed and Rojas apparently violated them with tardiness and absences. Rojas claimed her former supervisor had praised her work, but the court didn’t view this as evidence of discrimination. “Different supervisors may impose different standards of behavior, and a new supervisor may decide to enforce policies a previous supervisor did not consider important,” the Court ruled.

How Rojas’s new supervisor implemented changes should be considered by companies desiring to alter prior workplace practices. When Rojas’s new supervisor took over, he sent a memo about the new policies and as violations occurred he notified his superiors. Documented conduct consistent with the written procedure was viewed by the court as evidence of non-discriminatory conduct. Thus, changes to prior procedures, if implemented with fair and consistent treatment of employees, may be accomplished without violating discrimination laws.

Diversity training for Jacksonville firefighters

2006-03-30T10:12:00.000-05:00

“These men and women, they run into burning buildings to save citizens’ lives,” says Jacksonville, FL fire Chief Rick Barrett. But some of them commit racial harassment by placing hangman nooses on the uniforms of black firefighters.

After two African American firemen found the nooses on their uniforms in February, they reported the incident and took administrative leave. An investigation followed, leading Jacksonville’s mayor, John Peyton, to say, “Harassment of this kind is morally reprehensible and I will not tolerate it in an employee of this city government.”Peyton requested the Jacksonville Human Rights Commission to investigate the incident, review recruitment and hiring practices in the fire department and institute a diversity training program for all employees.

In late February, fire department employees started a one week online diversity training program that covers racial and sexual harassment.

Reducing the risk of MSDs

2006-03-27T09:31:00.000-05:00

Every year, nearly two million American workers suffer musculoskeletal disorders from the work they do. From pinched nerves to inflamed tendons and sore necks, stress-related MSDs occur to all kinds of employees, from office workers to manual laborers.

Workers can protect themselves by being aware of the signs and symptoms of MSDs: decreased range of motion, swelling, redness, decreased grip strength and loss of function (fingers won’t move on command).

A big part of MSD prevention is identifying the kinds of activities that are associated with it. Common factors include force, repetition and awkward or static postures.

Employers can set up administrative controls to reduce the risk of MSDs – job rotations, alternating tasks, expanding work to vary the physical activities and adding mini-breaks.

Employers should use the principles of ergonomics – the science of fitting jobs to people, to reduce the risk. They should focus on everything from the positioning of office chairs to computer screens, and adjust them to make the job more comfortable for employees, which reduce the risk of MSDs.

Dealing with difficult customers

2006-03-24T10:08:00.000-05:00

No salesperson likes a difficult customer, but they are actually valuable to your business. Most customers who feel mistreated take their business elsewhere, but difficult customers care enough to talk to you, so they are worth saving. Salespeople gain personally as well, growing more confident about their abilities when they can sell to a difficult customer.

Here are some key sales strategies for dealing with difficult customers:

* Stay calm – don’t jump to the defensive and don’t argue with the customer
* Show respect – let them say what they have to say and show empathy for their problem
* Take notes – salespeople should keep an accurate record of the proceedings
* Resolve the problem – salespeople must determine how they can solve the customer’s problem and reach an agreement on how it can be done
* Express gratitude – salespeople should thank the customer for presenting the problem, apologize for any inconvenience and express interest in continuing to assist them

Workplace lawsuits decrease

2006-03-20T13:13:00.000-05:00

An annual "on the job" survey finds that the number of companies reporting workplace lawsuits fell.

The survey, conducted by Jackson Lewis, a national law firm representing management in workplace issues, was developed to chart trends and developments in workplace law and related issues. It found that:

* 49 percent of companies were sued by employees in 2005, an 8 percent decrease from 2004.
* 51 percent of the cases were based on gender discrimination, followed by race discrimination, age discrimination, disability discrimination and national origin discrimination.
* Complaints of sexual harassment show steady decrease, with 48 percent claiming there were no sexual harassment complaints in their workplace, compared with 44 percent in 2004 and 37 percent in 2003.
* 89 percent of the companies conduct sexual harassment prevention training for supervisors, up from 81 percent in 2004 and 79 percent in 2003.
* 56 percent of the companies provide mandatory prevention training for all employees.

Drug testing

2006-03-16T09:39:00.000-05:00

If you plan to use drug testing as part of your workplace substance abuse policy, there are many legal issues to consider. Drug testing is not allowed in every state, so before proceeding with a policy you must check with your state Department of Labor for current laws.

If drug testing is permissible in your state, it should be pursued in accordance with a formal company substance abuse policy with these components, according to the American College of Occupational and Environmental Medicine:
a written policy that is applied impartially
affected employees and applicants should be informed in advance about the company’s policy and made aware of their right to refuse such screening and the consequence of refusal
tests should be performed in a uniform and impartial manner for all employees
collection, transportation and analysis of test specimens should meet legal, technical and ethical requirements
a licensed physician should be designated as the medical review officer and evaluate positive results prior to a report being made to the employer
the affected employee or applicant should be advised of positive results by the physician and have the opportunity for explanation prior to the reporting to the employer

Conflict resolution

2006-03-13T09:38:00.000-05:00

Conflict in the workplace must be addressed to maintain productivity, increase retention and improve morale. Failure to address conflict may result in escalation of the problem and unproductive behavior, such as resentment, displacement and defensiveness.

HR directors can follow these guidelines to resolve a conflict between employees:

* Create an environment that is conducive to resolution of the conflict, a quite, private setting works best.
* Determine what outcomes you’d like to see as a result of the discussion.
* Begin by allowing each party to express their point of view.
* Agree on the differences of each point of view.
* Explore and discuss potential solutions and alternatives.
* Agree on a plan that meets the needs of both parties and the organization and prepare a detailed schedule for implementing the plan.
* Measure progress against proposed actions.

Avoiding litigation

2006-03-09T09:11:00.000-05:00

When companies terminate employees, they are often served with lawsuits they frequently lose because they’ve handled the situations incorrectly.

* Managers may not have kept a clear written record of what occurred, which makes it hard to document the conflict with the employee.

* Managers may not have properly trained the employee, which enables him to claim he didn’t have the opportunity to succeed.

* Managers may not have filed accurate employee evaluations, so they don’t reflect his performance.

* Managers may not have kept copies of the employee’s substandard work, so there’s no proof it occurred.

* Managers may have written negative email about the employee, which can be interpreted as discriminatory.

Human resources professionals are aware of these issues and can help managers avoid them. Whenever a potential termination situation arises, managers should consult HR professionals for advice on how to proceed. This takes the burden off the manager and makes it a company problem, which the HR director may be able to solve to avoid litigation.

Stress management

2006-03-06T10:22:00.000-05:00

Employee stress increases corporate health care costs, leading to increased workers compensation claims, higher absenteeism and more frequent accidents. In addition, the conflicts and interpersonal problems it causes create staff dissension as well.

Creating an organizational climate that encourages and supports people to perform at their best alleviates stress and creates a happier, healthier work force. These steps can be taken to achieve that goal:* Educate managers on how stress affects their employees.
* Give workers as much control over their jobs as possible.
* Help managers learn how to deal with discussing difficult subjects.
* Incorporate the ideals of self-image, self-esteem and self-efficacy in your employee training programs.
* Help workers expand their employment options, so they don’t worry about their future.
* Teach interpersonal skills to mangers and employees.
* Establish policies that reduce career/family problems.
* Help employees develop an emotional support system that reduces the physical and emotional impact of stressors.

Teamwork

2006-03-03T09:39:00.000-05:00

A Hay Insight study found that only 48 percent of employees feel that teamwork among departments is good or very good, which “makes it more difficult for individuals to carry out their responsibilities, employees are frustrated in their current positions and job turnover is much higher,” says Mark Royal, a senior consultant at Hay.

One reason for a lack of teamwork is the difficult task of teambuilding. Leaders often fail to define the team they want to build and can’t unite employees to meet the objective.

Successful teambuilding that creates effective, focused work teams is based on:

Clear expectations: Managers must clearly communicate expectations for the team’s performance and employees must understand why the team was created.

Contact: Team members must understand why they are participating and how the team will help the organization achieve its goals.

Commitment: Team members must be committed to the mission and understand its value to the organization and their careers.

Competence: Team members must have the knowledge, skill and capability to address issues for which the team was formed.

Collaboration: Team members must understand their roles and how to work together interpersonally.

Communication: Team members must communicate clearly and honestly, bring diverse opinions to the table and address conflicts professionally.

Retaining employees

2006-02-27T10:41:00.000-05:00

In an era of corporate downsizing, employee retention may not seem important, but it remains critical to the long term health and success of your business, because retaining the best employees ensures customer satisfaction and product sales, maintains morale among the rest of the staff and insures effective succession planning.

Employees frequently leave for better compensation, career development and new experiences. Here’s what you can do to keep them with your firm:

* Offer an attractive benefits package with components such as life and disability insurance
* Provide opportunities for people to share their knowledge via training sessions, presentations, mentoring others and team assignments.
* Offer performance feedback and praise good efforts and results.
* Enable employees to balance work and life. Allow flexible starting times, core business hours and flexible ending times.
* Involve employees in decisions that affect their jobs and the overall direction of the company whenever possible.
* Recognize and celebrate success. Mark their passage as important goals are achieved.
* Provide the opportunity for career and personal growth through training and education, cross-training and challenging assignments.
* Communicate goals, roles and responsibilities so people know what is expected and feel like part of the in-crowd.
* Make work fun. Engage and employ the special talents of each individual.

Body language at the interview

2006-02-23T09:22:00.000-05:00

A strong cover letter and resume help employees get job interviews, but they can kill their chances with weak body language.

One study found that the first impression employees make at an interview is largely based on body language.

Employees should pay attention to their posture, sitting up straight, planting their feet squarely on the floor, hand position and making eye contact with the interviewer.

At the interview, they should shake the interviewer’s hand firmly and look him or her straight in the eye when introduced. Thank the interviewer for taking the time to talk. Never sit down before the interviewer. Sit up in the chair to project an image of alertness. Respond to questions by speaking directly to the interviewer, maintaining eye contact and keeping comments on a professional level. Project confidence, not arrogance.

Overcoming language barriers

2006-02-20T10:58:00.000-05:00

A key to effective customer service in an age of international commerce is to overcome language barriers. If customers don’t speak English or speak it poorly, customer service reps must make special efforts to communicate with them, to satisfy their problems and keep their business.

Customer reps should follow these guidelines for overcoming language problems with customers:

* Be patient, and make sure the customer understands you’re trying to help.
* Speak in simple, short sentences they’re likely to understand.
* Speak slower, not louder.
* If you’re face to face with the customer, use gestures as well as language.
* When in doubt, ask questions.
* Remember never to let customers think that because you don’t speak the same language, you can’t help them.

Employers invited to hearings on California AB 1825

2006-02-16T10:53:00.000-05:00

AB 1825, the California law that requires a minimum of two hours of formal supervisor training on sexual harassment prevention, took effect on Jan. 1. Now the state’s Fair Employment Housing Commission is sponsoring public hearings about the regulations to allow employers to comment.

Stephen Anderson, a former Assembly member and Sarah Reyes, the bill’s author, will speak at the hearings, with Anderson planning to speak on the mistakes companies often make training their supervisors, who don’t know how to respond appropriately when complainants are hesitant about reporting the occurrence.

The hearings are the first opportunity for California employers to give their feedback on the new sexual harassment regulation.

The hearings will be held:

Feb. 1, 1 pm, Hiram Johnson State Office Building, 455 Golden Gate Ave., San Francisco
Feb. 10, 10 am, Ronald Reagan State Office Building, 300 South Spring St., Los Angeles

The Commission also accepts written comments about the regulations. They can be sent to: Fair Employment Housing Commission, 455 Golden Gate Ave., Suite 10600, San Francisco, CA 94102 or emailed to regs@fehc.ca.gov.

Legal and effective performance appraisals

2006-02-13T09:22:00.000-05:00

Performance appraisals are intended as constructive dialogue between a company and its employees, but they can be the basis of employee lawsuits if they are handled improperly, including the case of an African American Texaco employee, who won a $465,000 punitive award in a discrimination lawsuit, based on a termination that could have been prevented with an effective performance appraisal.

To handle your performance appraisals effectively and protect yourself from bias lawsuits, you should:

* Make sure performance expectations are clearly communicated and the standards used to evaluate employees are fair
* Be familiar with the employee’s work before you evaluate it
* Base your evaluation on how well the employee’s performance meets the specific, objective demands of the job
* Review evaluations with your supervisors before the appraisal meeting
* Allow employees to read, sign and comment on their appraisals and challenge ratings they feel are unfair

Employment terminations – the legal issues

2006-02-09T09:35:00.000-05:00

Terminating an employee is never an easy task, especially when confronted with the laws that protect employees from wrongful termination. Human resources managers should be aware of all federal and state laws that apply to the workplace.Most private employers operate at-will, meaning the employer or employee can terminate employment at any time. But there are exceptions to this rule, including anti-discrimination laws that prohibit terminations based on race, age, gender and other factors.

Employers are also prohibited by law from terminating employees for reporting situations in the workplace they believe to be violations of laws, such as the Clean Air Act or OSHA violations.

Terminating an employee is also illegal under federal law for union activity; because the employee has declared bankruptcy; for refusing to work when faced with imminent danger; for absence due to jury service; for refusal to take a lie detector test. Veterans returning from military duty must be reinstated and may not be terminated without cause for a limited time.

Some state laws offer more extensive protections than federal laws, such as discrimination based on sexual orientation. It is essential that you be aware of any such laws in your state.

Interviewing disabled applicants

2006-02-06T10:23:00.000-05:00

Employers are required under the Americans with Disabilities Act of 1990 to hire applicants with disabilities if they are the most qualified person for the job and can perform it with or without reasonable accommodations. Human resources directors should take special care when interviewing disabled applicants to avoid discriminatory questions that can expose the company to legal liability.

The questions directors should never ask a disabled applicant are:
Have you ever been treated for any of the following conditions or diseases?
* Have you ever been hospitalized?
* Have you ever been treated by a psychologist or psychiatrist?
* Have you ever been treated for any mental condition?
* Have you had a major illness in the past five years?
* How many days were you absent from work in the last five years?
* Are you taking any prescription medicines?
* Have you ever been treated for drug or alcohol addiction?

The ADA does permit you to ask these questions:

* Do you meet the prerequisite qualifications for the job?
* Can you perform the essential functions of the job?

Dealing with Difficult People

2006-02-02T09:09:00.000-05:00

Difficult behavior – including gossiping, ignoring orders, refusing to talk, being rude, yelling and harassing, is inevitable in the workplace, but managers should seek to stop it because it inhibits performance.

The first thing to do is try and draw out the reasons behind the employee’s behavior, according to Paul B. Thornton, author of Managing Difficult People. As you talk with a difficult employee, actively listen to what he or she has to say, stay calm and positive and remain impartial and non-judgmental.

If you can determine the source of the difficult behavior, you can find a solution. Indicate what you would like the employee to do more or less of. Ask him to commit to making one or two changes.

You should be willing to repeat this process as necessary, because some forms of difficult behavior may be slow to resolve. Aim for continuous improvement rather than instant success.

Sometimes, the underlying issue will be beyond your reach. The difficult employee may have psychological problems that require professional help. In these situations, you can refer the employee for specialized help or use your company’s Emergency Action Plan.

Telephone courtesy

2006-01-30T08:36:00.000-05:00

Telephone courtesy is an important component of customer service, because customers who are treated rudely will take their business elsewhere.

It’s not difficult to practice telephone courtesy, but it takes commitment. Customer service reps must sincerely care about the people they speak with and be eager to assist them.

Training your customer service reps to practice telephone courtesy starts with these important guidelines:

* answer before the third ring
* don’t use mechanical phrases
* avoid putting customers on hold
* stay on the line when transferring calls until the transfer is completed
* explain delays and return to the phone every 20 to 30 seconds
* handle complaints by: listening to the full complaint, expressing empathy, admitting mistakes and offering alternatives for resolving the issue

By practicing these guidelines, your customer service reps will provide courteous telephone service that boosts your business.

Retaining employees

2006-01-23T11:24:00.000-05:00

In today’s fast paced economy, retaining qualified employees is more difficult than ever. According to the experts, it takes more than money.

Mangers must reach out to employees to determine their needs, which go beyond salary to include growth, goals, family obligations and more.

Managers should sit employees down one by one to determine the issues that are important to them. Find out what they need and grant their wishes if possible. If not, explain the situation to them so they understand.

Managers should also give employees space to work their own way and provide them with rewards and recognition for jobs well done.

Replacing dissatisfied employees is an expense you can do without, as much as two times an annual salary. You can avoid the cost by treating your current employees with respect and creating an environment that is conducive to job satisfaction. When you keep individual employees satisfied, you improve productivity and boost morale throughout the department.

Creativity

2006-01-19T10:30:00.000-05:00

Creativity is often thought of as the domain of artistic types, but most people have the ability to be creative, and when they are they can solve problems in new ways that increase their productivity.

Employees can be trained to rediscover their natural creativity by focusing on these four objectives:

change viewpoints – by viewing the same problems differently, employees can break the visual habits that block creativity and reveal hidden possibilities for new directions

break mental habits – by throwing away old habits, employees look at problems from a fresh perspective and determine new ways of handling them

generate alternatives – by investing energy into trying out different approaches, employees improve their understanding of the problem and get closer to a reasonable solution; they can list known options and generate new ones

be elaborative – when employees add to their ideas, they can make something more complex or useful

When your employees are creative, alone or in teams, they can devise new solutions and solve problems that will enhance your organization.

How to be a good listener

2006-01-17T09:33:00.000-05:00

Studies show that people only listen with 25 percent efficiency and poor listening can lead to problems at work, from missed assignments to interpersonal conflicts.

Employees can be trained to improve their listening skills by avoiding behavior that leads to poor listening, such as speaking too much and jumping to conclusions before a speaker has finished.

When involved in a business conversation, employees should:

* Use attentive body language to acknowledge the speaker
* Face the speaker and focus
* Carefully observe what the speaker says
* Respond encouragingly to the speaker’s comments
* Paraphrase what the speaker says to demonstrate understanding
* Respond in a way that reflects the feeling of the speaker

By following these guidelines, your employees can improve their listening skills and become more productive.

Goal Setting

2006-01-12T11:24:00.000-05:00

When managers set goals, they establish specific targets and desired outcomes that will improve their company’s and their employees’ performance. The goals define priorities; establish direction; identify expected results; enhance teamwork; improve individual performance; and clarify expectations.

The goals you set for your team should be SMART goals:

Specific – State in a sentence or two exactly what you want to achieve so your employees know what to do.

Measurable – Make sure every employee knows how progress will be measured to avoid confusion and wasted effort.

Agreed upon – Consult your employees before setting goals and make sure they agree to them with a shared sense of purpose.

Realistic – Make sure your goal can be achieved within a reasonable amount of time so your employees are motivated to attain it.

Timed – Goals should have an agreed upon timetable that incorporates regular, structured review and assessmen

Ethics training

2006-01-10T11:39:00.000-05:00

Enron and other big corporate ethics stories make the headlines, but “the reality is, ethical problems are going on all the time, at all levels of companies,” according to Chris Bauer, a psychologist quoted in Workforce Management magazine.

According to a 2004 study by the Association of Certified Fraud Examiners, the average American company loses six percent of its annual revenue from internal malfeasance, from fraudulent financial statements to kickbacks and extortion.

While top executives steal the largest sums, ordinary employees are involved in 68 percent of the crimes, according to the study, committing them because of low morale and an unethical climate within their companies.

Human resources professionals are at the center of the problem because it is their responsibility to rectify ethics problems through employee training. Every employee should get ethics training, which should go beyond mere compliance with laws and regulations. Instead, the training should focus on a thorough exposition of the organization’s operational values and the expectations those values create regarding employee behavior. The training can also address personal issues and motivate employees to clarify their own moral values before attempting to fit them into a company system.

Sexual harassment in a leading law firm

2006-01-05T13:59:00.000-05:00

One of the most intriguing sexual harassment cases from 2005 occurred in one of the nation’s largest law firms.

Douglas Wright, a successful lawyer at Holland & Knight, the Tampa, FL firm that is the nation’s 15th largest, was accused of harassment by a group of female attorneys, and was reprimanded for violating the firm’s sexual harassment policy.

"Doug Wright is the stereotypical schoolyard bully with an obsessive-compulsive twist," one of the attorneys stated. "He bullied and bullied and bullied me, and finally one day, he broke me. I got to the point where I dreaded going to work and cried at night. He was relentless."

The employees never brought their case to the EEOC, so it was handled internally. The firm’s fair employment practices committee sided with the victims and recommended that Wright be reprimanded and have his behavior monitored.

Yet in March, Wright was named chief operating partner of the firm, the third highest position.

“This firm’s behavior failed the test. A promotion only six months after an incident like this was a mistake,” said Edward Poll, operator of the LawBiz Management Co.

What should Holland & Knight and other organizations do to prevent sexual harassment like this from occurring and dealing with it when it does? Sexual harassment training -- which defines what it is and encourages victims to follow their organization’s procedure for reporting it, can prevent harassment and help victims resolve their situations. Sexual harassment training also improves workplace morale and productivity and makes it a better place for everyone.

Acing the interview

2005-12-29T10:55:00.000-05:00

In today’s tight job market, having top notch interviewing skills is the key to getting hired.

Preparing for the interview is half the battle and it starts with assessing who you are and creating a profile of your technical and professional skills and a skills benefit statement that explains how you can use your skills to help a prospective employer.

You can use the “Share” model to relate your past performance to employers: Think of a past situation you can relate, a hindrance you overcame, an action you took, the results that transpired and then evaluate your performance.

At the interview, you can make a positive first impression by greeting the interviewer and expressing your appreciation for the meeting. Then take a skills/benefit approach to almost every question: describe the skills you possess and how they will benefit the company.

Following up the interview with a call or letter restating your qualifications gives you the best chance at the job.

Successful meetings

2005-12-27T09:37:00.000-05:00

Meetings are a way of life in today’s organizations, but employees often come to meetings unprepared and don’t get anything out of them. You can plan and run a meeting effectively by doing the following:

* Set the date for the next meeting and gain approval from all participants
* Generate an agenda for the meeting and distribute it to all attendees a week in advance
* Make sure the meeting room is conducive to effective work, clean and well lit
* Make sure all participants have been introduced to each other
* Use the agenda to keep the meeting focused
* Start a discussion and insure active participation of all attendees
* Resolve any disagreements
* Summarize the discussion at the end of each logical section
* Make sure each participant leaves the meeting with a clear picture of what transpired
* Circulate minutes to all participants

Multicultural customers

2005-12-22T10:21:00.000-05:00

One of the keys to business success in a multicultural world is to provide effective customer service to customers from different cultures. You must customize your service and sales presentation to meet the unique needs of your diverse customers.

Multicultural marketing must be done in conjunction with cultural competency training in order to gain and retain multicultural customers. You can train your employees to:

* Greet people from other cultures
* Overcome language barriers in selling
* Learn what products and services multicultural customers want
* Negotiate with multicultural customers face to face and over the phone
* Overcome price objections
* Properly handle complaints from multicultural customers
* Recognize the importance of colors and numbers when dealing with multicultural customers (the color white is associated with death in some Asian countries and the number 4 is considered unlucky

Handling customer objections is a key sales skill

2005-12-19T16:27:00.000-05:00

Dealing with customer objections is a salesperson’s biggest challenge, but with the right strategy they can overcome them and make the sale.

Salespeople should plan for objections before the sales call by making a list of the top objections, composing answers and memorizing them.

When encountering objections at a sales meeting, salespeople should:
Listen to the entire objection and never jump in before the prospect finishes speaking.

Ask questions - Finding out what the prospect is specifically objecting to puts salespeople in a better position to respond.

Confirm that the objection has been answered completely before proceeding with the pitch.

Present the solution: Demonstrate how the product or service meets the need of the objection, and close in for the sale.

Workplace violence

2005-12-15T15:34:00.000-05:00

Violence is a severe problem in the workplace, with homicide the number two cause of death at work, and number one among women.

Eliminating violence from the workplace is a responsibility companies and their employees share.

The companies can:

Provide information to employees on the hazards associated with units and jobs
Train supervisors on methods to reduce security hazards
Control access to high risk areas
Ensure employee safety by prohibiting them from working alone and providing escorts as appropriate

Employees can:
Know the security procedures of their facilities
Learn how to deal with angry and potentially violent customers and co-workers
Report every violent incident to administration and security

Dealing with substance abuse

2005-12-13T10:35:00.000-05:00

Drug and alcohol abuse are taking a steep toll on the American workplace, costing $500 billion a year in lost productivity and higher health care and 500 million lost work days.

If managers detect abuse in an employee’s appearance, speech, behavior or job performance they should report it to a supervisor who can determine if there is a real problem and conduct drug and alcohol tests in accordance with laws and company regulations.

Managers should take action and not be enablers or deniers who avoid or cover up the problems and allow abusers to continue their harmful habits.

Taking action doesn’t just help abusers solve their problems, it relieves the entire work force from the effects of drug and alcohol abuse and makes it more productive.

Preventing musculoskeletal disorders

2005-12-08T11:40:00.000-05:00

Can you help your employees prevent musculoskeletal disorders? The painful disorders, which affect the muscles, tendons and nerves, result from ordinary arm and hand movements, such as keyboard work. Continual repetition, often in a forceful manner, strains muscles and tendons can lead to long lasting injuries over time.

You can train your employees to protect themselves by avoiding repetitive patterns of work and reorienting their work space:

* they can work comfortably by avoiding awkward postures and positions and keeping their work within easy reach
* they can practice job rotation and avoid repetitive work by moving between different tasks
* they can design their workplace to reduce stress and improve movements by positioning the keyboard so their arms hang comfortably and their hands are straight; setting the video display terminal just below eye level; and adjusting the chair so they can work without stretching and support their backs
* they can rest occasionally, taking time between repetitive tasks to relax their muscles and control muscle tension

Coaching

2005-12-06T11:21:00.000-05:00

Is there an alternative to the command and control style of management, with the manager in complete control, telling employees what to do?

Today, a more collaborative style is in vogue, with managers becoming coaches who strive to develop employees and unlock their potential in a manner that is mutually beneficial to the employees and the company.

When managers become coaches, they:

* provide constructive feedback
* establish a supportive environment
* explain employee goals and how they can be achieved
* set clear expectations and performance standards
* measure performance in a fair and equitable way
* motivate employees to achieve
* create an environment where employees feel valued and respected
* make it clear what employees are responsible for but give them the latitude to go about it their own way

Train your employees to deal with stress

2005-12-01T15:13:00.000-05:00

Stress is the wear and tear people experience as they adjust to their continually changing environment. It has physical and emotional effects that can lead to a variety of health problems, from head aches and high blood pressure to heart disease and stroke.

There is also positive stress that adds anticipation and excitement to life, so the goal is to manage stress and learn how to use it to lead a more productive life.

The following steps can be taken to help your employees deal with the stress in their lives:

* Make sure they are aware of stress and how their bodies respond to it.
* Encourage them to manage stress, by avoiding stressful situations, limiting and shortening their exposure to them.
* Explain how they can reduce the emotional reactions to stress by moderating their views, tempering their emotions and putting the situations in perspective.
* Encourage them to moderate the physical reactions to stress through slow, deep breathing exercises and relaxation techniques that reduce muscle tension.
* Train them to manage stress through cardiovascular fitness, eating nutritious meals, maintaining their ideal weight and getting enough sleep.
* Help them maintain their emotional reserves by developing supportive friendships, pursuing realistic goals and learning how to deal with frustrations

Customer service skills

2005-11-28T14:58:00.000-05:00

As customers, we like to be treated kindly and with respect. Customer service employees must develop the skills that enable them to treat people this way.

Key customer service skills include: Acknowledging customer presence – it’s the best way to initiate customer interaction and make them feel welcome

Offering assistance – Approach customers as soon as possible, make a positive impression within four minutes or possibly lose the business

Showing an interest in customers – Small talk builds a relationship and makes customers feel welcome

Actively listening – It’s the best way to understand what customers need

Asking questions – Being knowledgeable about a customer’s situation is the best way to handle it

Solving problems – Handle customer service problems by proposing a solution and giving the customer a choice on how to handle it; apologize for any inconvenience the customer experienced

Positive attitudes breed success

2005-11-21T14:29:00.000-05:00

Your employees are the most valuable asset in your corporation because they produce, deliver and manage your products every day. Maximizing their potential is essential to business success.

One of the keys to employee development is to train them to develop positive attitudes that will help them interact comfortably with co-workers and customers and perform their duties admirably.

The four straightforward strategies your employees can use to adopt a positive approach and succeed are:
Be positive and proactive
Be accountable and flexible
Be cooperative and respectful
Communicate and listen

Once your employees develop these skills they will develop a more positive attitude, work harder and stay with your company longer. They’ll be more productive employees who boost your bottom line.

Communication is the key diversity skill

2005-11-15T10:46:00.000-05:00

Diversity training starts with building awareness, but once employees become aware of their role in a diverse environment they must learn the skills they need to succeed in it.

Communication is the key diversity skill, because it enables employees from different backgrounds to relate to each other and feel comfortable discussing important workplace issues.

When diversity training programs address communication, they teach specific techniques that will help employees communicate comfortably and effectively with each other, including:

Tone of voice – conversations should proceed with a respectful, normal tone
Listening – focus on the person and the words
Don’t interrupt – give the person time to think and communicate everything that needs to be discussed
Body language – make sure body language and facial expressions send a positive message
Avoid slang – use words the person can understand
Use positive words to encourage conversation
Avoid conveying negative emotions such as fear, blame or accusation
Be aware of the person’s cultural background – different cultures have different communication skills, such as avoiding eye contact. Be aware of the differences and communicate accordingly

Harassment comes in many forms

2005-11-03T13:56:00.000-05:00

Everyone is familiar with sexual harassment, but that is only one form of harassment that hinders the American workplace.

Harassment based on race, color, national origin, religion, gender, disability, age and other characteristics frequently occur, claiming victims from all walks of life.

Title VII of the Civil Rights Act and many other federal, state and local laws protect all these groups. And remember – companies, not the individual harassers, are responsible for the acts, and are forced to pay huge fines to settle the lawsuits.

You can protect your employees -- and your organization from the negative effects of harassment with training programs that teach employees how to recognize the various forms of harassment and prevent them from occurring.

Teach your employees that all forms of harassment are forbidden in the workplace.

California AB 1825 Law

2005-10-26T14:48:00.000-05:00

Stamping out sexual harassment in California – it’s the law!

Are you a California company with 50 or more employees?

Do you have supervisors?

If so, you must provide them with two hours of sexual harassment training by January 1, 2006 in compliance with California AB 1825, Governor Schwarzenegger’s new law.

The law was passed in 2004 but takes effect at the beginning of next year. It requires employers to provide two hours of sexual harassment training to all supervisors every two years. The training must be “interactive,” to promote employee participation. Video training without a discussion led by a professional trainer is inadequate, but online training with interactive content produced by qualified experts meets the law’s requirement.

Make sure your employees receive the proper training before the deadline or you will receive a compliance order from the Fair Employment and Housing Commission and be subject to higher punitive damages from sexual harassment claims. More than 13,000 claims were filed with the Equal Employment Opportunity Commission last year – by men and women.

Here’s what you should do right now: Implement an ongoing harassment training program and create a documented tracking system so you can manage the training of your supervisory staff.

human resources training blog

2005-10-19T12:59:00.000-05:00

Welcome to the Human Resources Training blog, brought to you by CoastalAMI- a division of Coastal Training Technologies Corp. !

In 2005, Coastal Human Resources and American Media Inc. joined forces to form CoastalAMI. With a combined 35+ years experience in producing high-quality training programs, CoastalAMI offers a robust library of award-winning programs on the latest employee development topics -- from diversity and sexual harassment to customer service and teamwork. We are proud to offer CoastalAMI titles in a full array of formats, including multilingual DVDs and customizable interactive programs that can be viewed online.

Check back weekly for news, updates, and related human resources training information.