Supreme Court to consider who is a "supervisor" under Title VII.
Contributed by Bob Gregg, Boardman & Clark Law Firm 

The U.S. Supreme Court has requested the U.S. Solicitor General to file an advisory brief on the issue of who is a "supervisor" for purposes of vicarious liability in harassment cases.  Vicarious liability means the acts or non-actions of the supervisor are seen as the actions of the employer and can create automatic liability (unlike the acts of lower level employees).  According to most lower courts, the definition is different under Title VII than under other labor laws.  One does not need authority to hire or fire; a "supervisor" is anyone with functional authority to direct others daily work.  Lead workers, often co-union members who are clearly not management under the labor laws, can still be considered "supervisors" for Title VII.  The court is hearing the appeal of the 7th Circuit ruling in Vance v. Ball State University, a racial harassment case.  The case revolves around whether one of the alleged harassers was a supervisor or just a co-worker with a bit more responsibility than others.  The decision may have a major liability impact for all employers.  

Even though it may be considered an ‘Employer’s Market’, it is still crucial to develop the right culture in your workplace.  Diversity and acceptance is a critical piece in developing that crucial company culture and ultimately, keeping your employees.

Helen Taylor is a diversity and inclusion consultant at American Family Mutual Insurance Company.  She leads and oversees a multi-dimensional diversity and inclusion strategy.  Helen began her career at American Family in 1996.   She has held several roles, including:  field training analyst, process improvement specialist, organizational effectiveness (OE) consultant in HR, OE manager, managed the talent management unit in HR and eventually transitioned into the field of diversity and inclusion, which has been her focus for the past four-and-a-half years.  She was instrumental in the development of American Family’s overall diversity strategy and spearheaded the collaborative formation of the company’s integrated strategic diversity plan, including Business Resource Groups, and a people of color retention study.

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Tuesday, August 7, 2012, Sixth Annual Golf Outing & Charity Event
Location: The Legend at Bergamont in Oregon

Join your HR friends for our 6th annual golf outing at The Legend of Bergamont. The event is a 4-person scramble, so all golfers at all skill levels are encouraged to participate. You can sign up as a foursome or as an individual and we will help pair you up with a group. Proceeds will benefit Operation Homefront Wisconsin.

Join us for a relaxing day of fun!

GMA SHRM Announcements

GMA SHRM Member News

 

GMA SHRM Member Spotlight

Name: Amy Herek Where do you currently work?   Meriter Health Services What is the focus of your position?  I manage the Physician Services team of the Meriter Medical Group. We are involved in every step of the process of bringing physicians and allied health professionals on board as well as supporting them once they are here.  This could be anything from medical practice development to HR related items.  We are a very young Medical Group, so the variety that comes my way provides a great challenge, which makes me enjoy it all the more.   How long have you been in the Human Resource field? 7 years   Which of your career accomplishments makes you proudest?  My recent promotion into my current position has made me very proud-bringing my early HR career in health care ‘full circle’ to this point where I’m using that experience along with the my other experiences to lead our team. A specific accomplishment that stands out to me involves two employees who worked together for nearly twenty years and whose relationship had degraded to the point that they literally felt they could no longer work within the same space together. I used communication and listening skills, patience, and persistence to get them to a place where within a month’s time they left a meeting with a true understanding of where the other was ‘coming from’ in their communications (and lack thereof).  After the meeting, I had told a colleague of mine that the only way the meeting could have gone better would have been if they would have gotten up and hugged-turns out they did, once they got back to their work area!   What is the best advice you’ve ever received?  “That’s them, not you.”  I was actually given this advice from my Aunt Elaine while she was teaching me to ice skate when I was about 5 years old.  I was watching those around me fall on the ice, and by paying attention to them, I would start to lose my balance. She was reminding me to stay focused and not get distracted by those falling beside me.  Those words come to mind every time I run into a situation where assumptions are being made, ‘group think’ or negativity is taking over, and some big picture thinking is necessary.  It’s surprising how often those words come in handy in the professional world! Why did you decide to join GMA SHRM?  I’ve been a member of GMA SHRM since 2005 and a co-chair of the programming committee since 2009. I initially became a member because I was new in my career and wanted to network with HR professionals in the Greater Madison Area and also take advantage of the great Toolbox events.  Today, I still participate for the networking component and because I feel the programs we offer are very useful and often very timely to items that are top of mind to HR professionals in the workplace.  As my career has progressed, I find myself more drawn to other types of programming, such as the Roundtable events, for the consultative discussions that occur.

Name: Erin Pinnow   Where do you currently work?   First Choice Dental   What is the focus of your position?  In supporting over 140 employees in 10 offices in the Dane County area, Monroe and Beloit, I’m responsible for recruitment, benefits, compensation, professional development, legal compliance, employee relations, and wellness.   How long have you been in the Human Resource field? 10+ years   Which of your career accomplishments makes you proudest?  I’d have to say that I’m most proud of where I am today. I think back of my career and see an enormous amount of growth both personally and professionally. I’ve worked incredibly hard to get where I am today and I’m so thankful for every past experience that has allowed me the opportunity to manage human resources for First Choice Dental.   What is the best advice you’ve ever received?  We do not get to choose how we die, but we do get to choose how we live.   Why did you decide to join GMA SHRM? I’ve been a member of GMA SHRM for most of my HR career. I’ve found the membership to be most beneficial for networking within the Madison area in addition to providing opportunities for continuing education.

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Welcome New Members!

GMA SHRM welcomes the following members who joined our chapter in May of 2012!

Movin' Up

Have you started with a new company? Has your organization recently promoted you to a new position? Or do you want to recognize a new person or promotion within your department? If so, we want to hear about it. Send us an e-mail, and we’ll publish your good news in the next HR InTouch!

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In Transition

If you are a member who is in between jobs, or who is currently employed but seeking new positions or career paths, write us a brief description of your skill set, areas of expertise, what you’re looking for, etc. Send us an e-mail. We’ll publish your information in the next HR InTouch.

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GMA SHRM Member Poll

Do you have a burning HR question that you’d like to see featured on our GMA SHRM Member Poll? If so, please submit your questions to Tar Conger at tconger@pjpower.com

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HR InTouch Guidelines

Article Writing:

Do you have an interest in writing for the HR InTouch? We have an interest in learning more about your area of expertise!

Why should you volunteer? Top three reasons: 1) to share your knowledge and experiences to educate others; 2) to become more connected in the HR and Dane County communities; and 3) to contribute towards the advancement of GMA SHRM and the HR profession.

The first step is for you to choose a submission option: you can pre-submit an article to GMA SHRM at any time for us to use in any of the upcoming newsletters, you can sign up to write for a particular month, or we can put you on a list of people to contact in future months whenever we need articles.

Article length:

Because the HR InTouch is now in an online format, the size is flexible. The article should be engaging and hold readers’ attention. Include the core information in your article, and we will advise if it is too lengthy.

Solicitation:

GMA SHRM is conscious not to allow solicitation through the articles, in an effort to protect the interests of our partners and members. The nature of the article should be educational (i.e., what are the business advantages of having a product like yours) or informational. Otherwise, if you truly are interested in advertising through the HR InTouch, you can work with our Marketing Committee. As a rule of thumb for article writing, if the submission relates to a for-profit event, or specifically markets your company (vs. your industry), it is an advertisement, and should be purchased. If it is a not-for-profit event that your company is hosting, or an announcement (i.e., a SHRM member recently joined your company), it is an acceptable addition to the HR InTouch content. If you have any questions related to the appropriateness of your submission, please contact us.

If you have questions, or to submit an article, contact GMA SHRM at chapteradmin@gmashrm.org .