Yes, it's been a while. I've been out in the field doing investigative research. There's a lot to tell and little time to craft the stories, but they're coming. In the meanwhile, here's another Update.
Yvonne LaRose Viva Voce
Worth a Read
A New Look at Gender Roles in the Law
Overt sex discrimination may be in decline, but gender stereotypes still plague the legal profession. Based on extensive interviews with both men and women, Gender on Trial: Sexual Stereotypes and Work/Life Balance in the Legal Workplace from ALM Publishing is an unflinching look at the problems that persist -- and what law firms, law departments and individual lawyers can do about them. Visit LawCatalog for more information.
In October, Law.com's newsletter reported a new employment law decision wherein to make an employee work with no likelihood of ever receiving a pay increase is a form of discrimination. Unfortunately, Coach's gremlins have gobbled up my copy of the headnote. It's worth your Lexis/Nexis or Westlaw time to check out the case for the name and details of the case.
[Arnold Schwarzenegger] merely lacked manners, declared professor of sex discrimination law Susan Estrich in the Los Angeles Times, arguing that the reported gropes and sexual remarks would not constitute a crime nor even sexual harassment, at least partly because they would have been isolated instances. Not so, cries the Curmudgeonly Clerk, countering that unwanted physical contact easily amounts to "assault and/or battery." Read the article; tell us what you think and how you would handle the situation in the Discussions or the Forum.
HR.com published two newsletters that report increasing instances of abuse and the resulting fallout. Take some time to register as a member of the site (it's free) so that you can read the February 2, 2004 and January 26, 2004 issues.
In October 2003 [108th Congress], Lucille Roybal-Allard authored and introduced to the Congress HR 3420, the Security and Financial Empowerment Act. The bill proposes, among other things, to broaden the definition of domestic violence to include those other than intimate partners, set a standard for what can be considered stalking, and address discrimination that survivors face from landlords and employers. If you have difficulty with the link, please go the the Thomas Legislative Information on the Internet home page and use the search tool. It is in your interest to become familiar with the bill. I encourage you to support it.
Staffing.org has its 2003 & 2004 Recruiting Metrics and Performance Benchmark Reports (Combo Pack) available. When looking at your recruiting and HR metrics, definitely use the Metrics Toolkit from Staffing.org. You may even want to invest in their metrics report. Then couple those metrics with the hard people side of the issue by using the worksheet published in the December 2003 Workforce Week. I've had a chance to read through Staffing.org's free Recruiting Metrics Toolkit, as well as the 2003 Report, and must say these are definitely worth reading and using.
Hispanic Business is still offering members of my Career and Executive Recruiting Advice / Entrances audience a free subscription to their monthly magazine. Go the Periodicals section of the Library for sign-up information.
Hispanic Business Magazine Seeks Family For Story
Hispanic Business Magazine Seeks Family For Story
Does your family include at least two generations of Hispanic Business readers? If so, we would like to hear from you for a story in the magazine's 25th anniversary issue. The story will chronicle and draw parallels between your extended family and business, and the Hispanic community and the magazine, as each have faced and conquered the challenges of the past quarter-century. If you would like to be considered for this feature, please contact Robert Macias at 805.964.4554 ext. 103, or Robert.Macias@HBInc.com
Hispanic Business Inc., 425 Pine Ave., Santa Barbara, CA 93117
~~~ On the Site ~~~
The Downloads page has new content. There's something that should be of interest to not only job seekers but to recruiters, managers and HR pros.
Also check the Career Center. The Job Boards page is in the process of being re-produced. More importantly to both sides of the employment desk, the Resume Services page is now available. Whether you want professional help with crafting a stellar resume, identifying pros for assisting you with your admissions essay, targeting and sending your resume or getting the right resumes delivered to your Inbox, you'll find a good selection of services.
The Periodicals section of the Library now has additional resources for researching companies' stock performance (an important matter in determining the potential client or employer) stability, as well as additional research materials to aid in essays or term papers -- or for getting more information on your subject.
The Resource Center also has additional content to help you with your business and career endeavors.
As you recall, Career and Executive Recruiting Advice came into existence and lived as part of the Suite101 network for two years. In August 2002, it moved to its present, independent site. Suite101 chose to retain all of the content and maintain the archived column rather than delete it, as was done with many other network topics. At the beginning of February 2004, the former Suite101 CERA was available for "adoption" with an inducement that the new editor "will receive both traffic and an established Membership base from the archived topic." It was assumed by a new person. The articles authored by Yvonne LaRose still retain my copyright and, as time passes, will be completely migrated to their new home. If the title is not yet an active link, please contact me and request that title be made active on the new home of Career and Executive Recruiting Advice. I'm more than happy to serve your needs.
The Student Assessment Handbook: New Directions in Traditional and Online Assessment by Chris Morgan, Lee Dunn, Sharon Parry, Meg O'Reilly
Discussion-Based Online Teaching to Enhance Student Learning: Theory, Practice and Assessment by Tisha Bender
Facilitating Learning in Online Environments: New Directions for Adult and Continuing Education #100 by Steven R. Aragon
News from eLearners:
News from eLearners:
On The Hill, University Business - 2/01/2004
Except for a handful of schools that are part of the Department of Education's Distance Education Demonstration Program, for the majority of distance learners, federal financial aid is not available. Under the Higher Education Act, the "50% rule" prohibits any institution which enrolls more than half of its students at a distance or offers more than half of its courses via distance education from offering financial aid. It's time for Congress to reauthorize the Higher Education Act for the next five years and students, educators, and policymakers alike are anxiously awaiting the results. In this article, attorney Kenneth Salomon revisits the history of the Higher Education Act. He writes, "Congress must, and most likely will, craft new language that will promote access to distance education services, guaranteeing student access to Title IV funds. But just what that language will look like, and how effective it will be, are the issues at hand."
E-Learning Made in India--Selecting the Right Firm, Chief Learning Officer Magazine - 2/01/2004
"According to a recent survey from members of the Masie E-Learning Consortium, the development of a one-hour e-learning program can cost enterprises between $10,000 and $150,000. When reviewing estimates for e-learning development, sometimes the focus is on the authoring and programming components of the development process and not as much on the instructional design activities. Over the past couple of years, a lot of research has been conducted on the effectiveness of e-learning. One of the key themes is that high-quality, effective e-learning should be based on learning theories grounded in research and developed using solid instructional design principles."
A few words from JEDlet Journal:
Are you or one of your students thinking of applying for a Masters in Business Administration? Help them make an informed decision by steering them toward the JEDlet "Considering an MBA?" in the Lifestyles section of the site.
Working Smarter, Not Harder, National Post, 2003
Whether you are working or studying to join the work force, ongoing training will always be an essential to your continued success. Incorporating e-learning into your business training is a way of working smarter. One reason for this is the traveling time it saves you.
A search for Engineering, Healthcare, Marketing jobs returned some interesting results. Use your keywords to get results specifically tailored to your needs. Incidentally, Employment 911 now offers resume writing and distribution services. Be certain to visit that section of the site for more information and entry into their contest.
Mirant Aims to Fend Off Worker Suits Over 401(k)s, Fulton County Daily Report
Bankrupt Mirant Corp. has filed a motion to dismiss a potential class action brought by employees and retirees over their 401(k) plans. Mirant's attorneys argue that the company's retirement plans weren't intended to maximize returns on employee investments but were, instead, designed to bolster stock sales and that regulations exempt fund managers "from any responsibility to diversify company assets that are invested in company stock."
No Nominal Damages Under ADEA, The Legal Intelligencer
A federal magistrate judge has ruled that if a plaintiff in an age discrimination suit cannot prove any lost wages, the case must be dismissed because the Age Discrimination in Employment Act does not allow awards of compensatory or even nominal damages. Judge Jacob P. Hart concluded in Beverly v. Desmond Hotel & Conference Center that even if a jury were to find a violation of the ADEA, no damages would be available.
Dewey Partner's E-Mail Causes Upset Over Racial Insensitivity, New York Law Journal
Nearly a year after Dewey Ballantine lawyers infuriated members of the Asian-American community by performing a stereotype-laden parody song at their annual dinner, the law firm is again dealing with allegations of racial insensitivity, this time stemming from a partner's joke that was e-mailed to all the firm's New York employees. The partner and the firm's co-chairs have apologized for the gaffe, but any further action is still undetermined.
New Partners: The Chosen, Legal Times
Litigators, corporate lawyers and intellectual property specialists were most likely to make partner this year at Washington, D.C.'s biggest firms. Increasingly, though, firms are using counsel as an intermediary step and stretching out the partnership track to eight years or more. Nor does getting the nod mean you're home free -- new partners face new pressures to land clients, supervise others and market themselves.
We may want to tap the accounting firm's Audit Department as well in the recent K&L suit. K&L, Partner Ordered to Pay Ex-Client $1.1 Million, Miami Daily Business Review
A Florida jury last week ordered Kirkpatrick & Lockhart and the head of its corporate practice in Miami to pay a former client $1.1 million for failing to protect the client from a scam that resulted in millions of dollars in losses. The 800-lawyer firm and Clayton E. Parker were found negligent for failing to do proper investigation and auditing for their client, which was later the victim of a bogus real estate loan investment scheme.
HP Eyes Reasons It Dropped off Best-Workplace List
Hewlett-Packard is trying to determine why, after so many years in Fortune magazine's annual ranking of the best places to work, it failed to make the 2004 list. The San Jose Mercury News has obtained company memos pointing to one possible reason: Workers give management below-average marks on credibility, respect, and fairness.
Superkeepers Keep Your Company on Top [membership required]
"If youre really going to pay for performance in times when you have limited dollars to pass around," says Jay Schuster of Schuster Zingheim & Associates, "you have to put in place some way to give what dollars you have to those people who are most critical."
Also available in hard copy through the "Best Practices in Compensation and Benefits" newsletter. To subscribe, call 800-727-5257.
Dems Continue Battle on OT Rules, Jobless Benefits
Senate Democrats say they will attach amendments to pending legislation in order to extend unemployment benefits and block the Bush administration's proposed revisions to overtime rules for white-collar workers.
Treasury Proposes Plan for Cash-Balance Pensions
The U.S. Treasury Department wants to make it easier for employers to move to cash-balance pension plans without discriminating against older workers. So it has proposed rules requiring employers who make such a transition to offer benefits that are at least equal to those of their old plans for at least five years after the conversion.
HR.BLR announces, HR novices and veterans alike should check out the updates and additions made to the HR 101 section of our Library. It's part of an effort to improve the entire Resources & Contacts section. Watch for more changes there!
~~ Management ~~
In 2001, I wrote "It's About Your Manager," an article that discusses the downfalls of ill-prepared and therefore abusive bosses. Workforce Week has a Manager's Assessment that while lacking in that the response prompts give away the most-desired answer and does not address the abusive boss issues, it does provide information for improvement if the genuinely correct answer cannot be given. Test yourself for what your [real] skill level is. According to Workforce's synopsis:
An Assessment for Managers: How Successful Are They?
Thousands of mid-level managers have stumbled into their jobs from frontline positions, often without the skills necessary to manage people. Your managers can use an assessment like this to find out if they fall into this group, or if they understand what it takes to motivate and inspire.
When a Judge Has No Judgment
Law.com's September 18, 2003 briefs noted a North Carolina judge will step down a rank to apologize for e-mails he sent making fun of blacks, Jews and other ethnic groups. Chief District Judge William Daisy will resign as chief at the end of the month, but keep his district judge post. His salary will drop from $113,135 to $109,556. The judge says he never received complaints about the e-mails, which he sent from a personal account to judges, lawyers and friends. Should Daisy decide to seek new employment, he might try calling South Carolina Attorney General Henry McMaster, who this month rehired a staffer who lost his job six years ago after sending an e-mail filled with ethnic slurs. Post your comments to this in the Discussions or the Forum.
Unlikely Offshoring Supporter
The McKinsey Global Institute reports that for each dollar the United States sends to India in the form of offshore jobs, the U.S. economy gains $1.14. A more unlikely voice in favor of offshoring arrived in the usually liberal magazine The New Republic. The New Republic article argues that "while offshoring may displace some workers in the short term, in the medium and long terms it represents a net benefit for both domestic businesses and their workers." Both the magazine and McKinsey, as well as some economists from the Brookings Institution, the Institute for International Economics and others, want to require companies to buy insurance to help employees recover part of their salaries when their jobs are offshored. [from Workforce Week, February 1-7, 2004]
Monster's Competitors Are Nipping at Its Heels
Monster.com and its job-board archrivals are fighting for résumés and listings. But all three face competition on another front, as corporate recruiters find that internal referrals, their own sites and niche job boards are bringing them better candidates.
The Cost of Turnover
This chart shows one way of calculating what turnover costs. It includes direct costs, such as the cost of background checks, as well as indirect costs, such as lost productivity.
Guerilla Bias in Your Midst
Well-intentioned managers sometimes practice a particularly dangerous form of discrimination, one that's concealed behind kind words and thoughtful acts.
According to a legal briefs note in the October 24, 2004 Law.com newsletter, we've come a long way and have a long way to go in regard to diversity hiring. According to the brief, women now comprise 40 percent of U.S. attorneys in the private sector, according to a report from the Equal Employment Opportunity Commission, up from 14 percent in 1975. Asians, Hispanics and African Americans also marked big percentage gains, though each group remained a single digit percentage of private sector attorneys. Bigger, better-known firms are more likely to hire women and minorities, claims the report, which EEOC chair Cari M. Dominguez released during a speech to a national conference of the American Bar Association.
Board Directorships: A Higher Calling
There was a time when board positions were above the scrutiny of human resources leaders. Now, executives in human resources have multiple--and increasingly important--board-related roles.
~~~ Legal ~~~
There are a few new cases that affect how workers are treated. In light of the new practices by employers because of the long-term economic conditions and scarcity of jobs, these cases are significant.
In October and November, I reported to you about the various labor strikes in California -- transit drivers, grocery workers, and sheriff's deputies. The question was raised how you would handle a candidate who could not make the final interview or the new job because of the transit strike. There were some interesting responses.
Administrators from various agencies informed me that many of their constituents or people they knew of had lost their jobs because there was no transportation to get there or return home or both.
The grocery workers are still on strike. Unofficial word reached me near the end of January that Vons is taking a new stand on handling the question of the strike. Those who are out on strike are being terminated. For one worker, this is a major blow because the type of grocery work he did was the only trade and profession he knew. I ask again, how would you handle this strike issue and the fallout from it? And what are your thoughts about terminating those who are on strike? Talk about it in the Discussions or in the Forum.
Supreme Court Weighs Workplace Rights for Ex-Substance Abusers, Legal Times
The Supreme Court struggled Wednesday to sort out an important ADA case brought by an Arizona man who wanted his job back after being terminated years earlier for alcohol and drug abuse. Substance abuse itself is not a disability under the law, but workplace discrimination due to past abuse is covered. In Raytheon v. Hernandez, the company says it was justified in not rehiring Joel Hernandez because of an across-the-board policy against rehiring anyone terminated for cause.
Health Insurance Protection
The U.S. Senate unanimously endorsed a landmark bill Tuesday to protect people with genetic predispositions to disease from discrimination by insurers and employers. Supporters of the bill say it fills in gaps in existing protections and should encourage people to undergo tests without fear of losing their insurance. The bill has President Bush's backing but could face a tough battle in the U.S. House of Representatives, where similar legislation has a history of stalling out. [Law.com 10/15/03]
The Mating Game, The Recorder
Two firms need a strategic reason to tie the knot -- strengthening certain practice areas or expanding their geographical reach -- that will bring in business neither could have won on its own. And despite constant courtship, U.S. law firm mergers have fallen since the record high of 75 in 2001. Domestic unions dropped to about 50 in 2002 as bigger firms now eye each other and look for international partners.
EEOC Asks Boies Schiller to Codify Tracks, Pay, New York Law Journal
The U.S. Equal Employment Opportunity Commission wants Boies, Schiller & Flexner to codify both its two-tiered attorney track and its compensation system, rendering transparent and objective law firm employment practices that have been highly subjective and secretive. In a letter sent to the firm's outside counsel, the EEOC proposed 13 steps it believes Boies Schiller needs to take to remedy the Title VII violation found by the agency.
Associates Giving Up on Partnership, Legal Times
One goes to law school to eventually make law firm partner, right? Not anymore. Most of today's associates are less interested in partnership than were the previous generation of law school grads -- it appears to them not just unattainable but increasingly undesirable. Covington & Burling hiring partner Mark Plotkin says some lawyers describe making partner as winning "a pie-eating contest where the prize is more pie."
~~ Recruiting ~~
iRecruiter: Ranked #1 Applicant Tracking Solution by ERExchange
Entering 2004, many corporations are still searching for faster, more efficient, and cost effective means to manage their hiring programs. In addition, outside concerns like EEO compliance, Employee Referral Programs, and integration between other HR solutions makes finding the right Applicant Tracking Solution seem like a daunting task. but it does not have to be. iCIMS' iRecruiter Applicant Tracking Solution was ranked by the ERExchange as the Industry's #1 Applicant Tracking Solution, iRecruiter is also the Industry's fastest growing ATS with over 60 corporate implementations in 2003 alone. Try the free Online Demo
To see the full ATS Summary for Small and Medium Businesses, visit CERA's Recruiter Tools, where you can also find information about the Recruiting Wizard and ACT!
Federal Court Headed for Paperless Filing System, The Legal Intelligencer
Signing court documents in ink and delivering hard copies to a clerk may soon go the way of the quill pen. Judges in the Eastern District of Pennsylvania are pushing the Electronic Case Filing system into further acceptance, with paperless procedures due in January. Under the amended rules, attorneys will have to submit filings on disk and complete a form authorizing an electronic signature code. Thirty-two district courts around the country participate in the ECF system.
Lukewarm Reception for Sarbanes-Oxley
July 31, 2003's Law.com legal briefs reported that Sarbanes-Oxley celebrated its first birthday [July 30], but don't look for cake on the plates of chief financial officers. Just 30 percent of CFOs and managing directors surveyed by PwC approve of the corporate governance law, reports the Financial Times.
Business Plan Success Story
Sandra Stevens is a disabled minority woman on welfare. Now her days are full of planning for a business she wants to start this summer; she writes business plans; She talks to city commerce officials; and she worries about financing.
A Bicultural Bias
Research shows Hispanics succeed in mainstream U.S. society on their own terms.
An Inside Look at DOJ Lawyer Diversity, Legal Times
The federal government has long been considered a haven for minority and women lawyers who faced discrimination from private law firms. Now, an internal Justice Department study shows that the DOJ's attorney ranks are more diverse with respect to race, ethnicity and gender than the U.S. legal work force overall -- but there are still disparities on pay and promotions, and women and minorities are still underrepresented at the top.
Hoy to Publish Wall Street Journal Insert
Dow Jones & Company and Hoy, published by Tribune Company, announced today that they have entered an agreement to publish a new weekly section, written and produced by The Wall Street Journal, for the New York, Chicago and Los Angeles editions of Hoy.
Hispanics Can Get Help with Business at Milwaukee Campus Center
A new Hispanic Entrepreneurial Center is being launched by the Small Business Development Center at the University of Wisconsin-Milwaukee to provide training, technical assistance and networking activities for aspiring Hispanic entrepreneurs and business owners.
Tommy Hilfiger Corporation Appoints Two New Board Members
Tommy Hilfiger Corporation announced today the appointment of two new independent members to serve on its Board of Directors. Mr. Mario L. Baeza and Ms. Jerri DeVard have joined the Board as of February 2, 2004, bringing the total Board size to eight members, five of whom are independent.
Who Represents America's Biggest Companies, 2003, Corporate Counsel
Corporate Counsel's second "Who Represents America's Biggest Companies?" survey asked GCs at the Fortune 250 companies who they use as primary counsel in four practice areas: litigation, corporate transactions, intellectual property, and -- a new addition to the survey this year -- labor and employment. A total of 194 companies provided information, mentioning 471 different law firms; read on to find out which firms get the most work, and why.
Fraud and Theft Start Small
A little time-and-effort abuse, inventory that walks off, a purchasing agent who has a "special" arrangement with a vendor -- that's all it takes for fraud to invade your company.
For more business and economy news, visit the Periodicals to get the latest news or do research for related information.
~~~ Viruses ~~~
Between January and now, several high-risk viruses have hit the Net. At one point, three launched their assaults within a one-week period. Make certain you're safe. Check the Virus Alerts Center to see what's out there and find the best protection for your needs.
Also use the Virus Alerts Center to access McAfee's Security Center. There, you'll be able to access links to virus removal tools for Lovesan, Klez and Bugbear.
II'm here to serve your needs. If there is a particular business, recruiting or career matters you'd like to see discussed or made available on the site, please feel free to send me a note requesting it addressed to
Thanks for reading.
May all of your endeavors be Entrances through the doors of opportunity, advancement and success!