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The cardinal rule of HR Management should always be Do Not Let Management Overreact and Make a Bad Situation Much Much Worse. This is not always easy to do. Case in point this week: Apple Computer (Disclosure: I love Apple Computer and own, much to my wife's dismay, virtually every product they have ever come out with, so it pains me to point out this questionable HR management moment but, alas, that is our job.)Apparently, Apple Computer has an employee talent show in which it invites employees to participate with there own performances. (Think of it as "American Idol" for computer programmers.) In the most recent show, a customer service rep performed a somewhat humorous poem along the lines of "Def Comedy Jam". (If you don't know what this is, stop a teenager on the street and ask them. - That's what I had to do.) Said poem made a humorous reference to leaving a rude customer on customer service hold for a very long time.
Management no likey the poem. Management fire the employee. OK, now I guess I can understand management not being completely pleased with an employee mentioning customer hold times as a part of a comical skit. To my mind it really isn't all that offensive (and not terribly unrealistic given some of the hold times I have racked up on tech support lines) but whatever, its your company. Here's the rub: Sometimes things are only a big deal because you make them so. Had management called this employee in the following week and said, "Hey, I saw your act. I know it was in the spirit of fun and everything but in the future let's not reference doing anything bad to our customers b/c that is against our company ethic, etc. etc." that would have likely resolved the issue and no one would have even remembered the comment the next day.
By overreacting (in my opinion) and firing the employee in the heat of the moment, you invite trouble. Co-employees will be upset. The event will take on more importance than it deserves and make the water cooler rounds for a few weeks. Management is open to all kinds of comments like "Think different...just don't say it." (For the uninitiated, "Think Different" is an old Apple slogan.). And....who knows what the terminated employee will do. Well, in this case, we actually do know. He used his Apple computer (which is an excellent tool for putting together slick little media pieces quickly) to produce a movie titled "Why I got Fired from Apple." He posted it on the web. And now, thousands of people get to see the performance that got this employee fired and decide decide for themselves about the professionalism or lack thereof of his comments. Thus, what was arguably an inappropriate remark made at an internal company function is now a public piece of video getting more airplay than all of Apple's Ipod ads. In short, the situation is much, much worse. Incidentally, here is the video:Nod to HR Lori for the link.Technorati Tags:Employment LawCategories:
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Ever wonder what it takes to make a million dollar settlement happen? For starters, how about an attempted office lynching...
Charles Hickman worked at CCSI, Commercial Coating Services Inc., near Conroe, Texas. He sued his former employer for racial discrimination and harassment after verbal harassment turned into physical abuse in one of the company's restrooms. Hickman said a white colleague placed a noose around his neck in a bathroom and began choking him while co-workers watched in October 2002.
The company recently settled with him for $1 million dollars. The offending employee apparently plead guilty to assault charges and spent 9 months in jail. Frankly, I think both he and the company got off easy.Technorati Tags:Race DiscriminationCategories:
"On average, the women in the survey spend a total of just 1.6 years out of the labor force, or 11 percent of their potential working years. Just 7 percent spent more than half of their available time away from employment."On the family side, 87 percent of the women surveyed had been married, 79 percent were still married 15-years after graduation and 69 percent had at least one child.With these statistics in mind, I read with interest this article published 4 days later in the same newspaper titled "Why Do So Few Women Reach The Top Of Big Law Firms?"
"Although the nation's law schools for years have been graduation classes that are almost evenly split between men and women, and although firms are absorbing new associates in numbers that largely reflect that balance, something unusual happens to most women before they begin to climb into the upper tiers of law firms. They disappear."According to the national Association for Law Placement, 17 percent of the partners at large national law firms were women in 2005. That number has risen only slightly in the last 10-years.The interesting point of this article is that, again contrary to conventional wisdom, women surveyed indicate that child-rearing and family concerns are not the primary reason why most of them leave large-firm practice.
Several blogs have been discussing the reasons for this exodus. Look here, here, and here.
Warning: Purely anecdotal evidence ahead:
As someone who worked as an employment lawyer in a large national firm for several years, my personal opinion is that female attorneys appear to be more likely than their male counterparts to be bothered by the fact that large law firms, generally speaking, are horribly mismanaged. They run on an institutional model that is 200 years old, which serves neither its employees nor its clients as effectively as it could. Despite firms' best efforts, true mentoring in large firms is all but non-existent. (It really isn't that surprising that most large firm partners are not good mentors, being as they didn't have good mentors themselves.) Most large law firms do not really encourage associates to develop strong social ties with existing clients. In fact, many partners see any such attempts as threats to their existing client relationships. And large law firms are one of the last true bastions of rigid top to bottom authoritarian management style.Again, based solely on my personal esperience: These are all issues that tend to bother female attorneys a great deal. Frankly, they bother a lot of male associates a great deal as well. But for whatever reason, a higher percentage of the males stay. Perhaps, the media and the researchers should be looking into why that is.
Technorati Tags:Women in the WorkplaceCategories:SexualHarassmentHRPolicies
These tax provisions, also known as gross-ups, took root with the creation of the federal excise tax in the 1980s. The tax was intended as a deterrent against making parachutes too golden, but quickly backfired as companies responded with gross-up pledges to "make the executive whole."As the AP Article noted, the issue doesn't really seem to be about making executives whole as it does making them "a whole lot richer."Technorati Tags:Executive CompensationCategories:
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Additionally, I think in a situation such as this, it is very likely that the employer could show that its drivers being female is a "bona fide occupational qualification" for the job. This is a fairly restrictive test to be sure but I think the situation of providing a gender-based safe car experience is very similar to only hiring women to work in female changing rooms or in medical facilities that have only female patients, both of which have been upheld in the past.
It is an interesting question.
The percentage of men and women, aged 18-64with a work limitation employed in the UnitedStates from 1994 - 2004.Source: Cornell University Rehabilitation Research and Training Center
Originally uploaded by Chris McKinney.The Department of Labor attributes this low employment rate, in part, to the misconception that accommodating people with disabilities in the workplace is prohibitively costly. In fact, research indicates that the opposite is true. The Labor Department's Job Accommodation Network (JAN), which helps employers hire, retain, and promote people with disabilities, has found that most workplace accommodations can be implemented at little or no cost.
An ongoing JAN employer survey, which will continue through September 2007, released preliminary findings recently based on feedback from 778 employers that had contacted the agency for information about employing people with disabilities.
The vast majority of the employers surveyed had called because they were interested in learning how to retain their employees, who on average had been employed for seven years and were paid about $13 per hour.
About half reported that implementing workplace adjustments came at no expense, and about 43 percent reported a one-time cost that averaged around $600.
Update: Fixed the link to the survey.Technorati Tags:DisabilitiesCategories:DisabilityIssues
Today is Albert Einstein's birthday. Also, today is international Pi day (3.14 - get it?). So in honor of both, we thought we would provide you with some mathematical nonsense. Go here to see Pi calculated out to 1 million places. To save space, we are only posting it out to the first few thousand or so places. Enjoy:3.141592653589793238462643383279502884197169399375105820974944592307816406286208998628034825342117067982148086513282306647093844609550582231725359408128481117450284102701938521105559644622948954930381964428810975665933446128475648233786783165271201909145648566923460348610454326648213393607260249141273724587006606315588174881520920962829254091715364367892590360011330530548820466521384146951941511609433057270365759591953092186117381932611793105118548074462379962749567351885752724891227938183011949129833673362440656643086021394946395224737190702179860943702770539217176293176752384674818467669405132000568127145263560827785771342757789609173637178721468440901224953430146549585371050792279689258923542019956112129021960864034418159813629774771309960518707211349999998372978049951059731732816096318595024459455346908302642522308253344685035261931188171010003137838752886587533208381420617177669147303598253490428755468731159562863882353787593751957781857780532171226806613001927876611195909216420198938095257201065485863278865936153381827968230301952035301852968995773622599413891249721775283479131515574857242454150695950829533116861727855889075098381754637464939319255060400927701671139009848824012858361603563707660104710181942955596198946767837449448255379774726847104047534646208046684259069491293313677028989152104752162056966024058038150193511253382430035587640247496473263914199272604269922796782354781636009341721641219924586315030286182974555706749838505494588586926995690927210797509302955321165344987202755960236480665499119881834797753566369807426542527862551818417574672890977772793800081647060016145249192173217214772350141441973568548161361157352552133475741849468438523323907394143334547762416862518983569485562099219222184272550254256887671790494601653466804988627232791786085784383827967976681454100953883786360950680064225125205117392984896084128488626945604241965285022210661186306744278622039194945047123713786960956364371917287467764657573962413890865832645995813390478027590099465764078951269468398352595709825822620522489407726719478268482601476990902640136394437455305068203496252451749399651431429809190659250937221696461515709858387410597885959772975498930161753928468138268683868942774155991855925245953959431049972524680845987273644695848653836736222626099124608051243884390451244136549762780797715691435997700129616089441694868555848406353422072225828488648158456028506Nod to Paul Schorn for the tip on Pi Day.Technorati Tags:EinsteinSexual Harassment Pregnancy Discrimination Age Discrimination San Antonio Employment Lawyer Texas Employment Lawyer Texas Sexual Harassment Age Discrimination Texas Overtime Texas Age Discrimination
Happy Monday HR fans! It's time for our weekly, round-the-web HR World in Review uber-post. If its HR-related, you'll find it here.
Update: Jottings by an Employer's Lawyer has an entry on the same topic with some links to related information here.
The U.S. Equal Employment Opportunity Commission filed the discrimination suit Tuesday against Hooters of America, Inc. on behalf of Melissa Vicari, a 30-year-old woman with multiple sclerosis. Vicari says Hooters refused to accomodate her illness despite receiving medical clearance from her doctor. The shorter shifts she requested would be given to other waitresses.
Because Vicari suffers from MS, some of her symptoms include fatigue, muscle numbness and pain. Before she was fired, Vicari says Hooters demoted her from a waitress to a hostess, which put more strain on her body because she was never allowed to sit down.
Here is the story.Technorati Tags:Employment LawDisability DiscriminationSexual Harassment Pregnancy Discrimination Age Discrimination San Antonio Employment Lawyer Texas Employment Lawyer Texas Sexual Harassment Age Discrimination Texas Overtime Texas Age Discrimination
The suit charged Federal Express with violating the ADA when it failed to provide reasonable accommodations to Lockhart in the form of American Sign Language interpreters, despite his repeated requests. The jury found FedEx liable for punitive damages in the amount of $100,000 for its knowing failure to accommodate Lockhart as well as compensatory damages of $8,000 for the loss of the accommodation itself.
Here is the agency's press release.
The Fortune Best 100 Companies to Work For is out. Quick, check and see if you're on the list!Strategic HR Lawyer (which is sporting an excellent new web design) has analysis of a judicial decision holding that when an employer has notice that one of its employees is using its work computer to access pornography, it has the obligation to investigate and put a stop to it. Certainly companies have always considered it a best practice to quash this type of behavior. The increasing direction of the courts to hold companies liable for doing so, however, is something new.Future of Work Blog has an excellent entry on something that everyone in the HR world is talking about these days: the talent shortage that is impacting companies around the globe and threatening the health of the economy. In his entry, Jim Ware ties together all the aspects of this issue, from its effects on immigration policy to its obvious (but not easy to achieve) solution: education, and includes links to some excellent source material. This is a definite must-read, in my opinion.
Immigration seemed to be a recurring theme last week. Jottings of an Employer's Lawyer has this article predicting an increase in the "criminalization" in this area for employers who are dependent on immigrants for the continued operation of their businesses. In Jon Coppelman's article, "A Note to Fellow Immigrants" at the Workers' Comp Insider the issue is addressed in a very thorough and personal way. Two important notes from the article: (1) It's neither feasible nor desirable to deport 11+ million undocumented people and their families; and (2) Undocumented workers are an important part of our economy. If they disappeared tomorrow, we would all suffer the consequences.
Susan M. Heathfield of About.com's Guide to Human Resources, has this useful article: Top 10 Ideas About What Employees Want From Work: Employee Motivation. It contains links to a series of interesting articles. One that I found a little too on the nose: "What People Want From Work: Employee Motivation and Positive Morale", the subtitle of which is "Work IS About the Money." Jottings by an Employers' Lawyer, Ross' Employment Blog and Workplace Prof Blog all provide excellent coverage of an opinion out of the 5th Circuit ( IBEW v. Mississippi Power & Light) dealing with the burden of proof in disparate impact cases. Specifically, the issue is who has the burden of proof on the issue of the availability of a less discriminatory alternative employment practice in a disparate impact case. The 5th Circuit joins two other circuits in holding the burden is on the plaintiff. There is currently a split in the circuits, however, as the 8th Circuit has held the opposite.George's Employment Blawg has an article discussing whether Coming to Work Late [is] a Reasonable Accommodation? What follows is a thoughtful discussion of the fact that schedule changes are likely to become increasingly common as requested accommodations for people with disabilities and whether the law should recognize same.
Lastly, the New York Times has a very interesting article titled: "Computer Technology Opens a World of Work to Disabled People." The article is an excellent and inspiring story of how modern technology is allowing individuals with very serious disabilities to become valuable employees to those companies with the good sense to accept them into their ranks.
Well that's it for our trip around the world of work for this week. Hope you found it of some use. Now, it's Monday morning...let's get to work.
George's Employment Blog put us on to a company that is offering online internet interview services. Called Hirevue, the company provides a website that candidates can log into and answer set questions that you provide to the company through a web camera. Hirevue records this video and delivers it to the hiring manager or HR officer for review in, what appears to be a fairly well designed user interface.
This would certainly be useful for interviewing job candidates from all over the country, especially if your business would rather not pay to fly 10 or 15 candidates in for an in-person interview. We haven't learned anything about the pricing yet but if its right then this could be a pretty useful product.
Here is the story at BusinessWeek Online.
The lawsuit alleging age discrimination was brought by 61 former employees, who allege that Guidant used the mass layoff to reduce the number of its older and higher-paid employees. Added to the mix is the fact that the layoff came while the company was in secret negotiations to sell itself to Johnson & Johson.
Guidant has been in the news over the past year or so b/c it faces class action litigation brought by users of its defibrillators and pacemakers that had to be recalled due to defects.
Here's the story from the Indianapolis Star.