You Make the Call: The Decision
(See case on p. 2)

No, the company lost. The company asked to have the case thrown out. But the court ruled that there was enough evidence to surmise that Donna had been passed over because of her age. It allowed the case to proceed.

The comments by the hiring managers may have shown evidence of age bias. In addition, the eventual hire of two people younger than Donna also appeared suspicious, said the court.

What it means: Call it what it is!

If you’re hiring for a new position or looking to promote someone, you’re certainly entitled to look for someone who’s eager and ready to learn technology if that’s part of the job. However, keep in mind that people of any age may possess those characteristics, not just younger people.

To ensure that you’re not inadvertently hiring based on youth, consider making a list of all the applicants and their qualifications – but not their names or ages. You can even account for hard-to-quantify qualities, such as attitude and enthusiasm, by ranking people on a one to 10 scale.

Then, do a blind comparison based on what’s on the paper in front of you. Have an impartial colleague provide some input as well. That way you can ensure that everyone is being evaluated on a level playing field. Based on Sedeinik v. City of Bridgeport.

Submitted by Amy Kaderi. Legal Alert for Supervisors—August 2011 edition.

Alert

NLRB Delays Posting Rule

In response to various concerns raised by business and industry leaders, and perhaps to lawsuits filed by the U.S. Chamber of Commerce and others, the NLRB has announced that the date by which covered employers must post the Board's controversial new notice informing employees of their right to engage in union activity and of other rights and provisions of the NLRA has been postponed to January 31, 2012. The Board gave as its reason a desire to engage in education and outreach to employers so as to encourage voluntary compliance. It is possible that by this new date there will be some guidance from the courts regarding the Board's ability to impose this new requirement on employers, or some shift in the NLRB's position. If either occurs, we will of course let you know. In the meantime, employers do not have to post the notice in November, as previously announced.
Wimberly Lawson Wright Daves & Jones, PLLC Newsletter 10/06/11

Have you ever thought about how you got to where you are now? How did you end up as an HR professional? Maybe you planned from childhood to work in HR or maybe you ended up in HR by some random occurrence of events in your career? However, you got here – here you are!!!!

In my humble opinion one of the best things that you can do to re-enforce your HR credentials is to seek an HR certification. As much as I feel strongly about membership in SHRM, an HRCI certification ranks near the top as an important part of your resume.

The HR Certification Institute (HRCI) offers four certifications that cover all HR disciplines. Your scope of work and depth of experience will determine which exam is best for you.

Professional in Human Resources (PHR®)

Senior Professional in Human Resources (SPHR®)

Global Professional in Human Resources (GPHR®)

California Certification (PHR-CA® and SPHR-CA®)

More than 108,000 HR professionals have earned HR certification. Earning your HR certification can give you a competitive edge in today’s economy. Take a look at the HR job postings. More and more job listings say HR certification is “required” or “preferred.”

If you’re an HR professional, when you become HR certified, you

show you know the most current principles and core practices of HR management

become more marketable when you compete for top HR positions

raise your professional confidence among your staff and your peers

When employers hire certified HR professionals, they also hire peace of mind that those staff members (1) have mastered the knowledge they need to manage the organization’s human resources and (2) are staying current on changes to HR laws and core practices.

To learn more about certification eligibility requirements visit the HRCI website at www.hrci.org.

By Debbie Davenport, PHR

With credit to the HRCI web-site: www.hrci.org

Tennessee Lawful Employment Act

The Tennessee Lawful Employment Act is designed to curtail the employment of illegal immigrants in Tennessee by requiring businesses to collect and maintain documentation proving that employees and other persons who provide labor or services, such as independent contractors, are eligible to work in the United States. Enacted June 7, 2011, the Act requires employers to use E-verify, or to maintain documentation of legal residency or valid U.S. work authorization, for all employees hired after the effective dates.
The law takes effect for governmental entities and private employers with 500 or more employees on January 1, 2012. Employers in Tennessee, Georgia, and South Carolina must comply by this date. Employers in Alabama must enroll in E-Verify before April 1, 2012. On July 1, 2012, the Act will apply to private employers with 200-499 employees, and all employers with more than six employees will be subject as of January 1, 2013.
Employers who choose the E-Verify option will have full legal protection. The Tennessee State Department of Labor may review an employer's compliance with this law: 1) in conjunction with any other labor or workers' compensation investigation or inspection; or 2) based on a complaint by a lawful resident of Tennessee accompanied by "satisfactory evidence of a violation." Violations of the Act can result in stiff financial penalties.
For more information, please visit the USCIS E-Verify home page at http://www.dhs.gov/e-verify.

Average Annual Premiums for Family Health Benefits Up 9%

After several years of relatively modest premium increases, annual premiums for employer-sponsored family health coverage increased to $15,073 this year, up nine percent from last year, according to the Kaiser Family Foundation/Health Research & Educational Trust 2011 Employer Health Benefits Survey released last month. Premiums increased significantly faster than workers' wages (2.1 percent) and general inflation (3.2 percent). Last year's survey showed an increase of only three percent.
While there have been questions about the effect of health care reform on premiums, Kaiser's president Drew Altman, Ph.D., stated in a recent article that the two biggest changes from health care reform to take effect this year (increased age for dependent coverage and no-cost preventive service coverage) account for a total of only one to two percentage points of this year's increase.
A recent article in Business Insurance pointed out that other surveys have produced different numbers on the rate of cost increase. The Federal Employees Health Benefits Program, which covers federal workers and their families, saw an average increase of 7.3% this year, and a 2010 Mercer LLC survey projected an increase of 6.4% in 2011. However, they have not yet released their findings on the actual cost increase for 2011.
Despite the big jump this year, a press release from Mercer stated that early responses from a survey they are still conducting suggest that the rise in health benefit costs for 2012 will slow to 5.4%, which would be the lowest percentage increase in 15 years. Both Articles taken from Cowan Benefits Services – Oct. 2011

Generation X Fails to Match Their Parents' Living Standards

Men in cohort are 36% more likely than Boomers to be out-earned by their spouses – 09/21/11

Despite being the smallest U.S. generation (46 million), Generation X might be “the most critical generation of all” for employers, according to a study by the nonprofit Center for Work-Life Policy.
Generation X is of an age that should put them at the prime of their lives and careers, stepping into crucial leadership roles and starting families. However the study, The X Factor: Tapping into the Strengths of the 33- to 46-Year-Old Generation, reveals that because of challenges and circumstances out of their control, Generation X is taking a different life path.
The study drew on virtual strategy sessions, focus groups, one-on-one interviews and a survey of 2,952 U.S. college-educated men and women in white collar occupations.
Perhaps the most surprising finding was the exceptionally large number of Generation X who are choosing not to have children. Their extreme work schedules (nearly a third of high-earning Generation X work 60-plus hours a week), strong career ambition, current economic challenges and changing mores and life choices are factors that contribute to their high level of childlessness compared to other generations.
Generation X, born between 1965 and 1978, might be called the “wrong place, wrong time” generation, according to the study. They were hit by an economic triple whammy: college-related debt, multiple boom and bust cycles (including the 1987 stock market crash occurring just as Generation X entered the work force), and the housing slump. As a result, Generation X is the first generation not to match their parents’ living standards.
Boomers Not Retiring
While these economic woes have impacted most generations, they have hit Generation X the hardest in their work lives. Because of their financial concerns, Boomers are not retiring and are choosing instead to work an average of nine years longer than expected. This delays Generation X’s career progression; they feel stalled in their careers and dissatisfied with their rate of advancement.
Yet the turmoil and instability that have been an integral part of their lives have yielded unexpected benefits in the work world. Having been front and center for every major economic crisis of the past 30 years, Generation X possesses the sort of resilience that organizations need as they face an uncertain future, the study found.
Most important, Generation X are masters at mastering change—a skill set critical in every company today. They have been laid off, restructured, outsourced, reorganized and relocated more than any other generation in modern times—yet they are hugely hard-working and ambitious, eager to amplify their talents by learning new skills and garnering new experiences. However, employers must take warning: These strengths risk being nullified by diminished loyalty, declining engagement—and increasing apathy.
Top Findings:
Among the key takeaways from the study:
• A surprisingly large number of Generation X are delaying or even opting out of parenting: 43 percent of Generation X women and 32 percent of Generation X men do not have children.
• Among nonparents, 60 percent of women and 36 percent of men feel that their personal commitments are perceived as less important than those of colleagues with children.
• Despite having been nicknamed the “slacker generation,” Generation X enrolled in higher education in record numbers. Over a third of Generation X hold bachelor’s degrees and 11 percent have graduate degrees.
• Generation X is highly ambitious, and their ambition is nearly gender neutral: 75 percent of women and 72 percent of men consider themselves ambitious.
• Thwarted by Boomers who can’t afford to retire and threatened by the prospect of leap-frogging Millennials, 41 percent of Generation X are unsatisfied with their current rate of advancement and 49 percent feel stalled in their careers.
• Debt determines many of Generation X’s career choices, with 43 percent saying that their ability to pay off their student loans is an important factor in their career choices and 74 percent saying the same about credit card debt.
• The vast majority (91 percent) of Generation X women and 68 percent of Generation X men are part of a dual-earning couple. More than a third (36 percent) of Generation X women out-earn their spouses.
• Women and minorities made up 64 percent of graduates during the Generation X college years. Many Generation X minorities are the first in their family to graduate from college: 49 percent for African-Americans and 54 percent for Hispanics, compared to 33 percent of Caucasians.
For employers worldwide, the Generation X factor is crucial to success, but few corporate programs are directed at their needs. Smart organizations will seek to understand what motivates them in order to sustain, retain, realize and maximize their potential. Solutions include offering alternative opportunities to Generation X when they cannot be promoted vertically and making sure that Generation X members without children receive the same flexibility as those with children.
Members of Generation X might have become accustomed to being invisible but “the X Factor” proves that no company can afford to ignore them now.

Article from Society from Human Resource Management online. Written by SHRM Online Staff. Retrieved from http://www.shrm.org/hrdisciplines/benefits/Articles/Pages/GenX.aspx