Don’t ERACE Your Due DiligenceDon’t ERACE Your Due Diligence

Best PracticesBest Practices

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ObjectiveObjective

Our objective today is to examine several emerging workforce issues, and discuss current Best Practices that can help mitigate the challenges these factors present.

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AgendaAgenda

I. Workplace Bullying

II. Social and Professional

Networking Sites

III. Hiring and the ADA

IV. Ex Offenders-Windfall or

Waste?

V. Open Discussion

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Workplace BullyingWorkplace Bullying

• Workplace Bullying-New term

for an old practice

• Workplace Bullying Institute

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What is Workplace Bullying?

What is Workplace Bullying?

• Workplace Bullying Institute defines Bullying as: the repeated, harmful mistreatment of one or more persons (the targets) by one or more perpetrators.

• Most Definitions closely parallel harassment

policies – Aon Corporation– The State of North Dakota

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How Pervasive Is Bullying?How Pervasive Is Bullying?

• 54 Million Employees affected

by bullying

• One study of Federal

Employees reported a loss of

more than $180 Million in

productivity in just 2 years

• A UNC study found that 12% of

those who were bullied actually

left their place of employment

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Which States Have Specific Laws Against Workplace

Bullying?

Which States Have Specific Laws Against Workplace

Bullying?

• No laws yet enacted

• Several states have proposed

legislation: California MissouriOklahomaConnecticut Montana

OregonHawaii New Jersey

VermontKansas New YorkWashingtonMassachusetts

• A Recent Indiana supreme court case sets precedent– Employee awarded $325,000– Additional workers may follow

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• Litigation costs

• Decreased morale and innovation

• Increased turnover

• Negative impact on productivity

• Increased leaves of absence

The Consequences of Bullying

The Consequences of Bullying

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Best Practices Against Bullying

Best Practices Against Bullying

• Modified Harassment Policy

• Employee and Management Training

• Employee Assistance Programs

• Background Checks

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Social and Professional Networking Sites

Social and Professional Networking Sites

• Facebook, MySpace, LinkedIn,

etc.

• Utilized by

– Millions of Americans

– Hiring managers across the

country

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Potential BenefitsPotential Benefits

• Provides additional sources of

information

• May help to achieve a better

employee/company fit

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Potential ProblemsPotential Problems

• Utilization could lead to claims of discrimination and other legal risks

• Searches may violate the Fair Credit Reporting Act

• Use may alienate younger workers

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Best PracticesBest Practices

• Implement and enforce consistent company-wide policy on organizational usage

• Inform applicants and employees of use

• Apply same standards to new hires as to current employees

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Hiring and the ADAHiring and the ADA

“The Americans With Disabilities Act of 1990 prohibits discrimination in all employment practices including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions and privileges of employment”

-United States Congress, 1990

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ADA Hiring PracticesADA Hiring Practices

• Conduct consistent interviews– Evaluate knowledge, skills and

abilities– Don’t ask– Stay informed

• Enact an Accommodation Policy

• Develop community relationships

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ADA Best PracticesADA Best Practices

• Gain Leadership/CEO support

• Develop diversity objectives for managers

• Assign dedicated recruiter

• Move accommodations budget to HR

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Bernie EbbersBernie Ebbers

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Martha StewartMartha Stewart

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Timothy McVeighTimothy McVeigh

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Jamal LewisJamal Lewis

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Homer SimpsonHomer Simpson

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Ex-Offender: Windfall or Waste?

Ex-Offender: Windfall or Waste?

• Ex-Offender-any individual who has previously been convicted of a crime, primarily felonies.

• State level felonies=probationary sentences or terms of imprisonment

• Federal level felonies=terms of imprisonment

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Ex-Offender StatisticsEx-Offender Statistics

• 1 in every 15 people in the US will serve a prison term in their lifetime

• 1 in 3 African American males will serve prison terms

• January 2008: 1 in every 99 adults were sentenced prisoners

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Ex-Offender Statistics cont.Ex-Offender Statistics cont.

• Average annual cost of housing a Federal inmate: $24,992 (State inmate: $22,650)

• Average annual cost of ex-offender on Federal supervision: $3621.64

• 29.9% of released offenders were rearrested for felony/serious misdemeanor within 6 months; 44.1% within 1 year; 67.5% within 3 years

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Why So Many Repeat Offenders? Employment

Why So Many Repeat Offenders? Employment

• 84.9% of Ex-offenders whose

supervision was revoked and

who were returned to prison,

were unemployed

• Unemployed offenders are

“over 5 times more likely to

have their supervised release

revoked than those with a full-

time job.” –Michael Ebert, PhD

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Barriers Facing Ex-Offenders

Barriers Facing Ex-Offenders

• External BarriersLimited education DisabilitiesIdentification

ClothingChildcare/Transportation

Housing

• Internal BarriersSocial stigma Self-

conceptInternal locus of control

Negative attitudesRacism Substance

abuseDecision-making difficulties

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Myths and MisconceptionsMyths and Misconceptions

• Ex-Offenders are:– Lazy/Unmotivated– Unreliable– High Risk/Dangerous– Uneducated– Lacking in appropriate skill-

sets– Without a positive social

network

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The Judicial SystemThe Judicial System

• Prior Law Enforcement Attitude– “War on Drugs”– “Three Strikes”

• While this attitude may be well suited for investigative agencies, it may be problematic for agencies designed to help transition ex-offenders back into general population

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The Judicial System: Philosophical ChangesThe Judicial System:

Philosophical Changes

• Budgetary

• Relevant Legal Opinions

• Crack Retroactivity

• Generational Shift

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The Judicial System: New Mindset

The Judicial System: New Mindset

• Defendant Offender Workforce Development Program (DOWD)

• Federal Bonding Program

• Federal Work Opportunity Tax Credit (WOTC)

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The Solution The Solution

• Businesses see ex-offenders as positive work capital

• Ex-offenders begin to create a profile that makes them more attractive in the workplace

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Best PracticesBest Practices

• Apply comprehensive criminal records search

• Establish law enforcement contact

• Dialogue with ex-offender

• Develop line of communication with ex-offender’s supervision officer (if applicable)

• Treat ex-offenders with respect

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Open DiscussionOpen Discussion

• Questions?

• Best Practices Summary