sampl e i ssue

sampl e i ssue
supervisors checklist for termination/discipline
preparing to be tomorrows leader today
the power of encouraging your employees
pre-planning: the key to problem solving
is your leadership strong enough?
three pilars of strength to help leaders in tough times
labor law for supervisors
help your manager & help yourself:
how your supervisor can help you climb
the corporate ladder
supervisors checklist for termination/discipline
preparing to be tomorrows leader today
robert d. ramsey, ed.d
the power of encouraging your employees
ben glenn
pre-planning: the key to problem solving
ken fracaro
is your leadership strong enough?
three pilars of strength to help leaders in tough times
joelle jay, ph.d.
labor law for supervisors
mary-kathryn zachary, j.d.
help your manager & help yourself:
how your supervisor can help you climb the
corporate ladder
kim goff
sampl e i ssue
Publisher
Michael S. Darnall
Editor
Todd M. Darnall
Publications Coordinator
Todd M. Darnall
ContributingEditors
Mary-Kathryn Zachary, J.D.
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33
supervisors checklist for termination/ discipline
Clifford M. Koen, J r. & Michael S. Mitchell
Y
ou take pride in your work and
i n t he work of your
employees, and you always try to
hire the best qualified people. You
work di li gently to educate, trai n,
coach and counsel ever ybody i n
your work group. Unfortunately,
it has become painfully obvious to
you t hat you must consi der
terminating one of your employees.
The empl oyee has made i t cl ear
that he intends to hire an attorney.
Under the best of ci rcumstances,
this will likely be a stressful ordeal.
You know t o check your
employers policies and procedures
t hat govern how t hi s must be
accompl i shed. You al so have a
worki ng knowl edge of t he
seemi ngl y countl ess federal and
state laws that must be taken into
consideration. The last thing your
career needs is to have an employee
successf ul l y sue your empl oyer
because of your mi stake. If only
you coul d qui ckl y and properl y
assess t he si t uat i on, i t woul d
reli eve your anxi ety and help get
this unpleasant task behind you.
Introduction
This article addresses the concern
super vi sors of t en have wi t h
respect to disciplining employees.
We provi de a checkl i st of
questi ons for the super vi sor to
revi ew bef ore t aki ng act i on.
Di sci pl i nary acti on can take the
f orm of a vari et y of act i ons
including a verbal warning, written
warning, suspension or termination.
General l y, the more seri ous the
act i on, t he more l i kel y t hat a
formal complaint will be filed by
an employee.
It is not within the scope of this
art i cl e t o address al l t he l aws
impacting disciplinary actions nor
t o address al l of t he possi bl e
questions and issues that may arise
when di sci pl i ni ng an empl oyee.
And, of course, nothi ng i n thi s
art i cl e shoul d be const rued as
l egal advi ce. Empl oyers shoul d
seek the advice of a knowledgeable
at t orney when resol vi ng i ssues
associ at ed wi t h any t ype of
disciplinary action, since laws may
var y subst anti al l y from st ate to
state.
Obvi ously, no li st of questi ons
can address all the possible factors
and si tuati ons that may ari se i n
vari ous di sci pl i nar y act i ons.
Si mi l arl y, such a l i st cannot
provide any sort of immunity from
a lawsuit. But, by reviewing and
t hought f ul l y answeri ng t he
questi ons li sted i n thi s arti cle, a
super vi sor may reduce t he
likelihood of becoming entangled
i n cost l y, t i me-consumi ng
l i ti gati on and possi bl y havi ng to
reinstate an undesirable employee.
Termi nat i ng (or ot her wi se
disciplining) a poor employee only
to have the empl oyee rei nstated
because of a supervisors mistake
could be a devastating blow to the
supervisors credibility and to the
supervi sors career.
Touch All the Bases
Termination can be risky and can
devel op i nto a ni ghtmare i f not
done properly. The best way to
avoi d a l awsui t i s t o defuse i n
advance the claims and arguments
an employee might make to fight
4
his or her dismissal. Typical claims
an employee might make in a legal
proceeding include discrimination
based on criteria such as age, race,
gender, rel i gi on, di sabi l i t y,
national origin, retaliation, lack of
due process or any one of dozens
of other claims that may be made
under federal and state laws.
A. In a non-union setting
General l y, t o uphol d a
di sci pl i nar y act i on i ncl udi ng
discharge, courts typically require:
1) consi stency; and 2) cl ear and
convi nci ng documentati on of the
poor perf ormance or i mproper
behavi or; as well as proof that 3)
t he empl oyee was aware of
empl oyer and super vi sor
expectations; 4) the employee was
informed about poor performance
or i mproper behavi or; and 5) the
empl oyee was gi ven reasonabl e
opport uni t y t o i mprove
performance or behavior.
B. In a unionized setting
If the disciplinary action occurs
in a unionized setting, the key issue
is usually whether the discipline of
the employee i n questi on was for
j ust cause. The concern over
j ust cause ref ers t o l anguage
typi cal l y found i n the col l ecti ve
bargaining agreement.
Generally, to determine whether
just cause exists in a disciplinary
act i on, t hree el ement s must be
considered: 1) employee must be
provided with due process (i.e., the
process used must be fair in form
and in application); 2) there must
be suf f i ci ent evi dence of t he
empl oyee s behavi or or poor
perf ormance; and 3) t he
puni shment chosen by t he
empl oyer must be appropri at e
under the circumstances. It is all
about what i s f ai r under t he
ci rcumstances. A system that i s
fai r and i s fai rl y appl i ed to al l
empl oyees wi l l l ess l i kel y be
attacked by disgruntled employees
and wi l l more l i kel y resul t i n a
legally valid disciplinary action if
challenged in court.
What consti tutes j ust cause
usually is defined on a case-by-case
basis. But an often cited and well
established measure of just cause
is commonly known as the Seven
Tests of just cause. See Grief
Bros. Cooperage Corp., 42 LA
555 (1964), Enterprise Wire Co.,
46 LA 359 (1966), Sher wi n-
Williams Co., 56 LA 101 (1971).
The f ol l owi ng f act ors are
consi dered:
1. NOTICE - Di d the employer
gi ve t he empl oyee reasonabl e
warni ng of t he possi bl e or
probabl e di sci pl i nar y
consequences of the empl oyees
conduct?
2. REASONABLE RULE - Was
the employers rule or managerial
order reasonably related to a) the
orderl y, ef f i ci ent , and saf e
operation of the business, and b)
the performance that the employer
mi ght properl y expect of t he
empl oyee?
3. INVESTIGATION - Di d the
empl oyer, before i ssui ng
di sci pl i ne, make an ef f ort t o
di scover whet her t he empl oyee
vi ol ated or di sobeyed a rul e or
order of management?
4. FAIR INVESTIGATION -Was
t he empl oyer s i nvest i gat i on
conducted fairly and objectively?
5. PROOF - At the investigation,
di d t he empl oyer obt ai n
subst ant i al evi dence t hat t he
employee was guilty as charged?
6. EQUAL TREATMENT - Has
t he empl oyer appl i ed i t s rul es,
orders, and penal t i es
evenhandedl y and wi t hout
di scri mi nati on?
7. APPROPRIATE PENALTY -
Was t he degree of di sci pl i ne
admi ni st ered by t he empl oyer
reasonabl y rel at ed t o a) t he
seri ousness of t he empl oyee s
proven offense and b) the record
of the employees service with the
empl oyer?
These seven quest i ons hel p
analyze the circumstances in terms
of fai rness and due process. A
no answer to one or more of
these questi ons means that just
cause either was not satisfied or
at least was seriously weakened in
that some arbitrary, capricious, or
di scri mi nat or y el ement was
present. And even though these
f act ors ori gi nal l y arose i n an
arbi t rat i on set t i ng, t hey are
applicable in non-union settings as
wel l .
55
Termination/Discipline Checklist
The following twenty-five questions encompass the seven issues listed on the previous page and include some of
the most important questions that every supervisor should ask before terminating an employee (or proceeding
with any other disciplinary action):
1. Have I got all of the facts, and has a proper, thorough investigation been conducted to verify those facts?
2. Is the proposed disciplinary action for this employee consistent with the treatment others have received
for the same offense? In the same department or other departments?
3. What is the employees past disciplinary record?
4. What is the employees service record?
5. Is the rule that has been violated a reasonable one?
6. Has the rule been applied in a reasonable way in this case?
7. Did the employee know the rule? If not, is it reasonable to think the employee should have known the
rule?
8. If the issue is performance, has the employee been given fair warning(preferably in writing) concerning
the seriousness of his or her conduct? (This would not apply for serious misconduct, such as fightingon
the job or sabotage, where there is irrefutable proof.)
9. Was there a record made of such past warning, and is it on file? Who gave the warning? When?
10. Have similar past violations resulted in little more than a verbal reprimand or even been overlooked?
11. Does my organization have a past record of strict enforcement for similar offenses? If not, have employees
been warned of the intention to strictly enforce the rule?
12. Have I observed all rules and followed proper preliminary procedures includingmy employers disciplinary
policies and procedures?
13. Was there a personal problem that may have contributed to the employees action?
14. Does the employee have a reasonable excuse?
15. Was the employee given a reasonable opportunity to improve?
16. Was the employee offered a reasonable amount of help and did the employee take advantage of that help?
17. Did the employee know what was expected of him- or /her?

















6
18. Am I beingfair, unbiased, and level-headed, or am I reactingagainst the employee because of a
personality clash, because there was a challenge to my authority, or because of a complaint (either
formal or informal) made by the employee?
19. Can I prove the employees guilt by direct, objective evidence, or am I relyingonly on circumstantial
evidence or suspicion?
20. What effect will the discharge (or failure to discharge) have on other employees and how will it
affect morale?
21. Is the timingof the discharge correct (e.g., to avoid the appearance of retaliation)?
22. Does the punishment fit the crime?
23. What possible alternative is there to discharge?
24. Are we dealingwith a potential claim of employment discrimination or wrongful discharge?
(e.g., could factors such as age, gender, race, religion, disability, or national origin be an issue?)
25. Do I need assistance from my superior, the human resources department, or outside counsel?








By answeri ng al l of t hese
questi ons you can li kely di scover
the weaknesses i n the companys
case before they become a problem.
Also, an employer can more likely
show that i ts di sci pl i nary acti on
was based on just cause, and as
a resul t , i t shoul d be bet t er
prepared to defend itself against a
cl ai m of empl oyment
di scri mi nat i on or wrongf ul
di scharge.
One final word of advice may be
parti cularly helpful when deali ng
wi t h an empl oyee f ace-t o-f ace.
Keep your emotions in check. If
necessar y, cal l a hal t t o t he
di scussi on. One i nadvert ent
comment made duri ng a heated
di scussi on coul d come back t o
haunt you if a formal complaint is
f i l ed by t he empl oyee. The
bot t om l i ne i s t hi s: don t
shoot f rom t he hi p and f i re
someone wi thout gi vi ng the facts
some seri ous t hought and
scrutinizing all relevant aspects of
the si tuati on.
Conclusion
When taking disciplinary action,
employers will be faced with some
di ffi cult deci si ons that wi ll often
have seri ous l egal i mpl i cati ons,
and there is no magic formula that
can i nsul at e an empl oyer from
liability. Each case is different and
requi res sensi t i vi t y and sel f -
di sci pl i ne on t he part of al l
i nvol ved.
Whi l e t he maj ori t y of
disciplinary actions that occur do
not result in any formal complaint
or l i t i gat i on, t hose t hat do
generally could have been avoided
or easi l y defended wi th mi ni mal
planning and effort. The key is to
properly assess the ci rcumstances
surroundi ng t he act i on, act
consistently with past actions, and
properly structure the disciplinary
acti on.
Cl i f ford M. Koen, Jr. i s an
Associ ate Professor of Busi ness
Law at East Tennessee St at e
Uni versi t y. He conduct s
semi nars f or empl oyers on
management and empl oyment
mat t ers i ncl udi ng sexual
harassment , di sci pl i ne,
performance appraisal, and EEO
l egi sl ati on.
Michael S. Mitchell is a partner
i n t he New Orl eans offi ce of
Fisher & Phillips LLP, a law firm
speci al i zi ng i n l abor and
employment matters. He is also
an adj unct prof essor at t he
University of New Orleans.
S
V
7
preparing to be tomorrows leader today
Robert D. Ramsey, Ed.D.
E
ver yt hi ng s changi ng. No
matter what fi el d you work
i n, t he eart h i s shi f t i ng. Any
supervisors or managers who lead
t omorrow l i ke t hey l ead t oday
should have quit leading yesterday.
Those supervisors, who intend to
lead and succeed in the years ahead,
need t o prepare t o become
tomorrows leader today. It starts
by forecasti ng what super vi si on
may look like in the future.
A Peek Ahead
No one has a crystal bal l ; but
many f ut uri st s and busi ness
vi si onari es agree t hat busi ness
l eadershi p wi l l f eat ure t he
following five characteristics in the
decades ahead:
The future starts today, not tomorrow.
Pope John Paul II
1. Portable Leadership. I ts
happeni ng today. I t wi ll be the
norm t omorrow. A career i n
super vi si on wi l l i ncreasi ngl y
become a moveabl e f east .
Managers will no longer be stuck
i n t he same organi zat i on,
di sci pl i ne or, even, t he same
industry for their entire work life.
True l eader shi p i s por t abl e.
What works on the factory f loor
often works in the boardroom as
well. Likewise, what succeeds in
the corporate world can work i n
non-prof i t organi zat i ons t oo.
That s why a ret i red mi l i t ar y
officer may be able to successfully
run a school di stri ct or a CEO
from the auto i ndustry may end
up l eadi ng an I nf ormat i on
Technol ogy company.
Leadership is leadership wherever
you fi nd i t. More i mportant, i t
is a commodity that will continue
to be in high demand in all fields.
Tomorrows supervisors will apply
t hei r expert i se i n a vari et y of
settings. If youre in it for the long
haul, dont get too tied to any one
product , ser vi ce, company or
i ndustr y.
Not so long ago, a popular TV
series set in the Old West featured
a nomadi c gunsl i nger whose
business card read, Have gun, will
travel . Thi s coul d wel l be the
mant ra of t omorrow s mi ddl e
manager as well. What wi ll your
business card say in the future?
2. Boundary lessWork Environment.
In todays rapidly changing global
economy, work can no longer be
limited to a specific time or place.
Neither can supervision.
Four walls and a fi xed 9-5 shi ft
don t work as wel l when your
cust omers and compet i t i on are
8
scattered all over the world. With
l apt ops, smart phones and f ax
machi nes, work can now be done
anywhere, anyti me.
Best Buys pioneer Results Only
Work Envi ronment (R.O.W.E.)
program i s a good example. The
boundary less work environment is
comi ng, i f i ts not al ready where
you work.
Dont get too comfortable in your
of f i ce. You may not have one
tomorrow. I nstead, get ready to
work whenever and wherever youre
needed. The worl d wi l l be your
office in the future.
3. Multiple Missions. As
t echnol ogi es and economi es
change, corporate and company
mi ssi ons wi l l have t o f orm,
transform and reform as well. By
necessi ty, they must conti nuously
morph i nto new vi si ons, passi ons
and purposes. Seri al vi si ons and
constantl y evol vi ng mi ssi ons are
rapidly becoming business as usual.
I f you want to get a l eg up on
t omorrow, be passi onat e about
todays mi ssi on, but remai n open
to new and emergi ng mi ssi ons at
the same time. Theres no law that
says you cant swi tch mi ssi ons i n
midstream as realities are realigned.
4. Talent-Driven Job Descriptions.
Leaders can only be as strong as the
experti se and ski l l of thei r staff,
team or crew. Thats why the best
super vi sor s excel at scout i ng,
recruiting, igniting and maximizing
t al ent . Tomorrow s l eaders wi l l
have t o be even more t al ent -
friendly. You can start today.
Too often, the best talent in the
workpl ace i s wasted by assi gni ng
workers to tasks and functions that
dont match thei r strengths. I n
many organi zat i ons, a j ob
descri pti on i s defi ned and, then,
the supervisor or foeman sets out
to find or force an employee to fit
t he prescri bed f unct i ons. Too
often, i t doesnt work out.
Requi ri ng workers to perform
tasks or duties that they cant do,
don t know how t o do, don t
want to do and dont like to do is
al ways nonproduct i ve and,
frequently counterproducti ve.
A better approach in the future
wi l l be t o bui l d on exi st i ng
strengths by shapi ng jobs around
each employees unique gifts. Why
not start with the talent and build
the j ob around i t? When what
workers do best i s thei r job, you
virtually guarantee success.
When employees are allowed to
actually use their real talents on real
work, t hey re happi er, more
effi ci ent , more product i veand
more l i kel y t o st ay wi t h t he
organi zati on.
5. Targeted teams. Traditionally,
managers have assi gned problems
and projects to whatever division,
department or team that seemed
most l ogi cal , appropri at e,
conveni ent or handy.
Unf ort unat el y, t he workers
recei vi ng assi gnments i n thi s way
are not always the best people for
the job.
I nstead, a growi ng number of
i nnovat i ve super vi sors are now
f ormi ng short -t erm,
interdisciplinary teams with special
experti se to handl e the toughest
assi gnment s. Thi s soon may
become the prevailing practice. It
only makes sense to put the best
brai ns avai l abl e to work on the
most di f f i cul t chal l enges, no
matter where they come from or
usually work in the organization.
If you are already using targeted
teams to get the most difficult jobs
done, youre ahead of the curve.
If not, youre playing catch-up.
Spotting trends, anticipating new
di recti ons and i ni ti ati ng changes
(like those above) are key ways to
prepare f or bei ng one of
tomorrow s l eaders. And so i s
get t i ng bet t er at what you do
today.
The More Things Change, The
More They Stay the Same
Even in the midst of upheaval,
there are sti l l some basi cs that
never change and can hel p
supervisors stay on course. Tools,
t echni ques and t arget s may
change, but the following laws of
leadershi p dont:
Business begins and ends with
customers.
Passion trumps talent.
Hard work still works.
Integrity counts.
The Golden Rule still rules.
Good service is as important
as good products.
Leadership is mostly removing
obstacles.
Successisbuilt on relationships.








9
Obvi ousl y, tomorrows l eaders
will need to learn new lessons and
adjust to new realities. But first,
they have to become grounded in
the fundamental precepts above
that transcend time and place and
provi de t he f oundat i on f or
continuous career-long success.
Of course, i ts not just selected
basi c precepts that never change.
Some basi c ski l l s are ti mel ess as
well. As a leader i n todays (and
tomorrow s) gl obal marketpl ace,
you will need to master some new
skills. At the same time, many of
the skills that serve you well today
will remain essential in the future,
i ncludi ng
communicatingskills
mentoring and modeling skills
visioningskills
teachingand learning
skillsplanningskills
motivatingskills
organizingskills
evaluatingskills
Part of preparing to be a leader
i n the future i s honi ng the ski lls
that work best in the present. Star
athletes know that the fundamental
skills in their sport never become
obsolete. It works the same way
for super vi sor s, manager s and
foremen.








A Final Word
The best time to start preparing
to be a leader in the future is now.
This means studying, anticipating
and prepari ng f or f ut ure
developments and staying ahead of
the curve. It also means packing
up the best of todays knowledge
and ski l l s to take wi th you i nto
the future.
Leadershi p i s portabl e. So i s
medi ocri ty. I f youre not at the
top of your game today, you wont
be ready to play with the big boys
tomorrow.
S
V
Dr. Robert D. Ramsey i s a free
lance wri ter wi th extensi ve front-
line experience in supervision and
human resource management. He
is also the author of more than 20
successful professional books and
a f requent cont ri but or t o
Supervi si on and numerous other
popular journals and newspapers.
10
the power of encouraging your employees
Ben Glenn
I
f youve invested in the stock
market or real est at e, t he
sl umpi ng economy has probabl y
led you to take up new hobbies like
screaming, crying, or tearing your
hai r out. Everyone i s looki ng for
safe investments that offer the best
ROI . For busi nesspeopl e, t he
suref i re wi nners are your
empl oyees. Speci fi cal l y, i nvesti ng
encouragement and support i nto
the people that you work with.
Every ti me a busi ness makes a
deposit of encouragement into an
empl oyee, theres an opportuni ty
for instant return, whether its an
up t i ck i n t hei r moral e and/ or
t hei r performance. As a bonus,
t here s t he possi bi l i t y f or
encouragement to build and create
long-term return. You will have an
employee that enjoys their job and
regul arl y goes above and beyond
thei r job descri pti on. Naturally, a
support i ve work envi ronment
supports better work.
A good way t o l ook at t hese
manageri al efforts i s to call them
creating joy on the job. The key
to bei ng a good admi ni strator i s
recogni zi ng where you are strong,
but al so recogni zi ng your
weaknesses. Surround yourself with
peopl e who can fi l l t hose weak
poi nt s. Bui l d t hem up i n t hose
areas so t hat t hey l l enj oy what
theyre doing and do a better job.
Its often not easy to get your staff
to enjoy their jobs. There are many
tools with which you can encourage
your empl oyees, here are the top
fi ve. They may seem obvi ous, but
i t i s i mport ant not t o
overcomplicate things and overlook
the simple ideas.
TOP 5 TOOLS TO
ENCOURAGE YOUR
EMPLOYEES
1. A kind countenance
This is a fancy way to tell you to
smi le. Your coworkers wi ll ref lect
what they see in you. Be a master
of making eye contact and giving a
smile that communicates, I really
care about you. I m i nterested i n
you. It i s an effecti ve non-verbal
way of telling your co-workers they
are i mportant to the organi zati on
and are making a difference.
2. A timely word
This involves being sensitive to
when an employee needs a word
of encouragement. They may have
had a difficult day, in personal or
work matters, and it would mean
a l ot for t hei r super vi sor t o
acknowledge it. It involves a good
sense of ti mi ng: sayi ng the ri ght
thing at the right time.
3. An appropriate touch
In a society where the threat of
sexual harassment seems t o
i nhabi t ever y cross-gender
interaction, lost is the thoughtful
art of physi cal contact wi th each
other. Psychol ogi cal counsel ors
claim that people are deprived of
physi cal cont act wi t h t he
i ncredi bl e f ear of Wi l l i t be
mi sunderstood?
For exampl e, take an amateur
boxer. Boxi ng al l ows t he
participant to engage in rigorous
ment al and physi cal t rai ni ng,
expend pent -up energy, and
sharpen focus.
Even af t er t he manl y,
testosterone-saturated event, more
11
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huggi ng happens t han at
Woodst ock, especi al l y for t he
vi ctor. In addi ti on to celebrati ng
with hugs, boxers show respect by
t ouchi ng gl oves wi t h t hei r
opponent before tryi ng to knock
hi s head off. I n sports, physi cal
contact like this is acceptable.
In the workplace, a handshake, a
pat on back, or a pat on arm i s
usually appropriate, and it makes
a di f f erence. Obvi ousl y, use
common sense. Understand your
individual relationships with your
empl oyees and how your acti on
will be perceived by the employee
and by others.
4. A well-crafted note
Whether i t be vi a emai l , text
message, or the classic Post-It note,
tell your employees how good of
a job theyre doing. Be creative in
l et t i ng t hem know i n pri nt ed
word that you appreci ate them -
both who they are and their good
performance. You never want to
hear thi s ki nd of compl ai nt i n
your office, I never knew if they
appreci ated what I was doi ng. I
di dnt know i f I was doi ng good
or bad.
Don t l et your empl oyees
wonder the same thoughts. Tel l
t hem si mpl y when and what
theyre doing well. You can likely
expect t o see even bet t er work
from them in the near future.
5. Consistency
You can t j ust make a bank
deposi t once and expect t hat
savings account to grow. You have
to continually invest into it. In the
same way, one gest ure of
encouragement is a good start, but
that boost wi l l fade away as the
rigors and routines of the job pile
up. You have to keep at it.
Also, i t would be a bad i dea to
turn your money over to a financial
pl anner and expect everythi ng to
be i n order when you reti re. You
have to be i nvolved. I n the same
way, encouragement has to come
from you - an authentic, personal,
and consi st ent ef f ort f rom t he
encourager.
The key t o mai nt ai ni ng
consistency is looking beyond your
own needs and concerns and really
knowi ng your st af f . See your
empl oyees as more t han peopl e
who have tasks to do. You should
know them and be sensitive to how
they communi cate, both verbal l y
(comments of frustration, pleas for
hel p) and non-verbal l y (f aci al
expressi ons, body l anguage). Do
you know when an empl oyee i s
having a rough day?Can you tell if
thei r behavi or i s di fferent from
other days?
I n t he end, al l of t hi s
encouragement not only builds up
your empl oyees, but mol ds you
i nto a better l eader. Don t be a
boss who t hrows out an
expectation, sits back and waits for
i t to be met; Devel op a coach s
mentali ty to help your employees
reach the goal.
Good coaches drive for the goal,
whether it is a boxing match or the
bottom li ne. They also know that
encouragement is the key ingredient
to getti ng the most out of thei r
athletes because of the trust that is
created when an athlete receives the
recognition and the validation for
all their work. Your employees will
al l ow you to chal l enge them to
reach greater heights if you take the
time to build a relationship where
encouragement and
acknowledgement play a bi g role.
Don t f orget t o cel ebrat e t he
successes wi t h your empl oyees;
teach and encourage them through
t he hard t i mes and wat ch your
work environment evolve.
Ben Gl enn, The Si mpl e ADHD
Expert, journeyed from learning
di sabl ed student wi th ADHD to
i nternati onally renowned speaker
and author. Glenn is known for his
humor, passi on and art, creati ng
enormous chalk drawings in a blink
of an eye t hat ser ve as vi si bl e
remi nder of hi s chal l engi ng
messages. His purpose is to inspire
his audiences to persevere through
lifes trials and to learn to live their
l i ves to the ful l est by devel opi ng
thei r tal ents and pursui ng thei r
dreams. To learn more about Ben,
vi si t www.si mpl eADHD.com.
12
pre-planning: the key to problem solving
Ken Fracaro
T
hi s has been a problem for
as l ong as I can remember
and i t can t be sol ved, t he
empl oyee shout ed at t he
super vi sor. We t ri ed many
t i mes t o f i x i t but not hi ng
worked. There is no right answer
and we just need to li ve wi th i t
and go on with our business.
The supervisor said, No! Thats
just not good enough! We need
to look at a problem differently.
We must decide if it is a problem.
I f i t i s a probl em, then does i t
adversely affect a core value or goal?
If it does, then we should plan on
how the problem wi ll be solved
through a systematic and concerted
effort.
A super vi sor/ manager must
deci de i f an i tem i n questi on i s
an issue or a problem. Making a
decision or giving an answer will
dispense with an issue. A solution
i s requi red i f i t i s a probl em.
Solve a problem and give it a high
priority to work on, if it adversely
affects a core value or goal. If it
does not , t hen gi ve i t a l ower
pri ori ty and work on i t at some
f ut ure dat e or set i t asi de
permanently, depending upon its
i mportance.
Issue Versus Problem
An item can either be an issue or
a probl em. Websters Dictionary
defines an issue as, a point, matter
or quest i on t o be di sput ed or
deci ded. They defi ne a problem
as, a question, matter or situation,
that is perplexing or difficult and a
solution is warranted. Define the
i t em i n det ai l , i ncl udi ng any
pertinent information that adds to
underst andi ng t he quest i on or
di spute. The super vi sor/ manager
must then decide if it is an issue or a
problem. If the item needs a decision
or answer then it is an issue. It the
item needs a solution, then consider
it a problem and review core values
and goals to determine if they are
adversely affected by the problem.
Affect On Core
Value Or Goal
A probl em can i nf l uence a
busi ness operati on or acti vi ty to a
varying degree. Problems that have
the bi ggest i mpact are those that
adversely affect a core value or goal.
Revi ew company, di vi si on,
depart ment and i ndi vi dual core
values and goals and decide if they
are adversely affected by a problem.
1. Core values and goals. List
and revi ew core val ues to gai n a
det ai l ed and t horough
understanding of them.
Review CoreValues. Core values
guide a company in conducting its
day-to-day and long-term business.
An example of a core value may be
i f a company chooses to operate
for short-term resul ts i n contrast
to long-term growth. A companys
deci si on to grant a l arger stock
di vi dend to sharehol ders rather
t han spendi ng more money for
l ong-term i nvestments i s another
exampl e of a core val ue. Posted
and wi dely-publi ci zed, core values
usually do not change from year to
year. Core val ues are ver y
i mportant because goals support,
promote and evolve from them.
Review Goals. A goal i s an
accompl i shment creat ed t o
produce a result wi thi n a speci fi c
ti me, under constrai nts of costs
and l i mi t ed resources. Four
categori es of goal s are company,
di vi si on, depart ment and
individual. The company develops
organizational goals to support and
promot e i t s core val ues. A
di vi si on/ department creates goals
to support organi zati onal goals.

13
Individuals create goals to directly
or i ndi rectl y support di vi si on/
department goals. Goals should
be sequenti ally set from the top
of the organi zati on down to the
i ndi vi dual , and shoul d be
complimentary and support each
other.
2. Adverse affect on core
value or goal. The supervi sor/
manager needs t o revi ew t he
problem and decide if it adversely
affects a core value or goal at any
level of the organization. Give a
probl em a l ow pri ori ty to work
on if it does not affect a core value
or goal. Assign a problem a high
priority if it adversely affects a core
val ue or goal . Pre-pl anni ng on
methods to use to solve a problem
wi l l hel p make t he probl em-
solving process run smoother and
have a greater chance to succeed.
Pre-planning
Pre-planning a problem solving
effort is usually unpopular. There
i s l i t t l e not ori et y gi ven t o i t .
Probl em-sol vi ng resul t s usual l y
recei ve rewards. Pre-pl anni ng
efforts sel dom recei ve rewards.
However, pre-planni ng i s the key
to a successful probl em-sol vi ng
effort. Pre-planni ng i nvolves: 1)
defining and setting a goal(s) to be
achieved; and 2) deciding on how
the problem will be solved.
1. Define and set a goal to be
achieved. To be successful, define
a goal(s) to be achi eved: speci fy
the current condi ti on, state the
desi red condi t i on, break t he
probl em down i nt o cl ear and
conci se parts and summari ze the
problem.
Specify the current condition.
Gat her al l avai l abl e f act s and
define the current condition of the
probl em i n wri t i ng. Use onl y
f act s, not opi ni ons, or
unsubst ant i at ed i deas when
explaining the problem. Be clear,
concise and specific in stating the
problem and i ts i mpact.
Statethedesired condition. Decide
on what resul t i s want ed or
required. Be specific and detailed
on what exactly the goal of fixing
t he probl em wi l l be. Al so be
realistic needs to be something
that is achievable within time and
resource constrai nts.
Break problemdown. Breaking a
problem down into its logical and
sequenti al parts ai ds i n worki ng
on and solving the root cause of
t he probl em. I t i s more
productive to work on and to solve
part s of a probl em t hat wi l l
ultimately lead to the solution of
the entire problem.
Summarize the problem.
Consol i dat e t he i nf ormat i on
acqui red. Summari ze i t i nto an
exact and detailed statement of the
problem, desired results and major
part s t o gai n cl ari t y and
understandi ng.
2. Decide how the problem
will be solved. Answer fi ve pre-
pl anni ng questi ons: who, what,
when, where and how wi l l t he
problem be solved? A plan should
be specific and use as much detail
as i s necessar y t o ensure a
successful problem-solvi ng effort.
WhoAn individual or a team
(two or more people) can solve a
problem. An individual may work
to solve a problem if it is not
extensive and does not require a
major undertaking. Form a team
i f an ext ensi ve i nvest i gat i on i s
requi red. Sel ect team members
who wi l l benefi t a team process
and who are creat i ve, curi ous,
possess the abi l i ty to see thi ngs
from different points of view, get
along well wi th others and have
knowledge of the problem.
What Revi ew the probl em
st at ement and add any ot her
rel evant i nformati on whi ch wi l l
ai d i n a probl em-sol vi ng effort.
Assure that al l those concerned
know they need to solve the root
cause of t he probl em. The
problem will not reappear in the
future if what caused it to occur
is solved.
When Set st art and t arget
completion dates for the problem-
sol vi ng ef for t . Work on a
problem either on a part- or full-
time basis. Revise estimates in the
future when the individual/ team
advances further into the problem-
solving process. The individual/
t eam wi l l become more
knowledgeable of the extent of the
problem and how long it will require
to solve it.
WhereWork on a problem in
company faci li ti es or off-si te. If
individual/ team members will be
working on a problem on a part-
time basis, an on-site location may
be advantageous.
I f the probl em-sol vi ng effort
will be a full-time endeavor, an off-
site location may be best. Find a
qui et l ocat i on where
interruptions and distractions are
held to a minimum.
How The individual or team
needs to have a plan on how to
14
solve a problem. The plan should
include: detailing the problem in
wri t t en f orm, det ermi ni ng t he
root cause, a l i st of cri teri a on
choosi ng t he best sol ut i on, an
act i on pl an, execut i ng and
updating items in the action plan,
followi ng up on results achi eved
and taking any required corrective
acti on.
Consider several other items to
benef i t t he probl em-sol vi ng
process, i n addi ti on to setti ng a
goal(s) to be achieved and deciding
how a problem will be solved.
Additional Items
To Ensure Success
Several i mport ant concerns
should be in effect and known by
everyone i nvolved before starti ng
the problem solvi ng.
1. A company should promote
individual initiatives. Individuals
are the driving force behind goal
attainment and problem solving at
every organizational level.
Give awards for initiatives taken
by i ndi vi dual s. They shoul d be
di f f erent f rom t hose gi ven f or
results.
2. Determine a problems root
cause. Deci de what caused a
problem to occur its root cause.
Correct the root cause.
Participants need to know this
before starting to solve a problem.
Sol vi ng t he root cause of a
problem, rather than a symptom,
will ensure the same problem will
not arise again in the future.
3. Give authority to an
individual/team to make necessary
decisions. Gi ve the i ndi vi dual /
t eam cl ear responsi bi l i t y and
accountability to solve a problem.
Di schargi ng t hei r
responsibilities to meet goals must
not be constrai ned by a l ack of
authori ty granted.
When the level of authority is
at least equal to the responsibility
gi ven, t he i ndi vi dual or t eam
operat es f reel y and wi t hout
restrai nt.
This will help to arrive at and
implement the correct solution to
a problem.
Probl ems conti nual l y ari se to
pl ague dai l y and l ong-range
busi ness efforts, plans and goals.
Identify and solve those problems
that adversel y affect ei ther core
val ues or goal s and sol ve them.
Pre-pl anni ng i s t he key t o
successfully solving a problem.
Ken Fracaro i s a f ree-l ance
writer with over 30 years of front-
l i ne experi ence i n major i ndus-
trial firms. He holds a Bachelors
Degree i n Management f rom
Southern Illi noi s Uni versi ty.
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16
is your leadership strong enough?
three pillars of strength to help leaders in tough times
J oelle J ay, Ph.D.
I
n the current economi c cli mate,
where busi nesses are mergi ng,
downsi zi ng, and out sourci ng at
mi nd-boggl i ng rat es, i t s hard t o
mai nt ai n your l eadershi p
equi l i bri um. To keep from getti ng
knocked off your feet, you need to
have something stable to hold onto
somethi ng that wi ll keep you on
steady ground when all around you
is shaking and/ or crumbling.
Unfortunately, most people dont
deal with change in a positive way.
They become over whel med; and
instead of taking care of themselves
so t hey can wi t hst and t he dai l y
onsl aught of change, t hey t r y to
prove their worth by working longer
and harder so theyre not the next
one escorted out t he door. As a
result, theyre not only stressed from
the current si tuati on, but they re
al so t i red, di sengaged, and
di ssat i sf i ed wi t h bot h t hei r
professional and personal lives.
What these leaders need to realize
i s that doi ng extra work, stayi ng
l at e, and t aki ng on more
responsi bi l i ti es wi l l not keep you
strong. I ts ti me to upgrade that
way of thi nki ng. You don t j ust
need to work hard. It serves no one
for you to stay at work at all hours,
eki ng out shoddy del i verabl es
through squi nty eyes, powered by
fast food and triple lattes. Getting
ahead has less to do with time and
ef f ort t han i t does t hought f ul ,
ref lective consideration: the kind of
i nner work that al l ows you to
choose who and how you want to
be, and enables you to work i n a
way that supports your life.
In fact, when you do this kind
of i nner work, your ext ernal
ci rcumstances no l onger matter.
Because you have a strong sense
of self, a strong character, and a
strong i nternal support system,
you can weather any storm.
If youre ready to start this inner
work the kind that will help you
reaffi rm your l eadershi p edge
then start with the following three
pillars of strength.
Your values
Your vision, your goals, and your
acti ons dont automati cal l y l ead
t o ful fi l l ment . No mat t er how
good you are or how successful
you become, your
accompl i shment s wi l l f eel
meani ngl ess i f t hey re not
congruent with the values in your
17
heart. When you clarify the values
that gui de your l i fe, defi ne the
speci fi c ways they enhance your
experi ence, and l earn to l i ve i n
integrity with those values, you are
abl e to fi nd a renewed sense of
purpose and joy. Thats when your
happiness and stability become a
choice rather than an achievement.
To begin to reconnect with your
values, answer the following:
What do you really stand for?
Areyou honoringthosethings?
Whatsmost important to you?
Are your values in alignment
with what your organization
values?
When your val ues dri ve your
everyday activities, every day feels
l i ke a success, no matter whats
going on around you.
Your strengths
In order to excel, you need to
bui l d on your st rengt hs and
mi ni mi ze your weaknesses. Thi s
idea was popularized by the father
of st rengt hs psychol ogy, Dr.
Donal d Cl i f t on. Hi s research
touched off what i s now known
as the strengths movement a
groundbreaki ng way of thi nki ng
that capi tal i zes on strengths to
help people grow.
Using this approach, in order to
be your best, you maxi mi ze your
st rengt hs and manage your
weaknesses. By doing so, you are
emphasi zi ng the elements of you
t hat are enduri ng and uni que.
When you develop an approach to
l eadershi p t hat uses al l of your
attributes in the most advantageous
way, you save t i me, energy and
ef for t . You get bet t er resul t s,
because you are doing things in the
way that works best for you. You
di scover what i t t rul y means t o
achieve success with quality of life,
because they become one and the
same. Best of all, you do thi s not
by changi ng who you are, but by
becoming more of who you are.
So ask yourself the following:
Where are you especially
talented?
What do you do without even
thinking?
What do people count on you
for?
What activities would you
gladly never have to do again?
Are you doing the things you do
real l y wel l so you can contri bute
your most to your organi zati on or
to the endeavors you take on?
Remember, you need to go beyond
just getting the tasks done, as that
doesnt serve anyone, especi ally i n
todays market. Rather, you need to
use your strengths to stay on top.
The compani es that survi ve arent
the ones who just get tasks done.
They figure out what they do well
and t hen t hey do i t . To st ay
successful, you need to do the same.
Your support team
Building your support team means
i denti fyi ng the people i n your li fe
who are smart , experi enced,
insightful, perceptive, challenging,
and inspirational, and then asking
t hem t o support you i n your
success. This team is probably not
the team you already have in place.
We re not t al ki ng about your
assistant, your employees or your
vendors. These people help you get
your work done; they exist for the
betterment of the business.
The support team you want i n
pl ace i s one who can hel p you
reach your vi si on and goals; thi s
support t eam exi st s f or t he
bet t erment of you. Thi s
distinction is subtle but key. Your
team is made up of leadership all-
stars: your role models, mentors,
and i nspi rati ons. As members of
your personal support team, these
people are commi tted to you no
matter what your vi si on, where
you work, or what goal s you
choose. They advise you, support
you, advance you, and elevate you.
When t hi nki ng about your
support t eam, ask yoursel f t he
fol l owi ng:
Who will you ask to be a part
of your support team?
How will you maintain the
relationship?
When times get tough, are you
able to reach out to your
team?
Are you there for your team
to reciprocate?
While you definitely need team
members who are commi tted to
the day-to-day work, you also need












18
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people who are devoted to you: to
your success, your deci si ons and
your vi si on. After al l , when the
ground beneath you starts to shift,
you can either run and hide or you
can reach out to others for support.
Smart leaders choose the latter.
Changing Times
Change in business in inevitable.
Sometimes the changes are subtle,
and other times theyre downright
scar y. However, no matter what
happens in your external world, if
your internal world is in order if
youve developed your values, your
strengths, and your support team
then whatever happens externally
won t cause you t o l ose your
footing. So if youve neglected the
i nner aspect s t hat make you
successf ul , now i s t he t i me t o
refocus your energy and build your
i nner resolve. By doi ng so, youll
be able to weather the economys
ups and downs unscat hedand
prosper for many years to come.
Joelle K. Jay, Ph.D., i s presi dent
of t he l eadershi p devel opment
practice, Pillar Consulting. As an
execut i ve coach, aut hor and
speaker, Joel l e hel ps l eader s
achi eve t op perf ormance and
busi ness resul t s. Her cl i ent s
i ncl ude presi dent s, vi ce
presidents, and C-level executives
in Fortune 500 companies. Joelle
is the author of The Inner Edge:
The 10 Pract i ces of Per sonal
Leader shi p. To f i nd out how
Joelle can help you reach the next
l evel bot h personal l y and
prof essi onal l y, emai l :
j oel l e@pi l l ar-consul ti ng.com or
vi si t: www.Pi l l ar-consul ti ng.com.
19
flu season and the law
labor law
Mary-Kathryn Zachary, J .D.
f or supervi sors
T
he advent of col d and f l u
season comes with numerous
workpl ace i ssues. These i ncl ude
varied employee problems. Some
employees look for any excuse to
stay home from work. How does
a supervisor tell when an employee
i s real l y si ck? Some empl oyees
come i nto work no matter what,
even i f they are terri bly i ll. Can
an empl oyer send such an
empl oyee home and requi re the
employee to stay there until he or
she is well? How can a supervisor
det ermi ne i f an empl oyee i s
suf f i ci ent l y recovered t o come
back t o work? What i f ot her
employees protest working with a
si ck empl oyee? How can a
super vi sor make sure t hat
necessary work can be performed?
What i f many employees are out
of work, whether because of their
own i l l ness or t hat of a fami l y
member, or such factors as school
and/ or publ i c t ransport at i on
shut downs? What i f t he
supervi sor i s i ll? Can employees
work at home? Does the company
have t o accommodat e si ck
employees? To what extent can the
company be proactive in handling
such i llness-related i ssues? What
ki nds of questi ons can they ask
empl oyees, and what ki nds of
medi cal procedures can t hey
require? Can a company require
employees to recei ve f lu shots or
take an employees temperature?
Whi le these types of questi ons
ari se every year, thi s year creates
more serious issues for companies
because of the spread and severity
of t he H1N1 vi rus. Al ready
decl ared a publ i c heal t h
emergency, H1N1 led to Uni ted
States Presi dent Barack Obama
declaring a national emergency in
late October. An epidemic is an
outbreak of disease that suddenly
occurs in much greater numbers
than normal and spreads within
communities, states, or a limited
number of count ri es. A
pandemic is an epidemic that has
become global. The H1N1 virus
i s current l y cl assi f i ed as a
pandemi c. At t he end of
Oct ober, t he vi rus was
wi despread i n al most al l states
and had resulted i n over 1,000
di rect deaths, wi th many more
deaths that may be related to the
vi rus, and more t han 20,000
peopl e hospi tal i zed.
Empl oyers have been
encouraged by federal and state
agencies to be proactive in having
a plan in place to deal with the
pandemi c. However, many
employers are not aware of the
legali ti es that need to be taken
i nt o consi derat i on when
planning for and dealing with a
pandemi c. A number of these
20
legalities involve employment law.
Improper handli ng of workplace
i l l ness can resul t i n empl oyer
l i abi l i ty under Ti tl e VI I of the
Ci vi l Ri ght s Act of 1964, i n
parti cul ar under the provi si ons
deali ng wi th nati onal ori gi n and
rel i gi ous di scri mi nat i on, and
under t he Ameri cans wi t h
Di sabi li ti es Act.
I n t erms of nat i onal ori gi n
di scri mi nati on under Ti tl e VI I ,
empl oyers may fi nd themsel ves
faci ng the greatest li keli hood of
l i abi l i t y i f t here i s unequal
treatment of employees based on
t hei r count r y of ori gi n. For
exampl e, t hi s mi ght occur i f
empl oyers treat empl oyees from
Mexi co di fferently wi thout vali d
reason. Al t hough H1N1 was
prevalent i n Mexi co earli er than
i n t he Uni t ed St at es, i t s
wi despread exi st ence i n t he
United States makes this less of a
problem now in terms of national
ori gi n di scri mi nati on than a few
months ago.
Title VII also interfaces with the
Americans with Disabilities Act in
travel situations. Employers can
require employees returning from
an area i n whi ch wi despread
i llness i s occurri ng to remai n at
home a few days before returning
to work in order to make certain
t hat t he empl oyees are not
sympt omat i c. However,
companies should make sure that
they are treati ng al l empl oyees
returni ng from such geographi c
areas in the same way. And, they
should make sure that the nature
of t he i l l ness i s such t hat
precaut i ons are necessar y.
Speci fi cal l y, the company shoul d
check t o see i f t he Cent ers for
Di sease Control and Preventi on
(CDC), or st at e or l ocal publ i c
heal t h aut hori t i es, recommend
that i ndi vi duals who vi si t certai n
l ocati ons stay at home for a few
days to make sure they do not have
pandemic inf luenza symptoms. If
the appropriate government entity
has made such a recommendation,
the employer may ask employees if
they have vi si ted those l ocati ons
either for personal or professional
travel. If the employees have visited
those locations, the employer may
ask the empl oyees whether they
have been exposed to pandemi c
inf luenza while they were away, and
may require such employees to stay
home for the requi si te peri od of
t i me t o i nsure t hey are
asymptomati c.
Rel i gi ous di scri mi nati on i ssues
may arise under Title VII when an
empl oyee prot est s a part i cul ar
medi cal t reat ment f or di sease.
Thi s i s most l i kel y to occur wi th
t he i nf l uenza vacci ne. Some
compani es are consi deri ng
requi ri ng empl oyees to take the
vacci ne. The EEOC, however,
advi ses t hat compani es shoul d
encourage employees to receive the
i nf l uenza vacci ne rat her t han
requi re t hem t o t ake i t . An
empl oyee may have a rel i gi ous
belief, practice, or observance that
prohi bi ts hi m or her from taki ng
the vaccine. In such circumstances,
t he empl oyer i s requi red t o
reasonabl y accommodat e t he
employee unless it would pose an
undue hardship, that is, more than
a mi ni mal cost, to the operati on
of the company.
Vacci nes may al so rai se i ssues
under t he Ameri cans wi t h
Di sabi l i t i es Act . For exampl e,
some individuals are allergic to an
i ngredi ent i n the vacci nes, and
thei r physi ci ans may beli eve that
the risk of a severe allergic reaction
outweighs the value of the vaccine.
In such cases, under the ADA, the
employer is required to reasonably
accommodat e t he empl oyee s
di sabi l i t y. Agai n, a bet t er
approach to mandated vaccination
is suggested vaccination.
Al t hough Ti t l e VI I can rai se
pandemic legal issues, most of the
l egal i ssues fal l under the ADA.
The Equal Empl oyment
Opport uni t y Commi ssi on i n
Oct ober i ssued a document
entitled Pandemic Preparedness in
the Workplace and the Americans
wi t h Di sabi l i t i es Act t o hel p
employers deal with the pandemic
and inf luenza issues within a legal
f ramework. That document i s
l ocated at www.eeoc.gov/ fact s/
pandemi c_flu.html. This article
cont ai ns t he suggest i ons and
gui dance provi ded i n t hat
document in an abbreviated form.
Addi ti onal l y, compani es shoul d
keep abreast of communi cati ons
from the CDC and state and local
publ i c heal t h agenci es. Wi t h
pandemi cs, t he si t uat i on can
change frequentl y, and wi th i t,
what empl oyers are al l owed t o
l egal l y do wi t h respect t o
workplace i ssues.
In addition to provisions related
to public accommodation, such as
bui l di ng requi rements, the ADA
prohi bi ts empl oyers wi th 15 or
more empl oyees f rom
21
di scri mi nat i ng agai nst qual i fi ed
i ndi vi dual s wi t h di sabi l i t i es.
Furt hermore, empl oyers are
requi red t o reasonabl y
accommodat e empl oyees wi t h
di sabi l i ti es unl ess i t woul d cause
undue hardship. What constitutes
a reasonable accommodation varies
tremendously, but in general it is a
work modification that provides an
individual with a disability an equal
opport uni t y t o appl y f or or
perform the essential functions of
a j ob. The ADA st andard for
undue hardshi p i s di fferent from
the Title VII standard. Under the
ADA, an undue hardship is present
when i t woul d be si gni f i cant l y
di f f i cul t f or t he company t o
reasonabl y accommodat e t he
empl oyee. Fact ors t hat are
i mportant are the nature of the
di sabi l i t y, t he nat ure of t he
accommodation, the nature of the
job and the busi ness, the costs of
t he accommodat i on, and t he
resources of the company, among
others. I f one accommodati on
mi ght const i t ut e an undue
hardshi p, an empl oyer must
consi der other accommodati ons
that do not. An employer does not
have to reasonabl y accommodate
an empl oyee wi t h di sabi l i t i es i f
that empl oyee woul d be a di rect
t hreat t o t hei r own heal t h and
safety or the health and safety of
others. A direct threat under the
ADA i s a si gni f i cant ri sk of
substanti al harm to the health or
safety of the i ndi vi dual or others
t hat cannot be el i mi nat ed or
reduced by reasonabl e
accommodation. The assessment
of di rect t hreat i nvol ves a
consi derat i on of t he ri sk, t he
severi t y, t he i mmedi acy, and
possi bl e accommodati ons.
There are three major ways i n
whi ch t he ADA i s i nvol ved i n
pandemi c si tuati ons. The fi rst
deal s wi t h di sabi l i t y-rel at ed
quest i ons and medi cal
exami nati ons for appl i cants and
employees. The second deals with
exclusi on of employees from the
workplace. The third deals with
reasonabl e accommodati ons for
individuals with disabilities. The
EEOC s document provi des
gui dance for empl oyers before a
pandemic, during a pandemic, and
after a pandemic.
Before a pandemic. Companies
are encouraged to have a plan to
deal with pandemic-related issues
and to have a coordinator or team
responsi bl e for t he pl an. The
group devel opi ng a pl an shoul d
have at l east one i ndi vi dual
fami l i ar wi th empl oyment l aws
and also provi de for i nput from
empl oyees wi t h di sabi l i t i es.
Government resources should be
moni t ored f or i nf ormat i on
relevant to the plan. In addition
t o t he EEOC s document , t he
CDC has a communi cat i on
entitled Guidance for Businesses
and Empl oyers t o Pl an and
Respond t o t he 2009-2010
Inf luenza Season (2009), http:/
/ www. p an d emi cf l u . gov/
p r o f essi o n al / b u si n ess/
gui dance.pdf . Addi t i onal
resources are t he U. S.
Department of Health and Human
Services, and state and local health
agenci es.
Before a pandemic, employers are
not al l owed to ask empl oyees to
disclose if they have a compromised
immune system or chronic health
condi ti on that the CDC has sai d
coul d make t he empl oyee more
likely to suffer complications from
inf luenza. They may, however, ask
quest i ons about speci f i c
sympt oms, such as col d
symptoms, that are not l i kel y to
reveal t he exi st ence of an
underlyi ng di sabi li ty. Compani es
can make non-di sabi l i t y rel at ed
i nqui ri es desi gned t o i dent i f y
possible reasons for absence from
work duri ng a pandemi c i f they
i ncl ude non-medi cal reasons as
well as medical reasons on an equal
foot i ng and do not requi re t he
employee to identify the particular
reason.
An exampl e i s provi ded by the
EEOC i n i ts gui dance document
i n the form of a sampl e sur vey.
The survey asks employees if, in the
event of a pandemi c, they would
be unable to come to work because
of any one of several reasons. The
reasons l i st ed are: chi l d care i f
school s or day-care cent ers are
cl osed; ot her dependent care i f
other ser vi ces are not avai l abl e;
inability to travel to work if public
t ransport i s sporadi c or not
avai l abl e; and/ or, hi gh ri sk of
seri ous compl i cat i ons from t he
pandemi c i nf l uenza vi rus wi t h
respect t o t he empl oyee or a
member of t he househol d as
def i ned by t he CDC (pregnant
women, i ndi vi dual s over 65,
i ndi vi dual s under 65 wi t h
underlying chronic conditions, and
i ndi vi dual s wi t h compromi sed
22
f or supervi sors
immune systems such as those with
cancer, HIV, organ transplants, or
ot her medi cal condi t i ons), i n
which case the employee would be
advi sed by publ i c heal t h
authori ti es not to come to work.
Empl oyees t aki ng the sur vey are
directed to answer simply yes or no
t o t he quest i ons as a whol e,
wi t hout i dent i fyi ng t he speci fi c
factor that applied to them if they
checked yes. That approach allows
the employer to identify the extent
t o whi ch absences mi ght occur
without requiring the employee to
reveal conf i dent i al medi cal
i nformati on.
Under the ADA, employers are
not allowed to ask applicants about
di sabi l i ti es or requi re a medi cal
exami nati on before a condi ti onal
offer of empl oyment. However,
they are al l owed to requi re new
entering employees to have a post-
of f er medi cal exami nat i on t o
ascertain their general health if all
entering employees in the same job
category are requi red to have the
medi cal exami nati on and i f any
medi cal i nformati on col l ected i s
kept conf i dent i al and separat e
from other personnel files. If the
medical examination reveals that a
j ob appl i cant has a medi cal
condition that would increase the
possi bi l i ty of compl i cati ons from
i nf l uenza, t he company cannot
wi thdraw the job offer unless the
appl i cant woul d pose a di rect
threat to hi mself or others under
the strictures of the ADA.
Making a determination of direct
threat with respect to an applicant
requi res t he use of reasonabl e
medi cal judgment, employi ng the
most current medi cal
i nf ormat i on and/ or t he best
avai l abl e evi dence, such as
i nformati on from the CDC, or
state or local health authori ti es.
Normal seasonal inf luenza or the
milder form of H1N1 present in
spri ng/ summer 2009 would not
pose a di rect threat under ADA
gui del i nes. However, a more
severe form of pandemic inf luenza
would. CDC and state or local
heal th authori ty procl amati ons
are cri t i cal i n maki ng t hi s
det ermi nat i on, and empl oyers
should make their best efforts to
st ay appri sed of publ i c heal t h
statements and make reasonable
decisions based thereon.
With respect to job applicants,
an i ndi vi dual i zed eval uati on of
t he appl i cant i s made t o
determine the direct risk issue in
whi ch the i ndi vi dual s present
abi l i ty to perform the essenti al
f unct i ons of t he j ob i s
det ermi ned, al ong wi t h t he
immediacy of the risk, severity of
the harm, and the availability of
reasonabl e accommodati ons to
reduce the ri sk. If a reasonable
accommodat i on woul d reduce
the risk to the point that it would
not const i t ut e a di rect t hreat ,
t hen t he empl oyer wi l l be
expect ed t o provi de t hat
accommodation. For example, if
a post-offer medical examination
revealed that the applicant had a
compromi sed i mmune syst em
due to cancer treatments, but the
applicant would not normally be
exposed to the i nf l uenza vi rus
because it had not spread to his
geographi c area, t he company
could not rescind the offer. If the
applicant would be f lying back and
forth to locations where the virus
was wi despread, or the vi rus was
rampant in the area in which the
empl oyee worked, the company
mi ght not be abl e to reasonabl y
accommodate the threat exposure
to the vi rus would consti tute.
Duri ng a pandemi c. Once an
i nf l uenza pandemi c has been
declared, there are various steps an
employer can take to minimize the
t hreat t o t he workpl ace.
Companies can require employees
to use vari ous i nfecti on control
practi ces, such as regul ar hand
washi ng, use of hand sani ti zers,
proper sneezi ng and coughi ng
practi ces, and correct handl i ng
and di sposal of t i ssues.
Employees can also be required to
wear personal prot ect i ve
equi pment, such as face masks,
gl oves, or gowns to reduce the
spread of infection. In the event
an empl oyee wi t h a di sabi l i t y
needs a modification of personal
prot ect i ve equi pment , such as
non-l at ex gl oves or a gown
desi gned f or wheel chai rs, a
company i s expected to provi de
the modi fi cati on as a reasonable
accommodati on unl ess i t woul d
const i t ut e undue hardshi p.
Compani es al so can encourage
empl oyees t o work f rom an
alternative location, such as home,
as an i nfecti on-control method.
As noted earl i er i n thi s arti cl e,
employers are generally advised not
t o requi re t hat empl oyees be
vacci nat ed, but t o suggest t hat
employees be vaccinated.
23
I f an empl oyee i s not
experiencing inf luenza symptoms,
the company can not ask whether
t he empl oyee has a medi cal
condition that could make him or
her more suscept i bl e t o
complications from inf luenza and
cannot requi re a medi cal
exami nat i on. A medi cal
examination involves a procedure
or t est desi gned t o f i nd out
medi cal i nformati on. Whether a
procedure consti tutes a medi cal
examination depends on a variety
of f act ors, such as whet her i t
i nvol ves medi cal equi pment , i s
i nvasi ve, i s desi gned to fi nd the
existence of an impairment, and is
gi ven or i nterpreted by a heal th
care professi onal . However,
somet i mes an empl oyee wi t h a
medi cal condi t i on or di sabi l i t y
may volunteer that information to
the company. For exampl e, the
empl oyee mi ght request an
accommodati on that would make
i t l ess l i kel y t hat t he empl oyee
woul d cont ract t he vi rus. An
empl oyer may ask what type of
assi stance or accommodati on the
empl oyee woul d need, f or
exampl e, t el eworki ng (worki ng
f rom home or an al t ernat e
l ocat i on) or t i me off t o keep a
medi cal appoi nt ment . Any
medi cal i nf ormat i on obt ai ned
from the employee in this manner
should be kept confidential.
I f an empl oyee wi th a known
di sabi l i t y unrel at ed t o t he
pandemi c i s provi ded wi t h an
accommodati on at work duri ng
times in which a pandemic is not
present , t he empl oyer shoul d
conti nue to provi de hi m or her
wi th the accommodati on duri ng
the pandemic. This applies even
i f the empl oyee i s tel eworki ng.
For exampl e, i f an empl oyee
ut i l i zes a screen-reader on her
computer at work as a reasonable
accommodat i on, and t he
company provides employees with
not ebook comput ers t o use at
home duri ng a pandemi c, t he
company shoul d provi de t hat
employee wi th a screen-reader to
use at home. I f a part i cul ar
accommodati on would consti tute
an undue hardship, the company
and employee are directed to work
t oget her t o f i nd a reasonabl e
alternative. The EEOC mandates
that al l management empl oyees
with disabilities receive reasonable
accommodati ons made necessary
by pandemi c condi ti ons absent
undue hardshi p. For example, a
hearing-impaired manager who is
part of a company s emergency
response t eam mi ght requi re a
video relay service to perform her
j ob and keep t he company
funct i onal whi l e worki ng from
home.
I f an i nf l uenza pandemi c i s
assessed by the CDC or local or
state health authorities to be more
seri ous or severe, employers may
have suf f i ci ent obj ect i ve
i nf ormat i on f rom t hose
authori ti es to make a reasonable
determination that employees will
face a di rect threat i f they come
down wi th the i nf l uenza. Then
and onl y then can an empl oyer
engage i n di sabi l i t y-rel at ed
quest i ons or requi re medi cal
exami nat i ons of empl oyees
wi thout symptoms to ascertai n i f
t hey are at hi gher ri sk of
compli cati ons from the vi rus.
Whether the si tuati on i nvolves
the more usual seasonal influenza
or t he pandemi c i nf l uenza,
compani es can ask empl oyees i f
t hey are experi enci ng f l u-l i ke
symptoms, such as fever, chi l l s,
coughing, or sore throats, but any
illness information obtained must
be kept confi denti al . Taki ng an
empl oyee s t emperat ure i s
considered a medical examination
and is normally not warranted for
a simple cold or if the symptoms
are charact eri st i c of seasonal
inf luenza or the milder H1N1 virus
in the spring and summer of 2009.
Furt hermore, not al l i nf l uenza
victims have a fever. However, if
pandemic inf luenza becomes more
widespread locally as measured by
the CDC or local or state health
authori ti es, empl oyers are then
al l owed t o t ake t he body
temperature of employees.
I f an empl oyee i s experi enci ng
f lu-like symptoms, he or she should
be al l owed t o st ay home f rom
work. I f the employee comes to
work but has sympt oms
characteri sti c of regular, seasonal
i nf l uenza or the mi l der spri ng/
summer versi on of t he H1N1
vi rus, the CDC states that such
empl oyees shoul d l eave t he
workpl ace, and t he company
should advise the employee to go
home. When t he empl oyee s
symptoms are severe enough to
const i t ut e a di rect t hreat , t he
company can send the empl oyee
home. I rrati onal fears about an
empl oyee s medi cal condi t i on
cannot be used to assess whether
24
an empl oyee consti tutes a di rect
threat to the workplace.
An employee who is absent from
work can be asked the reason the
empl oyee i s not at work i f t he
empl oyer suspects the empl oyee
may be absent for a medical reason.
An employer i s always enti tled to
know the reason for an absence
f rom work and t he empl oyee s
projected date of return.
Af t er a pandemi c. Af t er a
pandemic, an employer can ask an
employee who has been away from
work to provi de a doctor s note
certi fyi ng that the employee i s fi t
t o ret urn t o work. Because
doct ors offi ces are l i kel y t o be
overl oaded duri ng a pandemi c,
alternatives to a doctors note may
need to be developed, such as an e-
mail or form or stamp from a local
cl i ni c.
Throughout the entire process, a
good faith effort to keep abreast of
pronouncements from the CDC
and state and l ocal publ i c heal th
authorities is vital.
IN A NUTSHELL
(1.) Cold and f lu season brings
with it workplace issues that may
i nvolve employment law.
(2.) Provisions of the Americans
wi th Di sabi l i ti es Act and Ti tl e
VII of the Civil Rights Act of
1964 are appli cable to busi ness
deci si ons regardi ng i nf l uenza
pandemi cs.
(3.) The Amer i cans wi t h
Di sabi l i ti es Act provi si ons that
are rel evant t o i nf l uenza
pandemics include those dealing
wi t h medi cal quest i ons and
procedures, accommodat i on,
excl usi on from the workpl ace,
and direct threats.
(4.) Title VII of the Civil Rights
Act of 1964 provi si ons that are
relevant to i nf luenza pandemi cs
i ncl ude t hose deal i ng wi t h
national origin and religion.
(5.) A recently published EEOC
document provi des i mport ant
i nformati on to super vi sors and
ot her manageri al empl oyees
about issues related to inf luenza
pandemi cs, i ncl udi ng
appropri at e quest i ons and
medi cal procedures,
accommodati ons, and absence
pol i ci es.
(6.) Super vi sor s and ot her
manageri al empl oyees shoul d
routinely monitor pronouncements
from the CDC and state and local
publ i c heal th authori ti es i n order
to reasonably make deci si ons wi th
respect to a pandemic in accordance
wi th appli cable law.
S
V
25
help your manager & help yourself
how your supervisor can help you climb the corporate ladder
Kim Goff
L
ets face i t. Ti mes are tough,
and many industries are still
experiencing cutbacks, layoffs and
salary freezes. That doesnt mean
i t s t i me t o sl ack of f at work,
however. I ts just as i mportant
if not more important to make
yourself a valuable resource and to
t r y t o move ahead wi t h your
career, even i f your opti ons are
l i mi ted.
To t hat end, super vi sors and
managers can be a val uabl e
resource when cl i mbi ng t he
corporate ladder, not just because
they sign your paycheck or approve
that promotion, but because they
can offer you valuable knowledge;
knowl edge t hat can l ead you
toward career advancement and a
sense of fulfillment.
Your super vi sor i s a great
resource for you to learn about the
hi story of your company, how to
i mprove your j ob perf ormance
and how to increase your chances
f or promot i on. I nst ead of
avoi di ng, loathi ng or feari ng your
super vi sor, t r y to vi ew t hem as
someone who can help you advance
your career.
Here are three ways to utilize your
supervisor as a resource:
Model their behavior
If your supervisor is in the position
you aspire to, model them. That
doesnt mean to dress, walk or talk
l i ke them. I t means researchi ng
their rise and taking similar steps in
your quest. Fi ndi ng out as much
as you can about your supervisors
cli mb up the corporate ladder can
provi de you wi t h a pot ent i al
blueprint for how you can achieve
that same posi ti on.
When t he t i me i s appropri at e
(such as l unch ti me or duri ng an
of f i ce part y), get t o know your
supervisor or manager better. Try to
ask the following questions:
What did they major in? What
type of degree do they hold?
Did they take any specific on-the-
job training?
What about their work history -
did they work different positions
in the company to get to where
they are today? Was it one
specific job that got them where
they are today or was it a
progression of jobs?
I f your super vi sor seems
annoyed by t hese ki nd of
questions, take a hint and do not
persi st. You want to learn from
their professional experience, but
back of f i f he or she seems
unwilling to share.
Communicate regularly not
just once a year
Tal ki ng wi th your super vi sor
about your progress and how you
can i mprove your chances for
26
sv
promot i on can hel p you
i mmensel y. The maj ori t y of
empl oyees dread t he annual or
semi -annual eval uati on. I nstead,
use this review to your advantage.
Ask what he or she sees as your
specific strengths and weaknesses.
Ask, What can I do to i mprove
my overall job performance? This
eliminates any guesswork trying to
figure out what you can do to get
t hat promot i on. A good
super vi sor wi l l al ways be honest
with you and tell you what you can
do t o i mprove your j ob
performance.
When a supervi sor i nforms you
of your weaknesses in terms of job
performance, don t t ake i t as a
harsh criticism. Be grateful for this
type of information; use it to forge
ahead and show that you are eager
to improve. Treat your supervisor
with respect and show her you have
t he ri ght ski l l s and dri ve f or
advancement. Good managers and
super vi sor s want t o see you
succeed! The more knowledgeable
you are about performing your job
and i mprovi ng your work
perf ormance, t he more
noti ceabl e you wi l l become to
your super vi sor. When they are
meeti ng wi th busi ness executi ves
and leaders to discuss forthcoming
promotions, YOU will have a good
chance of bei ng one of t hose
people nominated. Or, you may be
the first person they think of if a
new position becomes available!
And dont forget to touch base
wi th your manager or supervi sor
on a regular basi s. Yearly revi ews
aren t enough i n t erms of
communi cati on. Go out of your
way to discuss ideas, business trends,
company or depart ment
improvements with your supervisor
on a regul ar basi s. By t aki ng a
proact i ve st ep t oward
communicating in a positive, helpful
way, you can be t he person t hat
stands out in his or her mind when
the time comes for a promotion or
rai se.
Co-workers may also be a reliable
resource to you. They may not know
speci fi cs about the supervi sor you
are tryi ng to model , but they may
know general requirements expected
or pref erred f or t he t ype of j ob
posi ti on you desi re.
Network
Use your supervisor as a liaison to
network with executives and leaders
in your company. Getting face time
may sound shal l ow, but peopl e
dont real l y know you unl ess they
meet you. E-mai l i s not enough to
creat e a sol i d net worki ng
rel ati onshi p. Your super vi sor can
introduce you to inf luential people
(company leaders, industry experts,
important clients) who can help you
i n your career advancement .
Through your super vi sor or
manager, you can fi nd out about
conferences and social events where
you can st art l ayi ng t he
groundwork f or benef i ci al
rel ati onshi ps. Getti ng your name
and f ace out t here wi l l hel p
i nf luenti al people remember you.
Anot her way t o make net work
connecti ons and get noti ced i s to
vol unt eer f or company event s.
Al ways go to your supervi sor fi rst
and ask permission to participate in
any volunteer activities within your
S
V
company, and make sure it does
not di srupt your day-t o-day
business activities, or make your
supervi sors job di ffi cult.
Working with your supervisor
instead of against him or her can
help you get ahead in your career.
You shoul d never f ear your
supervi sor or feel i nferi or. Use
your super vi sor s knowl edge
and experi ence t o your
advantage. You do not have to
agree wi th hi s or her personal
i deas, l augh at thei r j okes or
obey t hei r ever y command.
However, you should show your
super vi sor t he respect you
would want in return. By using
your supervisor as a resource you
can gai n t he knowl edge and
connections you need to advance
your career.
Ki m Gof f i s a prof essi onal
speaker, freel ance wri ter and
author, who currently works as
a communi cati ons di rector for
t he Uni t ed Way of York
Count y. She speaks on
overcomi ng obst acl es, l i f e
bal ance and women i n t he
workpl ace, and i s aut hor of
Femal e Empowerment A
Personal Journey. To hi re her
f or your next speaki ng
engagement , e-mai l :
ki mandbi l l 1@comcast.net.
Wit and Humor
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When hisdaughter emerged fromthe

bridal shop dressingroomsheexclaimed:
Oh Daddy, isnt it beautiful?
As thefather squinted at theprice
tag, hereplied, Honey, I dont mind giv-
ingyou away, but must I gift wrap you,
too?
A surgeon, an architect and a poli-
tician were arguing about whose
profession was the oldest. The
surgeons opinion was that his pro-
fession dated back to the Garden of
Eden when Eve was formed from
Adams rib and surely that was a sur-
gical procedure.
The architect protested that long
before Adam and Eve, order was cre-
ated from chaos and that was archi-
tecture at its best.
But before the two could argue
any further, the politician asked
with obvious pride, And who do
you think created chaos?
A parki ng lot i s where you take
your car to have the dents put in.
There i s a certai n i nconsi stency
i n t he way we i nsi st t hat t he
butcher s scal es be stri ctl y honest
but we have no obj ect i on i f t he
bathroom scale fools around a bi t.