When Should Managers Call HR?
When one thinks of contacting the HR department, it's often associated with filing a complaint or discussing a workplace issue that is in need of a resolution. There are often more reasons as to why the HR department needs to be contacted. Read this blog post to learn more.
Employers expect supervisors to resolve some issues on their own and to report other things to human resources—or possibly to in-house counsel—rather than to resolve them independently.
But do you know which is which? For example, you probably know that you should report to HR all complaints of unlawful discrimination, harassment or retaliation, even if:
- The employee requests that the complaint be kept confidential.
- The employee implores the supervisor not to consult with HR.
- The complaint appears to lack merit.
But in other instances, the line is less clear. For example, if an employee is frequently late, it's your job to resolve the issue by confronting the employee about his lateness and handling it according to established company policies. But what happens if the chronically tardy employee responds by saying that he has been late because of chemotherapy appointments? That's the kind of information you need to report to HR so a determination can be made about whether a work accommodation is appropriate.
Here are some other clarifications of when to report in suspect categories:
WAGE COMPLAINTS
An employee complaint about not being paid as much as he deserves usually is an employee relations issue, not a legal issue. But when an employee complains that the employer has failed to pay him for time worked or has made improper deductions from his pay, savvy supervisors will see legal red flags. For nonexempt employees, improper deductions may include things like not paying for short breaks. For exempt employees, improper deductions may include deductions inconsistent with the salary basis requirement of the overtime regulations of the Fair Labor Standards Act (FLSA), such as not paying an exempt employee for a holiday when the employer is closed.
By immediately reporting a wage complaint to HR, you let the organization determine whether the complaint has merit. If no money is owed or no improper deductions made, HR can correct—or at least try to correct—the employee's misunderstanding. On the other hand, if there was a mistake, HR can correct it before the employee files a complaint with an administrative agency or court. This should go a long way toward minimizing the employer's exposure to liquidated damages for willful violations of the FLSA, and it also may mitigate an employer's liability under state wage and hour laws, whose requirements and penalties are often more stringent than federal law.
Remember, you must report even minor wage claims. A single employee's small wage loss may signal a systemic problem affecting other employees—in other words, a class action waiting to be born.
ALLEGATIONS OF WRONGDOING BY OTHERS
More and more employees are "blowing the whistle" on alleged wrongs that may not directly affect their terms and conditions of employment—alleged corporate fraud, for example. Managers should report immediately complaints of criminal or fraudulent activity, or violations of statutes such as the Sarbanes-Oxley Act. You also should report alleged violations of core employer policies that may have material legal and business consequences, such as conflict of interest policies, business ethics standards or codes of conduct.
DISCLOSURE OF MEDICAL INFORMATION
Any disclosure of a serious health condition or a physical or mental impairment by a job applicant or employee should be reported to HR—even if the applicant or employee doesn't specifically seek an accommodation. During interviews, you may ask applicants whether they can perform the essential functions of the job for which they have applied—but you may not pursue any medical inquires before making a conditional offer of employment. Likewise, where a current employee's performance or behavior is below standard, managers need to focus on the deficiencies—and not inquire or speculate as to any suspected medical reason that may underlie them.
But what if an applicant says that he cannot perform a particular function because of clinical depression, or an employee acknowledges her performance deficiencies but says that lethargy resulting from her heart condition has caused them? In these cases, even though there was no direct request, the disclosure puts the employer on notice that the applicant or employee may need an accommodation. Accordingly, the employer—that is, HR and not you—may need to begin the interactive process to determine whether a reasonable accommodation is needed.
ACCOMMODATION OR LEAVE REQUESTS
An applicant or employee need not use the legal words "Americans with Disabilities Act (ADA) accommodation" or "Family and Medical Leave Act (FMLA)" to trigger statutory rights. The key is whether a reasonable supervisor would recognize the individual's communication as a request for an accommodation or a leave of absence. With regard to accommodations, for example, you should report requests for help, support, job changes, etc. if the employee—contemporaneously or previously—has disclosed the existence of a serious health condition or impairment.
As for leave, report requests for "time off" for medical or other potential FMLA situations, even if the employee does not utter "FMLA." Even if the employee clearly is not eligible for FMLA leave, you need to report a request for time off because a leave could be a reasonable accommodation under the ADA regardless of FMLA eligibility.
EVIDENCE OF UNION ACTIVITY
If 30 percent of eligible employees in an appropriate bargaining unit sign union authorization cards, the union can petition the National Labor Relations Board for an election. Even if an employer wins the election, the victory can be very costly. The key to avoiding elections is early detection of and rapid response to union activity. But employers often begin their counteroffensive only after the union has obtained the 30 percent showing of interest. Sometimes, this is because supervisors fail to report to HR what they may see as "isolated" signs of union support. A bundle of isolated, minor occurrences may amount to evidence of a serious union campaign.
Direct signs of union activity would include an employee handing out a union flier in the parking lot or wearing a pro-union T-shirt. Indirect warning signs would include unusual off-site gatherings of employees—at barbecues, bowling alleys and bars. You also need to be aware of the restrictions on your behavior under the National Labor Relations Act. Supervisors cannot:
- Spy on employees to see who may be engaging in union activity.
- Promise employees benefits for refraining from union activity.
- Interrogate employees as to whether they or others are engaging in union activity.
- Threaten or take adverse action against employees for engaging in union activity.
While you cannot spy, you can report what you see in plain view. And while you cannot interrogate employees about their union sympathies, you can report what is volunteered or what you inadvertently overhear.
GOVERNMENT COMMUNICATIONS
Inform HR immediately if you receive any communication from a government agency, official or entity, including everything ranging from a charge of discrimination filed with the EEOC or other agency to an on-site visit from a U.S. Department of Labor investigator asking to review certain files in connection with alleged overtime pay violations of the FLSA. It's not your duty to decide whether and to what degree to cooperate. Sometimes, government officials ask for more than they are entitled to have. And even where they have a legal right to the requested information, the manner in which the employer communicates can determine the legal outcome and damages that may flow from it. If an official contacts you by phone, be polite and say, "Our organization/company will cooperate with your request; however, I do not have the authority to respond. Let me give you the name and telephone number of the HR professional with whom you should speak. I also am going to contact HR right now."
LAWYER COMMUNICATIONS
Report immediately—and don't respond—to any subpoenas or letters from lawyers who do not represent the employer. In case of "friendly calls" from lawyers who are "just curious" about a few things, don't provide any information. There is no duty to cooperate with an attorney on a fishing expedition. Instead, say something like this: "I do not have authority to talk with you. Please give me your name and number and I will forward them to HR."
SIGNS OF WORKPLACE VIOLENCE.
Not all workplace violence is preventable. But sometimes there are warning signs that supervisors need to report to HR and/or security immediately, including:
- Discussions of or particular fascination with perpetrators or victims of violence.
- Talk of weapons that seems abnormal in frequency or content.
- Statements about hearing voices or receiving signals.
- Threats of suicide.
SOURCE: Segal, J. (21 July 2020) "When Should Managers Call HR?" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/people-managers/pages/when-should-managers-call-hr.aspx
Employees Look to HR to Evaluate COVID-19 Data Before Reopening
Many employers are looking at the opportunity to allow employees to return to their workplace, but before returning many are asking and reaching out to their HR departments to look and rely on local, state, and federal data in order to make a safe transition back into office. Read this blog post to learn more.
When national staffing and recruitment firm Addison Group began putting in place the necessary measures to reopen the company's offices in Texas, Peg Buchenroth, senior vice president of human resources, relied on local, state and federal data to make the transition.
The company's employees switched to remote work during the week of March 16. Since then, Buchenroth and her colleagues have been monitoring coronavirus cases in Texas, where the numbers are changing fast.
Recent data from Texas health authorities demonstrates why it's important for human resource managers to follow infection and hospitalization rates in different geographies.
According to Texas Department of State Health Services data, nearly 75,000 people tested positive for the coronavirus in the first week of June and more than 1,800 people died of COVID-19. As of July 19, nearly 4,000 people had died from COVID-19 in the state, and the death toll is expected to rise further as reported cases have climbed to over 330,000.
Texas Health and Human Services has posted a warning on its website: "Please note that all data are provisional and subject to change. Probable cases are not included in the total case numbers."
Texas Gov. Greg Abbott began clearing the way for businesses to reopen in May to restart the state's economy but had to roll back those plans after COVID-19 deaths began to rise. In the midst of this, the Addison Group reopened its San Antonio/Houston offices on May 4, its Dallas location on May 18 and its Austin facility on May 20. The company closed its Texas offices for the July 4 holiday and has kept them closed as it considers what to do next.
"While we successfully opened our Texas offices in May for employees who wanted to return to in-person work, we've decided to close these locations and will monitor the situation in case we need to reassess," Buchenroth said. "The safety of our employees remains Addison Group's top priority, and we will continue to leverage federal, state and local data to inform any future decisions."
She said employees who return to the office will need to adhere to Centers for Disease Control and Prevention guidelines, such as wearing a mask and maintaining 6 feet of physical distance from others.
"We want to make sure that employees feel safe when they return to the office," Buchenroth said.
She added that the company takes into consideration the many factors that can influence an employee's decision to return to the office, including child care needs, elder care responsibilities, and serious underlying medical conditions that put individuals at high risk of developing a severe illness from COVID-19.
Coronavirus and COVID-19
Using Data to Inform Reopening
As more businesses reopen, employers will have to decide if going to the office is safe based on the data received from local health authorities. Insight from that data will determine how employers will design their workspaces to allow for adequate social distancing within an office, how many workers will be allowed in the office at a time and whether remote work will continue for the foreseeable future.
John Dooney, an HR Knowledge Advisor at the Society for Human Resource Management, said he has noticed an increase in the number of inquiries from HR professionals about new federal, state and local measures and how to safely reopen businesses. He added that while health officials have gained a better understanding of the coronavirus during the past four months, there is still a lot more to learn.
"The pandemic is evolving, and we haven't had the luxury of time to get the information we need," Dooney said. "I think it's important for HR managers to continually review data from authoritative resources."
HR needs to be aware of the changes states are making as they reverse previous decisions on reopening their economies given increasing coronavirus infections and death rates in states like Arizona, Florida and Texas. The current crisis, Dooney said, should prompt HR professionals to be more involved with their senior leadership teams in the decision-making process.
"HR executives should work with senior managers to come up with the best ideas that protect their employees," Dooney advised. "The leadership team should be looking at not only how to maintain the business, but also how to implement adequate protections."
Employers' responses will also depend on the work environment at each company. Hospitals, supermarkets, pharmacies and delivery services, for example, need employees at their worksites; many knowledge-based businesses, however, are better-suited to rely on remote workers.
Gavin Morton, head of people and financial operations at HR.com, said as discrepancies arise in the actual number of coronavirus infections and deaths caused by COVID-19, employees will want to know that their employers have seen the data, considered it carefully and are concerned about workers' safety.
"We all want to know exactly what's going on, but it is very difficult for medical professionals and coroners to quickly ascribe deaths to COVID-19 or other causes," Morton said. "It is logical that there are both more cases and more infections than are being reported, since the testing numbers are still relatively low, and we may not know for years what the true impact has been."
Morton added that employers are in a powerful position to reduce their employees' anxiety. "Employers need to read carefully to understand what the reliable facts are and use them to inform their employees rather than alarm them. Clarity, calm and honesty go a long way," he said.
Morton said HR professionals should consider and educate the leadership team in two key areas:
- How this information impacts the business and employees. Some data could have little to no impact on a company, depending on such factors as location and type of business, while other information could have a severe impact. An outbreak of cases in a city four hours away may not worry the organization's local employees, but if someone's parents live in that city, he or she may be personally very concerned.
- Employee sentiment. It is critical to understand how employees are feeling and how new data can affect their confidence in their safety.
Contact tracing, new coronavirus cases, new hospitalizations, and increases or drops in the number of people dying from COVID-19 will be critical data that will contribute to HR managers' planning.
Human resource professionals should remember, too, that the data are interrelated.
For example, Morton noted that while an increase in deaths reported is alarming, it doesn't necessarily mean that there are more cases; similarly, falling death rates may not mean that transmission today is low. Information about deaths is only one piece of the puzzle.
Developing measures to secure the safety and encourage the performance of employees during the second half of the year won't be easy, especially if there is suspicion that federal, state and local information on the COVID-19 crisis isn't accurate.
"The numbers are really important, and companies need to pay close attention to information which impacts their employees and their customers," Morton said. "While the data can help guide their decisions, HR leaders and company leaders still need to interpret the data. This is true for any information, and so the uncertainty around death reporting is no different. Company leaders need to use their best judgment based on their knowledge of their business, employees and customers."
SOURCE: Lewis, N. (20 July 2020) "Employees Look to HR to Evaluate COVID-19 Data Before Reopening" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/technology/pages/hr-evaluate-covid19-data-before-reopening.aspx
Health Care Nondiscrimination Notice Requirement Is Going Away
The Department of Health and Human Services' has removed requirements that employers issue non-discrimination statements to employees that will go into effect on August 18, 2020. Read this blog post to learn more.
On Aug. 18, 2020, the Department of Health and Human Services' (HHS's) finalized changes to the Affordable Care Act's Section 1557 nondiscrimination rules will take effect, removing requirements that employers issue health care nondiscrimination statements to employees and add health care nondiscrimination taglines to employee communications.
Prior to the changes under a final rule HHS published on June 19, employers had to ensure that they, along with their insurers (for fully insured plans) or third-party administrators (for self-insured plans), abided by a 2016 HHS rule requiring employer-sponsored plans to:
- Create and maintain a notice of health care nondiscrimination.
- Include it in "significant communications" along with taglines in 15 different languages advising individuals of the availability of language assistance.
- Include similar taglines for other communications but only in three different languages.
These notices are still required until Aug. 18.
"Now more than ever, Americans do not want billions of dollars in ineffective regulatory burdens raising the costs of their health care," said Roger Severino, director of the Office for Civil Rights at HHS.
Less Paperwork and Lower Costs
"The final rule eliminated the requirement to post the discrimination notice and add taglines," said John Kirk, an attorney at law firm Graydon in Cincinnati. "The final rule also eliminated the requirement that the discrimination notice and taglines be included with all significant publications sent by the organization. This change will be a significant cost and administrative timesaver for most entities."
Employers offering employee benefit plans that were subject to the prior 2016 rule "should review any notice and disclosure obligations and may begin revising their disclosures to remove the nondiscrimination statement and required taglines," Kirk advised.
"This is welcome news for employers that were required to create and maintain these complicated notices," according to compliance firm HUB International. "In the preamble to the new final rules, HHS stated that the notices were costing employers and other entities hundreds of millions to billions of dollars, but were not, in HHS's view, providing meaningful additional help to individuals."
HUB noted that "the onerous notice requirement is gone, but nondiscrimination rules still generally apply," prohibiting discrimination in health care on the basis of race, color, national origin, sex, age or disability.
Overshadowed by Transgender Controversy
Most coverage of the HHS final rule focused on its controversial rollback of anti-discrimination protections based on gender identity, which overshadowed the rule's repeal of the notice and tagline provisions under the 2016 regulation.
A coalition of LGBTQ groups and health care providers are suing the Trump administration, alleging the new HHS rule conflicts with the Supreme Court's June 15 decision in Bostock v. Clayton County, Ga., which found that the prohibition against sex discrimination in the workplace under Title VII of the Civil Rights Act covers sexual orientation and gender identity.
SOURCE: Miller, S. (16 July 2020) "Health Care Nondiscrimination Notice Requirement Is Going Away" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/health-care-nondiscrimination-notice-requirement-is-going-away.aspx
How to Prosper When HR Is Understaffed
The HR department often has many things on its plate when the company as a whole has a lack of staff, but what happens when the HR department has a lack of staff that may be caused due to many situations? Read this blog post to learn more.
One of the hardest parts about working in HR is helping a company's managers succeed when the company is understaffed. But what about when the HR department is understaffed, perhaps due to summer vacations, unfilled positions, or team members working fewer hours as they wrestle with child care or illness during the COVID‑19 pandemic?
HR leaders, whether managing a small or large team, can find the weight of a company's needs overwhelming when their department is short-staffed. But HR experts say there are a range of strategies to help address this situation.
"When an HR team is short-staffed, one of the best things to do is try to understand the goals of the company during this time," said Melodie Bond-Hillman, senior manager of HR and administration at XYPRO Technology Corp. in Simi Valley, Calif. She has had many cohorts reach out and express concern that their jobs have expanded out of scope during the coronavirus outbreak as they attempt to handle a range of new duties amid staff shortages. "They need to try and figure out how long term the staffing issue might be to know how to strategically plan," Bond-Hillman said.
Conversely, it's important not to over-promise when seeking staffing solutions for the department in such an unpredictable environment, said Buck Rogers, a vice president at Keystone Partners, a Raleigh, N.C., executive coaching and outplacement firm. "Don't set your team up for a fall," he said. "You need to keep their spirits up as much as possible, but giving them false hope can make them less likely to trust you in the future."
Rogers recommended against giving the HR team exact dates on when operations will return to normal, because no one can say for sure. Instead, he suggested being supportive—but not unrealistic.
Consider Investing in Automation
One positive step an HR leader can take during a period of uncertainty is to look for opportunities to automate required processes to save time, Bond-Hillman said.
"An important question to research is, how well is your HR system set up? Is it driving a lot of your process so you can automate when possible and give employees a strong range of self-service access?" she asked. "Do you have apps so workers can get their benefit cards and policy questions easily answered without your team being called on to step in too often? From getting their pay stubs to making 401(k) changes, the process needs to give employees a chance to help themselves. These are areas HR may get lazy at when times are easier, but it makes a difference" when times are tougher, as they are today, she said.
Even with shortcuts in place, there are other steps that will help the team operate more effectively. One is to provide new opportunities for team members to broaden their contributions, perhaps by giving responsibilities to HR professionals who are ready for a new challenge.
"This is a chance for them to help you out," Bond-Hillman said. But you can also help HR team members advance their careers or become specialists. "Give them the opportunity to come through for the team and further their career."
And despite potential revenue shortfalls due to the faltering economy, now isn't the time to reduce training. After all, if team members are going to be able to assist you more, they'll need the training to succeed, Bond-Hillman said.
"Yes, there's a feeling you don't have time, but if you don't make the time, it will potentially be a disaster in executing the work," she said. "Many HR people struggle because not everyone is cross-trained."
Seek Inexpensive Support
Seeking part-time help from a temp or college intern is another popular option this summer, said Heather Deyrieux, SHRM-SCP, HR manager for Sarasota County, Fla., and president of the HR Florida State Council, a Society for Human Resource Management affiliate. "We've had an intern just for the first couple of weeks of the summer, and she has been very helpful," Deyrieux said. "You can even look for volunteers—there can be many of those, especially if it's remote work."
Keeping morale up also is important and may be achieved by making sure everyone in the HR department sees team leaders rolling up their sleeves and doing tasks that may have been handled by others before the pandemic. It's also wise for those leaders to keep their office doors open and be available early and late to help answer questions and address issues, Bond-Hillman said. "A team has to be just that–a team."
Debora Roland, a Los Angeles-based vice president of HR at CareerArc, said seeking opportunities to allow the team to recharge is critical. "Your team, however big it may be, is working tirelessly during these times, and showing appreciation can go a long way," she said. "One way to do this is to give team members time off when it's needed. We're all in such high-stress times, and providing days off to recuperate and reset can make a world of a difference."
If providing time off isn't possible given the workload, showing appreciation can help. "Give a gift certificate to their favorite restaurant or something else they like," Deyrieux said. "This way you show appreciation, but you also show them that you pay attention to their interests. People need to know they're not just another employee."
6 Ways to Support an Understaffed HR Team
- Identify the company's primary goals during the pandemic and share it with the team.
- Ease the team's hours through automation or help from a temp, an intern or a volunteer.
- Be in the trenches with team members by taking on menial tasks and arriving early and/or staying late.
- Show appreciation, even if just in a small gift.
- Give additional responsibility that could lead to a promotion.
- Provide training so your team members feel they're in a good position to take on new responsibilities.
SOURCE: Butterman, E. (09 July 2020) "How to Prosper When HR Is Understaffed" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/organizational-and-employee-development/pages/how-to-prosper-when-hr-is-understaffed.aspx
Virtual walks and free chocolate? What workplace pros say the new office will look like
Working remotely has become a new workplace normal and may continue to be so. Although it may be difficult for younger generations to acclimate to this working situation, there may be some benefits to it as well. Read this blog post to learn more.
The traditional office’s days are numbered; the office of the future will be a “collaboration center” with a mix of skeleton staff and remote workers meeting through virtual team walks and group meals via home-delivered Zoom lunches.
Millennials and Generation Z will have problems networking in the new remote work world with fewer face-to-face meetings; and mental health and well-being benefits will become more important than ever before.
Those were some of the predictions of compensation and benefits professionals at the first virtual gathering of the WorldatWork 2020 Total Resilience conference — a digital substitute for an annual conference that was supposed to be held in Minneapolis this year, but was postponed in response to the global coronavirus crisis.
"The office environment will change,” said panelist Steve Pennacchio, senior vice president of total rewards at Pfizer, during an online session on resilience on Wednesday. “Remote work is here to stay.”
Pennacchio said a number of companies will shut down their office space, which will have serious ramifications for commercial real estate and new entrants into the workforce, who will be at a particular disadvantage because of the limits of networking and source building through remote technology.
He suggested more virtual engagement tactics, including virtual walks or group activities, including having teams eat together with coordinated deliveries of lunches or chocolate. “Nothing hurts with chocolate,” he said. During the conference, which will continue with weekly panels through Sept. 2, organizers also hosted social events, including virtual trivia games and online networking.
Pfizer is investing $1 billion on development of vaccines and treatments for coronavirus, he noted. “Hopefully ours and others will work. The world needs more than one,” he said.
Likewise, Susan Brown, senior director of compensation at Siemens, said her company has focused on four key areas of building a team, culture, management team and employees who can adjust to the new environment through virtual meet-and-greet sessions and lunches where all team members must be present visually.
“The relationship builds with seeing each other,” she said. “The camera on changes the dynamic more than a phone call.”
Brown also noted tremendous innovation around talent management happening during the coronavirus crisis. She said that progressive companies have made a quick shift to focus first on the mental health and well-being of staff as a priority, rather than having an emphasis on business metrics.
“The whole conversation changed to focus on people’s health and safely, how they were feeling and empathetic messaging rather than a focus on business results,” she said.
WorldatWork CEO Scott Cawood, who served as moderator, noted that employers’ responses are being closely watched by staff, and other companies.
“COVID-19 doesn’t define who you are; it actually reveals who you are,” said Cawood, sitting alone on a stage with a white chair and house plant, as panelists called in from around the country.
Kumar Kymal, global head of compensation and benefits at BNY Mellon, said the global financial services firm has 95 percent of staff working remotely.
"Times of crisis and change give us permission to rethink the way we do things, and it's an opportunity to decide what really matters to your organization," Kymal said, noting that the company announced that there will be no layoffs in 2020 to put staff at ease.
Management response should focus on “speed, speed, speed,” he said about responding to challenges under the coronavirus crisis, with special attention to empathetic corporate messaging.
Kymal said at his company, management focused on a new framework to address healthcare concerns globally, with a broad overview of their healthcare plans. Second, management focused on addressing stress and anxiety, particularly with attention to messaging and staff feedback. They also put an increased focus on well-being and resilience strategies, and accelerated a mental health program to allow employees to assess their ability to deal with stress. Finally, BNY Mellon improved social connections for managers to lead better on connecting with various teams.
Looking ahead to the return-to-work phase of the crisis, Kymal said the stakes are high. Challenges include dealing with temperature scans, wearing masks, closed cafeterias and social distancing.
“As we're starting to plan what the return to office looks like, it's clear to us it has the potential to become an awful, awful employee experience,” he said. “We really need to rethink and redesign. What does an office experience look like? That's front and center in my mind.”
SOURCE: Siew, W. (08 July 2020) "Virtual walks and free chocolate? What workplace pros say the new office will look like" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/news/what-workplace-pros-say-the-new-office-will-look-like
Facial Analysis Technology in the Workplace Brings Risks
Technology is a forever-changing topic and a forever-advancing field. Most recently, facial recognition technology has been a topic of discussion when talking about technology. Read this blog post to learn more.
Facial recognition technology has been under the microscope as organizations and lawmakers re-evaluate its use in the wake of global protests about racial injustice. Technology giants Amazon, IBM and Microsoft all recently announced that they would stop selling facial recognition technology to police departments in the United States, citing the technology's potential for violating human rights and concerns about racial profiling.
Recent research has shined a light on some inherent dangers of using the technology. One study by MIT and Stanford University found that three commercially released facial analysis technologies showed skin-type and gender biases. The study found that the technology performed better for men and lighter-skinned people and worse for darker-skinned women.
The American Civil Liberties Union (ACLU) as well as other human rights groups and privacy advocates also have raised concerns about privacy and surveillance issues tied to use of the technology.
Evaluating Job Candidates
Some vendors in the human resources industry have long used facial analysis technology to help evaluate video interviews with job candidates. These artificial intelligence (AI) tools scan facial expressions and movements, word choice, and vocal tone to generate data that help recruiters make hiring decisions. Vendors say the tools can help reduce hiring costs and improve efficiencies by speeding the screening and recruiting of new hires.
But experts say that if these facial analysis algorithms aren't trained on large or diverse-enough datasets, they're prone to consistently identify some applicants—such as white men—as more employable than others. For example, the MIT and Stanford study found that one major U.S. technology company claimed an accuracy rate of more than 97 percent for a facial recognition algorithm it designed. Yet the dataset it was trained on was more than 77 percent male and more than 83 percent white.
Josh Bersin, a global HR industry analyst and dean of the Josh Bersin Academy in Oakland, Calif., said some HR vendors have embedded facial analysis technology into their video-interviewing tools with the goal of identifying job candidates' demonstrated stress, misrepresentations and even mood.
"These vendors have tried very hard to validate unbiased analysis, but they are taking risks by doing so," Bersin said. "The best solution is to use these tools very carefully and make sure you perform tests across very large samples before you trust these systems."
The use of facial analysis technology to evaluate job candidates is "very problematic," said Frida Polli, founder and CEO of the New York-based assessment company Pymetrics. "The science of the technology in terms of what it really says about someone is extremely new and not well-validated, and certainly not well-validated for HR uses," she said.
Results should be viewed with a skeptical eye if the technology is used for any assessment of job candidates' character or behavior, said Elaine Orler, CEO of the Talent Function, a talent acquisition consulting firm in San Diego. "The technology solutions aren't accurate in this area, and they leave too much to chance in terms of creating false positives or negatives," she explained. "To understand micro-expressions, for example, would require a deeper understanding of that one person's behaviors and not just a crowdsourced base line of everyone's expected expressions."
Some experts say facial recognition technology isn't without value in the workplace, especially in the age of COVID-19. Orler said using the technology as a biometric tool to grant access to parts of a building or as a touchless replacement for time clocks can be a good solution to reduce the spread of the coronavirus.
"Badges and other products that hold credentials often need to touch products that have been touched by others, and fingerprint scanners also have such dangers," she said.
Legal and Privacy Concerns
The use of facial recognition technology is now governed by laws in a growing number of states. Kwabena Appenteng, an attorney specializing in workplace privacy and information security with Littler in Chicago, said most employers are now aware of the landmark Illinois Biometric Information Privacy Act (BIPA) that requires companies implementing facial recognition technology in that state to obtain consent from subjects and to provide a written policy about how collected data will be stored, protected and used. Appenteng said more states—including California and Texas—also now require employers using the technology to satisfy certain compliance obligations.
Illinois and Maryland also have placed restrictions on facial analysis technology specifically for use in evaluating job candidates. California and New York have proposed similar legislation to regulate the use of artificial intelligence in assessing job applicants, said Monica Snyder, an attorney with Fisher Phillips in Boston and New York City and a member of the firm's data security and workplace privacy practice.
Illinois enacted its Artificial Intelligence Video Interview Act earlier this year, a law that requires companies using the technology to notify applicants in advance that the technology will be used to analyze their facial expressions, to obtain consent for its use, to explain to applicants how AI works and to destroy video interviews within 30 days if a candidate makes such a request, Snyder said.
"Employers need to tread carefully on how they use this technology," she said.
Appenteng said there's also the issue of getting employee buy-in for using facial recognition technology since many may consider it a risk to their privacy. "Employers may therefore want to consider providing their employees with a notice that explains facial recognition technology in easy-to-understand terms to placate any of those employee concerns," he said.
SOURCE: Zielinski, D. (09 June 2020) "Facial Analysis Technology in the Workplace Brings Risks" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/technology/pages/facial-analysis-technology-workplace-brings-risks.aspx
How Hospitals Can Meet the Needs of Non-Covid Patients During the Pandemic
As there has been many waves of coronavirus cases for many months, health care has seemed to only point to helping those who have been impacted by the virus. Although there are still many cases that test positive for the virus, there has been a dramatic decline in other non-COVID related health issues. Read this blog post to learn more.
During the initial wave of the Covid-19 pandemic, hospitals worldwide diverted resources from routine inpatient critical care and outpatient clinics to meet the surge in demand. Because of the resulting resource constraints and fear of infection, clinicians and non-Covid patients deferred “non-urgent” visits, evaluations, diagnostics, surgeries and therapeutics. Indeed, early in the pandemic physicians and leading public health officials noted a dramatic decline in non-Covid-related health emergencies, including upwards of a 60% decrease in patients with acute myocardial infarctions and strokes.
Drawing on key principles from operations management and applying a health-systems perspective, we propose four strategies to facilitate care of non-Covid patients even as hospitals are stretched to absorb waves of patients with Covid-19.
1. Innovate outpatient management to reduce demand at downstream bottlenecks.
To reduce future bottlenecks in emergency departments (EDs) and hospitals, outpatient clinicians should expand their proactive management of patients at high risk of needing acute or inpatient services, such as those with poorly managed hypertension or diabetes, and triage patients with acute needs to EDs now in order to reduce more serious complications later. This will help reduce potential future spikes in demand on EDs and inpatient beds from non-Covid patients.
While most clinicians have rapidly adopted some form of telemedicine, they will need to increase their digital engagement with high-risk patients in a more targeted fashion. Clinicians should evaluate their patient panels to identify high-risk individuals and initiate telemedicine visits, rather than relying on patients to initiate contact, similar to the process for proactive disease management used by several community health care organizations.
Although high-risk patients will vary by specialty, targeted populations may include patients recently discharged from the hospital and those at high risk for hospitalization, including those with uncontrolled heart failure or active malignancy. To facilitate remote patient monitoring of high-risk patients, clinicians may opt to send telehealth kits tailored to patients’ medical and technological needs. These kits may include connected health devices such as blood pressure monitors, pulse oximeters, and heart rate monitors, and even mobile technology devices such as tablets or smart phones. To most effectively leverage telemedicine during the pandemic, clinicians must also promote multidisciplinary virtual collaboration across primary care clinicians, specialists, social workers, home health clinicians, administrative support, and patients and their caregivers.
2. Combine essential non-Covid inpatient services across hospitals.
To balance demand across hospitals, public health officials should apply a version of the logistics strategy known as “location pooling,” combining demands from multiple locations. Rather than each hospital in a region redundantly providing the full suite of essential inpatient non-Covid clinical services, each of these services should be concentrated at one location. For example, each region should have a single designated cancer center, transplant center, stroke center, and trauma center. Implementing this strategy is fraught with challenges as hospitals are currently organized independently and compete with one another for patients and revenue. Nevertheless, during the initial Covid-19 wave, several hospitals in Boston collaborated to share data on the availability of hospital beds to efficiently route patients based on their clinical need and the available capacity. And centralization of acute stroke care, in which patients are taken to central specialty hospitals rather than the nearest hospital, demonstrates both the feasibility and potential improved outcomes of utilizing this approach in several countries including the United States, Canada, the Netherlands, Denmark, and Australia.
Crises require all possible realizations of economies of scale. Location pooling mitigates variability in service-specific demand faced by each hospital. As demand falls for specific non-Covid services at an individual hospital (e.g., for acute stroke care), hospital administrators can close those services and repurpose the specialty capacity to care of Covid-19 patients with underlying conditions, as discussed below. If all hospitals implement this strategy, not all non-Covid services will be available at every hospital. However, location pooling draws demand from across hospitals, ensuring that as a given hospital loses some patients it gains others, allowing it to maintain sufficient census to remain fiscally viable.
Centrally coordinated regional organization, similar to mass casualty planning, is critical to ensure that each essential service remains fully operational for routine emergencies, while adapting to dynamic changes in the region’s hospital capacity. The number of hospitals to include in location pooling should be determined by weighing the tradeoff of efficiency gains from pooling across more locations versus inefficiencies from increased travel time incurred by patients and emergency medical services.
3. Group hospitalized Covid-19 patients by their underlying clinical conditions.
At the same time that hospitals should be location-pooling specialty services for non-Covid patients, to the extent possible they should place their Covid-19 patients who have serious underlying health issues (e.g., cardiac conditions) with other Covid-19 patients with the same condition. In each of these “cohorted wards,” redeployed clinical staff from the relevant specialty service, such as cardiology, can provide essential specialty care alongside clinicians addressing patients’ Covid-specific care needs.
While such cohorting limits efficiency gains from pooling all Covid-19 patients in one ward, it maintains specialty care for patients who still need it while reducing the additional inpatient capacity strain resulting from patients being dispersed across the hospital. Indeed, prior research demonstrates that displacing patients from cohorted specialty units is associated with prolonged hospital length of stay and more frequent readmissions.
4. Discharge patients into post-acute care based on Covid-19 status.
Nursing home, rehabilitation hospital, and long-term acute care facility leadership should collaborate to establish separate regional, specialized, post-acute care facilities for Covid-19 and non-Covid patients. Sending patients to specialized post-acute care facilities based on their Covid-19 status will facilitate discharge planning, improving patient flow out of the hospital for Covid-19 and non-Covid patients alike. This will relieve strain at ED and hospital bottlenecks while maintaining care quality. Furthermore, having dedicated post-acute care facilities for Covid-19 patients will preserve post-acute care capacity for those recovering from non-Covid illnesses, while lowering their risk of becoming infected.
Challenges to this model include ensuring timely access to Covid-19 testing and rapid test results to guide appropriate patient routing. To prevent discharge delays due to testing constraints, hospitals need to implement rapid tests more widely, and post-acute care facilities should designate quarantine areas for patients to receive care while awaiting results.
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These strategies will undoubtedly be challenging to implement. But now is the time to rethink health care delivery and adopt operations management strategies with demonstrated success that are most promising. This will allow us to be better prepared for future waves of the Covid-19 pandemic.
SOURCE; Song, H.; Ezaz, G.; Greysen, S. Ryan.; Halpern, S.; Kohn, R. (14 July 2020) "How Hospitals Can Meet the Needs of Non-Covid Patients During the Pandemic" (Web Blog Post). Retrieved from https://hbr.org/2020/07/how-hospitals-can-meet-the-needs-of-non-covid-patients-during-the-pandemic
Recruitment Research: A New Way to Find Top Talent
Many HR leaders and hiring managers want what is best for their organization. Prior to the year 2020 starting, a main and common goal was to attract and retain the top talent in their industries. Read this blog post to learn more.
Attracting and retaining top talent was the prevailing crisis for company leaders and HR heading into 2020. That was before a deadly virus wreaked havoc on the nation's economy and the unemployment rate went from a historic low to the highest since the Great Depression. COVID-19 has left millions of Americans out of work, yet some companies are still in a hiring mode. The challenge for hiring managers now is that they must wade through mounds of resumes to find the perfect candidate, and they must do it with a much smaller recruitment budget.
"For many companies, revenues are down, but there are still critical positions to fill," said Kathleen Duffy, president and CEO of Duffy Group, Inc., a global sourcing and recruitment firm based in Phoenix. What may come as a surprise is that some jobs are still tough to fill, she said.
Before the health crisis, companies addressed the talent shortfall by stockpiling high-demand workers with specific skill sets, even if there were no jobs available for them. This included a large percentage of hiring managers—about 77 percent—who hired for positions that did not exist a year earlier, according to research by Korn Ferry.
"Whether in traditional industries such as home health care or technology, or emerging fields like baby tech, CBD products or selfie services, there still don't seem to be enough qualified candidates to go around," Duffy said.
One way to combat the problem is for hiring managers to re-evaluate how they recruit candidates. That means considering approaches beyond adding more in-house recruiters, as well as contracting for retained and contingency searches. One often-overlooked alternative that has emerged in the last decade is recruitment research.
Recruitment Research Defined
An offshoot of the executive search industry, recruitment research is a multistep methodology that targets desired candidates and connects them with employers using a flexible pricing model.
"The process is equal parts detective and skilled salesperson," Duffy said. "It begins with taking a deep dive into the company and its business, and ends with a list of interested, qualified candidates."
At the core of the process is strategy, according to Marcia Mintz, CEO of the Boys & Girls Clubs of Metropolitan Phoenix. When Mintz was hired to lead the organization four years ago, she had two key positions to fill immediately. "I needed to see a diverse pool of candidates with fundraising and staff coaching experience," she said.
Because the internal environment of Boys & Girls Clubs was changing, it was imperative to find leaders who not only had the skills to do the job, but whose personalities would fit into the new culture. The recruitment team leveraged its network to identify passive candidates at top local competitors and nonprofits in other parts of the nation, Mintz said.
"Ultimately, the process helped us increase the scope and quality of candidates while providing a highly cost-efficient alternative to traditional recruitment," she said.
The Building Blocks
Part art and part science, recruitment research entails some key steps. The foundation is a sourcing strategy, which includes an in-depth situation assessment to understand the culture and personality of the hiring company, along with the job's requirements, responsibilities and specific skill set needed. Using a comprehensive intake form, the recruitment team collects data about the company's recruiting targets, geographic preferences, salary and compensation levels, communication expectations, and industry-specific vernacular.
Next comes name generation. Armed with information from the hiring manager and others, the recruiter can identify candidates whose backgrounds, education and experiences dovetail with their company's needs. This is accomplished using a variety of methods, from cold-calling and Internet tools to probing professional organizations, trade shows and chambers of commerce. The goal is to find not only people who are looking for new careers but also those passive candidates who may not be looking at all.
"It's important to think outside of the box," said Victoria McCoy, former executive vice president of organizational strategy at the global information technology company Cyberscout in Cranston, R.I. "That means knowing where the best talent is working today, whether it is at one of your competitors or in another role at your company."
List in hand, the recruitment team is then ready to contact and prequalify candidates as part of the recruitment candidate vetting. Duffy said it is important to create sizzle around why potential hires should consider the opportunity. "In addition to courting the candidate, this is also the time to ask some all-important questions, including their interest in relocating to a particular area, if they have the right education and experience, and if they have a genuine interest in the job the client is trying to fill," she said.
Duffy's firm may search as many as 100 candidates for one position and then present the top three to five most qualified and fully screened candidates for interviews. These candidates are typically seen within 15 days of the start of the search. That's important, given that recruitment research takes a different approach to finding top talent, using a model based on billable hours, much like a CPA or an attorney.
The final step—presentation and reporting—gives hiring leaders a recap of the results and a database of all candidates for the open position that they can keep on hand for future searches.
Recruitment research isn't limited to outside recruitment firms. Internal company hiring managers have the institutional knowledge to use recruitment research effectively as well.
"They should apply the same elements of the process, starting by learning all they can about the company or the business unit for which they are hiring," Duffy said. "And they should put themselves in the candidate's shoes to create a story that will pique interest in the position and differentiate their company from competitors."
Whether internally, externally or as a collaboration, recruitment research can be a cost-effective, efficient approach to helping companies find their next new hire.
SOURCE: Magruder, J. (01 July 2020) "Recruitment Research: A New Way to Find Top Talent" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/recruitment-research-a-new-way-to-find-top-talent.aspx
DOL: Workers whose kids can't attend summer camp can take FFCRA leave
Dive Brief:
- Employees can take paid leave under the Family First Coronavirus Response Act (FFCRA) to care for their children in instances where a child's summer camp or summer program has been shuttered due to the pandemic, the U.S. Department of Labor (DOL) said in a June 26 field assistance bulletin.
- The federal agency said a closed summer camp or program may be considered the place of care for an employee's child if the child was enrolled in the camp or program before the closure. It noted that "affirmative steps" short of actual enrollment may suffice to prove the summer program was intended to be a child's place of care.
- A summer camp or program qualifies as closed for the purpose of an employee qualifying for FFCRA leave if the camp or program is operating at a reduced capacity because of COVID-19, the agency said. For children who would have attended, the same analysis — actual enrollment or affirmative steps toward enrollment — applies.
Dive Insight:
The Labor Department said in the bulletin that "the expectation that employees take FFCRA leave based on planned summer enrollments is not different from the closing of other places of care such as a day care center." DOL says it is not adopting a one-size-fits all rule because of "the multitude of possible circumstances under which an employee may establish (1) a plan to send his or her child to a summer camp or program, or (2) that even though the employee had no such plan at the time the summer camp or program closed due to COVID-19, his or her child would have nevertheless attended the camp or program had it not closed."
If proof of a child's summer camp enrollment is not available, DOL provided several examples of ways that parents can prove a child's planned attendance in a summer program, such as:
- Proof of the submission of an application before the camp's closure.
- Proof of a paid deposit.
- Proof of prior attendance and current eligibility.
- Proof of being on a waitlist.
The agency also said that an employee who requests FFCRA leave must provide the employer information in support of the need for leave either orally or in writing. Such an explanation must include the reason for leave and a statement that the employee is unable to work because of that reason.
SOURCE: Burden, L. (29 June 2020) "DOL: Workers whose kids can't attend summer camp can take FFCRA leave" (Web Blog Post). Retrieved from https://www.hrdive.com/news/dol-workers-whose-kids-cant-attend-summer-camp-can-take-ffcra-leave/580718/
As Jobs Disappear, Employees Hang On to What They Have
As the coronavirus pandemic has caused many to lose their jobs, some still have been able to hold onto their job that they had prior to the pandemic. Those who have been fortunate enough to keep that job, are now holding onto it. Read this blog post to learn more.
Employees spooked by continuing high unemployment are holding on to the jobs they have at rates not seen in nearly a decade.
While typically a sign of employee loyalty, low turnover these days can also signal fear, hopelessness and stagnation. Employers can head off those negative feelings and maintain morale and energy in the workplace by communicating with empathy and giving employees more control over decisions, experts say.
"Feeling trapped in a job can create a lot of challenges, leading to employee disengagement and burnout," said Dennis Baltzley, global head of leadership development at organizational consultancy Korn Ferry. Channeling that angst into helping the company meet the challenges of the coronavirus pandemic can improve engagement and the bottom line, he said.
'Quits Rate' Plummets
According to the Job Openings and Labor Turnover Summary, a monthly report compiled by the U.S. Bureau of Labor Statistics, employees spent the past few years job hopping at historically high rates as the economy and their confidence in the future soared. Then in March 2020, the quits rate—which is the number of jobs quit that month divided by total employment—dipped below 2 for the first time in five years. It fell further to 1.4 in April, the lowest level since April 2011, when the job market was still recovering from the Great Recession.
Typically, quits outnumber layoffs by a wide margin, according to the federal data. But that trend reversed itself in a big way in March 2020, as states began issuing stay-at-home orders to counter the coronavirus pandemic. That month, 11.5 million employees were laid off while only 2.8 million quit their jobs.
In April 2020, another 7.7 million employees were laid off while just 1.8 million quit voluntarily. Meanwhile, only 3.5 million employees were hired into new jobs in April, a low for the 20-year series.
"Right now, most employees are just looking to hang on to the work they do have, rather than trying to find something better. This is particularly true of people in the retail and hospitality industries, areas that have been hit hardest by the coronavirus-led recession," according to an analysis of the data by Quartz. "The weak job market means more people are stuck in jobs that don't fully take advantage of their talents and are generally less satisfied."
Don't Assume Everyone Is Fine
Even if asked directly, employees afraid of losing their jobs aren't likely to express their unhappiness to supervisors. Baltzley recalled a chief executive who marveled at the high satisfaction scores from employees in a recent pulse survey. "I told him, 'They're not fine, they're just not telling you,' " he said. "People put on a brave face. They're going to be grateful to have a job. They will work hard to keep that job, sometimes in unhealthy ways."
To break through that fear and foster a healthier environment, Baltzley recommended that employers:
- Give employees choices when possible to restore some sense of control. This could include the question of working from home. Employees have a range of feelings about returning to the workplace, with some eager to rejoin colleagues while others dread the thought of increased exposure. "You don't want people to feel it's a requirement if it doesn't have to be. If you give people a choice, you relieve the pressure of feeling trapped."
- Listen and watch carefully to evaluate how employees are feeling, because they're not likely to tell you. "Are people short of patience, uncommunicative, not addressing the big picture? That could be a sign of being overwhelmed. If you're carefully listening, you can usually tell where people are."
- Don't double down on control by monitoring remote workers. "You have a bunch of leaders who never had to manage people remotely. They might instinctively want more meetings, more reports, to be sure employees are working, but that is exactly the opposite of what you should do. You want people trying to figure out how to make things happen without you. If they're problem solving, they're more engaged. Otherwise, you will create a workforce that's waiting for instruction."
- Project empathy, even if employees don't indicate they need it. Leaders can do this by describing what's been difficult or challenging for them during the pandemic. "During a crisis, communication is not about providing information. It's about connection."
- Work hard to maintain the new level of trust that may have developed during the past few months of shared hardship. "This experience has broken down a bunch of barriers. You don't want to lose that."
Many Still in Survival Mode
In normal times, the lack of potential for advancement or promotion could lead to employee resentment. But Kimberly Prescott, a human resources consultant in Columbia, Md., who works with a range of small and mid-sized employers, said it's too soon to worry about that.
Prescott noted that safety is one of the most basic needs in Maslow's five-tier hierarchy of motivation. Until a sense of security and safety is restored, most employees won't have the bandwidth to worry much about their status or feelings of accomplishment.
"I think people are happy to have a job right now, based on what I've been hearing," she said. "Job satisfaction at this point is secondary to survival. People are still kind of holding their breath. We're in survival mode: 'I'm alive. I have a job. I have food to eat.' "
To help restore a sense of security and alleviate stress on their workers, employers should go out of their way to communicate the status of the business and what they are doing to ensure the company's survival. This is especially true for employees who've been furloughed and are waiting to be called back.
"This is the time for overcommunicating," Prescott said. "People are hungry for meaningful communication, especially around next steps and business plans. You cannot communicate too much, even if you're saying the same thing week after week. Even if it's just a survey asking how you're feeling, are you able to come back to work?"
SOURCE: Cleeland, N. (02 July 2020) "As Jobs Disappear, Employees Hang On to What They Have" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/afraid-to-leave-job-covid.aspx