September 2013 hr professionals magazine

Volume 3 : Issue 9 TM

www.HRProfessionalsMagazine.com

How to Conduct an Internal Investigation

Second Anniversary Issue

2013

TN SHRM

State Conference Agenda

The ABCs of

Wellness Incentives

2013

AR SHRM Legal and Legislative Affairs Conference Agenda

Deep Fried Discrimination Claim:

Lisa T. Jackson v. Paula Deen

Shelly Trent, SPHR

Field Services Director SHRM Southeast Region

SOLUTIONS AT WORK

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If you have employees, you have a reason to call us.

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Bringing Human Resources & Management Expertise to You

80%

of depressed people are impaired in their daily functioning. www.HRProfessionalsMagazine.com Editor

Cynthia Y. Thompson, MBA, SPHR Publisher

The Thompson HR Firm HR Consulting and Employee Development Art Direction

Park Avenue Design Contributing Writers

Judy W. Bell Jennifer Blake Craig A. Cowart John Daniel Harvey Deutschendorf Voss W. Graham Lisa Horn J. Randy Jones Jeff Kortes Mary Margaret Petrinjak Lori Spicer Robertson Robin B. Taylor Donna Tosches Board of Advisors

Austin Baker Jonathan C. Hancock Ross Harris Diane M. Heyman, SPHR John E. Megley III, PhD Terri Murphy Susan Nieman Robert Pipkin Michael R. Ryan, PhD Contact HR Professionals Magazine: To submit a letter to the editor, suggest an idea for an article, notify us of a special event, promotion, announcement, new product or service, or obtain information on becoming a contributor, visit our website at www.hrprofessionalsmagazine. com. We do not accept unsolicited manuscripts or articles.

All manuscripts and photos must be submitted by email to Cynthia@hrprosmagazine.com. Editorial content does not necessarily reflect the opinions of the publisher, nor can the publisher be held responsible for errors.

HR Professionals Magazine is published every month, 12 times a year by the Thompson HR Firm, LLC. Reproduction of any photographs, articles, artwork or copy prepared by the magazine or the contributors is strictly prohibited without prior written permission of the Publisher. All information is deemed to be reliable, but not guaranteed to be accurate, and subject to change without notice. HR Professionals Magazine, its contributors or advertisers within are not responsible for misinformation, misprints, omissions or typographical errors. ©2011 The Thompson HR Firm, LLC | This publication is pledged to the spirit and letter of Equal Opportunity Law. The following is general educational information only. It is not legal advice. You need to consult with legal counsel regarding all employment law matters. This information is subject to change without notice.

Features 4 Note from the Editor 5 Profile: Shelly Trent, SPHR 6 2013 TN SHRM Conference Agenda

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8 2013 AR SHRM Employment Law and Legislative Conference Agenda

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10 Deep Fried Discrimination: Lisa T. Jackson v. Paula Deen

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14 Recognizing Depression in the Workplace 28 Sloan Award Winners “Win” With Improved Business Results 34 Leadership Integrity

Departments 12 Retention: It’s Not About Money 19 PPACA: Healthcare Reform for Employers 20 Employee Relations: How to Conduct an Internal Investigation 23 Performance Management: Are You Hiring High Performers?

24 Benefits: The ABCs of Wellness Incentives 26 Leadership as a Behavior, Not a Title 30 Compensation: 2013 Memphis Wage and Salary Survey 32 EQ: Unleashing the Power of Introverts

Next Issue Highlights from the 2013 TN SHRM Conference & Exposition and the 2013 AR SHRM Employment Law and Legislative Conference and The Top Attorneys in Labor & Employment www.HRProfessionalsMagazine.com

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a note from the Editor

We

are so happy to be celebrating our Second Anniversary with this issue!

Thank you so much to our sponsors and subscribers who have made this possible! It has been an honor and a privilege to visit the many HR conferences and meetings across Tennessee, Mississippi, and Arkansas this past year.

We have made many new friends in each state and look forward to seeing our Tennessee and Arkansas friends during September as we travel to Nashville for the 2013 TN SHRM Conference beginning on September 15 and ending on September 18. We will then travel to Little Rock for the 2013 Employment Law and Legislative Conference that will be September 18-19.

In addition to our SHRM friends, we have made many new friendships in other HR communities including the Tennessee Personnel Management Association (TPMA), The American Society for Healthcare Human Resources Administration (ASHHRA), and the Human Resource Management Association of Arkansas (HRMA). We are looking forward to growing these friendships throughout the coming year as we expand our coverage of these outstanding organizations to help keep you informed and educated about all aspects of human resource management.

You will find the TN SHRM Conference Agenda and the ELLA Conference Agenda conveniently located in this issue. We hope you will enjoy browsing this issue as you enjoy these conferences and include HR Professionals Magazine in your reading materials as you return to your homes and offices. Please be watching for our eBlasts about our quarterly Strategic Leadership Seminars for HR Executives in October that will be focusing on benefits strategies. We plan to bring these to Memphis, Little Rock, and Jackson, MS. Mark your calendars for September 26 when we will be partnering with Data Facts to bring you a complimentary webinar from 2 PM to 3 PM called “Social Media Strategies for HR Executives.� Find out how social media can enhance your employment brand, assist in recruiting top talent, and help to engage your employees. We are also excited to announce a new partnership with the University of Arkansas Global Campus. We will be bringing you an exciting interactive online workshop on October 22 on HR Business Strategy.

Stay tuned for more details about coming opportunities for HRCI credits.

Enjoy the Conferences!

Cynthia Y. Thompson | Editor cynthia@HRprosMagazine.com www.HRProfessionalsMagazine.com

Sign up for our RSS News Feed to receive up to the minute HR Alerts on changing legislation affecting our workforce. www.HRProfessionalsMagazine.com.

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Shelly TRENT on the cover

Shelly Trent, SPHR Field Services Director SHRM Southeast Region

Shelly Trent, SPHR, is a Field Services Director in the Southeast Region for the Society for Human Resource Management (SHRM) where she has worked since 2000. In that capacity, she supports SHRM chapters, state councils, and members in the Southeast U.S. Shelly’s background includes human resources, college career services, and business and industry training.

Shelly is certified as a Senior Professional in Human Resources and obtained her master’s degree in public administration with an emphasis in HR. She completed Ph.D. coursework at the University of Louisville in human resources development and career counseling.

Prior to joining the staff of SHRM, she was an active SHRM volunteer leader beginning in 1996, serving on the Louisville (KY) SHRM chapter’s board of directors, on the Kentucky State Council, the Area II board of directors, and as vice-chair of the national SHRM Human Resource Development committee.

She is also an adjunct faculty member in the School of Business at Indiana University’s Southeast campus, where she teaches business students about career planning and job search. When the job market was poor a few years ago, Shelly developed a program to teach community members about conducting a job search, preparing an effective resume, interviewing, and dealing with job loss. The program was presented throughout the Louisville area by Shelly and other HR professionals through a group called the Interfaith Job Transition Ministry. The jobs programs were provided as various churches in the area, but open to anyone.

Shelly has been interviewed for and quoted in publications such as Essence Magazine, Workforce Magazine, Pittsburgh Business Times, Kansas City Business Journal, and has written articles on various HR topics for books, magazines, and other publications. She is currently serving as an associate editor for the National Career Development Association’s Career Convergence magazine. She is a frequent conference presenter on HR and career-related topics. 

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2013 Tennessee SHRM Conference Schedule* Sunday, September 15 Arrival Day

Tuesday, September 17 6:00 a.m. – 7:00 a.m.

Rise N' Shine Workout

10:00 a.m. – 9:00 p.m.

Registration Open

6:30 a.m. – 5:00 p.m.

Registration Open

11:30 a.m. – 7:30 p.m.

8th Annual Golf Scramble

7:00 a.m. – 8:00 a.m.

Breakfast in the Marketplace Café

12:00 p.m. – 1:15 p.m.

Concurrent Sessions (3)

7:00 a.m. – 5:00 p.m.

Marketplace and SHRMStore® Open

1:30 p.m. – 3:30 p.m.

Super Sunday Mega Session

7:30 a.m. – 8:30 a.m.

Concurrent Sessions (3)

3:45 p.m. – 5:00 p.m.

Concurrent Sessions (3)

8:45 a.m. – 10:00 a.m.

Concurrent Sessions (5)

10:00 a.m. – 10:45 a.m.

Morning Break in the Marketplace Café

10:45 a.m. – Noon

Concurrent Sessions (5)

Monday, September 16

Noon – 1:30 p.m.

Awards Luncheon & General Session

6:00 a.m. – 7:00 a.m.

Rise N' Shine Workout

1:45 p.m. – 3:00 p.m.

Concurrent Sessions (5)

6:30 a.m. – 5:00 p.m.

Registration Open

3:00 p.m. – 3:45 p.m.

Refreshments in the Marketplace Café

7:00 a.m. – 8:00 a.m.

Breakfast in the Marketplace Café

3:45 p.m. – 5:00 p.m.

Concurrent Sessions (5)

6:15 p.m.

Boarding begins for Dinner and a Show

7:00 a.m. – 5:00 p.m.

Marketplace and SHRMStore® Open

7:00 p.m. – 10:00 p.m.

aboard the General Jackson Showboat

7:30 a.m. – 8:30 a.m.

Concurrent Sessions (3)

8:45 a.m. – 10:00 a.m.

Opening General Session

Wednesday, September 18

10:00 a.m. – 10:45 a.m.

Morning Break in the Marketplace Café

10:45 a.m. – Noon

Concurrent Sessions (5)

Noon – 1:30 p.m.

Lunch in the Marketplace Café

1:45 p.m. – 3:00 p.m.

Concurrent Sessions (5)

3:00 p.m. – 3:45 p.m.

Refreshments in the Marketplace Café

3:45 p.m. – 5:00 p.m.

Concurrent Sessions (5)

5:00 p.m. – 6:30 p.m.

Tennessee Wine Tour in the Marketplace

6:00 a.m. – 7:00 a.m.

Rise N' Shine Workout

6:30 a.m. – 5:00 p.m.

Registration Open

7:00 a.m. – 7:30 a.m.

Continental Breakfast

7:30 a.m. – 8:30 a.m.

Concurrent Sessions (3)

8:45 a.m. – 9:45 a.m.

Concurrent Sessions (3)

9:30 a.m. – 10:00 a.m.

Morning Break in the Ryman Foyer

10:00 a.m. – 11:00 a.m.

Concurrent Sessions (3)

11:15 a.m. – 12:15 a.m.

Closing General Session/ Attorney Q&A Panel

12:15 a.m.

Grand Prize Drawings

*Schedule subject to change

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Arkansas Society for Human Resource Management State Council, Inc.

2013 Employment Law & Legislative Affairs Conference Wednesday, September 18

Thursday, September 19

7:00 - 10:15 am Registration

7:50 - 9:45 am

Registration Opening comments

8:00 - 8:15 am

Opening comments

7:45 - 8:00 am

8:15 - 9:15 am

Guest Speaker – Aaron Mankin, spokesperson for Operation Mend

9:15 - 9:30 am

Break

8:00 - 9:00 am Concurrent Sessions: • Bullying – Stuart Jackson • A Labor Arbitrator’s Perspective of Discipline and Discharge – Robert Wayland • Managing Smartphones in the Workplace – Ellen Smith

9:30 - 10:30 am Concurrent Sessions: • The Marriage of Diversity and Affirmative Action – Sybil Randolph • Proposed Legislative Changes in the Immigration World – Danna Young • OFCCP: Navigating the Complexities of Recent Compliance Regulations – Donna Galchus 10:30 - 10:45 am Break 10:45 - 11:45 am Concurrent Sessions: • Best Hiring Practices – Tim Orellano • The Marriage of Diversity and Affirmative Action – Sybil Randolph • Managing Smart Phones in the Workplace – Ellen Smith 11:45 - 1:30 pm Lunch on your own 1:30 - 2:30 pm Concurrent Sessions: • Legislative Update – Thomas Dunlap • Conducting Effective Internal Investigations – Missy Leflar • Can Employees Pack Heat at Work – Brian Vandiver 2:30 - 2:45 pm Break

9:00 - 9:15 am

Break

9:15 - 10:45 am Concurrent Sessions: • Legislative Update – Thomas Dunlap • E-Discovery – Jami Jones • Proposed Legislative Changes in the Immigration World – Danna Young 10:15 - 10:30 am Break 10:30 - 11:30 am Concurrent Sessions: • Bullying – Stuart Jackson • E-Discovery – Jami Jones • Can Employees Pack Heat at Work? – Brian Vandiver 11:30 - 1:15 pm HR Regulatory and Judicial Outlook

for the Obama Administration

– Nancy Hammer 1:15 - 2:45 pm Legislative Panel 2:45 - 3:00 pm Closing Comments and Door Prize Drawings

2:45 - 4:45 pm Heatlhcare Reform Panel 5:00 - 7:00 pm Reception – Pinnacle Room of the Little Rock Marriott Hotel. Hosted by Cross, Gunter, Witherspoon & Galchus, P.C.

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*Programs Subject to Change

Deep Fried Discrimination Claim: Lisa T. Jackson v. Paula Deen, et al.

What employers can learn from the case that was in all the papers – and a recipe for keeping you and your company out of the frying pan.

By Craig A. Cowart

The whole country watched as celebrity chef Paula Deen was “put in the frying pan” over the lawsuit filed by a former general manager of a Deen-affiliated restaurant. Now that the media storm is starting to fade, what lessons can employers and human resources professionals learn from what happened? Keep reading for a recipe to keep you “out of the frying pan” (and the fryer)!

Before getting to the recipe, you need a little background:

The Lawsuit is Filed In March of 2012, Lisa Jackson, a former general manager of Uncle Bubba’s Oyster House, filed a lawsuit against Deen, Deen’s brother (Uncle Bubba), and corporate entities alleging racial discrimination and sexual harassment. In pursuing her claims, the former employee made numerous allegations of racial comments made by Deen and Deen’s brother, as well as allegations of racially discriminatory treatment against black employees and sexual harassment against the Plaintiff by Deen’s brother.

The Deposition and the Fallout In May of 2013, over a year after the lawsuit was filed, Deen gave deposition testimony. During the course of her deposition, Deen was asked if she had ever used the “N word.” Deen responded: “Yes, of course.”

After Deen’s deposition testimony became public the next month, there was substantial media coverage of Deen’s admission. Deen lost lucrative endorsements after the media coverage.

Dismissal of the Racial Discrimination Claim On August 12, 2013, the Judge dismissed Jackson’s racial discrimination claim against Deen and the other defendants. As noted above, the lawsuit made allegations of racially discriminatory treatment against black employees. However, the Plaintiff (Jackson) is white.

Deen and the other defendants argued that the racial discrimination claims should be dismissed because Jackson, as a white former employee, was not alleging that she was injured by the alleged racial discrimination.

Instead, Jackson was claiming that there was racial discrimination against other employees – specifically, black employees. The defendants argued 10

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that Jackson did not have standing to pursue the racial discrimination claim because she was not claiming any injury to herself as a result of the alleged racial discrimination.

The Judge agreed with the defendants’ arguments and dismissed the racial discrimination claim. In dismissing the claim, the Judge stated “[a]t best, Plaintiff is an accidental victim of the alleged racial discrimination” and that the Plaintiff did not suffer discrimination because of her race.

The Lawsuit is Dismissed Less than two weeks after the racial discrimination claim was dismissed, on August 23, 2013, the parties filed a joint motion to dismiss the entire lawsuit with prejudice (meaning that the claims cannot be filed again). While no terms of a settlement agreement have been released or confirmed, it is likely that a settlement was reached.

Following the dismissal of the entire lawsuit, Jackson (the Plaintiff) released the following statement: “I assumed that all of my complaints about the workplace environment were getting to Paula Deen, but I learned during this matter that this was not the case. The Paula Deen I have known for more than eight years is a woman of compassion and kindness and will never tolerate discrimination or racism of any kind toward anyone.”

Some Observations Minimizing Litigation Risks is Critical The racial discrimination claims were dismissed by the Judge, and ultimately the entire lawsuit was dismissed. There was never any finding of liability against Deen. In terms of the litigation, Deen did not “lose.”

However, Deen lost lucrative endorsement deals. She also endured a trying time that almost certainly cost her a lot of time, money, and energy that could have been used more productively.

Even if an employer does not “lose” in litigation, there are costs. It

is imperative that employers and human resources professionals put in the work on the front end that will minimize litigation risks.

All Complaints Must Be Taken Seriously and Investigated In her release following the dismissal of the lawsuit, the Plaintiff (Jackson) commented about how she “assumed that all of [her] complaints about the workplace environment were getting to Paula Deen,” but how she “learned during this matter that this was not the case.” Employers should have complaint procedures ensuring that all complaints of discrimination and/or harassment are taken seriously and investigated. While not every complaint is going to make it to the highest levels of management, it is important that employees understand the complaint procedure and know that their complaint will be taken seriously and thoroughly investigated.

A good investigation might help alleviate an employee’s concerns.

Without doubt, a properly conducted investigation and resulting proper decision is needed for defense if litigation does ultimately result.

Sometimes It’s Not the Lawsuit Itself Causing the Biggest Problems The racial discrimination and sexual harassment lawsuit was filed against Deen and the other defendants in March of 2012. More than a year passed with little public attention to the lawsuit.

It was only after Deen’s deposition testimony went public that the damage for Deen really started. Sometimes it is not the claim or the lawsuit that causes the biggest problem for the employer. Yet another reason to have the culture, policies, procedures, and practices in place that will minimize litigation risks.

NO FRY RECIPE Now that you have some background about the Deen lawsuit, commit to trying this recipe to keep you and your company out of the frying pan (and the fryer):

Ingredients - One workplace culture encouraging positive workplace behavior and conduct that is in accordance with the law - One good hiring decision - for every person hired to work in the organization (this will be a lot – one good decision for every hire) - Excellent policies prohibiting discrimination and harassment (to the taste of governing law) - One orientation for every employee clearly communicating what the employer expects and what the policies require (again – this is a lot – one for every employee) - Ongoing training to educate employees and supervisors about avoidance of discrimination and harassment (to the taste of governing law) - At least one viable reporting mechanism for all complaints of discrimination and/or harassment (that actually works) - Thorough and objective investigations of all complaints of discrimination and/or harassment (as needed) - Above yields good disciplinary decisions that are consistent and in accordance with the law - Constant focus and refinement on all above ingredients

Steps for avoiding the frying pan with no fry recipe 1. Examine mission and culture and peel off anything that could encourage discrimination or harassment. (Do not set aside for remaining steps).

2. Add good hiring practices and make sure every employee is educated about policies and procedures prohibiting discrimination and harassment at orientation.

3. Mix in ongoing training for all employees to peel off anything that could encourage discrimination or harassment (see step 1 above). Make sure all employees know about viable complaint mechanism.

4. Soak all complaints of discrimination and/or harassment in the thorough and objective investigations and use yield to make consistent, lawful decisions.

5. Never stop combining all ingredients.

Use this recipe on a daily basis and consult legal counsel about any questions that arise.

Craig A. Cowart, Partner Fisher & Phillips LLP ccowart@laborlawyers.com www.laborlawyers.com www.HRProfessionalsMagazine.com

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level based on your company strategy.

Then communicate that to your people. This is particularly important today because people will go on the internet and pull up statistics of their own from places like salary.com. Beat them to the punch and have your own studies available. Show them the information and discuss it in order to build a true understanding of the compensation process.

It’s Not about the

By Jeff Kortes

Money

Money is an excuse. Managers and companies like to use it as an excuse when they are losing good people. It’s a way to rationalize away all the things that they should be doing to retain people. This thought process is then reinforced by employees who, when they resign, will rarely tell the company the truth about the things that are wrong with the organization because they don’t want to burn bridges for the future. The line you always hear, “I got a better opportunity for more money.” When questioned they are evasive about their reasons or you receive a “vanilla” exit interview form.

Realistically, how many people are going to take a job for less money? Not too many people I know. If they do it’s because you don’t offer something in your environment.

People leave for some other reason and get more money in the process. As a professional recruiter, it is very difficult to entice an employee away from their current job just for money. If it was all about the money, people would accept a counter offer of more money from their current company every time. It only happens in about 5% of the cases with the candidates that I recruit.

Don’t get me wrong. Pay is important. Most of us are not independently wealthy and don’t work because of altruism. Studies that have been conducted since the beginning of time all bear this out. In most cases money will fall anywhere between #3 and #6 as the reason for leaving. People work to pay the rent, cover the car payment, send the kids to college and other things that add to their quality of life.

As much as possible…your goal is to reduce the impact of pay as a factor in the retention equation. Studies have shown that compensating people near the average or slightly above the average for their occupation is the answer. I believe in paying above the average because “A” players are not looking to be paid “average.” The key is to know what the market is paying for certain skills…then pay at the appropriate 12

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Compensation, money, or pay. Whatever you want to call it, how you divide the compensation pie within the organization is crucial. This is as important as how much you pay. Nothing will drive an employee out of the organization faster than paying some slug the same (or close to the same) as a solid or great performer. Don’t kid yourself. People have a pretty good idea what the person in the next cube is making and they compare how they perform compared to that person.

If you are a manager reading this, how you divide the compensation pie is the one area that most of you have a measure of control over. In most cases you have a say in how you divide the pay pie at the end of the year…..at least within certain parameters. Bottom line.

Take the money from the lousy performers and give it to your solid and great performers. Unfortunately, most managers split the pie “equally” or pretty close to equally thinking this will keep everyone happy.

If you have great employees, you need to go to bat for them. Ask for more for them and be ready with a sound rationale why it’s good for business and the impact to the business if they leave. The most that you can be told is “no.” Then you know you have to use other tools to help retain that solid performer.

You shouldn’t care if your slugs are happy or not. If they don’t like it, let them leave…you will be better off.

Your best people can always find another job. They’re good and other companies recognize it. You should not be looking for equality…you should be looking for fairness. Fair IS paying the solid performers more than lousy performers. After all…they are worth more to the organization. When that slug complains take advantage of the opportunity to start a constructive dialogue about their performance. Tell them they got what they got because of their lousy performance then tell them what needs to change if they want to see more money in the future. Discussions with lousy performers are not fun but they are a part of being a leader. I would rather have that discussion than have to scramble to replace a top performer.

Jeff Kortes Human Asset Management LLC jeff@humanassetmgt.com www.jefkortes.com

Burch, Porter & Johnson PLLC

Labor and Employment Law Group î ľ

Excellence. Efficiency. Results.

(L to R): Attorneys Jef Feibelman, Lisa Krupicka, Tannera Gibson, Jennifer Hagerman, Mary Hamm, Melissa Maravich, & Mary Morris

We are privileged to enjoy a close relationship with our business clients who know that the firm’s members are always available to provide advice on important and sensitive employment decisions, to defend them in litigation when the need arises, and to ensure that their human resources function remains in compliance with all legal requirements.

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Recognizing Depression in the Workplace

By Donna Tosches

A

few years ago, a close friend called to ask for treatment referrals for her brotherin-law. Her sister called to share that her husband had been struggling for months with depression and it had gotten to the point where he was having trouble going to work. My friend thought it strange that her sister hadn’t mentioned anything before about his struggle even though they speak several times a week.

His symptoms included difficulty getting out of bed, trouble sleeping, weight gain, and increased alcohol intake. His wife had to encourage him to shower. He was making excuses to his boss about why he couldn’t keep up his intense travel schedule for work. His sales decreased and the company’s financial bottom line was taking a hit. Not until his direct supervisor pointed out the behaviors he was seeing and the decreased job performance did my friend’s brother-in-law and sister decide it was time to reach out for help. The leader’s crucial conversation with their employee made all the difference to this man and his family.

How Depression Affects the Workplace Most likely, you are aware that there are employees in your organization struggling with depression. Close examination of your health plan formulary will reveal that one of the most often prescribed medications for your employees are antidepressants. Depression is a common illness experienced by nearly one in ten Americans each year. The Partnership for Workplace Mental Health indicates that about 50% of employees affected by major depression are undiagnosed, and usually go untreated.

Depression that goes undiagnosed, untreated and/or mis-treated has a huge financial impact on business. Here are a few sobering statistics that point out how depression affects the workplace.

• Depression is the leading cause of medical disability for people aged 14 to 44 (Stewart, Ricci, Chee, Hahn, & Morganstein, 2003).

• Depressed people lose 5.6 hours of productive work every week when they are depressed (Stewart, 2003).

• Eighty percent of depressed people are impaired in their daily functioning (Pratt & Brody, 2008).

• Fifty percent of the loss of work productivity is due to absenteeism and short-term disability (R. C. Kessler, et al., 1999).

• In any 30 day period, depressed workers have 1.5 to 3.2 more short-term disability days (Druss, Schlesinger, & Allen, 2001).

• People with symptoms of depression are 2.17 times more likely to take sick days (Adler, et al., 2006; Greener & Guest, 2007). And when they are at work their productivity is impaired--less ability to concentrate, lower efficiency, and less ability to organize work.

• Employees are older, and the numbers of employees with chronic conditions such as depression, anxiety, and diabetes, are increasing. In addition self-reported data from more than 1.3 million employees indicate that 30% experienced some depression or were in treatment. (Berry LL, Mirabito AM, Baun WB. Harv Bus Rev 2010).

• According to a recent study by the Rand Corporation, depression results in more days in bed than many other ailments (such as ulcers, diabetes, high blood pressure and arthritis).

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Depression is an Illness Everyone feels sad from time to time.

However, if a person experiences these emotions intensely and for long periods of time, it may signal clinical depression, a condition that requires treatment. Depression is a medical illness that affects your mood, behavior, thinking and health. Depression is a common illness.

Depression does not discriminate; it affects men and women, young and old, and people of all races, cultures, and incomes. Depression is a common illness, not a weakness.

According to the National Institute for Mental Health, clinical depression affects the total person—body, feelings, thoughts and behaviors—and comes in various forms. Some people have a single bout of depression; others suffer recurrent episodes. Still others experience severe mood swings of bipolar disorder with moods alternating between depressive lows and manic highs. Depression is most likely a result of an imbalance in the brain’s chemistry.

Genetic history may also play a role in depression. Depression may be more likely if one suffers from illnesses like stroke, heart attack, cancer, Parkinson’s disease or hormonal disorders. It may also be more likely if one has suffered a serious loss, difficult relationship, financial problems or other stressful situation.

Just like any other illness, depression must be diagnosed by a professional health care provider who can determine appropriate treatment.

Studies have shown that depressed people often wait longer than most any other illness to seek treatment. But, there is good news. More than 80 percent of depressed people can be treated quickly and effectively. The key is to recognize the symptoms of depression early and to receive appropriate treatment.

Symptoms of Depression Symptoms of depression are different from person to person, but usually include the following: • Depressed mood or a loss of interest for weeks or longer • Major weight loss or gain in a short time • Overeating or loss of appetite • Excessive sleepiness or insomnia • Feeling agitated, restless, irritable • Fatigue or loss of energy nearly every day • Feeling worthless or excessively guilty • Finding it difficult to concentrate, make decisions and remember • Thoughts of death or suicide • Chronic aches and pains that don’t respond to treatment • Excessive crying

Depression Affects Employees

How Can Leaders Help?

Depression can affect workers’ productivity, judgment, ability to work with others, and overall job performance. The inability to concentrate fully or make decisions may lead to costly mistakes or accidents. In addition, it has been shown that depressed individuals have high rates of absenteeism and are more likely to abuse alcohol and drugs, resulting in other problems on and off the job.

According to the National Institute of Mental Health, leaders can show support for an employee with the following conversations and interactions:

Unfortunately, many depressed people suffer needlessly because they feel embarrassed, fear being perceived as weak or do not recognize depression as a treatable illness. As was the case with my friend’s brother-in-law; there were feelings of shame and guilt that stood in the way of reaching out sooner. Depression is a common illness, not a weakness.

In the workplace, symptoms of depression often may be recognized by • Decreased productivity

• Know what to say: “I’m concerned that you’ve been late to work recently and aren’t meeting your performance objectives. I’d like to see you get back on track.

I don’t know whether this is the case for you, but if you have a personal problem you can speak confidentially to one of our employee assistance counselors. The service was set up to help employees who are experiencing personal problems. Our conversation today and your appointment with the counselor are confidential.

Whether or not you contact this service, you still will be expected to meet your performance goals.”

• L earn about depression and the sources of help.

Become familiar with the company’s health benefits and resources, such as an employee assistance program (EAP).

• Morale problems • Lack of cooperation • Safety risks, accidents • Absenteeism • Frequent statements about being tired all the time • Complaints of unexplained aches and pains • Alcohol and/or drug abuse • Difficulty getting along with co workers • Presenteeism - defined as the measure of lost productivity cost due to employees actually showing up for work, but not being fully engaged and productive.

• R ecognize when an employee shows signs of a problem affecting performance, which may be depressionrelated, and refer appropriately. Supervisors cannot diagnose depression. A supervisor can, however, note changes in work performance and listen to employee concerns. Always reach out to the company’s EAP and consult with a counselor on how best to approach an employee who may be experiencing problems related to depression.

Financial Wellness Program By adding the Waddell & Reed Financial Wellness Program to your benefits package you could potentially:

• • • •

Decrease turnover Increase productivity Enhance company culture Increase participation in the company retirement plan

Financial wellness can potentially pay significant dividends to the health of your company and the quality of your employees. Let us show you how.

MEMBER SIPC

Jerry Milligan, MBA 6060 Poplar Avenue Memphis, TN 38119 (901) 685-2700 www.jerrymilligan.wrfa.com jmilligan@wradvisors.com

www.HRProfessionalsMagazine.com

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• Discuss changes in work performance with the employee. You may suggest that the employee seek consultation if there is a personal problem. Confidentiality of any discussion with the employee is critical. If an employee voluntarily discusses health problems, including feeling depressed or down all the time, keep these points in mind:

» Do not try to diagnose the problem.

» R ecommend that any employee experiencing symptoms of depression seek professional consultation from an EAP counselor or other health or mental health professional.

» R ecognize that a depressed employee may need a flexible work schedule during treatment.

» Remember that severe depression may be life-threatening to the employee. If an employee makes comments like “life is not worth living” or “people would be better off without me,” take the threats seriously. Immediately call an EAP counselor or other specialist and seek advice on how to handle the situation.

Model (PI Model) which helps estimate the cost of depression to a specific company, and can also project the benefits when depressed employees receive treatment.

National Depression Screening Day® October 10, 2013 is National Depression Screening Day. Held annually during Mental Illness Awareness Week in October, National Depression Screening Day (NDSD) raises awareness and screens people for depression and related mood and anxiety disorders. Businesses can promote depression screening in partnership with their Employee

October 10, 2013 National Depression Screening Day

There Are More Ways to Help Educate employees and managers about mental health, including depression. Employees look to their business leaders to provide guidance about all aspects of their wellness and that needs to include information about depression and other mental health issues. Encourage employees to seek care when they need it by educating the workforce that mental illnesses are real and can be effectively treated. Teach supervisors how to (and how not to) intervene appropriately by focusing on job performance.

Screen for depression. Include depression screening in health risk appraisals and EAP programs. Work with health plans to incentivize clinicians to screen and ensure that appropriate systems are in place to follow up for diagnosis and treatment. Use the validated 9-item Patient Health Questionnaire (PHQ-9), available in multiple languages and formats.

Promote the use of employee assistance and health programs.

Early intervention is the key. Remind employees of the availability of resources for staying healthy and productive. Ensure that employees know how to access care confidentially and quickly by providing information on how to do so in multiple places and throughout the year. Heavily push these messages during times of stress, at the holidays, etc.

Assistance Program. There are resources that can assist by contacting local mental health services in your community. Many online resources are available such as Screening for Mental Health http://www.mentalhealthscreening.org/events/national-depression-screening-day.aspx; Mental Health America http://www.mentalhealthamerica.net/llw/ depression_screen.cfm or more locally at the Dennis H. Jones Living Well Network at www.livingwellfrontporch.org where adults can take a depression screening test, learn more about depression; discover the many pathways to treat symptoms of depression and call to talk to licensed counselor to find help in their community.

S

o, what happened to my friend’s brother-in-law? A few months after he sought help for his depression, I saw him at a birthday party at my friend’s home. He looked good; smiling, engaged in conversation. He walked me out to my car when I left and said “I never really understood what therapy was all about. It was for other people, not people like me. But, now I know it is for me and it has made all the difference.”

Depression is a common illness. Discussion about depression, especially at the workplace, and treatment for depression is not just for the other person; it is for every person.

Integrate mental health educational messages in health communication strategies. Include content about depression in company newsletters, on the intranet and in other regular employee communication platforms.

Use the Depression Calculator. Visit the Partnership for Workplace Mental Health to access the depression calculator to estimate the cost of depression in the every workplace. (http:// www.workplacementalhealth.org/Business-Case/Depression-Calculator.aspx.) The calculator is based from the Productivity Impact 16

www.HRProfessionalsMagazine.com

Donna Tosches, LCSW, CEAP Director of the Methodist LeBonheur Healthcare Employee Assistance Program Donna.Tosches@mlh.org www.methodisteapcanhelp.org

EMPLOYERS LAWYERS

&

Working Together in Mississippi Ogletree Deakins lawyers in Jackson, Mississippi work closely with Human Resource professionals, business executives, and inhouse counsel to anticipate, prevent and resolve legal issues in the workplace. Our experience and knowledge of our clients’ industries and legal challenges enable us to serve their interests effectively and efficiently.

We remain committed to providing our clients with an insider’s view of the workplace issues of the day.

With more than 650 attorneys in more than 40 offices located in the United States and Europe, the firm combines local knowledge and strength with national resources.

Jackson office attorneys L-R: Timothy Lindsay, Robin Banck Taylor, Kristi Haskins Johnson, Bert Ehrhardt 100 Renaissance • 1022 Highland Colony Parkway, Suite 200 • Ridgeland, MS 39157 • 601.360.0995 www.ogletreedeakins.com LAW FIRM OF THE YEAR Litigation – Labor & Employment LAW FIRM OF THE YEAR Employment Law - Management

Healthcare Reform for Employers

hours for variable, part-time and seasonal workers; developing a basic understanding of how the health insurance exchanges will work; adopting reporting systems to comply with the employer information reporting requirements; and understanding potential penalties under the Act. It is important to remember that although the Act's employer shared responsibility, obligations, and related reporting requirements have been delayed, the remaining requirements of the Act are still in effect beginning January 1, 2014. Public exchanges are still scheduled to open on October 1, 2013 to allow individuals and small employers to enroll for health coverage in 2014 and the individual mandate is still in effect. The following requirements of the Act applicable to employers have not changed:

By Mary Margaret Petrinjak

T

The Obama administration recently announced a one-year delay in the enforcement of the employer shared responsibility provisions and related information-reporting requirements under the Patient Protection and Affordable Care Act (the "Act"), also referred to as the employer mandate or "pay or play" rules. The administration cited the complexity of the reporting requirements under the Act and the need for more time to implement them effectively as the reason for the delay. On July 9, the IRS published Notice 2013-45 making the delay official.

Transition Relief for 2014 Notice 2013-45 provides "transition relief for 2014" from: (1) the Act's annual information reporting requirements applicable to insurers, self-insuring employers and certain other providers of minimum essential coverage; (2) the Act's annual information reporting requirements applicable to large employers (i.e., employers with 50 or more full-time equivalent employees); and (3) the employer shared responsibility provisions. A copy of the Notice, which outlines the transition relief available for 2014 using a question and answer format, can be found on the IRS website at: http://www.irs.gov/ pub/irs-drop/n-13-45.PDF. Although the IRS encourages employers to maintain or expand health coverage during the 2014 "transition period," the Notice clarifies that no penalties will be assessed against an employer for failure to offer affordable, minimum essential coverage to employees in 2014.

Similarly, because the Notice makes information reporting under the Act optional for 2014, no penalties will be assessed for failure to comply with the information-reporting provisions in 2014.

The delay in implementation is a welcome reprieve for many employers who are struggling to understand and implement these provisions. Employers now have an additional year to assess and adapt their health coverage and reporting systems. For many, the extra time is needed not only to determine whether their existing health plan meets the minimum essential coverage and affordability standards of the Act, but also to adequately prepare for future compliance by identifying full-time employees; adopting measurement and stability periods to track

Exchange Notices Exchange Notices - Employers are required to provide written notice to all employees informing them of the availability of the health insurance exchange and describing coverage that is available through the exchange. This notice must be provided by October 1, 2013.

The Department of Labor has published to model notices; one for employers that do provide health coverage and one for employers that do not. The model notices can be found on the Department of Labor website at: http://www.dol.gov/ebsa/healthreform/index.html.

COBRA Election Forms In addition to providing a model exchange notice, the Department of Labor has revised its COBRA Election Notice to provide information regarding coverage options available through the exchange. The revised model COBRA election form may be found on the Department of Labor website at: http://www.dol.gov/ebsa/healthreform/index.html.

“PCORI� Fees Patient-Centered Outcomes Research Institute ("PCORI") Fees - Employers who sponsor self-insured health plans, including health reimbursement arrangements and flexible spending arrangements, are required to pay an annual PCORI Fee to fund the newly created PatientCentered Outcomes Research Institute. The fee is due by July 31 of the calendar year following the close of the plan year. (For calendar year plans, the first year payment was due on or before July 31, 2013.) The PCORI fee is reported and paid using IRS Form 720.

W-2 Reporting Obligation Employers who issued at least 250 Form W-2s in 2012 are required to report the cost of employer-sponsored health coverage on the W-2 forms issued for 2013. More information on W-2 reporting of employer-sponsored health coverage can be found on the IRS website at: http://www.irs.gov/uac/Form-W-2-Reporting-of-Employer-Sponsored-Health-Coverage.

90-day Waiting Period - For plan years beginning on or after January 1, 2014, Employers are required to enroll employees in their employer-sponsored health plan within 90 days of the employee becoming eligible to participate in the plan.

Wellness Program Compliance Wellness Program Compliance with Final Regulations - The Treasury Department, Department of Labor and Department of Health and Human Services recently issued final regulations on wellness programs and rewards for group health plans. The regulations implement provisions of the Act and amend guidance previously issued under the Health Insurance Portability and Accountability Act ("HIPAA"). The regulations are effective for plan years beginning on or after January 1, 2014. Existing wellness programs should be reviewed to ensure that they comply with the final regulations and determine whether any program changes are needed.

The changes outlined above are only a few of the provisions of the Act that may impact employers. If you have questions about these or any other provisions of the Act and how it will after you, we recommend that you contact your attorney.

Mary Margaret Petrinjak, Attorney Burch, Porter, Johnson, PLLC mpetrinjak@bpjlaw.com www.bpjlaw.com www.HRProfessionalsMagazine.com

19

How to Conduct an l a n r e Int n o i t a g i t Inves

E

By Robin B. Taylor

mployers should institute investigative procedures to enable them to respond promptly to employees’ complaints of discrimination, harassment, inappropriate conduct, or other subjects of investigations. This procedure should provide the complainant with several alternatives for bringing his/her complaint to someone other than his/her direct supervisor when the supervisor is the alleged offender. The employer should treat all allegations of harassment seriously and promptly investigate all complaints in a fair and consistent manner, taking corrective measures, including disciplinary steps against those who committed or condoned the inappropriate conduct.

Who to Interview The investigator should question the complainant or individual who reported the issue, the alleged perpetrator, the supervisors for the complainant and the perpetrator, and any witnesses who were identified or are believed to have seen the alleged misconduct or should have been in a position to see if it occurred.

Detailed Notes Should Be Taken The interviewer should take detailed notes of the interviewee’s version of events. Audio recording is generally not a good idea because it tends to make the interviewee uncomfortable and less likely to volunteer potentially relevant information. Some jurisdictions have restrictions on the use of recording devices. Have the interviewee review the notes at the conclusion of the interview, and sign them to indicate their agreement that the notes accurately reflect the interview. This can be an extremely helpful document if a witness’ story changes later during litigation.

Instead, the employer may tell the employee that the employer will treat the information as confidentially as appropriate under the circumstances, but in order to follow up and conduct a proper investigation, it may become apparent to witnesses who the person is that made certain allegations. It is therefore impossible to keep the identity of the person making the allegations or the object of the allegations confidential.

Initiating the Interview – Suggested Script Before conducting interviews, the interviewer should have an outline of questions that are designed to obtain relevant facts, and the interviewee’s level of knowledge and credibility. Careful explanation of reasons and protocol for the interview are likely to elicit cooperation. Use of the word “harassment” or any legal jargon should be avoided. Instead, emphasis should be placed on the employer’s workplace standards.

It is important to advise any complainant and all interviewees that the employer will not retaliate against them in any way because of their cooperation in the investigation. All witnesses should be encouraged to report any subsequent actions they interpret as possible retaliation.

Obtaining a Written Statement by the Complainant Obtaining a statement written by the complainant is very important to the successful defense of litigation. By obtaining a statement from the complainant, the employer will avoid accusations it failed to investigate all of the allegations that the complainant raised. It also ensures the allegations are described by the complainant, in his or her own words, thereby avoiding allegations that the employer minimized or distorted the nature of the matters under investigation.

Interviewing the Complainant Confidentiality in Investigations When a supervisor or human resources employee receives information of misconduct (particularly alleged discrimination or harassment) there is no such thing as treating that information as confidential. The employer cannot give assurances of confidentiality, as the employer has the legal obligation to follow up on information learned during the investigation.

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www.HRProfessionalsMagazine.com

The following are general pointers that employers should follow in most investigations when interviewing the complaining party for the incident under investigation.

• The complainant is usually the first person interviewed.

• Obtain as much factual detail as possible about what occurred, initially inquiring as to the “whats” and “wheres” of the allegations.

• Determine how the alleged inappropriate conduct affected the complainant’s work.

• Inherent plausibility: Is the testimony believable on its face? Does it make sense?

• Ask how the alleged complainant felt after the alleged instances of improper conduct; the responses may reveal whether the improper conduct altered the complainant’s working conditions.

• Demeanor: Did the person seem to be telling the truth or lying?

• Determine the type of relationship between the parties involved and whether the parties engaged in any prior consensual relationship.

• Establish whether the alleged conduct was really unwelcome.

• Determine if the complainant engaged in similar conduct in the past.

• Consider whether the complainant needs counseling and, if so, make appropriate arrangements. Also, evaluate whether the complainant will resume work on the same shift or be placed on paid leave pending the outcome of the investigation.

Interviewing the Alleged Perpetrator The following are general pointers for employers when interviewing the perpetrator of the incident under investigation.

• Explain that the company will investigate the complaint thoroughly, that the investigator is a neutral party ascertaining the facts, and that the alleged perpetrator will not be presumed guilty.

• Emphasize that the truth is very important, regardless of how uncomfortable it may be to talk about certain information.

Emphasize that untruthfulness will result in extremely harsh consequences (i.e., termination).

• Inquire about each instance of unwelcome conduct alleged by the complainant, and note areas of agreement and disagreement between the parties.

• If the behavior is admitted, the investigator should inform the alleged perpetrator that the conduct is unwelcome, will not be tolerated, and the company will decide whether disciplinary action is warranted.

• Obtain corroboration of denials in the form of documents or witnesses. Learn about the area in which the accused perpetrator works (i.e., whether he/she facilitates an unpleasant environment).

• Conclude the interview by explaining that, if additional facts come to mind, the alleged perpetrator should contact the investigator and provide any additional explanation for the conduct.

Factors for Determining Credibility Investigations often boil down to issues of credibility between the conflicting statements of witnesses. During investigations of alleged inappropriate conduct or harassment, often there are no witnesses to the key events under investigation, and the results of the investigations are the classic “he said/she said” situations. Sometimes it is not possible to determine who is more credible in those situations. Other times, it is possible to find either the complainant or the alleged perpetrator more credible.

If the employer intends to make a credibility determination, it is helpful to use the following credibility factors that the EEOC Guidelines recommend may be used in order to determine credibility:

• Motive to falsify: Did the person have a reason to lie?

• Corroboration: Is there witness testimony (such as testimony by eye-witnesses, people who saw the person soon after the alleged incidents, or people who discussed the incidents with him or her at or around the time that they occurred) or physical evidence (such as written documentation) that corroborates the party’s testimony?

• Past record: Did the alleged perpetrator have a history of similar behavior in the past?

The list is not exclusive, however, and if there are additional factors that bear upon credibility, then certainly those should be applied as well. The employer will be in a better position to defend the conclusions of the investigation either in proceedings before the EEOC or in court if the employer has used the factors that the EEOC itself recommends for making determinations of credibility.

In many situations it is not possible to make credibility determinations. In those situations it is entirely appropriate and reasonable to conclude the investigation by informing both the complainant and the accused that the result of the investigation was inconclusive. The complainant can nevertheless be counseled regarding the employer’s anti-discrimination and anti-harassment policies. The alleged perpetrator should additionally be informed of the anti-retaliation policy and given firm directives regarding how he/she should treat the accuser so that the prospects for a later allegation of retaliation are minimized. The employer should, of course, document the counseling sessions. The employer should also check back with the complainant at intervals in the future, such as 30, 60 or 90 days thereafter, to make sure everything is fine and that nothing retaliatory has occurred. The employer should document those follow-up checks.

Creating a Record It is recommended that the employer document the investigation and any conclusions reached and the results of the investigation. However, exercise caution as any written document prepared during the course of an investigation will become one of the primary exhibits in any litigation that may be filed by the complainant, the accused, a third-party witness, a supervisor or even an outsider. In documentation concerning the investigation, it is critical that the investigator avoid stating conclusions that include terms such as “discrimination”, “harassment” or “wrongdoing.” Instead, terms such as “inappropriate,” “unprofessional” or “policy violation” should be used.

Before finalizing any report and to assist in ensuring an objective eye would agree with the decision about to be made by the employer, the company should request a knowledgeable HR professional or respected executive not involved with the investigation to review the documentation and final report.

Robin B. Taylor, Attorney Ogletree, Deakins, Nash, Smoak & Stewart, P.C. robin.taylor@ogletreedeakins.com www.ogletreedeakins.com www.HRProfessionalsMagazine.com

21

Are You Hiring

High Performers?

By Voss W. Graham

A universal question appears to be “How Do I Find High Performers for My Company?” And it seems to get more focus and debate every day. When I hear executives declaring “We can’t find enough good people!” or the down side statement of “We don’t have enough quality employees on our team.”

So what is happening in these companies that true high performing companies seem to overcome? Let’s take a look at several myths about hiring high performers and bust them up.

Busting Myths about Hiring High Performers

First let’s deal with a myth that Hiring High Performers is impossible!

The reason given is there are so few high performers out there to hire - by some estimates less than 1% of the population. Well, while I don't want to debate the issue of just how many high performers there are in your market, I do believe in the Pareto principle or the 80/20 rule. When you realize the top 20% of employees will outperform the bottom 80%, opportunities present themselves to you.

The real issue is “Can You Top-Grade Your Staff?” Do you know how to place better performers in positions today? It really becomes important to find the best fit for a position at this moment in time.

While the answer to top-grading is yes, there are some important aspects for you to accomplish prior to the hiring of anyone.

4. The hiring manager is in too big of a hurry, then hires the first person who applies for the job. Major error here and it is a direct result of the short-term or efficiency-minded managers. Effectiveness in hiring is when all the factors are considered and choices are evaluated against a high performance benchmark.

Mismatching of people to jobs places major stress on everyone – employee, their peers and the managers.

The reason for the stress is people want to perform well at their job. However, when mismatched, these same people are expected to perform well using their natural WEAKNESSES rather than their strengths. This is totally unfair to the employee. The usual outcome is lower performance and more probably a short duration of employment.

Finally, hiring is a subjective evaluation and mistakes will happen. While the hiring process does include a fair amount of subjective evaluation of candidates, the real issue here is rather a company uses objective tools such as validated assessments.

Here is one of the most interesting myths I have found in organizations – of all sizes. The statement used is “Assessments can’t be used because they don’t accurately reflect the talent of an individual.” Really?

Assessments when used properly can provide very high accuracy regarding the quality of the candidate being considered. And, when the Talent portion is compared against a Job Benchmark – objectivity is the name of the game.

To begin the top-grading process, you must know exactly what traits a job needs to be successful. Notice I did not say the person - I said the job. The job is the important part of the equation. What traits are necessary for the job to be successful is the most overlooked and undervalued piece of the puzzle.

I have seen the research showing how the predictability of a successful selection is influenced by the use of assessments. When three or more assessment sciences are used, your accuracy (objectivity) increases into the 90% range. The higher the matches – the longer term hire you will be making and thus your retention levels increase.

I hear things like – “Well, I just know what it takes,” or “I'll know when I meet the right person,” or the worst statement – “If the person I select doesn’t work out - I’ll fire them and get a new one!” The key is to have written Job Traits, Key Accountabilities (Outcomes and Results for the Job) as well as a job description.

While the top 1% of people may be difficult to find, the fact that we could know what that level looks, sounds and acts like, allows us to make educated and objective decisions rather than guessing.

High performers are people rather than machine parts. In order to hire them, you need to know exactly what traits are needed. Assess for those traits and interview the person while learning about the depth of experience the candidate has using those traits.

Unfortunately, often I see organizations spend more time and money on ordering parts, stationery or equipment than on the critical step of hiring a potential high performer.

Finding the top 20% relative to a job position can make a material difference in your organization's results and productivity. Knowing the job needs and matching talent allows for high levels of performance. This is your key to success in consistently hiring high performers.

Second, we can train anyone to be successful in this job.

This mindset leads to mismatching people to jobs and this is a major mistake. Yet, it is committed every day by good HR people and hiring managers. Why? Usually due to the following four reasons:

Hiring high performers can be your normal operating process - if you learn how it works. Learn the process and find the tools that will give you the edge. Having the edge in hiring better people allows you to win more often and create a competitive edge in your marketplace.

1. They don’t know what traits are needed for the position or job to be successful.

2. They like the person because they are friendly or just like me.

(Again, no match to the job.)

3. A friend or higher-ranking person in the company referred the candidate to the hiring manager or HR. While this could be a good situation you still need to check.

The worst hiring mistakes I made were due to being told someone was an excellent worker, and I didn’t verify it!

Voss W. Graham Sr. Business Advisor | CEO InnerActive Consulting Group, Inc. voss@inneractiveconsulting.com www.inneractiveconsulting.com www.HRProfessionalsMagazine.com

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1J I1 1J s The IA BJ IC

of Wellness Incentives

By J. Randy Jones

January 1, 2014 is the date when the new Final Rules “Incentives for Nondiscriminatory Wellness Programs” go into effect.

Do you have a new incentive plan ready to implement or are you confused about wellness incentives? Join the crowd! Although the confusion of the new Affordable Care Act has caused some employers to hold off implementing new incentive plans, many employers have continued to move forward.

I’ve pulled together many of the terms you need to know to help you get your program pulled together, to ensure you are meeting the “letter of the law” and to ensure you are providing a solid, well thought out and successful program.

History of Wellness Incentives Wellness incentive legislation, like most federal legislation has been a “work in progress” over the past 17 years with a timeline that looks something like this: - 1996: HIPAA legislation began the discussion of non-discrimination and the possibility of rewards.

- 2001: Interim “bona fide wellness rules” are introduced (very gray rules) and four requirements are first stated to offer rewards to individuals based meeting health standards.

- 2007: Final Wellness Rules were issued and outcomes based rewards were defined and permitted, with a checklist of five standards.

- 2010: ACA clarifies and adopts wellness incentives as part of the platform/strategy to help control health care costs.

- 2013: Final ACA Wellness Regulations released that becomes effective January 1, 2014.

Final Wellness Rules: These are the five standards that all programs must follow if they choose to implement Contingent Based Wellness Rewards: 1) Employers must allow individuals to qualify at least once per year.

2) Rewards must be limited to 30% total costs of plan or up to 50% if tobacco is included.

3) Program must be “Reasonably Designed.”

4) Programs must be “Uniformly Available” & provide “Reasonable Alternatives.”

5) Employers must provide notice to all participants of reasonable alternatives.

Nondiscrimination Rules: Exceptions to the HIPAA rules that generally prohibits health plans and health insurers from discrimination against individuals, by allowing premium discounts, rebates and cost sharing in return for employees meeting specific health standards or participating in healthy lifestyle practices.

Participation Based Wellness Program: One of the two general categories of incentive based wellness programs, (the other being Health Contingent). Employees are rewarded for simply participating in programs with no reward based on program outcomes.

Examples would include reimbursement of fitness center memberships or participating in a lunch and learn program.

Health Contingent Wellness Program: Second major category of programs that requires individuals to meet a standard related to a health factor to obtain a reward. With the release of the “Final Rules” in June, 2013 there are now two types of Health Contingent Programs: 1) Activity Only Wellness Program: an activity or program that is required to be completed based on a health risk. The individual just 24

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has to complete the activity with no requirement to meet or maintain a health standard. Examples would include requiring smokers to complete a smoking cessation program, or individuals with elevated BMI to complete an exercise program.

2) Outcomes Based Wellness Program: individuals would be required to meet a standard set by the employer to get a reward. Examples could include a BMI under 30, cholesterol levels under 200 or being tobacco free.

Rewards: Included here can be discounts or rebates of an insurance premium or employee contributions. Also this could include a waiver of all or part of cost-sharing (i.e. deductibles or copayments).

Reasonably Designed Program: New regulations that go into effect January 1, 2014 established guidelines to help ensure some flexibility and discretion for employer based programs. These guidelines are questions that include: - Is the program reasonably designed to promote health?

- Does the program have a reasonable chance to improve health?

- Does the program unreasonably overburden employees?

- Is the program a clever way to discriminate based on health factors?

- Is the method “suspect” to promote health?

- Does the program have Reasonable Alternative Standards and or Medical Waivers?

Reasonable Alternative Standard: Alternatives for employees who find they cannot meet the wellness program standards set by employers, because the requirement would be unreasonably difficult due to a medical condition, or for those for whom it would be medically inadvisable to try and meet the standard. The alternatives can be in the form of related activities, such as participating in an online nutrition program in lieu of accomplishing a BMI target. Another example could be an intermediate progress based goal of losing 10 pounds in six months rather than requiring a person with a BMI of 37 to hit the <30 BMI target.

Waiver: Individuals with a medical condition that would make it unreasonably difficult to meet a standard, or those for whom it would be medically inadvisable to try and meet the standard may be totally released from having to obtain the standard or all of the standards. Examples could be a waiver for a pregnancy or for someone bound to a wheelchair.

Appeal: Part of the wellness incentive program process (normally following the employee health screening) where employees have the ability to request a reasonable alternative if they fail to meet a health screening standard.

Notice of Availability: Plans and issuers must disclose the availability of Reasonable Alternative Standards to qualify for rewards in all plan materials describing the terms of a health contingent wellness program.

While the “devil is always in the details”, having a solid grasp of the preceding terms will go a long way in helping ensure success for your program as you develop and implement your wellness incentive plan. There are third party resources out there that can provide you support in the development and operation and management of your wellness program. Find a solid partner who is willing to work with you to help build a tailored program for your company that will meet all the new requirements and stand the test of time.

J. Randy Jones, MPH, CHES Director Wellness Program Strategies Lifesigns | The Prevention Group rjones@preventiongroup.com www.preventiongroup.com

Legal Challenges are Coming at HR Professionals from Every Direction

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For more than 30 years, our AV-rated firm has advised businesses, non-profit organizations, and government agencies on all aspects of employment law; and represented our clients in state and federal courts and before state and federal regulatory agencies. If you would like to discuss how we can help you, please call.

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Inspirational Leadership:

Leadership as a Behavior, Not a Title

By John Daniel and Lori Spicer Robertson

John is a presenter at the 2013 TN SHRM Conference and will be speaking on this topic.

T

oday’s organizations face tough challenges, but these challenges are much easier to resolve when there is a capable leader behind the wheel. Companies all over the world are forced to think differently

about culture, values, and purpose in order to compete in today’s marketplace. Within those companies, which have remained successful, are leaders who genuinely care. These are leaders who approach their colleagues and their work with openness, honesty, and both inspire and invest trust.

True talent leaders can assist companies to envision a different future by enabling a new type of leadership. These leaders are developing an innovative future because they have a different view on the definition of leadership. Leadership, in their eyes, is a behavior not a title. These leaders are also innovative thinkers, always developing novel ways to grow the company’s products or services. It is up to leaders to satisfy what Emerson called a person’s “chief want:” someone who will inspire us to be what we know we can be. The challenge for all leaders is to become role models of inspirational leadership, encouraging others to share their vision and follow their lead. Of all the necessary traits of an effective leader, the one thing that differentiates the best from the worst is leaders who inspire others to achieve their unique success.

What makes them unique?

Inspirational leaders create the highest level of employee engagement and commitment.

These leaders offer their team stretch assignments and believe in their capacity to get the job done. They connect with each individual to know their strengths and where they need development. They believe in the power of collective impact on their teams. They foster a culture of innovation where generating new ideas is welcome. Although essential, the traits 26

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of these leaders are not always as tangible as those aforementioned.

According to the HOW Report from advisory services firm LRN Corp., new leadership models are needed to adhere to the change in time, but that inspiration is the most vital ingredient. The report also stated that only 4% of organizations actually inspire their employees. Inspirational leadership cannot be seen in terms of traditional leadership competencies, but values to guide the behavior of the organization and the leader.

Inspirational leadership is about both business results and relationships, and there are eight principles of leadership to be exhibited by an inspirational leader and infused in the company’s culture.

Today we live in a world where we must have the competitive advantage and that includes outperforming the competition, and being trendsetters, not trendfollowers. These actions are not unique to a particular company, so leaders have to take the risk to reframe and rethink their business position over those who are performing similar actions. Leaders have

to communicate their decisions to challenge convention and avoid complacency to see a new level of positive business results and to establish a deeper level of trust and commitment among its employees. Inspirational leaders know how to earn and extend trust to ensure that decisions are accessible to all employees. As a result, employees feel empowered to do more in their companies and value their openness and transparency. When leaders finally embrace transparency as an established ethic, much like Google, organizations will accept how universally available information is for its employees and customers.

it into practice. Successful organizations hinge off of a culture of collaboration where their employees are in opposition of silos, and information and talent can share their experience and knowledge across a company.

As companies have changed, employees have also changed.

People, especially younger generations, are demanding more from work and life. They want to live a life on purpose and that includes not working just for a paycheck, but to truly pursue significance in the work they do each day. This is a serious focus for organizations, because employees are no longer simply satisfied with the corporate social responsibility program of the day, but one where the mission defines its purpose.

How do they inspire?

Harvard Professor Rosabeth Moss Kanter, at the 2008 Harvard Business School Global Business Summit, gave a name to organizations that prize purpose: vanguard companies. “In vanguard companies, belief in the purpose and embrace of the values generate self-guidance, self-policing and peer responsibility for keeping one another aligned with the core set of principles,” Kanter said. “This type of human control system does not work perfectly by itself, but it certainly reduces the need for rules, and this helps people feel autonomous. Rather than feeling forced into conformity, employees feel that they are willful actors making their choices based on principles they can support.”

These eight principles of inspirational leadership should successfully interact and build on one another for the best results. Leaders use these eight principles to inspire, advance and leverage the organization to greater heights in a world that is always seeking the next competitive advantage.

Oftentimes the misconception is that inspirational leadership only stems from a person with an extraverted personality. Many leaders shy away from this form of leadership because they feel it will make them appear weak, too vulnerable, and/or not respectable. This thought is the furthest from the truth and those leaders who feel this way are lagging behind those who have clinched onto inspirational leadership.

An inspirational leader will establish a compelling vision for his/ her team, while enlisting their creativity and zeal to develop higher goals for the organization. The truth is there are a number of different approaches to exercise, but at the root of them all is empowering your employees.

Although each approach is equally effective, it is important to hone in on multiple approaches to deliver the most effectiveness.

4%

… only of organizations actually inspire their employees.

Gone are the days where leaders should be leading the charge to create company values. Companies have to enlist today’s employee to determine what the company stands for. Leadership is about living, sharing and scaling the right values that will drive organizations to achieve exceptional results, which is done when all employees have a seat at the table. This principle creates a sense of connection and pride in the company and its overall success. When employees are part of developing these values they also feel one with the company’s culture.

Inspirational leaders understand that culture is not too large or small to take notice of, although it had previously been ignored for decades, and today it is the lasting asset that will surpass any leader’s tenure with the company and will drive up business results for years to come. Leading through culture is what establishes the infrastructure of a business and what creates communities within a company. Connecting with others in your company also in turn allows employees to collaborate across boundaries for greater success that is rooted in purpose and values.

You have to reach a place of inclusivity by offering people both the support they need to be effective and the overall freedom to put

Studies have proven that leaders can make significant gains towards inspirational leadership when they use the right approach. With an adequate career development plan, a heavy dose of self-awareness, selfregulating emotional intelligence, and compassionately candid feedback, leaders are able to improve upon the most fundamental leadership competency – inspiration.

John Daniel, SPHR EVP and Chief Human Resource Officer First Horizon National Corporation Jdaniel@firsthorizon.com www.firsthorizon.com

Lori Spicer Robertson Manager, Change Leadership First Horizon National Corporation lrobertson@firsthorizon.com www.firsthorizon.com

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Sloan Award Winners With Improved Business Results

“WIN”

By Lisa Horn

September is upon us, which means parents everywhere (including this one!) are likely breathing a sigh of relief that school is back in session and at the same time lamenting the return to the overly scheduled, daily grind of work, car pools, homework, football practice and business trips. Yes, the lazy days of summer are but a distant memory!

This backdrop provides a vivid reminder that the 21st century workplace and workforce demand that organizations think about work differently. Work, for example, is no longer someplace we go, but tasks we complete from home, the airport, or the football bleachers. Work means delivering results for customers and clients, not sitting in a cubicle after the work is completed for no reason other than not wanting to be the first to leave.

As the nation inches out of the recession, organizations must also prepare for a possible turnover wave. In the National Study of the Changing Workforce, four in five employees suggest flexibility is very important when considering a new job. Workplace flexibility is a key ingredient in creating effective workplaces that can yield important work-related outcomes for employers and employees.

Organizations that offer workplace flexibility report an increase in their ability to attract and retain employees and an increase in employee productivity among other benefits. Additionally, employees in effective and flexible workplaces report greater engagement, greater job satisfaction, increased loyalty, and better overall health.

As the competition for top talent heats up, how will you ensure that your company is able to attract the best and brightest individuals? There isn't a better way to build your organization's employment brand than by participating in the Sloan Award for Excellence in Workplace Effectiveness and Flexibility.

The Sloan Awards are part of When Work Works, a nationwide initiative to bring research on workplace effectiveness and flexibility into community and business practice led by the Society for Human Resource Management (SHRM) and the Families and Work Institute (FWI). SHRM’s and FWI’s network of community partners across the country, including many SHRM State Councils and Chapters, help educate, promote and celebrate effective workplace flexibility strategies.

The award selection process is rigorous, involving an evaluation of employers’ programs and practices, and a confidential employee survey. Winning organizations rank in the top 20% of employers nationally in terms of its programs, policies and culture for creating an effective and flexible workplace. What makes this honor so special is that employees have corroborated this, affirming that winning organizations are indeed an effective and flexible workplace.

SHRM and FWI recently revealed the nearly 300 employers who have won the prestigious 2013 Sloan Award. These organizations are model employers that have created effective workplaces that support employees’ need for flexibility while achieving extraordinary business results.

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And the winners are…

The 297 award-winning employers are a diverse group, representing employers of different sizes and industries. Employers range in size from as few as 10 employees to as many as 240,000 employees, and they are found in more than 250 communities nationwide.

Some of the award winning practices include telecommuting, access to unlimited time off, wellness programs, phased retirement, and allowing employees to control their hours.

A complete list of the 2013 Sloan Award winners can be found at www.whenworkworks.org, but here’s a glimpse at two organizations with exemplary workplace flexibility strategies.

Leaders at capSpire, Inc., a consulting and software services company located in Fayetteville, Ark., for example, base their flexibility polices around trust and open communication. Leaders do not require employees to work a 9 to 5 schedule and employees are empowered to adjust their schedules based on their needs.

Employees are also able to take as much time off as they need and are encouraged to stay totally “off the grid” while on vacation.

Leaders at capSpire, Inc. believe employees that find a positive balance in life are more satisfied in their careers.

At Nashville, Tenn., based International Scholarship and Tuition Services, Inc. (ISTS) leaders believe in leadership by example and expect that executive level and managerial employees fit the culture as well. Leaders have found that by maintaining a flexible work environment, employees are more loyal to the company, which results in lower turnover rates and better service for customers.

Becky Sharpe, president and CEO of ISTS said, “ISTS is dedicated to providing our employees a collaborative and supportive workplace that helps them develop skills and maintain a healthy work-life balance,” and “We continue to enhance the culture of our company by adding new employee programs and, as a result, we have experienced a boost in both employee retention and satisfaction.”

By implementing workplace flexibility practices, these Sloan Award winning organizations have demonstrated a commitment to creating productive and healthy work environments for today’s diverse and changing workforce. And that’s a great way to develop your organization’s talent pipeline now and into the future!

Lisa Horn, Co-Director SHRM Workplace Flexibility Initiative Lisa.horn@shrm.org (@SHRMLobbystLisa)

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2013

Memphis Area

Wage Survey

By Jennifer Blake

Thirty companies in the Memphis area, representing a total of more than 30,000 employees, participated in the “2013 Memphis Area Wage Survey.”

Participating companies submitted salary and benefits data in May, and results were published in July.

T

he annual survey, conducted as a partnership between Mid-South Compensation Association and The Centre Group, is open to employers from all industries in the greater Memphis area including northern Mississippi and eastern Arkansas.

The purpose of this survey is to provide employers with benchmarking data related to project best hiring, benefits, and compensation practices.

Jobs Reported

Projected Hiring

Data is reported in the survey for any job for which five or more participants reported data.

A total of 58 jobs were reported in the following categories: • Distribution – 4 • General – 3 • Information Technology - 8 • Manufacturing – 3 • Medical – 1 • Managerial/Supervisory/Professional – 25 • Office/Administrative – 14

The majority of respondents (57%) anticipate their employee headcount to

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remain the same over the next 12 months. However, 36% of participants expect an increase in headcount; the average projected boost in employee headcount among these companies was 6.5%. The increase in Memphis hiring is similar to projections nationally.

The Society for Human Resources Management (SHRM) conducts a monthly survey of employment expectations in the manufacturing and service industries. In SHRM’s “LINE Employment Report for August 2013”, the manufacturing sector reported an average increase in hiring of 9.3% and the service industry, 6.5%.

Merit Increases

Benefits Information

Salary increases, both locally and nationally, have hovered in the range of two to three percent for the past several years. The Memphis market is no exception. Information provided by Memphis employers regarding merit increases demonstrates this consistency. Employers’ actual 2012 merit increases exceeded their projections, which were made during 2011, and projections for 2013 are slightly below the 2012 actual figures.

Survey participants responded to a number of employee benefits questions. Key findings: • Paid Time Off – The majority of companies (66%) still maintain a traditional time off policy.

Newly hired employees are eligible for an average of 10.8 (nonexempt) and 11.8 (exempt) vacation/personal days per year. The average number of holidays recognized is ten days per year. Most employers allow employees to carryover unused vacation/PTO days, on average 18.5 days per year.

• Retirement Plans – All survey participants report the utilization of a 401(k) Plan. Nearly half automatically enroll employees in the Plan and a majority says they match employee contributions.

In the annual report, “WorldatWork 2013-2014 Salary Budget Survey,” WorldatWork reported total salary budget increases at a national level.

• Healthcare – 89% of participants said their companies reported an increase in total healthcare costs over the past year. Employees contribute 21% to 28% of the monthly premium costs, depending upon the level of coverage.

• Benefit Load – Participants were asked to determine their benefit costs as a percent of payroll costs, excluding state and federally mandated benefits. A total of 20 companies responded, and the average benefit load was 25% and the maximum was 36%.

Salary Range Adjustments While not all employers use formal salary ranges, the majority report using them for exempt and nonexempt hourly jobs. Of those companies that utilize formal salary ranges, adjustments to their ranges in 2012 were below the level of reported merit increases; the same is true for projected adjustments to 2013 pay ranges.

To learn more about the “2013 Memphis Area Wage Survey,” contact The Centre Group. Compensation practitioners not currently members of the Mid-South Compensation Association, go to http://www.msca-memphis.org/ to learn more about the networking and educational benefits of this high-quality membership organization.

Jennifer Blake, CCP Consultant at The Centre Group jblake@TheCentreGroup.com www.thecentregroup.com www.HRProfessionalsMagazine.com

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being drained when they have to spend time alone.

The other important finding that came from Carl Jung was that introversion/extroversion are extremes on opposite ends of the scale and most people fall somewhere between the two. In fact he had this to say about the two extremes.

“ There is no such

INTROVERTS: Unleashing the power of the thinkers in your workplace.

By Harvey Deutschendorf

The high cost of overlooking introverts What do Albert Einstein, Bill Gates, Warren Buffet, Mahatma Gandhi, Eleanor Roosevelt, Charles Darwin, J.K. Rowling and Rosa Parks have in common? They are all people who made an impact on their world. They are also introverts.

In today’s corporate boardrooms, they might be completely overlooked and go unnoticed.

In previous centuries our culture valued quiet integrity and introspection. However, in today’s culture the emphasis on personality and striving to be noticed has propelled a certain type of person to be valued. That person speaks fast, loud and a lot. They think while they are speaking. This is the extrovert. The introvert, who articulates their ideas in their mind before speaking, is quiet and reserved, has been pushed to the background. As a result, it is not always the person with the best, most creative ideas that is heard, but the loudest.

Introverts were predicting the housing bubble crash long before it happened. Nobody was listening. The result of this has been a loss of ideas and capabilities of some of the finest thinkers in organizations. That is a huge waste of talent that companies can ill afford to lose.

Of course an organization will work best if it can harness the best of all employees, be they extrovert or introvert.

Understanding introverts and extroverts One of the common misconceptions regarding introverts is that they are shy and extroverts are outgoing. Those traits are only the outward actions and appearances that we observe between the two groups. Carl Jung, who made the terms extravert and introvert popular, claimed that the difference between them was how they gained energy. Introverts gained energy from spending time alone. When around others for too long they find their energy drained. They are not necessarily shy or withdrawn, they just need to get away to recharge themselves. Extroverts, on the other hand gain energy from others and find their energy 32

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thing as a pure introvert or extrovert.

Such a person would be in the lunatic asylum.” …Carl G. Jung Psychologist Hans Eysenck claimed that the different levels of arousal resulted in the difference between introverts and extroverts. He proposed that introverts are aroused quicker and extroverts need more stimulation to be aroused. This explains why introverts can become overstimulated and need to get away and recharge. Finding it harder to become stimulated, extroverts need to work harder by putting themselves in situations with others, creating novelty, adventure and change in their lives.

I am in no way suggesting that organizations, should or need to, totally change to conform to the needs of introverts as they also have a responsibility to adjust to their environment. There are, however, some basic things that can be done to help introverts feel more comfortable, accepted and appreciated in the workplace.

Creating an introvert friendly environment Organizations can deliberately create an environment that is friendly to thoughtful introspection and allows introverts opportunities to make use of their talents and abilities. Everything from how ideas are formulated and implemented can be set up in a way that shows they are valued and makes introverts feel that they are important members of a team.

Open discussion forums, teamwork projects, unstructured meetings and informal company events are activities that lend themselves more to the outgoing gregarious nature of extroverts.

Here are some ideas for manager, supervisors and leaders to make workplaces more introvert friendly:

Remember that it is important for them to be able to think things through and be prepared.

➨ Allocate time for all members to speak and be heard. Limit the time and ask everyone

➨ If you need to reprimand them, do it privately. ➨ When creating ideas for a new project, be clear on

to come to the meeting with prepared items or speaking points. Make it understood that the speaker is not to be interrupted until the end, at which point anyone can ask questions. I remember belonging to a men’s group in which we had a talking stick.

The man holding the stick was the one speaking and if another man wished to speak he asked for the stick. This allowed the man holding the stick to collect his thoughts and not have to worry about the conversation continuing to another topic. This would work well for the introverts in your group.

➨ Ask for written discussion items to be forwarded to the chair prior to the meeting. This not only helps introverts who tend to like to think things through but cuts back on time wasted on chatter and people rambling on and wasting everyone’s time.

➨ Encourage everyone in your organization to become a member of toastmasters where they can develop skills and confidence in public speaking. As well they will develop the ability to speak succinctly and clearly on a topic. This will help introverts feel more comfortable in a group. As an alternative, initiate your own version of toastmasters on the worksite.

➨ Create

opportunities for everyone to take turns leading meetings. This will give everyone, extroverts and introverts an opportunity to experience different leadership styles and interaction, resulting in better understanding of how the other works.

deadlines and that the avenues for communication are open until that deadline. Often introverts process longer and more precisely on the details.

➨ When

asking something of them, give them a chance to mull things over and then ask them to get back to you instead of giving you an instant response.

➨ When part of a team, introverts work best when

they are assigned to work on a specific area rather than brainstorming and working collectively as a group.

➨ When planning team building activities, retreats and staff conferences keep in mind that introverts feel more comfortable and perform better in a small group or individual activities rather than large group events.

➨ Ask for written ideas on new and innovative ways to improve. When giving feedback on an idea, give special attention to careful thought and creativity in an idea, even if unable to use it. It will let introverts who put a lot of attention and thought into ideas know that those attributes are noticed and appreciated.

➨ Give notice of changes and events that will impact them as far in advance as possible.

Harvey Deutschendorf Emotional Intelligence Expert, Speaker, and Author of THE OTHER KIND OF SMART Harvey.eiguy@shaw.ca www.theotherkindofsmart.com

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33

Leadership Integrity

By Judy W. Bell

Relationships, whether familial or professional, are only as good as the foundation upon which they are built. If you study great leaders, one characteristic that remains constant with each leader is integrity. Great leaders are found doing what is right regardless of the circumstances. In researching great leadership qualities, in each study you will find this common set of characteristics for leadership: • Stewardship • Ability to influence others • Self-knowledge • Confidence • Wisdom • Courage • Integrity, Character, and Honesty Providing great leadership is not always easy. Leading with integrity can sometimes be even more difficult. That is why courage and wisdom are consistently included on the leadership inventory list. To quote Theodore Roosevelt, “To educate a man in mind but not in morals is to educate a menace to society.” Certainly we have all seen instances where knowledge and wisdom have become dangerous when the integrity piece is missing.

Integrity Integrity is often defined as a steadfast adherence to a strict moral or ethical code as well as freedom from a corrupting influence or motive.

Researchers submit that many people and corporations are living outside of integrity because our society has become much more outer-directed.

Being inner-directed is important in the realm of integrity because it gives a person the stamina and courage to speak out against the crowd. And in corporate and political America it is usually much easier to “go-along to get-along.” Outer-directed people are afraid to be different because there is often the misguided perception of having “safety in numbers.”

Loss of Trust Perhaps the greatest risk we face when we live as individuals, companies, or a nation operating outside of integrity is the loss of trust. Loss of trust breeds suspicion and cynicism. There is no greater example than in politics today. There are large numbers of people on either side of the political spectrum, and then an even larger number of people within the middle.

These are the people whose voices need to be heard but many times they lack the confidence or conviction to speak their truth.

Integrity comes to us over time. It is not something we are born with but is something that develops out of our experiences and influences over time. With this in mind we can determine to experience living inside of integrity as a journey to be taken.

Think about some of the most ethical people for whom or with whom you have worked. Think about the traits and skills these individuals possess. Determine to make the most of your life by emulating them and also by mentoring others along the way.

Character Remember, character does count! Character is many times used to define a person’s integrity, such as, “she has upstanding character”, or “her character is lacking.” Character is actually a set of behavioral traits that define what type of person we are.

Most of us were told as children that all we can ever really have is our “name” and that we must protect our reputation and integrity at all costs. I think the majority of people still agree with that wise advice.

Ethical decision-making is much larger than the law. Laws are man-made. Being ethical is what you are doing when no one is looking. Before a law is even signed into action, man is already looking for loopholes. Ethics, Integrity and Morality are much larger than the law. These virtues come into play when no one is looking and when there is no chance of being caught. Ask yourself what you are doing when no one is looking.

Reflection…

• Does your behavior mirror your words?

• Do your words mirror your beliefs?

• Are you fragmented within or at peace?

• Do you keep your commitments?

• Do you set high ideals and then determine to live them?

It has been said that when integrity is your referee, your actions and your words will be in agreement.

Judy Bell, PHR, CPBA, CPVA President, Judy Bell Consulting SR HR Business Consultant, HRO Partners judywbell@gmail.com www.judybellconsulting.com

Watch your thoughts, for they become words. Watch your words, for they become actions. Watch your actions, for they become habits. Watch your habits, for they become character. Watch your character, for it becomes your destiny.” ~ Author Unknown 34

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