THE MAGAZINE OF THE INTERNATIONAL PUBLIC MANAGEMENT ASSOCIATION FOR HUMAN RESOURCES

MARCH 2015 HRNEWS

Respectful Work Environments

Workplace Bullying Is On the Rise Also This Month Is Your Organization Really Family-Friendly? How does your organization stack up on employee engagement?

Have the ability to compare yourself to other organizations: IPMA-HR has the capability to survey your individual organization comparing it to the benchmark group on measures of employee engagement.

You will receive: IPMA-HR can issue your organization an extensive, individualized report comparing your organization on key measures of employee engagement, tables on every question and verbatim responses to open-ended questions.

Value: The real value of these reports is that you can compare yourself to other organizations, assess where you need to invest in improvements and make necessary changes to retain your most valued public servants.

)RUPRUHLQIRUPDWLRQJRWRbhttp://ipma-hr.org/resources/surveys/employee-engagement FROM THE EDITOR

n today’s workplaces, whether public or private, collaboration is Advertiser Index Ithe new competitive advantage, and respect, courtesy and communication form the cornerstones of an environment where Company Page everyone can achieve their greatest potential. Employees accomplish more and do their best work when they can be their best selves and Colonial Life ...... 9 feel valued and treated fairly.

Fox Lawson & Associates ...... 13 IPMA-HR believes everybody deserves a respectful workplace. But this does not happen automatically. Strong policies and a culture that foster respect must exist at the top of the organization and be IPMA-HR Certification Program ...... C3 demonstrated throughout all levels. Of course, that is often easier to say than to do. Establishing and maintaining respect in the IPMA-HR Employee Engagement ...... C2 workplace can take time and deliberate effort. 2015 IPMA-HR International Training Conference & Expo ...... 23 A necessary starting point may be answering the question of what constitutes a respectful work environment. Robert Lavigna, IPMA- IPMA-HR Member-Get-A-Member ...... 2 CP, provides some tips on doing this in a very insightful piece on how establishing respect within a workplace is directly linked to employees’ sense of engagement. Also in this March issue of HR IPMA-HR Membership ...... 4 News labor management expert M. Scott Milinski offers step-by-by guidance on doing just that. IPMA-HR Test Products & Services ...... 28, C4 The flipside of respect, bullying, draws the attention of legal experts NEOGOV ...... 14, 15 David Ritter and Kelly , who highlight recent labor law court rulings in this area, and of contributing writer Amanda Cuda, who shares information on what some government agencies are doing to minimize workplace bullying. HR professionals looking for guidance on developing specific policies that demonstrate how employers respect employees will find it in the examination of what makes an organization family-friendly from diversity expert and trainer Mauricio Velasquez. You’ll find all this, as well as IPMA-HR Research Manager Melisa Paluch’s summary of the latest findings from the association’s 2015 Employment Outlook Survey and much more, inside. We hope you enjoy it all! —N

Jenny Chang

WWW.IPMA-HR.ORG MARCH 2015 | 1 | A StrongStrong Public SSectorector NNeedseeds SolidSolid Public SSectorector HR Professionals.Profofessionalsessionals. GrowGrow YYourour NNetwork.etwork.

IPMA-HR Member-Get-A-MemberMember-Get-A-MemberGet-A-Member CCampaignampaign EveryEvery yyearearear human rresourceesource prprofessionalsofessionals facfacee manmanyy grgreateat opporopportunities,tunities, as wwellellell as challenges wworkingorking in the publicpublic secsector.toror.. WWithithith changes in gogovernmentvernment prprettyetty much a cconstant,onstant, the need ttoo be multi-skmulti-skilled,illed, strstrategicategic and networkednetworked is a necnecessity.essitessity. BBeingeing a member of IPMIPMA-HRAA-HR-HR prprovidesovides yyouou with a unique opporopportunitytunittunity ttoo be parpartt of a niche communitycommunity of public secsectortor HR prprofessionals,ofessionals, but in ororderder for this netnetworkwork ttoo thrivthrive,e, wwee need yyourour help ttoo grgrow.ow.

RecruitRecruit youryour colleaguescolleagues forfor IPMA-HRIPMA-HR membership and rreceiverececeive $25 giftgift ccardard forforor each neneww member yyouou rrecruit.ecruit. NewNew member rreceivesececeiveeivives $20 off membershipmembership.. YYourourour ChaptChapter’ser’’ss name will also be added ttoo a $200 gifgiftt raffleraffle..

IIPMA-HRPMA-HR Member-Member-Get-A-MemberGet-A-MemberGet-A-Member CCampaignampaign runs thrthroughough MMarcharch 31, 2015.

Questions? VVisitisit the MemberMember--Get-A-Member in- 11617617 DDukeuke SStreet,treet, AleAlexandria,xandria, VVAA 22314 fformaormation wwebpageebpage at http://ipma-hr.org/mgmhttp://ipma-hr://ipma-hr.or.or.org/mgmg/mgm PPhone:hone: (703) 549-7100 , FFax:ax: (703) 684-0948 or ccontacontact us at membership@[email protected]@ipma-hr.or.or.orgg. mmembership@[email protected],[email protected], wwww.ipma-hr.orgww.ipma-hr.ipma-hr.or.org TABLE OF CONTENTS MARCH 2015 | VOLUME 81 NO 3

FEATURES

Respect in the Workplace: Workplace Bullying A Key Driver of Employee 6 Is On the Rise 12 Engagement

How to Prevent Workplace 2015 Looks a Lot Like Bullying From Becoming 2014 for Public Sector 8 Lawsuits 16 Employment

Is Your Organization Respect in the Workplace: 10 Really Family-Friendly? 18 Are We Asking too Much?

1 From the Editor COLUMNS 20 LABOR RELATIONS 25 Time to Renew Your Certification If You Were Certified in 2003, 2006, 2009 or 2012 DEPARTMENTS 28 Major City/County Meeting Held in Houston 24 RECRUITER SERVICE 26 MEMBERSHIP MATTERS 28 CALENDAR 28 PRODUCTS AND SERVICES

WWW.IPMA-HR.ORG MARCH 2015 | 3 | Collaboration Connection Commitment

IPMA-HR: Delivering Powerful Resources and Relationships for Public-Sector HR Professionals

The leading public sector human resources organization representing the interests of human resource professionals at all levels.

Industry Tools and Resources Professional Development s 0UBLICATIONS s#ERTIlCATION 0ROGRAM s 2ESEARCH s4RAINING 0ROGRAMS AND 7EBINARS s(2 2ESOURCES s)0-! (2 )NTERNATIONAL 4RAINING #ONFERENCE %XPO Government Affairs Updates s0UBLIC 3ECTOR (2 %SSENTIALS Online Membership Directory #ERTIlCATE0ROGRAM n New

Assessment Products and Services Networking

Contact us:   sIPMA   s IPMA IIPMA HRORGPMA HRORG WWWWIPMA HRORGWWIPMA HRORG IN TOUCH WITH IPMA-HR

1617 Duke Street Alexandria, VA 22314 phone: (703) 549-7100 fax: (703) 684-0948 HR www.ipma-hr.org EWS Editor, JenNny Chang Call (703) 549-7100 and ask for the following departments for questions regarding Graphics, Alison Dixon/ImagePrep Studio HR Research IPMA-HR offers free research, sample policies, articles IPMA-HR Executive Director, Neil Reichenberg and more to members. Included in the member-only area of the website are sample policies on more than 60 topics, including use of social networking, HR News is published monthly by the International Public Management FMLA and many more. Contact the research department for the latest Association for Human Resources, 1617 Duke Street, Alexandria, Virginia 22314; surveys, innovations and trends by email at [email protected] . (703) 549-7100. Copyright ©2015. The March issue is volume eighty one, IPMA-HR Assessment Services Call (800) 381-TEST (8378) for number three of the monthly magazine of IPMA-HR. all test- and test product-related questions, test ordering and shipping, Article contributions are welcome and range from 500-2,000 words. HR News technical test development and validation questions; all others call reserves the right to refuse and/or edit manuscripts submitted for publication. (703) 549-7100 or email [email protected] . Article contributions are encouraged via e-mail. For further information, email Government Affairs For information on legislation or court decisions, [email protected] or phone (703) 549-7100, ext. 243 email [email protected] . Send notices of changes in employment, special awards or honors, Membership For membership, changes in name or address, chapter- or other member news of interest to [email protected] , along with color related information and all dues or invoice inquiries, email photographs, if applicable. [email protected] . Change of address notices should be sent to the IPMA-HR Membership Meetings For registration and information about conferences and Department at [email protected] . seminars, email [email protected] . IPMA-HR mailing labels are available at a base rate of $105 per 1,000 names, or Publications To place an order for publications, find pricing information, at a fraction thereof for one time rental (no retention or reproduction is allowed in find out about shipping options, verify nonmember subscriptions, obtain any form). Key coding and selection sorts are available at additional cost. For reprint permission, get guidelines for submissions to Public Personnel further information, please go to www.GreatLists.com , or contact GreatLists.com Management or ask advertising-related questions, email by mail at 21351 Gentry Dr., Suite 135, Dulles, VA 20166, by phone at [email protected] . (703) 821-8130, by fax at (703) 821-8243, or by e-mail at [email protected] . Web For all questions relating to the website, email [email protected] . IPMA-HR Membership Information Join IPMA-HR today and receive HR News for free as part of your membership. Join online at www.ipma-hr.org or contact the Membership Department at IPMA-HR Staff Telephone Extensions [email protected] or (703) 549-7100 . and Email Advertising Information HR News accepts display advertising. For complete advertising information, please Neil E. Reichenberg, Executive Director, ext. 251, [email protected] phone (800) 788-7077, or email [email protected] . Steve Bloom, Web Developer, ext. 241 , [email protected] IPMA-HR is a nonprofit, membership organization dedicated to providing Irina Bowyer, Director of Membership , ext. 249, [email protected] resources and advocacy for public human resource professionals at all levels. Jenny Chang, Director of Communications , ext. 243, [email protected] Comprised of four U.S. regions and more than 50 chapters, IPMA-HR represents Sima Hassassian, Deputy Executive Director ext. 254, [email protected] individuals and agencies in local, state and federal levels of government Jacob Jackovich , Assessment Services Coordinator, ext. 258, [email protected] worldwide. IPMA-HR provides a focus and forum for the discussion and exchange of views and best practices among public sector human resource professionals Lynette Martin, Administrative Assistant, ext. 200, [email protected] throughout the United States and abroad. Melissa Paluch, Research Manager, ext 244, [email protected] Andrey Pankov, Assessment Manager, ext. 252, [email protected] Bob Sewell , Mailroom Manager , ext. 240, [email protected] Joanne Sisson, Accounting Manager, ext. 257, [email protected] Jackie Snyder , Professional Development Manager, ext. 242 , [email protected] Linda Sun, Director of China Programs, [email protected] Robert Svihla, Assessment Services Fulfillment Manager, ext. 256, [email protected] Coming up in the April issue of Debbie Tankersely-Snook, Special Assistant, ext. 250, [email protected] HR EWS Gabrielle Voorhees, Controller, [email protected] N

Suggestions or comments? Please email us at [email protected]. Healthcare and Wellness

WWW.IPMA-HR.ORG MARCH 2015 | 5 | n respectful work environments n respectful work environments n

Workplace Bullying Is On the Rise

By Amanda Cuda

sk a public sector human resource professional if they think agreed, saying, “You absolutely cannot create a hostile work envi - workplace bullying is a problem and chances are many will ronment,” she said. Asay yes. Getting them to specify what constitutes workplace bullying and how to stop it, however, is a little trickier. Recognize the Prevalence of Bullying “It’s tough to pin it down,” said Alex Souto, IPMA-CP, HR manager for the City of Bell Gardens, Calif. “It’s one of those According to the Workplace Bullying Institute (WBI), threaten - things that’s hard to define, but you know it when you see it.” ing, humiliating, sabotaging or verbally abusing co-workers count as bullying. Rose Amberson, IPMA-CP, HR director for North Miami Beach, Fla., concurred, saying that bullying can encompass behaviors that The Bellingham, Wash.-based organization dedicated to eradicat - range from rudeness to assault. ing such forms of harassment reported in 2014 that 27 percent of 1,000 American workers surveyed said they were currently being Despite having a tough time saying exactly what bullying is, bullied at work or had experienced such conduct in the past. Amberson, Souto and others believe such disturbing and, some - Among all respondents to the 2014 WBI U.S. Workplace Bullying times illegal, actions need to be addressed quickly and decisively, Survey, 72 percent indicated they were aware of bullying on the possibly within the framework of anti-workplace bullying legisla - job. The institute further extrapolated from survey responses that tion. California has such a law that took effect in January. It 37 million people were victims of workplace bullying, and that requires all employers in the state with 50 or more workers to add another 30 million Americans witnessed workplace bullying. material about workplace bullying to their state-mandated sexual harassment training. Similar legislation has been considered in For his part, Souto recalled receiving legitimate and questionable Florida. complaints of workplace bullying. “I’ve had employees come to me when a supervisor follows up with them or assigns work to them, Both Souto and Amberson said preventing cruelty and intimida - and they perceive that as bullying,” he said. Though all complaints tion is not just a safety issue, but essential to ensuring employee are taken seriously, he said most of those kinds of instances do not health and promoting efficiency. turn out to actually be cases of abuse. “In order for us to provide outstanding service to the public, we need to make sure our employees are treating each other with respect,” Amberson said. Bullying Needs to Be Defined This is especially important in the wake of concerns about office The problem, Souto said, is that there does not seem to be a clear, and school violence. Though neither has been a problem in Bell official definition of bullying that is accepted by most U.S. employ - Gardens, Souto said such incidents elsewhere highlight the impor - ers and employees. Other countries have moved closer to setting tance of taking a strong stance against abusive behavior. Amberson strict, enforceable standards for workplace behavior. In fact, the

| 6 | MARCH 2015 HR NEWS MAGAZINE n respectful work environments n respectful work environments n

United States is one of the few Western countries that does not learned at www.healthyworkplacebill.org . Though no other states have a national law that defines and prohibits bullying. Sweden, for have yet followed Tennessee’s lead, some have made progress example, enacted an anti-bullying law in 1994. England began against bullying at work. adopting such laws in 1997. Canada, France and Ireland also have Larger employers in California must now provide each worker such policies in place. with at least two hours of training on avoiding and reporting U.S. federal laws that shield employees from discrimination based sexual harassment every two year. The law mandating this does not on race, religion, gender and other characteristics do not explicitly include the word bullying, but it does state that information on cover bullying. This means, among other things, that a white man “abusive conduct” must be presented. Here is the exact legislative being physically intimidated by another white man may not have language defining abusive conduct by an employer or employee: clear legal protections. States have increasingly taken action in this conduct … with malice, that a reasonable person would find area by debating and enacting revisions to key employment laws. hostile, offensive, and unrelated to an employer’s legitimate Those actions include: business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory n Defining what constitutes an abusive work environment. remarks, insults, and epithets, verbal or physical conduct that n Providing avenues for legal redress for harms suffered due to a a reasonable person would find threatening, intimidating, or co-worker’s cruelty. humiliating, or the gratuitous sabotage or undermining of a n Plugging gaps in protected class language. person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious. n Empowering employers to terminate or sanction offenders for bullying. n Allowing victims to sue bullies as individuals and permitting Strategies City Governments Use to claims for restoration of wages and benefits lost to bullying. Discourage Bullying n Compelling employers to act to act in order to prevent and Souto said that while it remains unclear what form the now- correct bullying. required anti-harassment training will take, public and private organizations in Bell Gardens are taking the topic of bullying n Limiting employer’s liability when they fully comply with all seriously. relevant safe workplace laws. “We’re in the process of trying to develop some sort of policies to Tennessee in June 2014 became the first state to pass a comprehen - address that,” he said. sive Healthy Workplace Act that meets standards established by the Healthy Workplace Campaign, about which more can be CONTINUED ON PAGE 27

WWW.IPMA-HR.ORG MARCH 2015 | 7 | n respectful work environments n respectful work environments n How to Prevent Workplace Bullying From Becoming Lawsuits

By Kelly Petrocelli and David B. Ritter

ou cannot scan a news site without spotting an article about bullying involving teens or young adults. With increased Yfrequency, however, bullying has become a problem in the workplace, so much so that California recently passed a law mandating that employers provide training and education to supervisors on preventing “abusive conduct” in the workplace. This came against the background of a national campaign by advocates to prevent bullying in the workplace by passing legislation making such conduct illegal under state law. The Healthy Workplace Bill ( www.healthyworkplacebill.org ) has been introduced in more than 20 states. While no legislatures have made bullying that does not rise to the level of violence or harassment as defined under other statutes illegal, the passage of a mandate for antibullying training and education in California suggests stronger measures may be coming. Right now, though, why should employers care about workplace bullying? A survey of nearly 2,300 U.S. employees conducted by leadership consultants with VitalSmarts revealed that 96 percent of people experienced some form of bullying on the job. Often, the problematic behaviors had gone unchecked for years. If that research accurately reflects reality, then employees in your organization are almost definitely getting bullied. When employees experience bullying, especially over months and years, productivity will suffer as morale declines, victims use more sick days or take other unplanned absences, and turnover increases—all of which can negatively impact the organization’s bottom line and make interactions in many work settings. Blogs, Twitter and similar forms of meeting long-term business objectives difficult. In other words, social media can be used to bully co-workers or subordinates in ways bullying costs organizations money even before any legal fees incurred that differ from personal confrontations. by defending lawsuits brought by bullied employees get accounted. While state laws do not explicitly provide protections against bullying In general, bullying behaviors include intimidation, making threats, in the workplace, employees may bring claims for harassment if they yelling or using offensive language toward an individual, and can also can tie bad conduct to a protected characteristic. include sabotaging another employee’s work or his or her reputation. Such intentional conduct may not look much different from illegal So what constitutes bullying? Answering that question is necessary harassment based on a person’s age, gender, disability or other because certain behaviors mean different things to different people. characteristic. Indeed, and quite often, employees may not understand Moreover, email and instant messaging have replaced face-to-face important legal distinctions.

| 8 | MARCH 2015 HR NEWS MAGAZINE n respectful work environments n

California lawmakers worked to clear up confusion by designating a separate category of abusive conduct, which they defined in a law most commonly referred to as AB 2052, as “repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.” Now that you know how to recognize bullying and how it can impact your business, what are some key steps you can take to address bullying in the workplace? First, make certain personnel policies define and prohibit bullying. Put procedures in place that allow employees to raise concerns about bullying behaviors to management, and enable neutral parties to investigate such complaints. Second, train human resources personnel and managers to spot bullying behaviors and to respond when a complaint is made. Managers often know what to do when an employee comes to them REASONS WHY alleging harassment or discrimination but may not know how to BENEFIT ADMINISTRATORS address complaints about other types of conduct. Without training, IN GOVERNMENT CHOOSE would they even recognize potential bullying as something they should COLONIAL LIFE address? Make sure managers do not dismiss seemingly minor 6 complaints out of hand or respond only by telling possible bullying victims to “toughen up and take it.” Whether a complaint actually market expertise We work with 5,000 local governments, 34 state governments and 2,700 educational agencies. So we sounds like discrimination or harassment or not, it should be know the hurdles you face … and how to help you clear them. investigated and addressed. dedicated service We have teams who work exclusively with Third, consider providing some training to employees on bullying as government accounts. So we speak your language. part of any harassment training already being done. Doing this may be bene ts that help manage costs We have plans with no as simple as including a short session on common courtesies and direct cost to you. A dream-come-true in the public sector. etiquette to observe when interacting with colleagues in person and Or any sector. communicating electronically. The rules everyone learned in new ways to save money And lots of them … like reduced kindergarten often get forgotten in the modern workplace as enrollment costs, dependent veri cation, increased employee participation and tax savings. employees try to meet increasing demands with increased efficiency. personalized bene ts counseling We meet 1-to-1 to help Fourth, consider taking a broader look at the management team to everybody get the bene ts that are best for them. Which is also determine if additional training is needed. Have any departments or best for you. teams experienced a lot of turnover? If so, do possible causes include good hard work We believe in the bene ts of good hard management style? Employees subjected to bullying may not always work. Just like you. complain; instead, they may just leave in order to get out of a bad situation. In the end, whether state governments eventually pass legislation that prohibits bullying in the workplace, every organization will be best served by preventing and addressing abusive conduct. Your employees will thank you.

DISABILITY Q ACCIDENT Q LIFE Q CRITICAL ILLNESS Q CANCER ColonialLife.com Kelly Petrocelli is a labor and employment associate and David B. Ritter is a partner with Barnes & Thornburg LLP. Kelly can be reached at [email protected] and David can be reached at © 2014 Colonial Life & Accident Insurance Company | Colonial Life insurance products are [email protected] . — underwritten by Colonial Life & Accident Insurance Company, for which Colonial Life is the N marketing brand. | NS-1359

WWW.IPMA-HR.ORG MARCH 2015 | 9 | n respectful work environments n respectful work environments n

Is Your Organization Really Family-Friendly?

By Mauricio Velásquez, MBA

| 10 | MARCH 2015 HR NEWS MAGAZINE n respectful work environments n respectful work environments n

s the economy continues to improve, employees will gain n Are divorce rate rates higher among mid-level and upper bargaining power in the labor market as employers must managers? Acompete harder for workers. You have no doubt heard all n Are you conducting retention interviews? the buzz words about “winning the war for talent” and “being an employer of choice.” As part of this, Diversity Training Group n Are you polling your employees before they leave? consultants and trainers are being asked by clients to help them n Are you conducting exit interviews? become more family-friendly. n Are you conducting post-exit interviews? Family Matters n Do you see trends? Now ask whether your organization offers these benefits to employees: A typical request sounds like, “A lot of relatively new supervisory and management talent and key individual talent are leaving our n Onsite or nearby daycare or daycare subsidies organization. We are losing our bench just when we want to grow. n Onsite lactation facilities Help us find out why retention is increasingly an issue for us.” Post- exit interviews with individuals who have already left an organization n Maternity and paternity leave invariably reveal that people with new jobs left because their former n Mommy track and daddy track career paths employer was not family-friendly. Interviewees, especially those with young children, say they felt pressured to put work ahead of their n Adoption support personal lives. While they had no problems working 70-hour weeks, n Flexible work schedules entertaining clients after business hours and living “La Vida Loca” when they were single, growing family responsibilities made achieving n Telework work-life balance not just attractive, but necessary. n Support and coaching for managers who are uncomfortable with flexible work schedule and telework Singles’ Needs Cannot Be Left Alone n Elder care support for the sandwich generation—Gen X and millennial employees taking care of their aging parents in addition On the other side of the equation, we have all heard stories about to children of their own. single and childless employees being asked repeatedly to pick up the slack and hold down the fort during Thanksgiving, Christmas and Any employer offering that last benefit is way out in front in terms of other holidays, so co-workers with family responsibilities can stay having a family-friendly workplace. home. Of course, single employees have parents and siblings of their The answers to these questions will establish where your organization own they probably want to spend time with. Respecting and stands as a lifestyle firm that allows employees to balance work and accommodating that can matter a lot to employees. home responsibilities.

Recognize What It Takes to Walk the Talk Facilitate Work-Life Balance Be open to the possibility that work and life are never in balance, but I love when an employer says it wants to be family-friendly, but does they can be integrated more effectively. People get married and start not live up to the expectation. It is on the website and in the annual new families. They form new serious relationships or decide to adopt a reports as a core value, but leaders do not really mean it and are not child. Priorities change when lifestyles do. How are you as an really doing things differently. Actions and policies speak louder than employer at gauging whether this is happening in your workplace? Do words, and the newest generation entering the workplace sees right you anticipate and plan for changes in employees’ lives? Or do you through any ruse. intend to keep managing your people the same way you always have? So, have you heard that employees with your organization always To implement needed changes, form a cross-functional, feel like they have to put their jobs first? Before you can call yourself organizationwide, top-to-bottom and side-to-side team to study “a lifestyle firm,” complete this checklist: family-friendly issues and policies and to make recommendations. Also collect information on what comparable organizations do to n Does everyone experience the organization the same way? identify and adapt best practices. n Are there age and diversity issues? Are you addressing those issues through assessment, training and modifying inflexible policies? n Who is leaving your organization? Mauricio Velásquez, MBA, is president and CEO of The Diversity n Who is staying? Training Group, LLC, in Herndon, Va. He can be reached at (703) 478-9191 or [email protected] . —N

WWW.IPMA-HR.ORG MARCH 2015 | 11 | n respectful work environments n respectful work environments n Respect in the Workplace: A Key Driver of Employee Engagement By Robert Lavigna, IPMA-CP

ach year, Universum, an employer branding and research company, surveys about 46,000 students in U.S. colleges and Euniversities. In its survey, Universum asks the students to select the characteristics that are most important to them in a potential employer, as these students look forward to entering the world of work. Among the more than 40 employer characteristics Universum lists, students in 2014 ranked “respect for its people” number one. Other job characteristics such as high future earnings that are often cited as important to millennials were ranked much lower. Public sector organizations seeking to attract, hire and retain young talent should heed the Universum results. And public sector agencies should be thinking about how to attract young talent, given the demographics of their workforces. On average, government workers at all levels are significantly older than private sector workers. As the baby boomer retirement rate accelerates, government agencies could find themselves needing to fill huge and growing talent gaps. Many government organizations already struggle to attract and keep Others in the audience cited instances where their supervisors young talent. For example, new hires in the federal government were routinely failed to share information with them, issued directives almost 40-years of age, on average, according to the latest data without any explanation, ignored or did not even seek their opinions, available from the Partnership for Public Service. Moreover, according assigned them menial tasks, and refused to allow them to telework to a Washington Post article, “Millennials Exit the Federal Workforce occasionally out of the fear that employees are not really working As Government Jobs Lose Their Allure,” millennials are leaving the unless they are sitting at their desks. There was a palpable sense of federal government in droves. So even when federal agencies succeed frustration throughout the room. And these are our best and brightest. in hiring talented young people, they can’t seem to keep them. But the I have written and spoken at length about employee engagement, challenge is not limited to just the federal government. including in my 2013 book Engaging Government Employees. One I recently spoke to participants in a high-profile leadership of the points I regularly emphasize is that there is no one-size-fits-all development program launched by my state’s governor to develop and solution to improving engagement. More than 85,000 government place young talent in leadership positons. My topic was employee agencies and jurisdictions across the United States employ more than engagement, and many of the questions and issues the talented young 18 million people. I do not believe there is a single action, or even set people raised during the session were about respecting them, giving of actions, that will automatically improve engagement across such a them a voice and allowing them to work in ways they are accustomed wide range of agencies and jurisdictions, each of which has its own to but are often frowned on by their bosses. To give just one minor unique mission, strategy, political climate, financial situation, example, a young man described an instance where his baby boomer workforce, etc. supervisor noticed that he was typing on his computer during a However, research into what drives engagement consistently reveals meeting. The supervisor told him to stop working on his email. The that respect in the workplace matters. For example, the engagement young man replied that he was not doing email; he was taking meeting survey developed by the U.S. Merit Systems Protection Board includes notes on his iPad. Apparently this satisfied his supervisor but the following statements for respondents to rank: frustrated the employee, who was disappointed that his boss would automatically assume he was not paying attention. n I am treated with respect at work. A minor incident to be sure, but symptomatic of larger issues. n My opinions count at work.

| 12 | MARCH 2015 HR NEWS MAGAZINE n respectful work environments n respectful work environments n

n A spirit of cooperation and teamwork exists in my work unit. I believe the greatest challenges public sector organizations face today are attracting, engaging, developing and retaining talent. Succeeding Myriad other engagement surveys used around the world include in meeting those challenges depends largely on whether agencies and similar items. For example, the international Gallup Q12 Employee jurisdictions have the right people with the right skills in the right Engagement Survey, completed by more than 25 million people, places at the right times. While no silver bullet exists to ensure an includes these respect-related questions: organization can do those things, creating a culture of respect for n At work, my opinions seem to count. employees can be a powerful way to attract and retain talent and, thereby, improve individual and organizational performance. n My supervisor, or someone at work, seems to care about me as a person. In short, creating a culture of respect in the workplace can encourage higher levels of employee engagement. Robert “Bob” Lavigna, IPMA-CP, is assistant vice chancellor of human resources for the University of Wisconsin. He has also previously Respecting employees as individuals is also integral to creating an worked with Partnership for Public Service, CPS HR Services, and inclusive workplace. Doing this means allowing people to be who they was an administrator of merit recruitment and selection for the State are and not requiring them to check their personalities at the office of Wisconsin. Lavigna also served as past president of IPMA-HR and door. Managers and executives often talk about diversifying is the author of “Engaging Government Employees: Motivate and workforces as a critically important goal -- and it is -- but Inspire Your People to Achieve Superior Performance” published by inclusiveness also matters. Achieving diversity does not automatically the American Management Association. He can be reached at equal inclusion, especially when respect does not exist. [email protected] . —N

Solutions for people who pay people.

Job Classification Compensation Performance Pay Salary Surveys 1335 County Road D Circle East St. Paul, MN 55109-5260 Phone: (651) 635-0976 Fax: (651) 635-0980 P.O. Box 32985 • Phoenix, AZ 85064-2985 Phone: (602) 840-1070 Fax: (602) 840-1071 www.foxlawson.com

WWW.IPMA-HR.ORG MARCH 2015 | 13 |

n respectful work environments n respectful work environments n 2015 Looks a Lot Like 2014 for Public Sector Employment

By Melissa Paluch

ith federal numbers for the first two months of 2015 Percent of Public Sector Organizations showing more jobs and declining unemployment Hiring for New Positions Wthroughout all sectors of the U.S. economy, it bears 80% looking at whether this seeming prosperity reaches into the public 70% sector. To investigate this, IPMA-HR conducted its Eleventh 60% Annual Employment Outlook Survey . More responses (n = 1,058) 50% were received than in any previous year, and the greatest proportion 40% Yes of response (76 percent) came from members of local governments. 30% 20% The survey addressed, head-on, the likelihood of IPMA-HR 10% members’ organizations hiring for newly created full- or part-time 0% positions during 2015. Two-thirds (66 percent) of respondents said 2007 2008 2009 2010 2011 2012 2013 2014 2015 that their organizations will do so, which remains in line with responses for 2014, when 66 percent of organizations were expected to hire people for newly created positions. Both rates represent marked improvements over prior years following the Great Recession, Thinking about fiscal year 2015, just over half (58 percent) of especially 2010, when hiring for newly created positions was at its respondents said they expected newly created positions to represent lowest point of 45 percent. less than 1 percent of their organization’s current workforce. Newly

| 16 | MARCH 2015 HR NEWS MAGAZINE n respectful work environments n respectful work environments n 2015 Looks a Lot Like 2014 for Public Sector Employment

created positions are most likely to be found in a public safety department (36 percent). Growth in that area has been typical over the years IPMA-HR has conducted this study. Employee pay increases are as likely to occur in 2015 (77 percent) as was predicted by IPMA-HR members in 2014 (77 percent). For 2015, nearly 9 out of 10 (89 percent) respondents reported that their organizations have vacant positions. Still, about 7 of 10 (65 percent) said vacant open positions represent between less than 1 percent and up to 2 percent of their organization’s workforce. Also this year, just more than 4 out of 10 of respondents (41 percent) indicated that positions will be left open purposely for budget reasons. Similar percentages of public sector organizations were predicted to intentionally leave jobs unfilled in 2014 (36 percent) and 2013 (43 percent). While new positions will be created in 2015, 16 percent of survey respondents reported anticipating layoffs at their organizations. Somewhat encouragingly, two-thirds (68 percent) believe any layoffs will be minimal, impacting less than 1 percent of the workforce. The percentage of public sector organizations’ anticipating layoffs in 2015 equates to half of those who did so at the depths of the last recession in 2009 (30 percent) and the beginning of the protracted economic recovery 2010 (32 percent). Among 2015 respondents anticipating layoffs this year, the greatest proportion (29 percent) said they remain unclear about which departments will see job cuts. In order to keep this study comprehensive and reflective of current concerns, IPMA-HR added two new questions for 2015. One asked about anticipated retirements, and the other addressed whether organizations had reduced part-time staff hours due to the Affordable Care Act. According to respondents, 36 percent of organizations could lose between 1 percent and 2 percent of staff to retirement. Twenty- nine percent reported their organizations reduced employees’ hours to meet the requirements of the federal health care law.

Melissa Paluch is IPMA-HR’s market research manager. For more details about the Eleventh Annual Employment Outlook Survey, please contact her at [email protected] . —N

WWW.IPMA-HR.ORG MARCH 2015 | 17 | n respectful work environments n respectful work environments n RESPECT IN THE WORKPLACE: Are We Asking too Much? By M. Scott Milinski

very day, the news brings numerous examples of lack of interactions and putting down the phone, and starting and ending respect and civility—shouting, profanity, disparaging meetings on time. A list of behavioral expectations need not be Eremarks, aggression. That said, all is not lost. In fact, during exhaustive, but it should be well thought-out and comprehensive. my 30 years in labor relations, I can say that as a result of federal mandates, generational change and rapid societal progress, the Follow the Rules prevailing culture has become more tolerant in many ways. Tolerance, however, does not always equal respect and civility. Concentrate first on implementing workplace behavior ground rules during team meetings. Post the rules for everyone to see and discuss Labor relations in the public sector can bring out some of the most them at the start of a meeting. Assigning someone to serve as a toxic, disrespectful behaviors. As both a management advocate and facilitator can help people learn and follow the rules. The facilitator’s labor arbitrator, I have experienced innumerable situations where jobs are to politely and constructively point out whenever a team people gave into their emotions and acted disrespectfully toward each member violates a rule and, then, direct the person’s behavior back to other. What is worse, such antagonism appears to have become the desired course in a nonthreatening manner. For example, the entrenched in the way employers and employees do business. facilitator may need to remind the group that everyone agreed not to Through my work with the Ford Foundation and Harvard and interrupt others when they are talking. The ultimate goal is to make Cornell universities, however, I have learned how to make even the everyone feel free to invoke the ground rules when someone gets off most contentious relationships more respectful and productive. This track. Remember: it takes time to effect real changes in behavior, and article allows me to share a few practical suggestions for promoting a people learn by practicing. more respectful workplace. Each suggestion is applicable to a work team, department and entire organization. As you read, take some Apply the Rules to Everyone time to think about what you are trying to accomplish and how implementing the steps can move you toward your goals. As representatives of the organization, managers and supervisors must be especially mindful of the ground rules when communicating with Include All Stakeholders in the subordinates. This is why first implementing workplace behavior rules during team meetings makes the most sense. Following the rules Rule-Setting Process outside a boardroom may be more problematic. Joking and trading Forming a steering group of individuals representing various work derogatory comments have been the norm in the office and on the levels may offer the best approach to developing your vision and shop floor for years. Correcting such workplace situations will take setting goals. For example, the group may conclude that in a respectful effort and time. That said, I have seen some pretty gruff characters work environment, each employee has value and deserves to be treated become very supportive of workplace behavior ground rules and with consideration and deference. develop into effective facilitators for change.

Establish Rules for Behavior Learn to Listen Actively Without a clear understanding of what is expected, it is difficult for Listening actively means being engaged in a conversation. When many to see, and then act on, the behavior that needs to be changed. someone else is talking, many people think only about what they are Specific ground rules for expected behavior are necessary. Some may going to say next. This is not active listening because it discounts the not like the term “ground rules,” so feel free to develop your own term. speaker’s presence and ideas. Good listeners suppress their inclination But proceed with the understanding that developing clear expectations to offer solutions to another’s problem, but they also work to prevent a for workplace behavior involves sitting down with a group of people speaker from droning on and on. Avoiding useless interruptions, while and asking, “How would you like to be treated when working with ensuring each individual has a voice without monopolizing the others.” conversation proves the value of active listening. Conversations and meeting move quickly and in productive directions, illustrating how a It is that simple. Almost always, the group comes up with commonly “stay focused” ground rule is more than helpful. Some will need more held expectations for showing courtesy, listening without interrupting, time than others to change their old habits and learn to listen actively, criticizing ideas not people, being honest, staying focused on personal so be patient and bring individuals into compliance gently.

| 18 | MARCH 2015 HR NEWS MAGAZINE n respectful work environments n respectful work environments n

Do Not Personalize Situations Respect in the workplace is such a timely and important issue. I hope my suggestions will get you started on a meaningful discussion about By practicing the ground rules for workplace behavior, managers, what you can do in your own office or shop. supervisors and workers learn to criticize ideas and actions rather than each other as people. In particular, using “I” more than “you” when raising objections helps with this. It permits co-workers to respectfully disagree rather than portraying or perceiving disagreements as personal indictments. Invariably, though, one person’s constructive M. Scott Milinski is a labor arbitrator and a nationally recognized comment gets interpreted as a personal attack. An effective counter to speaker on labor management relations with offices in Florida and this I witnessed during one meeting involved someone passing out Q- Ohio. He is past president of the National Public Employer Labor tips while reminding everyone to “Quit Taking It Personally.” People Relations Association and the Florida Public Employer Labor laughed, but it served as a useful, simple reminder that criticism of an Relations Association. Milinski can be contacted at idea is not necessarily a personal attack. [email protected] . —N

WWW.IPMA-HR.ORG MARCH 2015 | 19 | LABOR RELATIONS

By David B. Ritter, Partner & Kaitlyn N. Jakubowski, Associate Barnes & Thornburg LLP

comparator, and the plaintiff could not N.D. Alabama establish race discrimination based on M.D. Tennessee Finds a Similar a comparison of the defendant’s treat - Finds Failure to ment of each individual. Comparator and Notwithstanding that determination, the Accommodate Claim Employer’s ‘Quick court also ruled that the African Timely in Light of American plaintiff presented “sufficient Trigger Finger’ circumstantial evidence from which a Series of Requests Supports Race jury could infer a discriminatory animus by the company.” In reaching this deci - for Accommodation Discrimination sion, the court cited the disparate treat - The U.S. District Court for the Middle ment of the plaintiff and his former District of Tennessee found that an Claim co-worker. As the court wrote, while the employee’s failure to accommodate The U.S. District Court for the Northern disparity in treatment “was not suffi - claim was not time-barred because she District of Alabama found in favor of an cient to establish a prima facie case of could make an argument for submitting employee who alleged that race discrim - discrimination based on comparator a series of requests for a reasonable ination in violation of Title VII of the Civil evidence, [it] does serve as circumstan - accommodation ( Cockrill v. Rights Act of 1964 was the basis for the tial evidence of discriminatory animus Metropolitan Nashville Board of termination of his employment ( Perry v. that is part of a larger patchwork of Education et al. , No. 3:13-CV-0587, Supreme Beverage Company, Inc., No. evidence of racial discrimination.” Jan. 9, 2015). 2:11-CV-00060-MHH, Jan. 9. 2015). Evidence for this beyond the co-worker The plaintiff worked for the primary The defendant terminated the plaintiff receiving second chances following the defendant as a special education after the plaintiff admitted that he incident involving the store clerk teacher. She claimed that in August made sexual remarks that violated the included testimony regarding how the 2012 she requested a reasonable company’s sexual harassment policy to defendant often denied African accommodation under the Americans a female co-worker. Later, the plaintiff, American drivers help with heavy loads with Disabilities Act (ADA) in the form who is African American, claimed that while routinely providing help to of reassignment because she was no his termination violated Title VII Caucasian drivers. The plaintiff further longer physically able to perform because the defendant treated him testified that the defendant assigned certain duties of her job. She initially differently from another similarly situ - Caucasian drivers to routes in safe directed her request to the defendant’s ated Caucasian co-worker. The defen - neighborhoods while assigning African ADA compliance officer, who directed dant had moved the Caucasian American drivers routes in more her to the defendant’s director of work - co-worker identified by the plaintiff as a dangerous neighborhoods where the place safety, who then directed her to comparator from a delivery route to a drivers were sometimes robbed. the principal of the school where the warehouse position following a store The court also cited evidence of a plaintiff worked. The plaintiff alleged owner’s accusation that the co-worker “quick trigger finger with respect to [the that she requested reassignment as had inappropriately touched a store plaintiff] on a previous occasion,” when an accommodation from each of clerk, called her beautiful and called the defendant terminated the plaintiff’s these individuals but received no her sweetheart. A surveillance tape employment and the employment of two accommodation. revealed that the co-worker had, in fact, other African American employees After she returned to work from a leave touched the female store clerk, but the before conducting an investigation into of absence for health reasons in defendant determined that the touching whether they had mishandled product January 2013, the plaintiff was did not violate its sexual harassment as suspected. Following that incident, assaulted by students twice, which policy. The defendant made the the defendant rehired the plaintiff after aggravated her prior injuries. The plain - Caucasian co-worker watch a video discovering he had engaged in no tiff continued to request an accommo - regarding the company’s sexual harass - wrongdoing. dation, but the principal responded that ment policy in addition to assigning him the plaintiff must stay on leave until to warehouse duty. her health restrictions were lifted or The court determined that the alleged relieved. The plaintiff then requested misconduct by the African American reassignment from the defendant’s plaintiff and the proposed comparator human capital officer in April 2013. Caucasian co-worker was similar but She alleged that she outlined several not identical. Accordingly, the court positions within the school system that stated, the co-worker was not a proper she could fill and was told that it was

| 20 | MARCH 2015 HR NEWS MAGAZINE LABOR RELATIONS

up to her to secure the transfer by The psychologist determined that the sending her resume to any school N.D. Indiana Holds plaintiff was fit for duty but recom - where she would like to work. In July mended that she continue counseling. 2013, the plaintiff again requested Two Mandatory The second temporary reassignment reassignment from her then-current Mental Health did not result in any lost wages. school’s principal, who “responded that On Sept. 22, 2009, the plaintiff filed a his office does not transfer/reassign Evaluations Do Not charge of sex discrimination with the employees for any reason.” Constitute Adverse EEOC, alleging that she had been The plaintiff alleged that no reasonable subjected to a hostile work environ - accommodation was offered and that Employment Action ment, in part because of being required she continued trying to get reassigned The U.S. District Court for the Northern to undergo two FDEs. Two days later, during January and February 2014. She District of Indiana granted summary the defendant formally charged the claimed the defendant violated the ADA judgment in favor of an employer on an plaintiff with violating personnel rules by failing to accommodate her disability. employee’s claims of sex discrimination for failing to report for the second day The defendants argued that the plain - based on the defendant’s requirement of the bicycle escort. Following a tiff’s failure to accommodate claim was that she undergo mental health evalua - hearing on that charge, the defendant barred by the applicable statute of limi - tions ( Kubsch v. Indiana State Police , suspended the plaintiff for 10 days tations. The plaintiff was required to file No. 2:10 CV-00495, Jan. 8, 2015). without pay. a charge of discrimination with the On Dec. 3, 2010, the defendant issued The plaintiff had been employed by the Equal Employment Opportunity a written employee counseling form to defendant as a trooper since 1993 Commission (EEOC) within 300 days of the plaintiff for allegedly engaging in while also taking extended excused the first alleged discriminatory act in inappropriate communication with a leaves-of-absence for military service. January 2013, according to the defen - dispatcher over the police mobile data After the plaintiff returned from Iraq in dants. This would mean the limitations terminal system on Oct. 28, 2010. The 2008, the defendant required her to period that began running at the time plaintiff filed a second charge of undergo two mental health fitness for the complainant knew, or reasonably discrimination with the EEOC on Dec. duty evaluations (FDEs). While the first should have known, that a challenge - 3, 2010, claiming that the counseling FDE was pending, the plaintiff was able act occurred had been surpassed form was issued in retaliation for filing removed from her regular duties and by the time the plaintiff brought her her original EEOC charge and for assigned to administrative duties. The suit. Based on this interpretation of complaining on Oct. 28, 2010, that psychologist who performed the first events, the defendants argued, any alle - another officer embarrassed her over FDE recommended that the plaintiff gations regarding discriminatory acts the police radio by accusing her of attend 16 counseling sessions but occurring before May 3, 2013, would be attempting to shirk her duties related return to her regular duties after time-barred. to a car accident on that date. completing 4 of them. The plaintiff used The court disagreed with the defen - accumulated sick days rather than The plaintiff received right-to-sue letters dants’ arguments and denied summary report for administrative duties and on both charges of discrimination and judgment in their favor. In reaching its returned to her regular duties after filed a complaint that included claims decision, the court noted that the plain - completing four sessions. During the of disparate treatment and retaliation tiff’s complaint reflected a “process time prior to her return to regular in violation of Title VII. A magistrate that was dragged out for almost two duties, the plaintiff suffered no lost judge recommended that summary years with [the] plaintiff still pursuing wages, though she did have to make judgment be granted to the defendant her request for reassignment through insurance co-payments for the coun - on both claims, and the plaintiff the spring of 2014.” In contrast, the seling sessions mandated by the objected to the recommendation. defendants characterized the plaintiff’s psychologist. The plaintiff claimed that the magis - request as being the same request Later, the defendant assigned the plain - trate judge incorrectly determined that rejected over and over. The court deter - tiff to a two-day escort of bicyclists. the plaintiff’s disparate impact and mined that although the plaintiff made She performed only the first day. While retaliation claims failed because she repeated requests for the same accom - the defendant investigated her absence could not demonstrate the existence of modation, questions of fact existed as as a possible rules violation, it ordered an adverse employment action. The to whether that basic request was ever her to undergo a second FDE and, court disagreed and upheld summary rejected. again, suspended her regular duties. judgment on both claims in favor of the This time, however, the defendant did defendant. not permit the plaintiff to use sick days to avoid the administrative assignment. CONTINUED ON PAGE 22

WWW.IPMA-HR.ORG MARCH 2015 | 21 | LABOR RELATIONS

CONTINUED FROM PAGE 21

Regarding the disparate treatment steward. This meant that she was a the classrooms; perhaps [a supervisor] claim, the court cited a 1993 decision union representative who acted on could observe, get another person [per from the Seventh Circuit that noted that behalf of union members during griev - the policy] to observe and gauge her in order “to be considered materially ances and disciplinary procedures. reaction when woken up. If she adverse, an employment action must be On May 31, 2012, the executive appeared to two observers [to] be ‘more disruptive than a mere inconven - director of the physical plant asked the under the influence, that’d qualify as ience or an alteration of job responsibil - plaintiff to leave a grievance hearing ‘reasonable suspicion.’” ities.’” It determined that the FDEs did because she was being loud and Further, as evidence of pretextual disci - not result in the plaintiff being termi - behaving inappropriately. The defendant pline, the plaintiff cited a July 10, nated, demoted or losing pay. Further, subsequently suspended the plaintiff 2012, disciplinary report she received the plaintiff’s temporary decrease in without pay pending a review by the that stated she had been late more responsibilities while on administrative Office of Human Relations. On June 6, than 12 times in a six-month period. duty did not constitute an adverse 2012, while on suspension, the plaintiff On Dec. 28, 2012, a supervisor of the employment action. filed a charge of discrimination with the plaintiff reported that he witnessed the Regarding the retaliation claim, the EEOC, asserting that the defendant had plaintiff reclining in a chair in a room court noted that in a retaliation claim, discriminated against her based on her assigned to her to clean during a the plaintiff “need not show that the gender. She supported this by claiming period that was not a break time. The action affected the terms and condi - that male shop stewards were not supervisor also reported seeing the tions of employment, but rather she suspended for raising their voices plaintiff later that morning outside of must simply show that a reasonable during grievance hearings. her cleaning area. Those accounts led employee would have found the Five days later, the suspension was to a discipline report ordering five-day employer’s challenged action ‘materially rescinded, and the defendant awarded suspension of the plaintiff. The super - adverse.’” This means that it would the plaintiff pay for the days she did not visor reported that when he issued the “have dissuaded a reasonable worker work. The Office of Human Relations suspension to the plaintiff, she “volun - from making or supporting a charge of determined that the plaintiff’s behavior teered that she was asleep” at the discrimination.” The court determined at the meeting had been inappropriate time he witnessed her reclining in the that the defendant’s issuance of a but also that, because it occurred while chair. The plaintiff later stated that she counseling form to the plaintiff after she was acting as shop steward, such was joking or speaking in a sarcastic she filed her EEOC charge did not behavior did not constitute a basis for manner. Nevertheless, the defendant constitute an adverse action even under suspension. terminated the plaintiff’s employment the broader definition. on Jan. 10, 2013, for sleeping on the The plaintiff alleged that despite the job. revocation of her suspension, her filing of the EEOC charge motivated the exec - Following her termination, the plaintiff utive director of the physical plant to filed a second EEOC charge of retalia - develop with a member of the Office of tion that proceeded to court. Regarding Human Relations a “strategy of retalia - the retaliation claim, the defendant E.D. Pennsylvania tion and pretextual discipline to termi - conceded that the plaintiff had estab - Finds Email nate her.” She pointed to an email lished that she engaged in a protected exchange between the two on June 18 activity and suffered an adverse Exchange Supports and 19, 2012, as evidence. In their employment action, but the defendant messages, the human relations staff also argued that the plaintiff could not Retaliation Claim member advised the director to “get establish a causal connection between The U.S. District Court for the Eastern [the plaintiff’s] supervisor to demand the two. District of Pennsylvania denied an the improvement [in the plaintiff’s The court disagreed and determined employer’s motion for summary judg - behaviors] and use the disciplinary that the plaintiff had come forward with ment on a former employee’s claims of procedures that are available to us enough evidence that a jury could sex discrimination and retaliation in within the contract.” The director also reasonably find a causal connection. It violation of Title VII ( Immordino v. Bucks asked whether he could have the plain - cited the email exchange between the County Community College et al. , No. tiff tested for drugs and alcohol despite executive director and the human rela - 2:14-cv-01736, Jan. 5, 2015). having no evidence that the plaintiff had tions staffer and stated that the ever been drunk or stoned on the job. exchange could be read as showing The plaintiff worked for the principal The human relations staffer stated that that decision makers decided to termi - defendant as a custodian for approxi - such testing would require “reasonable nate the plaintiff as soon as possible. mately 11 years. About four years suspicion” and advised, “I understand The court further cited the discipline before the termination of her employ - that [the plaintiff] sleeps on her shift, in received by the plaintiff following the ment, she began acting as shop

| 22 | MARCH 2015 HR NEWS MAGAZINE LABOR RELATIONS

email exchange and the plaintiff’s iden - by email at [email protected] or tification of another employee who Contact David B. Ritter, partner at Barnes by phone at (312) 214-4860. —N received only a warning for sleeping on & Thornburg LLP, either by email at [email protected] , or by phone at (312) the job. Accordingly, the court denied 214-4862. Contact Kaitlyn N. Jakubowski, summary judgment to the defendant on associate at Barnes & Thornburg LLP, either the plaintiff’s retaliation claim.

SAVE THE DATE IPMA-HR INTERNATIONAL TRAINING CONFERENCE & EXPO September 26-30, 2015 Denver, Colorado

ipma-hr.org/forum2015

WWW.IPMA-HR.ORG MARCH 2015 | 23 | RECRUITER SERVICE Human Resources/Civil Service Director descriptions are illustrative of the essential functions of the job and do not include other nonessential or peripheral duties that Dallas County may be required. The organization retains the right to modify or Dallas, Texas change the duties or essential functions of the job at any time. Job Description: Dallas County is located in the heart of the Administers the HR Department’s HRIS system including state of Texas and has more than 2.4 million residents. The maintenance (upgrades, patches, utilities—collaborating with the County encompasses 909 square miles, has 30 municipalities, appropriate technical staff to coordinate application of upgrades and is the second-most populous county in the state. Dallas or fixes), analyzes data flows for process improvement County is governed by a five-member Commissioners Court. The opportunities. Resolves HRIS problems, performs scheduled County is divided into four districts, and the voters of each activities, serves as a key liaison with third parties and other district elect a Commissioner to serve a four-year term. stakeholders (payroll, I.S., etc.), maintains reports and queries, Additionally, the County Judge is elected at-large to a four-year develops or assists in the development of standard reports for term. The Commissioners Court is responsible for developing ongoing customer needs. Administers all electronic and manual policies for the County. Dallas County’s adopted FY2014 annual records including the automated HRIS. Approves and/or budget is $866 million, including a general fund operating budget processes changes to the HRIS. Ensures that all employment of $445 million. The County employs more than 6,500 full-time and personnel records are filed timely and maintained in employees and has over 110 different departments. The County accordance with established records retention procedures. is seeking a Director of Human Resources/Civil Service to Recommends new approaches, policies, and procedures to effect support and advise the County Commissioners Court, the continual improvements in efficiency of the department and Commissioners Court Administrator, Elected Officials, services performed. Processes and manages unemployment Department Directors, and others as needed. The Director claims. Completes wage surveys and tracks all compensation reports to the Commissioners Court, supervises 25 full-time and salary survey data. Works with Director and/or outside departmental staff, and manages an annual operating budget of consultants as needed. Provides a variety of reports and data to approximately $5.4 million. The selected candidate must be a internal customers including HR Director, HR staff, City professional, results-oriented, proven leader who is honest, Management and Department Heads. Answers telephone calls straightforward, and trustworthy. The County desires an and responds to in-person visits and written communications approachable leader who promotes teamwork, collaboration, and from customers. Customers include City employees, citizens and customer service. Salary is competitive and open, depending elected officials, officers and employees, agencies, private upon qualifications. The County offers an excellent benefits companies, consultants, insurance company representatives, package. vendors, and suppliers. Plans and arranges work schedule and First review of applications will take place on March 6, 2015; establishes priorities to meet organizational requirements. position is open until filled. Observes and follows established City policies and procedures in the daily conduct of the job. May serve as an Emergency Worker. Job Requirements : A bachelor’s degree from an accredited Additional duties as assigned. college or university in the field of human resources, administration or management with extensive senior This position reports to the human resources director and does management work experience in the area of human resources is not carry any supervisory responsibility. required. In addition, candidates must have a minimum of seven Job Requirements : HR GENERALIST I: A minimum of a completed (7) years highly responsible, progressive senior level human Associate’s Degree; 2 years of work experience Human Resource resources managerial experience in a large, complex experience required; one or more certifications in: Associate in organization, requiring extensive interaction with top officials. Risk Management (ARM) professional, Certified Employee Additional higher education (Masters +), SPHR and/or IPMA-CP Benefits Specialist (CEBS), Certified Compensation Professional certifications, public sector experience and human resources (CPP), Professional in Human Resources (PHR)/Senior information systems experience is preferred. Professional in Human Resources (SPHR), or Certified Benefited To Apply: Dallas County is an Equal Opportunity/ADA Employer. If Professional (CBP) preferred. Certified Associate in Risk interested, apply online at www.srnsearch.com . A detailed Management (ARM) professional preferred. brochure is available. Questions may be directed to Ms. S. Renée HR GENERALIST II: bachelor’s degree in Human Resource Narloch, President, S. Renée Narloch & Associates, 850-391- Management, Management, Organizational Development, Risk 0000 or [email protected] . Pursuant to Texas Open Records Management, or a related field required; four years work Law, applications and resumes are subject to public disclosure. experience in human resources; classification and compensation; recruiting, testing, selection; risk management such as worker’s compensation, safety, and general liability, or a related HR area Human Resources Data Analyst required OR three years works experience in human resources; City of Littleton classification and compensation, recruiting, testing, selection; Littleton, Colo. risk management such as worker’s compensation, safety, and Salary Range: $75,468 to $61,200 general liability, and one certification as a Professional in Human Resources (PHR)/Senior Professional in Human Resources Job Description: The Human Resources department is seeking (SPHR) or Employee Benefits Specialist (CEBS), or Certified an energetic and detail oriented data analyst, who will focus on Compensation Professional (CPP), required; trained and skilled in data and reporting, primarily out of the Human Resources employment law and government regulations; certified Associate Department's HRIS system. in Risk Management (ARM) professional preferred. The Human Resources Data Analyst position falls within the To Apply: Apply online by visiting www.littletongov.org and click on Human Resources Generalist I - II category. The following the JOBS tab.

| 24 | MARCH 2015 HR NEWS MAGAZINE RECRUITER SERVICE

student and employee records; conducting investigations Assistant Director of Employer-Employee regarding highly confidential and sensitive personnel matters and Relations may make reports both orally and in writing to the Board of Los Angeles Community College District Trustees; chairing and/or participating in a variety of standing Los Angeles, Calif. and ad hoc committees regarding personnel practices; assuming Salary Range: $102,132 to $126,532 per year responsibility on designated matters for the Division of Human Resources in the absence of the Vice Chancellor, Human Job Description: The Assistant Director of Employer-Employee Resources; analyzing state legislative and administrative Relations works under the direction of the Vice Chancellor of decisions, laws, regulations, and policies to determine their Human Resources and plans, organizes and directs the day-to- impact on employer-employee relations operations, and makes day operations of the District’s Employer-Employee Relations unit. recommendations on how to implement new requirements. The position also reviews the work of professional and technical staff engaged in performing duties related to employer-employee Job Requirements : Minimum requirements: (education) relations, disciplinary actions, grievances, appeals, complaints, graduation from a recognized four-year college or university, employee arrests and convictions reports, contract negotiations, preferably with a major in labor and industrial relations, human and other employee relations matters. resource management, public administration, industrial or organizational psychology, or a related field; (experience): five Other duties include: serving as chief negotiator for or years of paid professional-level experience in negotiating and participates in the negotiation of collective bargaining interpreting bargaining contracts and investigating, analyzing and agreements; developing negotiation strategies for collective resolving disciplinary matters, grievances, appeals, and bargaining sessions; researching and developing proposals and complaints; two years of the required experience must have been counter proposals for discussion at the collective bargaining in a recent administrative or supervisory position; (special): a table; interpreting negotiated agreements for management and valid Class “C” California driver's license. Travel to locations supervisory staff; conferring with administrators and supervisors throughout the District is required. to determine the need for disciplinary action and develops a plan of progressive discipline; mediating discussions between Additional details on this job posting is available at http://ipma- supervisors, employees, and employee representatives regarding hr.org/job-listing/assistant-director-of-employer-employee-relations problems adversely affecting an employee's performance; . analyzing and evaluating evidence in cases of disciplinary action, To Apply: Applicants can apply online at develops additional supportive evidence, background information https://employment.laccd.edu . Applications may also be obtained and documentation; prepares statements of charges and from the Office of the Personnel Commission, 770 Wilshire recommends appropriate disciplinary action; acting as the Boulevard, Los Angeles, California, Monday through Friday District's advocate at classified disciplinary and grievance between the hours of 7:30 a.m. and 4:30 p.m. Applicants may hearings, which includes pre-hearing preparation of witnesses, also request that an application be mailed to them by calling answering of interrogatories, and the production of records and (213) 891-2129 or sending e-mail to: [email protected] evidence, and the preparation of statement and briefs; conducting consultation sessions with bargaining unit Applications may be submitted online using our Online representatives; reviewing and evaluating medical reports, Employment or (paper applications) mailed or submitted in reports of arrest, and criminal investigations, and related data; person to the Office of the Personnel Commission, LACCD, 770 interprets District health and arrest/conviction standards; and Wilshire Blvd., Los Angeles, CA 90017. Completed applications, makes disposition on the eligibility of individuals for employment whether submitted online or in hard copy, must be received in our and retention; coordinating district's response to subpoenaed office by 4:00 p.m., March 13, 2015.

Time to Renew Your Certification If You Were Certified in 2003, 2006, 2009 or 2012

f you received or renewed your IPMA-CP certification in Extended for 2015, the required number of I2003, 2006, 2009 or 2012, then you must get recertified this recertification points will be 40 (instead year. As a certified professional or specialist, you are strongly of 50). If you have problems completing advised to recertify every three years in order to maintain your your form and have questions, please designation. contact us at [email protected] . IPMA-HR recommends you complete your recertification criteria Also, if your recertification was due in 2014 form before December 31, 2015 to avoid the end of the year (certified in 2002, 2005, 2008 or 2011) it is not too crunch. The fee for recertification is $200 for IPMA-HR late to recertify. Just send in your recertification criteria form as members and $250 for non-members. soon as possible. You will also only need 40 recertification points. Anyone who is retired from human resource work can qualify for Recertification forms are available on the IPMA-HR website at lifetime certification. All you have to do is provide a letter http://bit.ly/1KoJ6RX . —N requesting lifetime certification and if approved, the recertification requirement will be waived.

WWW.IPMA-HR.ORG MARCH 2015 | 25 | MEMBERSHIP MATTERS Member News Ron Clare , IPMA-CP, is the HR director for the City of Palm Shawn Stokes , IPMA-CP, is the new director of the Office of Bay in Florida. He worked previously for the Broward County Human Resources with Montgomery County in Maryland. She (Fla.) Sheriff’s Office and the State of Rhode Island. worked previously as the director of the District of Columbia’s Office of Human Resources. —N

Certification Corner Congratulations to these newly certified individuals!

Natasha Ashton, IPMA-CP Barbara DiRenzo, IPMA-CP Human Resources Manager City of Alexandria Greenville Untilities Commission Alexandria, Va. Greenville, N.C. Karen Divina, IPMA-CP Kristiana Spencer, IPMA-CP Karla Beck, IPMA-CP Minnesota Opportunity Corps, Serve MN Human Resources Generalist Personnel Director Action Network City of Kyle, TX Lafourche Parish Sheriffs Office Saint Paul, Minn. Kyle, Texas Thibodaux, La. Evelyn Goodwin, IPMA-CP Lisa Stauffer, IPMA-CP Verneiza Benwikere, IPMA-CP Human Resources Manager Town of Hilton Head Island Management Analyst Architect of the Capitol Hilton Head Island, S.C. Los Angeles World Airports Washington, D.C. Los Angeles, Calif. Angela Zehr, IPMA-CP Brian Jepsen, IPMA-CP Human Resources Specialist Christina Blazer, IPMA-CP Human Resources Director City of Palm Springs Human Resources Generalist Oklahoma Water Resources Board Palm Springs, Calif. Montana Department of Revenue Oklahoma City, Okla. Helena, Mont. Donna Pauley, IPMA-CP David Brahmstadt, IPMA-CP Human Resources Director Human Resources Director West Point, Va. City of Martinsville Martinsville, Va. Bill Philibert, IPMA-CP Director, HR & Risk Management Ali Brandt, IPMA-CP City of Deer Park HR Analyst I Deer Park, Texas City of Hayward Hayward, Calif. Julia Rush, IPMA-CP Gastonia, N.C. Nina Collins, IPMA-CP Anna Sanchez, IPMA-CP Acting HR Director Personnel Assistant City of Hayward County of Ventura-HR Dept Hayward, Calif. Ventura, Calif.

Davis Cooper, IPMA-CP, MSHRM Jake Smith, IPMA-CP Personnel Program Specialist Classification/Compensation Mgr Center for Governmental Srvc Human Capital Management@OMES Auburn, Ala. Oklahoma City, Okla.

| 26 | MARCH 2015 HR NEWS MAGAZINE IPMA-HR Recognizes New Members

IPMA-HR would like to recognize the following individuals and agencies for recently becoming members.

New Agency Tim Eggleston Curtis Jones, III Stacy Perez Members Tipp City, Ohio Delray Beach, Fla. Austin, Texas

NYS Teachers' Retirement Rhondi Emmanuel, IPMA- Kelley Kane Frances Rodriguez-Gonzalez System, N.Y. CP Renton, Wash. Pueblo, Colo. San Marcos, Calif. WV Regional Jail & Correct Katherine Keating Theresa C. Severance Facilities Authority, W.Va Thomas D. Epsky Cape May Court House, N.J. Duluth, Minn. University of Missouri, Health Port Saint Lucie, Fla. System, Mo. Anna-Marie Keena Cynthia J. Shelton City of Millersville, Tenn Angela Fuller Baldwin City, Kan. Clarksville, Tenn. Morgan County Commission, Greenville, N.C. Ala. Cindy Leigh Sanjeev Thakur Dezirie Gomez Osage Beach, Mo. Durham, N.C. Clinton National Airport, Gallup, N.M. Ariz. Destiny Mercado Nicole Thompson Claudia Greenfield Rockville, Md. Orwigsburg, Pa. New Individual Norwalk, Conn. Members Cynthia Mitchell Stacey A. Thompson, MPA Rosemarie Grzetic San Diego, Calif. Belmont, Calif. Sonya Brooks-White Renton, Wash. Florissant, Mo. Terry Mitton, IPMA-CP Nguyet Vu Taundra L. Henderson, Kalispell, Mont. San Jose, Calif. Ivette Burgess IPMA-CP Beaufort, S.C. Conyers, Ga. Brian J. Money Velina Williams Gallup, N.M. Rochester, N.Y. Denise C. Carlson Sally Ihmels, MBA Hillsboro, Ore. Henderson, Nev. Joan S. Montegary Susan Willmann Woodinville, Wash. O’Fallon, Mo. Susan M. Colton Brian R. Jepsen, IPMA-CP Framingham, Mass. Oklahoma City, Okla. Leyla Najmi Sacramento, Calif.

Bullying CONTINUED FROM PAGE 7

Across the country, Amberson said the government of North dards can be noted on some city workers’ performance evaluations. Miami Beach recently adopted behavioral standards for employees “We’ve had occasions to coach, counsel and otherwise discipline with the intent of creating a culture of respect in the workplace. people” for bullying, Amberson said. Another goal is to encourage employees to treat each other as well as they do constituents and customers. She added, though, that “we’re really looking to catch people doing the right thing. When you have these kinds of standards embed - Known as RISE—Respect, Integrity, Service and Excellence— ded into your culture, it makes it less likely that bullying will be each standard comes with clear guidelines. For instance, showing tolerated.” respect requires treating others with “dignity and respect, main - taining our composure even under pressure,” as well as communi - cating professionally and offering solutions without harshly criticizing co-workers. Amanda Cuda is a full-time general assignment reporter for the RISE training is incorporated into harassment education sessions Connecticut Post newspaper in Bridgeport, Conn. She also freelances and in new employee orientations. Also, compliance with the stan - for several publications, including HR News . —N

WWW.IPMA-HR.ORG MARCH 2015 | 27 | CALENDAR

April 2 – June 18 Developing Competencies for HR Major City/County Meeting Success Online Course Held in Houston For more information, visit www.ipma- hr.org/professional-development/training- program/ipma-hr-competency-model

April 14-Aug. 18 Public Sector HR Essentials Certificate Program Online Course For more information, visit www.ipma- hr.org/Professional-Development/Public- Sector-HR-Essentials The 26th IPMA-HR Major City/County meeting was hosted by April 29 – May 1 Western Region Conference the City of Houston on January 29-30. Participants from the Seattle, Wash. following 23 jurisdictions participated in the meeting: For more information, visit www.wripma-hr.org/conference.htm n Austin, TX n Metro Transit Authority, n Charlotte, NC Houston ,TX n Dallas, TX n Mobile County, AL May 11-May 20 Southern Region Conference n Denver, CO n Multnomah County, OR Virginia Beach, Va. n El Paso, TX n Pinellas County, FL For more information, visit n Fort Worth, TX n Rockville, MD www.ipmahrsouthern.org/beach/ n Garland, TX n San Antonio, TX n Henderson, NV n San Francisco, CA n Houston, TX n San Mateo County, CA May 31- June 3 Central Region Conference n Juneau, AK n Travis County, TX Kansas City, Mo. For more information, visit n Kansas City, MO n Virginia Beach, VA www.ipmahrcentral.org n Little Rock, AR n Metro Regional Government, Portland, OR June 21-24 Eastern Region Conference Morgantown, W. Va. Topics discussed at the meeting included: For more information, visit www.ipma-er.org/ n Building the Talent n Cultural Competency Pipeline/Preparing Staff for n EEO/Staffing Organization Promotions Model Sept. 26-30 IPMA-HR International Training n Workforce Planning & n Lean Six Sigma & HR Conference & Expo Annual Conference Knowledge Transfer Operations Denver, Co. Strategies n Handheld Devices for those Regular updates available at n Using Social Media for with Commercial Driver’s http://ipma-hr.org/itc2015/welcome Recruitment Licenses n Creating a Talent Pipeline n Ethics in Government n Recruitment of Candidates Service to Meet the Increasing n Paperless Personnel Records Demands for Technology n Cadillac Tax – Lowering PRODUCTS & SERVICES Skills Benefits to Avoid the Tax n Hiring Processes n Volunteers to Supplement Entry-level and promotional n HR Metrics the Paid Workforce test products, services, and publications for public safety and non-public safety personnel. n Employee Engagement n Medical Marijuana & the Interested in n Assessing Current Staff ADA n Wellness Programs n FLSA Audits Advertising? n Reduction of Unpaid Leave Call IPMA-HR Today! n Retirement Incentive (703) 549-7100 Programs For additional information on the meeting, please contact Neil Reichenberg, IPMA-HR executive director at [email protected] . —N | 28 | MARCH 2015 HR NEWS MAGAZINE simple steps There are only5toward certification

IPMA-HR PUBLIC SECTOR CERTIFICATION PROGRAM

We encourage excellence in HR! Apply today! For details visit www.ipma-hr.org We’ve had Your Back for 60 Years

That’sThat’s how long IPMA-HR has been in the business of developing Police TestingTesting Products that give you the hiring and promotional edge.

ENTRY-LEVEL.ENTRYY-LEVEL.-LEVEL. Identify quality candidates with the help of 8 different entry-level tests and our Police Officer Structured Interview System (POSIS).

PROMOTIONAL. Discover promotional potential within your ranks using 6 different promotional stock tests and our Public Safety Assessment Center System (PSACS). CUSTOMIZED. Create your own semi- or fully-customized promotional test — for any upper-level rank, from captain to chief — with our Customized TTestest Service. ORDER TODAY!TODAY! ipma-hr.org/policeipma-hr.org/police | 1-800-381-TEST (8378)