February 2013

HR InTouch

The Monthly Newsletter of the Greater Madison Area SHRM

In This Edition

President's Message

By Melissa Perry GMA SHRM President

Diversity

The EEOC Foreshadows Its Plan of Attack 

Employee Relations

Employment Relations Scenarios - EPL - ADEA - FMLA/ADA 

Professional Development

HR Certification for Reading Select HR Books!

GMA SHRM Social Media

FacebookTwitter & LinkedIn

Forward HR

GMA SHRM Upcoming Events

Thursday, February 7, 2013
Young Professionals Event 

Thursday, February 14, 2013
GMA SHRM Toolbox
Topic:  Thorn or Rose: Facilitating Difficult Performance Conversations 

Thursday, February 28, 2013
Semi-Annual Networking Event

Tuesday, March 19, 2013
GMA SHRM Strategic Summit
Topic:  Let’s Work on Your “Seat At the Table” -- Increasing Your Strategic Influence

Click here to see the full 2013 GMA SHRM Event Calendar.

GMA SHRM Announcements

Industry Liason Group

Volunteers Needed – Student Conference and Case Competition!

Volunteers Needed – 2013 Student Conference & HR Games!

Volunteer Opportunity

New Volunteer Spotlight Section in Newsletter

 

GMA SHRM Member News

GMA SHRM Volunteer Spotlight

GMA SHRM Member Spotlight

Welcome New Members!

Movin' Up

In Transition

GMA Membership Poll 

 


 

 

President's Message

GMA SHRM
2013 Corporate Partners

Gold Level
Boardman & Clark Law Firm
Career Momentum

Dean Health Plan
First Choice Dental Group
OneSource
The Payroll Company
QPS Employment Group
Remedy Intelligent Staffing

St. Mary's Hospital

Silver Level
Adecco
Cottingham & Butler Employee Benefits 

Scott Savage Consulting LLC

Bronze Level
AMPT Physical Therapy
The Alliance
The Benefit Works
Delta Dental
Edgewood College
Hausmann-Johnson Insurance Group
Hemb Insurance Group
Higgins Insurance Group
JobsInMadison.com
Smart Solutions

The QTI Group
Unity Health Insurance

Thank you!


Greetings,

Every year, I think we say the same thing.  How is it February already? Memorial Day? Where did the spring go?!? (I know that I do at least.)  If one of your new years’ resolutions is to get more involved with your local GMA SHRM, we have some amazing volunteer opportunities for you.  On February 28th, we have our winter networking event coming up at the Coliseum Bar. This is a great chance for you to get to know some of our other volunteers and see why they love volunteering with GMA.

Although we have an amazing group of volunteers, we could always use more.  Currently about 10-12% of GMA SHRM members volunteer in some way for the chapter.  Some committees need a lot of help, others not as much.  This time of year the board of directors starts to focus on Succession Planning.  When I look at our current state of committee members, committee chairs and board members, we are doing pretty well…we have very few holes.  I feel we have a wonderful board of directors who are extremely smart, energetic, dedicated and focused.  But, each year, we always lose one person who moves off as the past president, opening up at least one new role per year.  Generally, board positions are filled through committee chairs, etc. as people move up through the ranks.

 
If you are interested in getting more involved with the chapter, I encourage you to join us for our upcoming networking event, or reach out to a current board member.  Please join me in thanking our current volunteers and reading their volunteer spotlights in the newsletter in the upcoming months.
 
To continued success in 2013!
Melissa Perry
President
GMA SHRM
 

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GMA SHRM Board of Directors

Melissa Perry
President
Jake Siudzinski
President Elect
Mike Leibundgut, SPHR
Immediate Past President
Dawn Koopman
Secretary Treasurer
JoAnna Vanderpoel, PHR
VP, Membership
Tara Conger, PHR
VP, Marketing & Communications
Jeff Russell
VP, Programming
Melissa Chadwick
Director, Education & Development
Michelle Thoren
Director Workforce Readiness & Diversity
Tammy Barden
Director, Government Affairs

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Diversity

The EEOC Foreshadows Its Plan of Attack
Contributed by Scott Paler and John Gardner, Attorneys with DeWitt Ross & Stevens S.C.

In December 2012, the Equal Employment Opportunity Commission published its Strategic Enforcement Plan for Fiscal Years 2013-2016.  In the Plan, the EEOC provides an overview of its responsibilities to enforce various federal anti-discrimination laws and identifies six different national priorities on which it will focus its enforcement efforts.  These priorities include each of the following:

  1. Eliminating barriers in recruitment and hiring.  Notably, the EEOC explains that it will target “facially neutral recruitment and hiring practices that adversely impact particular groups” and will seek out class action cases.
  2. Protecting immigrant, migrant and other vulnerable workers.
  3. Addressing emerging and developing issues.  As examples, the EEOC identifies Americans with Disabilities Act issues, including an employer’s obligation to provide reasonable accommodations, pregnancy-related physical limitations and employer contentions of undue hardship.  The EEOC also identifies its intent to explore the extent to which “lesbian, gay, bisexual and transgender individuals” are protected under Title VII.
  4. Enforcing equal pay laws that require women to receive equal pay to men.
  5. Preserving access to the legal system.  The EEOC explains that it will focus on retaliatory actions undertaken by employers, overbroad settlement agreements that purport to prohibit employees from filing charges with the EEOC, and failures by employers to retain employment records required by the agency.
  6. Preventing harassment through systemic enforcement and targeted outreach.
Although the EEOC will continue to address all issues that implicate the laws it is charged with enforcing, it has stated that it will provide extra attention and resources to combating practices that impact one or more of the priorities listed above.  Employers should respond in kind by paying extra attention to any aspects of their business that could implicate any of these priorities.    

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Employee Relations

Employment Relations Scenarios
Contributed by Bob Gregg, Boardman & Clark Law Firm

Employment Practice Liability Insurance
The undefendable--company president's willful and wanton behavior eliminates insurance coverage. A clothing company had employment practice liability (EPL) insurance to defend against discrimination and other claims. The policy excluded coverage for intentional "willful wanton" behavior. The HR manager filed a sexual harassment complaint, alleging that the company president had engaged in a prolonged pattern of intentional overt sexual propositions and touching her. An independent investigator hired by the company found evidence to support the charges, plus the president's similar behaviors toward four other female employees. The insurance carrier refused to provide coverage for the claim due to the intentional willful nature of the alleged harassment. The company president sued the insurance company, demanding coverage. The court ruled for the insurer, finding the exclusion of coverage for willful behavior was valid and the president's acts fell within that provision. Manganella v. Evanston Insurance Co. (1st Cir., 2012). There is a lesson in this case, besides just having your executives avoid willful wanton behaviors. Be cautious about the terms of insurance coverage. An intentional willful act exclusion is not unusual. However, no company can control every employee, and there may well be cases in which one of your lower level employees does an intentional act. Is the company then not covered by the EPL policy? Most plaintiffs' attorneys will automatically allege "intentional" harassment, in order to get bigger damages. So will the exclusion eliminate coverage in most cases?

ADEA
Six-and-a-half years makes a difference. The ADEA protects older workers and applicants, including those older than others within the over-40 group. However, the courts recognize "approximately the same" age. Thus, a 60-year-old cannot effectively claim it was age discrimination to hire a 58-year-old, because they are approximately equal in age. The 6th Circuit has adopted a six-year range. A 57-year-old tech college employee was fired and replaced by a 51-year-old. The employer argued that the case should be dismissed under the six-year approximately same age rule. However, the court found a six-and-a-half year age difference, and ruled that there was enough difference in age to allow a prima facie ADEA case. Blizzard v. Marion Tech College (6th Cir., 2012).


FMLA/ADA
Five million dollar settlement due to discriminatory leave policy. A trucking company's leave practice automatically terminated anyone unable to return to work after 12 weeks of medical leave, regardless of reason. This conformed with the FMLA but violated the ADA, which requires consideration of a "reasonable amount of leave." The EEOC brought suit due to the failure to consider disability exceptions to a rigid policy. In addition to the money, the settlement also included revision of policies, training of supervisors and employees, and appointment of a monitor--at company expense--to assure ADA compliance. EEOC v. Interstate Distributor Co. (D.Co., 2012). [For years the courts have ruled that the FMLA and ADA have different requirements, and simply allowing the 12 weeks for FMLA is not sufficient for ADA compliance. The courts have also routinely found fault with rigid leave policies and "no fault" (no excuse) attendance discharge policies which do not allow the interactive consideration process required by the ADA.]
 
 

Professional Development

New!  HR Certification for Reading Select HR Books!
For the first time, you can receive HR Certification Institute recertification credit for reading select HR books! The SHRMStore now offers a select number of HR books  that have been approved for either General or Strategic recertification credit.  Visit the SHRMStore  for a list of the books currently approved for credit. Plus, look for more titles in 2013!  And, for a list of frequently asked questions, click here! Or contact us at shrmstore@shrm.org.

 
 

GMA SHRM Social Media

 

 


Forward HR

Want to know what’s going on in HR for the other areas of Wisconsin?  WI SHRM has a new blog, Forward HR. Click here to take a look.

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GMA SHRM Upcoming Events

Thursday, February 7, 2013, Young Professionals Event
Location: The Brink Lounge

Are you a young HR professional looking to get more involved in GMA SHRM?  We have just the group for you!  GMA SHRM will be launching a Young HR Professionals in 2013!  Join us for our first event on Thursday, February 7, 2013 at The Brink Lounge.  The informal social will start at 5:00 p.m. and last for about an hour; appetizers will be provided.  The Young HR Professionals group will be driven by its members and we will ask each attendee to fill out a survey on what future events you would like to attend.  As GMA SHRM provides excellent professional development opportunities, this group will be socially oriented with a focus on meeting younger HR professionals in and around the Madison area!  If interested in getting involved, please contact Melissa Chadwick at melissa.chadwick@bakertilly.com or 608 240 2350.

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Thursday, February 14, 2013, GMA SHRM Toolbox
Topic:  
Thorn or Rose: Facilitating Difficult Performance Conversations 
Location: Hilton Garden Inn Madison West, Middleton, WI

Have you ever led a difficult performance conversation and afterward thought, “That didn’t go so well?”  Or, coached others to facilitate performance discussions that focus on dialogue versus the form.

Providing difficult performance feedback can be prickly.  The performance review process is often “hated” by both managers and employees.  If your HR role includes conducting tough performance conversations and supporting managers in the performance management process, then this workshop is for you.  This interactive session will focus on simple yet powerful tools to help you work through these often tough conversations.  This toolbox will address:

  • Effectively managing the performance management process
  • Preparation for the difficult performance conversation
  • The power of questioning and listening to identify real issues
  • Handling defensiveness and message blockers
Our speaker, Diane Hamilton, PCC, SPHR, is the owner and founder of Calibra, a coaching and consulting firm focused on maximizing leadership potential. She brings 25 years of practical leadership, management, and business experience to her coaching, training and consulting.  Diane is a past president of the GMA SHRM and Past State Director of the Wisconsin Council, SHRM.  Diane is the author of Talent Management Toolkit: A resource for small to mid-size organizations.

To learn more about the event or to register, click here.


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Thursday, February 28, 2013, Semi-Annual Networking Event
Location: The Coliseum Bar

Members are always looking for ways to meet other HR professionals but sometimes get cold feet and struggle with that first conversation. This Networking Event promises to be fun and productive! You will go away from this event with more HR contacts than you could ever imagine! What a great way to meet other HR professionals and have fun too! There will be a structured networking session followed by some time to network informally. The event will be held from 4:30-6:30.  Registration begins at 4:30 and the program begins at 5:00pm. Registration is free but we do request an RSVP to better plan for the event. Appetizers provided. Cash bar.

For more information and to register, click here .

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Tuesday, March 19, 2013, GMA SHRM Strategic Summit
Topic:  Let’s Work on Your “Seat At the Table” -- Increasing Your Strategic Influence
Location: The Alliant Energy Center

We often see the term “Seat At The Table,” referring to our HR profession, but what does that mean and how do you really get there?  How can we proactively influence decision making at our organization’s strategic level rather than reacting to plans made without us?  Come learn from a veteran consultant who has over a decade of experience working directly with both CEO’s and HR professionals.

 
Cay Villars, Executive Coach and Owner of Celebrus Consulting will share specific tools and insights both for gaining influence if you are relatively new to your HR position or long established and wanting to have more say.  She will lead us in making (and implementing!), specific plans for joining the executive team, either formally or informally, and increasing your influence if you are already there.  Together we’ll explore what you need to know in order to take a CEO’s perspective, and how to be in rapport with their wide range of types and needs.  And if you are considering a search for a new organization, we’ll consider how to position your resume and what to ask to determine the opportunity and fit.
 
To learn more about the event or to register, click here.

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GMA SHRM Announcements

Industry Liason Group

There is a new opportunity in Madison for employers who are federal contractors or who voluntarily provide an affirmative action plan.  A group of our members have joined with a former President of the Milwaukee SHRM chapter to form an Industry Liaison Group (ILG).  One question you might have is this:  What is an Industry Liaison Group?  ILGs provide an opportunity for companies and others to meet with representatives of regulatory agencies (most often the Office of Federal Contract Compliance Programs [OFCCP] and the Equal Employment Opportunity Commission[EEOC]) in an informal setting so that there can be a dialogue between the parties.  ILG meetings are, in effective, a learning opportunity for companies AND a learning opportunity for the regulatory agencies.  ILGs operate in many different ways in the various geographic areas that they serve, but their primary purpose is to help build a bridge between organizations and regulatory agencies so that there is an effective flow of information between the two groups.

Meetings with the Madison group are held quarterly.  A typical meeting may include speakers from the state speaking about opportunities to employ veterans, the local OFCCP director, or even representatives from the EEOC to talk about their new focus on arrest and conviction records as well as the push to employ ex-offenders.  It should be noted that the ILG is not a marketing opportunity for organizations.  This is truly meant to be an educational opportunity and chance to build a relationship with these agencies. 

In summary:
• The Madison ILG has the potential to be a valuable service to GMA SHRM members
• The ILG concept is well-established throughout the nation as a successful way to build relationships with regulatory agencies
• The people who are currently involved in the Madison ILG are not looking at this as a marketing opportunity, but as a possible learning experience for both organizations in Madison and for the regulatory agencies who might attend

The next meeting will be held March 15, 2013 at the American Red Cross building.  GMASHRM members who are interested in participating may contact Sally Buzdum at sbuzdum@hranalytical.com  or Bill Osterndorf at 414.525.1972, ext. 202 or wosterndorf@hranalytical.com
 
Details for the March 15, 2013 meeting are as follows:
4860 Sheboygan Avenue
Madison, WI  53705
Classrooms A & B
11:30-registration (lunch on your own)
meeting 12:00-2:00 (this includes Q & A time)
Parking is available in front of building.  Attendees will need to sign in at front desk and should indicate "OFCCP meeting". 
Classroom A is to the immediate left of the front desk - receptionist can also direct.  Bring your own lunch - soda and water will be provided. 
 
 
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Volunteers Needed – Student Conference and Case Competition!

The North Central Regional Student Conference and Case Competition will be held March 22 and 23, 2013 at Iowa State University in Ames, IA.  This is a great way to share your knowledge with the student chapters in the north central region and to give back to the profession.  For more information or to register, visit: http://www.shrm.org/Conferences/StudentConferences

 
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Volunteers Needed – 2013 Student Conference & HR Games!

SHRMies of Wisconsin! Your assistance is requested for the 2013 Student Conference & HR Games hosted by the University of Wisconsin-Oshkosh on March 8 and 9, 2013 (there is a Council Meeting tied to the Student Conference). We are currently in need of volunteers and are reaching out to see if any of you would be interested in serving in a volunteer role. Here are the details:

*Friday, March 8 from 5:15p-9:00p (Training begins at 5:15p, Games begin at 6:15p) & Saturday, March 9 from 12p-2p – looking for volunteers to serve as Judge (SPHR Certified), Presenter, Timekeeper and Matrix Manager.  Meals for volunteers are provided.  Volunteers are also able to attend the speaker sessions on Saturday that begin at 8am.  The job summaries for volunteers are listed below.

• Judge (SPHR Certified):  You control the room!  It is your job to make sure all scores are correct.  It is also your job to decide whether an answer provided by a team is correct or incorrect.  If the answer the team gives is different from that on your answer sheet, use your discretion in ruling it correct or incorrect.  Re-certification credits have been accepted for Judges at the HR Games.
• Presenter:  You keep the game moving!  You are introducing all volunteers and providing rules/announcements to competing teams.  When a team chooses a question, you are reading the question for them to answer.  You are also determining which team buzzes in first and inviting the correct team to answer first.
• Timekeeper:  You are responsible for making sure the games take the appropriate amount of time.  You are informing the presenter if neither team answers in a timely fashion.  You are also calling the game when time is up.
• Matrix Manager/Scorekeeper:  You are the gamekeeper.  You are working the game board and making sure scores are calculating correctly.  You also report final scores to the senior judge at the end of each game.

We need at least 30 volunteers to make this event a complete success.

Anyone interested in volunteering, please contact Callie Zipple, State Director of College Relations at callie.zipple@ki.com. Registration for this event will begin January 2013.

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Volunteer Opportunity

Are you or your company looking for a volunteer opportunity? Goodwill of South Central Wisconsin is looking for tax preparers to participate in their Volunteer Income Tax Assistance (VITA) clinics in 2013. The VITA clinics are designed to provide FREE tax preparation assistance to low-income taxpayers such as the elderly, individuals with disabilities, and limited-English speaking persons. Each tax return prepared by a volunteer can raise a working family's income by up to $4,800.

To get involved, or for more information click here
 
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New Volunteer Spotlight Section in Newsletter

Beginning in 2013, GMA SHRM HR Intouch newsletter will be highlighting a GMA SHRM volunteer each month in our new Volunteer Spotlight section. We are hoping this section will introduce you to some of the great volunteers who make GMA SHRM the incredible organization that it is. Also, we often hear that members are considering volunteering but aren’t sure what to expect and are hesitant to sign up. We are hoping to diminish some of this indecision as well and share with you more about GMA SHRM volunteer opportunities.
 
 
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GMA SHRM Member News

GMA SHRM Volunteer Spotlight

Name: Kate Karre

 

How long have you been volunteering with GMA SHRM?  
I’ve been volunteering with GMA SHRM for 5 years now.
 
What committee are you volunteering with? Have you volunteered on other committees? If yes, which one?
I’ve been volunteering on the Communications & Marketing Committee for 5 years and this is my second year volunteering on the One Day Conference Committee.
 
What do you enjoy about volunteering?
I love meeting and getting to know new people!
 
What would you say to others who are considering volunteering with GMA SHRM? 
Do it! The time commitment is minimal and you get more out of it than you put in.
 
What have you gotten back from volunteering with GMA SHRM?
I’ve developed both personally and professionally and I’ve increased my network of other HR professionals considerably.
 
 

 

GMA SHRM Member Spotlight

Name: Kate Nesheim

Where do you currently work?  

I am the Senior Training Coordinator for the R&D Labs Solutions Center at Covance Laboratories in Madison.
 
What is the focus of your position? 
I assist in the coordination of everything training and development, including event and training planning, operability testing for new courses, seeking out and working with vendors for designing and developing trainings, helping employees with training needs and questions, and managing training requests.

How long have you been in the Human Resource field?

I have been working in HR for the past 3 years, but dealt with many HR issues at the non-profit I worked for previously.  I am also starting school in March to earn an HR certificate.
 
Which of your career accomplishments makes you proudest? 
I am most proud of the first conference I had organized for the continuing education of AODA counselors.  It was a 3 day conference for about 300 people.  The planning took months and included gaining sponsorship and exhibitors, recruiting keynote speakers, and scheduling facilitators for 12-15 breakout sessions per day.  It was exhausting, but all went well!

What is the best advice you’ve ever received? 

Never be afraid to put yourself out there and try something new.  You never stop learning, so always be will to take on a new project.  It gives you a chance to grow and gain a new skill.
 
Why did you decide to join GMA SHRM?
I would like the opportunity to participate in SHRM events, learn about the various areas of HR, and network with professionals in the Madison area.

If you’d like to be published in an issue of HR InTouch, please complete this profile and submit (along with a photo) to Tia Gibson @ tia.gibson@covance.com.

 

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Welcome New Members!

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

Jeffery Allar
 
ACS
Missy A. Casey
HR Generalist
Wisconsin Alumni Research Foundation
Justin Durtschi
 
 
Bianca Garcia
 
TQ Diamonds
Tiffany L. Hutchens
Attorney
Whyte Hirschboeck Dudek, S.C.
Kari L. Knox, PHR
 
Charter Communications
Jessica Mercado
Regional Sales Manager
TalentWise
Shoshanah Setzen
 
Deloitte Services LP
Lori Van Dalen
VP of Human Resources
Oakwood Lutheran Senior Ministries

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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 Tara 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 .

 

   
 Amended