Don’t ERACE Your Due Diligence Best Practices. 1 Objective Our objective today is to examine...
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Transcript of Don’t ERACE Your Due Diligence Best Practices. 1 Objective Our objective today is to examine...
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