sample issue

sample issue

supervisor’s checklist for termination/discipline

preparing to be tomorrow’s 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 climbthe corporate ladder

supervisor’s checklist for termination/discipline

preparing to be tomorrow’s leader todayrobert d. ramsey, ed.d

the power of encouraging your employeesben glenn

pre-planning: the key to problem solvingken fracaro

is your leadership strong enough?three pilars of strength to help leaders in tough timesjoelle jay, ph.d.

labor law for supervisors mary-kathryn zachary, j.d.

help your manager & help yourself:how your supervisor can help you climb thecorporate ladder kim goff

sample issue

PublisherMichael S. Darnall

EditorTodd M. Darnall

Publications CoordinatorTodd M. Darnall

Contributing EditorsMary-Kathryn Zachary, J.D.

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clifford m. koen, jr. & michael s. mitchell3

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supervisor’s checklist for termination/discipline

Clifford M. Koen, Jr. & Michael S. Mitchell

You take pride in your work andin the work of your

employees, and you always try tohire the best qualified people. Youwork diligently to educate, train,coach and counsel everybody inyour work group. Unfortunately,it has become painfully obvious toyou that you must considerterminating one of your employees.The employee has made it clearthat he intends to hire an attorney.Under the best of circumstances,this will likely be a stressful ordeal. You know to check youremployer’s policies and proceduresthat govern how this must beaccomplished. You also have aworking knowledge of theseemingly countless federal andstate laws that must be taken intoconsideration. The last thing yourcareer needs is to have an employeesuccessfully sue your employerbecause of your mistake. If onlyyou could quickly and properlyassess the situation, it wouldrelieve your anxiety and help getthis unpleasant task behind you.

Introduction This article addresses the concernsuper visors of ten have withrespect to disciplining employees.We provide a checklist ofquestions for the supervisor toreview before taking action.Disciplinary action can take theform of a variety of actionsincluding a verbal warning, writtenwarning, suspension or termination.Generally, the more serious theaction, the more likely that aformal complaint will be filed byan employee. It is not within the scope of thisarticle to address all the lawsimpacting disciplinary actions norto address al l of the possiblequestions and issues that may arisewhen disciplining an employee.And, of course, nothing in thisarticle should be construed aslegal advice. Employers shouldseek the advice of a knowledgeableattorney when resolving issuesassociated with any type ofdisciplinary action, since laws mayvary substantially from state tostate.

Obviously, no list of questionscan address all the possible factorsand situations that may arise invarious disciplinar y actions.Similarly, such a l ist cannotprovide any sort of immunity froma lawsuit. But, by reviewing andthoughtfully answering thequestions listed in this article, asuper visor may reduce thelikelihood of becoming entangledin costly, t ime-consuminglitigation and possibly having toreinstate an undesirable employee.Terminating (or otherwisedisciplining) a poor employee onlyto have the employee reinstatedbecause of a supervisor’s mistakecould be a devastating blow to thesupervisor’s credibility and to thesupervisor’s career.

Touch All the Bases Termination can be risky and candevelop into a nightmare if notdone properly. The best way toavoid a lawsuit is to defuse inadvance the claims and argumentsan employee might make to fight

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his or her dismissal. Typical claimsan employee might make in a legalproceeding include discriminationbased on criteria such as age, race,gender, religion, disability,national origin, retaliation, lack ofdue process or any one of dozensof other claims that may be madeunder federal and state laws.

A. In a non-union setting Generally, to uphold adisciplinar y action includingdischarge, courts typically require:1) consistency; and 2) clear andconvincing documentation of thepoor performance or improperbehavior; as well as proof that 3)the employee was aware ofemployer and super visorexpectations; 4) the employee wasinformed about poor performanceor improper behavior; and 5) theemployee was given reasonableopportunity to improveperformance or behavior.

B. In a unionized setting If the disciplinary action occursin a unionized setting, the key issueis usually whether the discipline ofthe employee in question was for“just cause.” The concern over“just cause” refers to languagetypically found in the collectivebargaining agreement. Generally, to determine whether“just cause” exists in a disciplinaryaction, three elements must beconsidered: 1) employee must beprovided with due process (i.e., theprocess used must be fair in formand in application); 2) there mustbe sufficient evidence of theemployee’s behavior or poor

performance; and 3) thepunishment chosen by theemployer must be appropriateunder the circumstances. It is allabout what is fair under thecircumstances. A system that isfair and is fairly applied to allemployees wil l less l ikely beattacked by disgruntled employeesand will more likely result in alegally valid disciplinary action ifchallenged in court. What constitutes “just cause”usually is defined on a case-by-casebasis. But an often cited and wellestablished measure of “just cause”is commonly known as the “SevenTests” of “just cause”. See GriefBros. Cooperage Corp., 42 LA555 (1964), Enterprise Wire Co.,46 LA 359 (1966), Sherwin-Williams Co., 56 LA 101 (1971).

The following factors areconsidered:

1. NOTICE - Did the employergive the employee reasonablewarning of the possible orprobable disciplinar yconsequences of the employee’sconduct?

2. REASONABLE RULE - Wasthe employer’s rule or managerialorder reasonably related to a) theorderly, efficient, and safeoperation of the business, and b)the performance that the employermight properly expect of theemployee?

3. INVESTIGATION - Did theemployer, before issuingdiscipline, make an effort to

discover whether the employeeviolated or disobeyed a rule ororder of management?

4. FAIR INVESTIGATION - Wasthe employer’s investigationconducted fairly and objectively?

5. PROOF - At the investigation,did the employer obtainsubstantial evidence that theemployee was guilty as charged?

6. EQUAL TREATMENT - Hasthe employer applied its rules,orders, and penaltiesevenhandedly and withoutdiscrimination?

7. APPROPRIATE PENALTY -Was the degree of disciplineadministered by the employerreasonably related to a) theseriousness of the employee’sproven offense and b) the recordof the employee’s service with theemployer?

These seven questions helpanalyze the circumstances in termsof fairness and due process. A“no” answer to one or more ofthese questions means that “justcause” either was not satisfied orat least was seriously weakened inthat some arbitrary, capricious, ordiscriminator y element waspresent. And even though thesefactors originally arose in anarbitration setting, they areapplicable in non-union settings aswell.

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Termination/Discipline Checklist The following twenty-five questions encompass the seven issues listed on the previous page and include some ofthe most important questions that every supervisor should ask before terminating an employee (or proceedingwith 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 employee’s past disciplinary record?

4. What is the employee’s 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 fighting on 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 including my employer’s disciplinary policies and procedures?

13. Was there a personal problem that may have contributed to the employee’s 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?

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18. Am I being fair, unbiased, and level-headed, or am I reacting against 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 employee’s guilt by direct, objective evidence, or am I relying only 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 timing of 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 dealing with 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 answering all of thesequestions you can likely discoverthe weaknesses in the company’scase before they become a problem.Also, an employer can more likelyshow that its disciplinary actionwas based on “just cause,” and asa result , i t should be betterprepared to defend itself against aclaim of employmentdiscrimination or wrongfuldischarge. One final word of advice may beparticularly helpful when dealingwith an employee face-to-face.Keep your emotions in check. Ifnecessar y, call a halt to thediscussion. One inadvertentcomment made during a heateddiscussion could come back tohaunt you if a formal complaint isf i led by the employee. The“bottom line” is this: don’t“shoot from the hip” and firesomeone without giving the factssome serious thought and

scrutinizing all relevant aspects ofthe situation.

Conclusion When taking disciplinary action,employers will be faced with somedifficult decisions that will oftenhave serious legal implications,and there is no magic formula thatcan insulate an employer fromliability. Each case is different andrequires sensitivity and self -discipline on the part of al linvolved. While the majority ofdisciplinary actions that occur donot result in any formal complaintor l it igation, those that dogenerally could have been avoidedor easily defended with minimalplanning and effort. The key is toproperly assess the circumstancessurrounding the action, actconsistently with past actions, andproperly structure the disciplinaryaction.

Clif ford M. Koen, Jr. is anAssociate Professor of BusinessLaw at East Tennessee StateUniversity. He conductsseminars for employers onmanagement and employmentmatters including sexualharassment, discipline,performance appraisal, and EEOlegislation.

Michael S. Mitchell is a partnerin the New Orleans office ofFisher & Phillips LLP, a law firmspecializing in labor andemployment matters. He is alsoan adjunct professor at theUniversity of New Orleans.

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preparing to be tomorrow’s leader today

Robert D. Ramsey, Ed.D.

Everything’s changing. Nomatter what field you work

in, the earth is shifting. Anysupervisors or managers who leadtomorrow like they lead todayshould have quit leading yesterday. Those supervisors, who intend tolead and succeed in the years ahead,need to prepare to becometomorrow’s leader today. It startsby forecasting what supervisionmay look like in the future.

A Peek Ahead No one has a crystal ball; butmany futurists and businessvisionaries agree that businessleadership will feature thefollowing five characteristics in thedecades ahead:

“The future starts today, not tomorrow.”

· Pope John Paul II

1. Portable Leadership. It’shappening today. It will be thenorm tomorrow. A career insuper vision will increasinglybecome a moveable feast.Managers will no longer be stuckin the same organization,discipline or, even, the sameindustry for their entire work life. True leadership is portable.What works on the factory flooroften works in the boardroom aswell. Likewise, what succeeds inthe corporate world can work innon-profit organizations too.That’s why a retired milit ar yofficer may be able to successfullyrun a school district or a CEOfrom the auto industry may endup leading an InformationTechnology company. Leadership is leadership whereveryou find it. More important, itis a commodity that will continue

to be in high demand in all fields.Tomorrow’s supervisors will applytheir expertise in a variety ofsettings. If you’re in it for the longhaul, don’t get too tied to any oneproduct, ser vice, company orindustry. Not so long ago, a popular TVseries set in the Old West featureda nomadic gunslinger whosebusiness card read, “Have gun, willtravel.” This could well be themantra of tomorrow’s middlemanager as well. What will yourbusiness card say in the future?

2. Boundary less Work Environment.In today’s rapidly changing globaleconomy, work can no longer belimited to a specific time or place.Neither can supervision. Four walls and a fixed 9-5 shiftdon’t work as well when yourcustomers and competition are

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scattered all over the world. Withlaptops, smart phones and faxmachines, work can now be doneanywhere, anytime. Best Buy’s pioneer “Results OnlyWork Environment (R.O.W.E.)”program is a good example. Theboundary less work environment iscoming, if it’s not already whereyou work. Don’t get too comfortable in youroffice. You may not have onetomorrow. Instead, get ready towork whenever and wherever you’reneeded. The world will be youroffice in the future.

3. Multiple Missions. Astechnologies and economieschange, corporate and companymissions wil l have to form,transform and reform as well. Bynecessity, they must continuouslymorph into new visions, passionsand purposes. Serial visions andconstantly evolving missions arerapidly becoming business as usual. If you want to get a leg up ontomorrow, be passionate abouttoday’s mission, but remain opento new and emerging missions atthe same time. There’s no law thatsays you can’t switch missions inmidstream as realities are realigned.

4. Talent-Driven Job Descriptions.Leaders can only be as strong as theexpertise and skill of their staff,team or crew. That’s why the bestsuper visors excel at scouting,recruiting, igniting and maximizingtalent. Tomorrow’s leaders willhave to be even more talent-friendly. You can start today. Too often, the best talent in theworkplace is wasted by assigning

workers to tasks and functions thatdon’t match their strengths. Inmany organizations, a jobdescription is defined and, then,the supervisor or foeman sets outto find or force an employee to fitthe prescribed functions. Toooften, it doesn’t work out. Requiring workers to performtasks or duties that they can’t do,don’t know how to do, don’twant to do and don’t like to do isalways nonproductive and,frequently counterproductive. A better approach in the futurewill be to build on existingstrengths by shaping jobs aroundeach employee’s unique gifts. Whynot start with the talent and buildthe job around it? When whatworkers do best is their job, youvirtually guarantee success. When employees are allowed toactually use their real talents on realwork, they’re happier, moreefficient, more productive—andmore l ikely to stay with theorganization.

5. Targeted teams. Traditionally,managers have assigned problemsand projects to whatever division,department or team that seemedmost logical , appropriate,convenient or handy.Unfortunately, the workersreceiving assignments in this wayare not always the best people forthe job. Instead, a growing number ofinnovative supervisors are nowforming short -term,interdisciplinary teams with specialexpertise to handle the toughestassignments. This soon maybecome the prevailing practice. It

only makes sense to put the bestbrains available to work on themost diff icult challenges, nomatter where they come from orusually work in the organization. If you are already using targetedteams to get the most difficult jobsdone, you’re ahead of the curve.If not, you’re playing catch-up. Spotting trends, anticipating newdirections and initiating changes(like those above) are key ways toprepare for being one oftomorrow’s leaders. And so isgetting better at what you dotoday.

The More Things Change, TheMore They Stay the Same

Even in the midst of upheaval,there are still some basics thatnever change and can helpsupervisors stay on course. Tools,techniques and targets maychange, but the following “laws ofleadership” don’t:

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.

Success is built on relationships.

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Obviously, tomorrow’s leaderswill need to learn new lessons andadjust to new realities. But first,they have to become grounded inthe fundamental precepts abovethat transcend time and place andprovide the foundation forcontinuous career-long success. Of course, it’s not just selectedbasic precepts that never change.Some basic skills are timeless aswell. As a leader in today’s (andtomorrow’s) global marketplace,you will need to master some newskills. At the same time, many ofthe skills that serve you well todaywill remain essential in the future,including—

communicating skills

mentoring and modeling skills

visioning skills

teaching and learning

skillsplanning skills

motivating skills

organizing skills

evaluating skills

Part of preparing to be a leaderin the future is honing the skillsthat work best in the present. Starathletes know that the fundamentalskills in their sport never becomeobsolete. It works the same wayfor super visors, managers andforemen.

A Final Word The best time to start preparingto be a leader in the future is now.This means studying, anticipatingand preparing for futuredevelopments and staying ahead ofthe curve. It also means packingup the best of today’s knowledgeand skills to take with you intothe future. Leadership is portable. So ismediocrity. If you’re not at thetop of your game today, you won’tbe ready to play with the big boys

tomorrow. SV

Dr. Robert D. Ramsey is a freelance writer with extensive front-line experience in supervision andhuman resource management. Heis also the author of more than 20successful professional books anda frequent contributor toSupervision and numerous otherpopular journals and newspapers.

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the power of encouraging your employees

Ben Glenn

If you’ve invested in the stock market or real estate, theslumping economy has probablyled you to take up new hobbies likescreaming, crying, or tearing yourhair out. Everyone is looking forsafe investments that offer the bestROI. For businesspeople, thesurefire winners are youremployees. Specifically, investingencouragement and support intothe people that you work with. Every time a business makes adeposit of encouragement into anemployee, there’s an opportunityfor instant return, whether it’s anup tick in their morale and/ortheir performance. As a bonus,there’s the possibil ity forencouragement to build and createlong-term return. You will have anemployee that enjoys their job andregularly goes above and beyondtheir job description. Naturally, asupportive work environmentsupports better work. A good way to look at thesemanagerial efforts is to call them“creating joy on the job.” The keyto being a good administrator is

recognizing where you are strong,but also recognizing yourweaknesses. Surround yourself withpeople who can fill those weakpoints. Build them up in thoseareas so that they’ll enjoy whatthey’re doing and do a better job.It’s often not easy to get your staffto enjoy their jobs. There are manytools with which you can encourageyour employees, here are the topfive. They may seem obvious, butit is important not toovercomplicate things and overlookthe simple ideas.

TOP 5 TOOLS TOENCOURAGE YOUR

EMPLOYEES 1. A kind countenance This is a fancy way to tell you tosmile. Your coworkers will reflectwhat they see in you. Be a masterof making eye contact and giving asmile that communicates, “I reallycare about you. I’m interested inyou.” It is an effective non-verbalway of telling your co-workers theyare important to the organizationand are making a difference.

2. A timely word This involves being sensitive towhen an employee needs a wordof encouragement. They may havehad a difficult day, in personal orwork matters, and it would meana lot for their super visor toacknowledge it. It involves a goodsense of timing: saying the rightthing at the right time.

3. An appropriate touch In a society where the threat ofsexual harassment seems toinhabit ever y cross -genderinteraction, lost is the thoughtfulart of physical contact with eachother. Psychological counselorsclaim that people are deprived ofphysical contact with theincredible fear of “Will it bemisunderstood?” For example, take an amateurboxer. Boxing allows theparticipant to engage in rigorousmental and physical training,expend pent-up energy, andsharpen focus. Even after the manly,testosterone-saturated event, more

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hugging happens than atWoodstock, especially for thevictor. In addition to celebratingwith hugs, boxers show respect bytouching gloves with theiropponent before trying to knockhis head off. In sports, physicalcontact like this is acceptable. In the workplace, a handshake, apat on back, or a pat on arm isusually appropriate, and it makesa difference. Obviously, usecommon sense. Understand yourindividual relationships with youremployees and how your actionwill be perceived by the employeeand by others.

4. A well-crafted note Whether it be via email, textmessage, or the classic Post-It note,tell your employees how good ofa job they’re doing. Be creative inletting them know in printedword that you appreciate them -both who they are and their goodperformance. You never want tohear this kind of complaint inyour office, “I never knew if theyappreciated what I was doing. Ididn’t know if I was doing goodor bad.” Don’t let your employeeswonder the same thoughts. Tellthem simply when and whatthey’re doing well. You can likelyexpect to see even better workfrom them in the near future.

5. Consistency You can’t just make a bankdeposit once and expect thatsavings account to grow. You haveto continually invest into it. In thesame way, one gesture of

encouragement is a good start, butthat boost will fade away as therigors and routines of the job pileup. You have to keep at it. Also, it would be a bad idea toturn your money over to a financialplanner and expect everything tobe in order when you retire. Youhave to be involved. In the sameway, encouragement has to comefrom you - an authentic, personal,and consistent effort from theencourager. The key to maintainingconsistency is looking beyond yourown needs and concerns and reallyknowing your staff . See youremployees as more than peoplewho have tasks to do. You shouldknow them and be sensitive to howthey communicate, both verbally(comments of frustration, pleas forhelp) and non-verbally (facialexpressions, body language). Doyou know when an employee ishaving a rough day? Can you tell iftheir behavior is different fromother days? In the end, al l of thisencouragement not only builds upyour employees, but molds youinto a better leader. Don’t be a“boss” who throws out anexpectation, sits back and waits forit to be met; Develop a coach’smentality to help your employeesreach the goal. Good coaches drive for the goal,whether it is a boxing match or thebottom line. They also know thatencouragement is the key ingredientto getting the most out of theirathletes because of the trust that iscreated when an athlete receives therecognition and the validation for

all their work. Your employees willallow you to challenge them toreach greater heights if you take thetime to build a relationship whereencouragement andacknowledgement play a big role.Don’t forget to celebrate thesuccesses with your employees;teach and encourage them throughthe hard times and watch yourwork environment evolve.

Ben Glenn, The Simple ADHDExpert™, journeyed from learningdisabled student with ADHD tointernationally renowned speakerand author. Glenn is known for hishumor, passion and art, creatingenormous chalk drawings in a blinkof an eye that ser ve as visiblereminder of his challengingmessages. His purpose is to inspirehis audiences to persevere throughlife’s trials and to learn to live theirlives to the fullest by developingtheir talents and pursuing theirdreams. To learn more about Ben,visit www.simpleADHD.com.

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pre-planning: the key to problem solving

Ken Fracaro

This has been a problem foras long as I can remember

and it can’t be solved,” theemployee shouted at thesuper visor. “We tried manytimes to fix it but nothingworked. There is no right answerand we just need to live with itand go on with our business.”

The supervisor said, “No! That’sjust not good enough! We needto look at a problem differently.We must decide if it is a problem.If it is a problem, then does itadversely affect a core value or goal?If it does, then we should plan onhow the problem will be solvedthrough a systematic and concertedeffort.”

A supervisor/manager mustdecide if an item in question isan issue or a problem. Making adecision or giving an answer willdispense with an issue. A solutionis required if it is a problem.Solve a problem and give it a highpriority to work on, if it adverselyaffects a core value or goal. If itdoes not, then give it a lowerpriority and work on it at somefuture date or set it asidepermanently, depending upon itsimportance.

Issue Versus ProblemAn item can either be an issue or

a problem. Webster’s Dictionarydefines an issue as, “ a point, matteror question to be disputed ordecided.” They define a problemas, “a question, matter or situation,that is perplexing or difficult and asolution is warranted.” Define theitem in detail, including anypertinent information that adds tounderstanding the question ordispute. The supervisor/managermust then decide if it is an issue or aproblem. If the item needs a decisionor answer then it is an issue. It theitem needs a solution, then considerit a problem and review core valuesand goals to determine if they areadversely affected by the problem.

Affect On CoreValue Or Goal

A problem can inf luence abusiness operation or activity to avarying degree. Problems that havethe biggest impact are those thatadversely affect a core value or goal.Review company, division,department and individual corevalues and goals and decide if theyare adversely affected by a problem.

1. Core values and goals. Listand review core values to gain adetailed and thoroughunderstanding of them.

Review Core Values. Core valuesguide a company in conducting itsday-to-day and long-term business.An example of a core value may beif a company chooses to operatefor short-term results in contrastto long-term growth. A company’sdecision to grant a larger stockdividend to shareholders ratherthan spending more money forlong-term investments is anotherexample of a core value. Postedand widely-publicized, core valuesusually do not change from year toyear. Core values are ver yimportant because goals support,promote and evolve from them.

Review Goals . A goal is anaccomplishment created toproduce a result within a specifictime, under constraints of costsand limited resources. Fourcategories of goals are company,division, department andindividual. The company developsorganizational goals to support andpromote its core values. Adivision/department creates goalsto support organizational goals.

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Individuals create goals to directlyor indirectly support division/department goals. Goals shouldbe sequentially set from the topof the organization down to theindividual, and should becomplimentary and support eachother.

2. Adverse affect on corevalue or goal. The supervisor/manager needs to review theproblem and decide if it adverselyaffects a core value or goal at anylevel of the organization. Give aproblem a low priority to workon if it does not affect a core valueor goal. Assign a problem a highpriority if it adversely affects a corevalue or goal. Pre-planning onmethods to use to solve a problemwill help make the problem-solving process run smoother andhave a greater chance to succeed.

Pre-planningPre-planning a problem solving

effort is usually unpopular. Thereis l itt le notoriety given to it .Problem-solving results usuallyreceive rewards. Pre-planningefforts seldom receive rewards.However, pre-planning is the keyto a successful problem-solvingeffort. Pre-planning involves: 1)defining and setting a goal(s) to beachieved; and 2) deciding on howthe problem will be solved.

1. Define and set a goal to beachieved. To be successful, definea goal(s) to be achieved: specifythe current condition, state thedesired condition, break theproblem down into clear andconcise parts and summarize theproblem.

Specify the current condition .Gather all available facts anddefine the current condition of theproblem in writing. Use onlyfacts, not opinions, orunsubstantiated ideas whenexplaining the problem. Be clear,concise and specific in stating theproblem and its impact.

State the desired condition. Decideon what result is wanted orrequired. Be specific and detailedon what exactly the goal of fixingthe problem will be. Also berealistic — needs to be somethingthat is achievable within time andresource constraints.

Break problem down. Breaking aproblem down into its logical andsequential parts aids in workingon and solving the ‘root’ cause ofthe problem. It is moreproductive to work on and to solveparts of a problem that wil lultimately lead to the solution ofthe entire problem.

Summarize the problem .Consolidate the informationacquired. Summarize it into anexact and detailed statement of theproblem, desired results and majorparts to gain clarity andunderstanding.

2. Decide how the problemwill be solved. Answer five pre-planning questions: who, what,when, where and how will theproblem be solved? A plan shouldbe specific and use as much detailas is necessar y to ensure asuccessful problem-solving effort.

Who — An individual or a team(two or more people) can solve aproblem. An individual may workto solve a problem if it is not

extensive and does not require amajor undertaking. Form a teamif an extensive investigation isrequired. Select team memberswho will benefit a team processand who are creative, curious,possess the ability to see thingsfrom different points of view, getalong well with others and haveknowledge of the problem.

What — Review the problemstatement and add any otherrelevant information which willaid in a problem-solving effort.Assure that all those concernedknow they need to solve the rootcause of the problem. Theproblem will not reappear in thefuture if what caused it to occuris solved.

When — Set start and targetcompletion dates for the problem-solving ef fort. Work on aproblem either on a part- or full-time basis. Revise estimates in thefuture when the individual/teamadvances further into the problem-solving process. The individual/team will become moreknowledgeable of the extent of theproblem and how long it will requireto solve it.

Where — Work on a problem incompany facilities or off-site. Ifindividual/team members will beworking on a problem on a part-time basis, an on-site location maybe advantageous.

If the problem-solving effortwill be a full-time endeavor, an off-site location may be best. Find aquiet location whereinterruptions and distractions areheld to a minimum.

How — The individual or teamneeds to have a plan on how to

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solve a problem. The plan shouldinclude: detailing the problem inwritten form, determining theroot cause, a list of criteria onchoosing the best solution, anaction plan, executing andupdating items in the action plan,following up on results achievedand taking any required correctiveaction.

Consider several other items tobenefit the problem-solvingprocess, in addition to setting agoal(s) to be achieved and decidinghow a problem will be solved.

Additional ItemsTo Ensure Success

Several important concernsshould be in effect and known byeveryone involved before startingthe problem solving.

1. A company should promoteindividual initiatives. Individualsare the driving force behind goalattainment and problem solving atevery organizational level.

Give awards for initiatives takenby individuals. They should bedifferent from those given forresults.

2. Determine a problem’s rootcause. Decide what caused aproblem to occur — its root cause.Correct the root cause.

Participants need to know thisbefore starting to solve a problem.Solving the root cause of aproblem, rather than a symptom,will ensure the same problem willnot arise again in the future.

3. Give authority to anindividual/team to make necessarydecisions. Give the individual/team clear responsibil ity andaccountability to solve a problem.

Discharging theirresponsibilities to meet goals mustnot be constrained by a lack ofauthority granted.

When the level of authority isat least equal to the responsibilitygiven, the individual or teamoperates freely and withoutrestraint.

This will help to arrive at andimplement the correct solution toa problem.

Problems continually arise toplague daily and long-rangebusiness efforts, plans and goals.Identify and solve those problemsthat adversely affect either corevalues or goals and solve them.Pre-planning is the key tosuccessfully solving a problem.

Ken Fracaro is a free-lancewriter with over 30 years of front-line experience in major indus-trial firms. He holds a BachelorsDegree in Management fromSouthern Illinois University.

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is your leadership strong enough?three pillars of strength to help leaders in tough timesJoelle Jay, Ph.D.

In the current economic climate,where businesses are merging,

downsizing, and outsourcing atmind-boggling rates, it’s hard tomaintain your leadershipequilibrium. To keep from gettingknocked off your feet, you need tohave something stable to hold onto– something that will keep you onsteady ground when all around youis shaking and/or crumbling. Unfortunately, most people don’tdeal with change in a positive way.They become overwhelmed; andinstead of taking care of themselvesso they can withstand the dailyonslaught of change, they try toprove their worth by working longerand harder so they’re not the nextone escorted out the door. As aresult, they’re not only stressed fromthe current situation, but they’re

also tired, disengaged, anddissatisfied with both theirprofessional and personal lives. What these leaders need to realizeis that doing extra work, stayinglate, and taking on moreresponsibilities will not keep youstrong. It’s time to upgrade thatway of thinking. You don’t justneed to work hard. It serves no onefor you to stay at work at all hours,eking out shoddy deliverablesthrough squinty eyes, powered byfast food and triple lattes. “Gettingahead” has less to do with time andeffort than it does thoughtful,reflective consideration: the kind of“inner work” that allows you tochoose who and how you want tobe, and enables you to work in away that supports your life.

In fact, when you do this kindof inner work, your externalcircumstances no longer matter.Because you have a strong senseof self, a strong character, and astrong internal support system,you can weather any storm. If you’re ready to start this innerwork – the kind that will help youreaffirm your leadership edge –then start with the following threepillars of strength.

Your values Your vision, your goals, and youractions don’t automatically leadto fulfillment. No matter howgood you are or how successfulyou become, youraccomplishments wil l feelmeaningless if they’re notcongruent with the values in your

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heart. When you clarify the valuesthat guide your life, define thespecific ways they enhance yourexperience, and learn to live inintegrity with those values, you areable to find a renewed sense ofpurpose and joy. That’s when yourhappiness and stability become achoice rather than an achievement. To begin to reconnect with yourvalues, answer the following:

What do you really stand for?

Are you honoring those things?

What’s most important to you?

Are your values in alignment with what your organization values?

When your values drive youreveryday activities, every day feelslike a success, no matter what’sgoing on around you.

Your strengths In order to excel, you need tobuild on your strengths andminimize your weaknesses. Thisidea was popularized by “the fatherof strengths psychology,” Dr.Donald Clifton. His researchtouched off what is now knownas the “strengths movement” – agroundbreaking way of thinkingthat capitalizes on strengths tohelp people grow. Using this approach, in order tobe your best, you maximize yourstrengths and manage yourweaknesses. By doing so, you areemphasizing the elements of youthat are enduring and unique.

When you develop an approach toleadership that uses all of yourattributes in the most advantageousway, you save time, energy andef for t. You get better results,because you are doing things in theway that works best for you. Youdiscover what it truly means toachieve success with quality of life,because they become one and thesame. Best of all, you do this notby changing who you are, but bybecoming 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 doreally well so you can contributeyour most to your organization orto the endeavors you take on? Remember, you need to go beyondjust getting the tasks done, as thatdoesn’t serve anyone, especially intoday’s market. Rather, you need touse your strengths to stay on top.The companies that survive aren’tthe ones who just get tasks done.They figure out what they do welland then they do it . To staysuccessful, you need to do the same.

Your support team Building your support team meansidentifying the people in your life

who are smart, experienced,insightful, perceptive, challenging,and inspirational, and then askingthem to support you in yoursuccess. This team is probably notthe team you already have in place.We’re not talking about yourassistant, your employees or yourvendors. These people help you getyour work done; they exist for thebetterment of the business. The support team you want inplace is one who can help youreach your vision and goals; thissupport team exists for thebetterment of you. Thisdistinction is subtle but key. Yourteam is made up of leadership all-stars: your role models, mentors,and inspirations. As members ofyour personal support team, thesepeople are committed to you nomatter what your vision, whereyou work, or what goals youchoose. They advise you, supportyou, advance you, and elevate you. When thinking about yoursupport team, ask yourself thefollowing:

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 teammembers who are committed tothe day-to-day work, you also need

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people who are devoted to you: toyour success, your decisions andyour vision. After all, when theground beneath you starts to shift,you can either run and hide or youcan 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 they’re downrightscary. However, no matter whathappens in your external world, ifyour internal world is in order – ifyou’ve developed your values, yourstrengths, and your support team– then whatever happens externallywon’t cause you to lose yourfooting. So if you’ve neglected theinner aspects that make yousuccessful, now is the time torefocus your energy and build yourinner resolve. By doing so, you’llbe able to weather the economy’sups and downs unscathed…andprosper for many years to come.

Joelle K. Jay, Ph.D., is presidentof the leadership developmentpractice, Pillar Consulting. As anexecutive coach, author andspeaker, Joelle helps leadersachieve top performance andbusiness results. Her clientsinclude presidents, vicepresidents, and C-level executivesin Fortune 500 companies. Joelleis the author of “The Inner Edge:The 10 Practices of PersonalLeadership.” To find out howJoelle can help you reach the nextlevel both personally andprofessionally, email :joelle@pillar-consulting.com orvisit: www.Pillar-consulting.com.

19

flu season and the lawlabor law

Mary-Kathryn Zachary, J.D.

for supervisors

The advent of cold and f luseason comes with numerous

workplace issues. These includevaried employee problems. Someemployees look for any excuse tostay home from work. How doesa supervisor tell when an employeeis really sick? Some employeescome into work no matter what,even if they are terribly ill. Canan employer send such anemployee home and require theemployee to stay there until he orshe is well? How can a supervisordetermine if an employee issufficiently recovered to comeback to work? What if otheremployees protest working with asick employee? How can asuper visor make sure thatnecessary work can be performed?What if many employees are outof work, whether because of theirown illness or that of a familymember, or such factors as school

and/or public transportationshutdowns? What if thesupervisor is ill? Can employeeswork at home? Does the companyhave to accommodate sickemployees? To what extent can thecompany be proactive in handlingsuch illness-related issues? Whatkinds of questions can they askemployees, and what kinds ofmedical procedures can theyrequire? Can a company requireemployees to receive flu shots ortake an employee’s temperature? While these types of questionsarise every year, this year createsmore serious issues for companiesbecause of the spread and severityof the H1N1 virus. Alreadydeclared a public healthemergency, H1N1 led to UnitedStates President Barack Obamadeclaring a national emergency inlate October. An epidemic is anoutbreak of disease that suddenly

occurs in much greater numbersthan normal and spreads withincommunities, states, or a limitednumber of countries. Apandemic is an epidemic that hasbecome global. The H1N1 virusis currently classif ied as apandemic. At the end ofOctober, the virus waswidespread in almost all statesand had resulted in over 1,000direct deaths, with many moredeaths that may be related to thevirus, and more than 20,000people hospitalized. Employers have beenencouraged by federal and stateagencies to be proactive in havinga plan in place to deal with thepandemic. However, manyemployers are not aware of thelegalities that need to be takeninto consideration whenplanning for and dealing with apandemic. A number of these

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legalities involve employment law.Improper handling of workplaceillness can result in employerliability under Title VII of theCivil Rights Act of 1964, inparticular under the provisionsdealing with national origin andreligious discrimination, andunder the Americans withDisabilities Act. In terms of national origindiscrimination under Title VII,employers may find themselvesfacing the greatest likelihood ofliabil ity if there is unequaltreatment of employees based ontheir countr y of origin. Forexample, this might occur ifemployers treat employees fromMexico differently without validreason. Although H1N1 wasprevalent in Mexico earlier thanin the United States, itswidespread existence in theUnited States makes this less of aproblem now in terms of nationalorigin discrimination than a fewmonths ago. Title VII also interfaces with theAmericans with Disabilities Act intravel situations. Employers canrequire employees returning froman area in which widespreadillness is occurring to remain athome a few days before returningto work in order to make certainthat the employees are notsymptomatic. However,companies should make sure thatthey are treating all employeesreturning from such geographicareas in the same way. And, theyshould make sure that the natureof the i l lness is such thatprecautions are necessar y.

Specifically, the company shouldcheck to see if the Centers forDisease Control and Prevention(CDC), or state or local publichealth authorities, recommendthat individuals who visit certainlocations stay at home for a fewdays to make sure they do not havepandemic influenza symptoms. Ifthe appropriate government entityhas made such a recommendation,the employer may ask employees ifthey have visited those locationseither for personal or professionaltravel. If the employees have visitedthose locations, the employer mayask the employees whether theyhave been exposed to pandemicinfluenza while they were away, andmay require such employees to stayhome for the requisite period oftime to insure they areasymptomatic. Religious discrimination issuesmay arise under Title VII when anemployee protests a particularmedical treatment for disease.This is most likely to occur withthe inf luenza vaccine. Somecompanies are consideringrequiring employees to take thevaccine. The EEOC, however,advises that companies shouldencourage employees to receive theinf luenza vaccine rather thanrequire them to take it . Anemployee may have a religiousbelief, practice, or observance thatprohibits him or her from takingthe vaccine. In such circumstances,the employer is required toreasonably accommodate theemployee unless it would pose anundue hardship, that is, more thana minimal cost, to the operationof the company.

Vaccines may also raise issuesunder the Americans withDisabilities Act. For example,some individuals are allergic to aningredient in the vaccines, andtheir physicians may believe thatthe risk of a severe allergic reactionoutweighs the value of the vaccine.In such cases, under the ADA, theemployer is required to reasonablyaccommodate the employee’sdisability. Again, a betterapproach to mandated vaccinationis suggested vaccination. Although Title VII can raisepandemic legal issues, most of thelegal issues fall under the ADA.The Equal EmploymentOpportunity Commission inOctober issued a documententitled “Pandemic Preparedness inthe Workplace and the Americanswith Disabilities Act” to helpemployers deal with the pandemicand influenza issues within a legalframework. That document islocated at www.eeoc.gov/facts/pandemic_flu.html. This articlecontains the suggestions andguidance provided in thatdocument in an abbreviated form.Additionally, companies shouldkeep abreast of communicationsfrom the CDC and state and localpublic health agencies. Withpandemics, the situation canchange frequently, and with it,what employers are allowed tolegally do with respect toworkplace issues. In addition to provisions relatedto public accommodation, such asbuilding requirements, the ADAprohibits employers with 15 ormore employees from

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discriminating against qualifiedindividuals with disabil it ies.Furthermore, employers arerequired to reasonablyaccommodate employees withdisabilities unless it would causeundue hardship. What constitutesa reasonable accommodation variestremendously, but in general it is awork modification that provides anindividual with a disability an equalopportunity to apply for orperform the essential functions ofa job. The ADA standard forundue hardship is different fromthe Title VII standard. Under theADA, an undue hardship is presentwhen it would be significantlydifficult for the company toreasonably accommodate theemployee. Factors that areimportant are the nature of thedisability, the nature of theaccommodation, the nature of thejob and the business, the costs ofthe accommodation, and theresources of the company, amongothers. If one accommodationmight constitute an unduehardship, an employer mustconsider other accommodationsthat do not. An employer does nothave to reasonably accommodatean employee with disabilities ifthat employee would be a directthreat to their own health andsafety or the health and safety ofothers. A direct threat under theADA is “a signif icant risk ofsubstantial harm to the health orsafety of the individual or othersthat cannot be eliminated orreduced by reasonableaccommodation.” The assessmentof direct threat involves a

consideration of the risk, theseverity, the immediacy, andpossible accommodations. There are three major ways inwhich the ADA is involved inpandemic situations. The firstdeals with disabil ity -relatedquestions and medicalexaminations for applicants andemployees. The second deals withexclusion of employees from theworkplace. The third deals withreasonable accommodations forindividuals with disabilities. TheEEOC’s document providesguidance for employers before apandemic, during a pandemic, andafter a pandemic. Before a pandemic. Companiesare encouraged to have a plan todeal with pandemic-related issuesand to have a coordinator or teamresponsible for the plan. Thegroup developing a plan shouldhave at least one individualfamiliar with employment lawsand also provide for input fromemployees with disabil it ies.Government resources should bemonitored for informationrelevant to the plan. In additionto the EEOC’s document, theCDC has a communicationentitled “Guidance for Businessesand Employers to Plan andRespond to the 2009-2010Influenza Season (2009),” http:// w w w . p a n d e m i c f l u . g o v /p r o f e s s i o n a l / b u s i n e s s /guidance.pdf. Additionalresources are the U. S.Department of Health and HumanServices, and state and local healthagencies.

Before a pandemic, employers arenot allowed to ask employees todisclose if they have a compromisedimmune system or chronic healthcondition that the CDC has saidcould make the employee morelikely to suffer complications frominfluenza. They may, however, askquestions about specificsymptoms, such as coldsymptoms, that are not likely toreveal the existence of anunderlying disability. Companiescan make non-disability relatedinquiries designed to identifypossible reasons for absence fromwork during a pandemic if theyinclude non-medical reasons aswell as medical reasons on an equalfooting and do not require theemployee to identify the particularreason. An example is provided by theEEOC in its guidance documentin the form of a sample survey.The survey asks employees if, in theevent of a pandemic, they wouldbe unable to come to work becauseof any one of several reasons. Thereasons listed are: child care ifschools or day-care centers areclosed; other dependent care ifother services are not available;inability to travel to work if publictransport is sporadic or notavailable; and/or, high risk ofserious complications from thepandemic inf luenza virus withrespect to the employee or amember of the household asdefined by the CDC (pregnantwomen, individuals over 65,individuals under 65 withunderlying chronic conditions, andindividuals with compromised

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for supervisors

immune systems such as those withcancer, HIV, organ transplants, orother medical conditions), inwhich case the employee would beadvised by public healthauthorities not to come to work.Employees taking the survey aredirected to answer simply yes or noto the questions as a whole,without identifying the specificfactor that applied to them if theychecked yes. That approach allowsthe employer to identify the extentto which absences might occurwithout requiring the employee toreveal confidential medicalinformation. Under the ADA, employers arenot allowed to ask applicants aboutdisabilities or require a medicalexamination before a conditionaloffer of employment. However,they are allowed to require newentering employees to have a post-offer medical examination toascertain their general health if allentering employees in the same jobcategory are required to have themedical examination and if anymedical information collected iskept confidential and separatefrom other personnel files. If themedical examination reveals that ajob applicant has a medicalcondition that would increase thepossibility of complications frominf luenza, the company cannotwithdraw the job offer unless theapplicant would pose a directthreat to himself or others underthe strictures of the ADA. Making a determination of directthreat with respect to an applicantrequires the use of reasonablemedical judgment, employing the

most current medicalinformation and/or the bestavailable evidence, such asinformation from the CDC, orstate or local health authorities.Normal seasonal influenza or themilder form of H1N1 present inspring/summer 2009 would notpose a direct threat under ADAguidelines. However, a moresevere form of pandemic influenzawould. CDC and state or localhealth authority proclamationsare critical in making thisdetermination, and employersshould make their best efforts tostay apprised of public healthstatements and make reasonabledecisions based thereon. With respect to job applicants,an individualized evaluation ofthe applicant is made todetermine the direct risk issue inwhich the individual’s presentability to perform the essentialfunctions of the job isdetermined, along with theimmediacy of the risk, severity ofthe harm, and the availability ofreasonable accommodations toreduce the risk. If a reasonableaccommodation would reducethe risk to the point that it wouldnot constitute a direct threat,then the employer wil l beexpected to provide thataccommodation. For example, ifa post-offer medical examinationrevealed that the applicant had acompromised immune systemdue to cancer treatments, but theapplicant would not normally beexposed to the inf luenza virusbecause it had not spread to hisgeographic area, the company

could not rescind the offer. If theapplicant would be flying back andforth to locations where the viruswas widespread, or the virus wasrampant in the area in which theemployee worked, the companymight not be able to reasonablyaccommodate the threat exposureto the virus would constitute. During a pandemic. Once aninf luenza pandemic has beendeclared, there are various steps anemployer can take to minimize thethreat to the workplace.Companies can require employeesto use various infection controlpractices, such as regular handwashing, use of hand sanitizers,proper sneezing and coughingpractices, and correct handlingand disposal of t issues.Employees can also be required towear personal protectiveequipment, such as face masks,gloves, or gowns to reduce thespread of infection. In the eventan employee with a disabilityneeds a modification of personalprotective equipment, such asnon-latex gloves or a gowndesigned for wheelchairs, acompany is expected to providethe modification as a reasonableaccommodation unless it wouldconstitute undue hardship.Companies also can encourageemployees to work from analternative location, such as home,as an infection-control method.As noted earlier in this article,employers are generally advised notto require that employees bevaccinated, but to suggest thatemployees be vaccinated.

23

If an employee is notexperiencing influenza symptoms,the company can not ask whetherthe employee has a medicalcondition that could make him orher more susceptible tocomplications from influenza andcannot require a medicalexamination. A medicalexamination involves a procedureor test designed to find outmedical information. Whether aprocedure constitutes a medicalexamination depends on a varietyof factors, such as whether itinvolves medical equipment, isinvasive, is designed to find theexistence of an impairment, and isgiven or interpreted by a healthcare professional. However,sometimes an employee with amedical condition or disabilitymay volunteer that information tothe company. For example, theemployee might request anaccommodation that would makeit less likely that the employeewould contract the virus. Anemployer may ask what type ofassistance or accommodation theemployee would need, forexample, teleworking (workingfrom home or an alternatelocation) or time off to keep amedical appointment. Anymedical information obtainedfrom the employee in this mannershould be kept confidential. If an employee with a knowndisability unrelated to thepandemic is provided with anaccommodation at work duringtimes in which a pandemic is notpresent, the employer shouldcontinue to provide him or her

with the accommodation duringthe pandemic. This applies evenif the employee is teleworking.For example, i f an employeeutilizes a screen-reader on hercomputer at work as a reasonableaccommodation, and thecompany provides employees withnotebook computers to use athome during a pandemic, thecompany should provide thatemployee with a screen-reader touse at home. If a particularaccommodation would constitutean undue hardship, the companyand employee are directed to worktogether to find a reasonablealternative. The EEOC mandatesthat all management employeeswith disabilities receive reasonableaccommodations made necessaryby pandemic conditions absentundue hardship. For example, ahearing-impaired manager who ispart of a company’s emergencyresponse team might require avideo relay service to perform herjob and keep the companyfunctional while working fromhome. If an inf luenza pandemic isassessed by the CDC or local orstate health authorities to be moreserious or severe, employers mayhave sufficient objectiveinformation from thoseauthorities to make a reasonabledetermination that employees willface a direct threat if they comedown with the influenza. Thenand only then can an employerengage in disability -relatedquestions or require medicalexaminations of employeeswithout symptoms to ascertain if

they are at higher risk ofcomplications from the virus. Whether the situation involvesthe more usual seasonal influenzaor the pandemic inf luenza,companies can ask employees ifthey are experiencing f lu- l ikesymptoms, such as fever, chills,coughing, or sore throats, but anyillness information obtained mustbe kept confidential. Taking anemployee’s temperature isconsidered a medical examinationand is normally not warranted fora simple cold or if the symptomsare characteristic of seasonalinfluenza or the milder H1N1 virusin the spring and summer of 2009.Furthermore, not all inf luenzavictims have a fever. However, ifpandemic influenza becomes morewidespread locally as measured bythe CDC or local or state healthauthorities, employers are thenallowed to take the bodytemperature of employees. If an employee is experiencingflu-like symptoms, he or she shouldbe allowed to stay home fromwork. If the employee comes towork but has symptomscharacteristic of regular, seasonalinf luenza or the milder spring/summer version of the H1N1virus, the CDC states that suchemployees should leave theworkplace, and the companyshould advise the employee to gohome. When the employee’ssymptoms are severe enough toconstitute a direct threat, thecompany can send the employeehome. Irrational fears about anemployee’s medical conditioncannot be used to assess whether

24

an employee constitutes a directthreat to the workplace. An employee who is absent fromwork can be asked the reason theemployee is not at work if theemployer suspects the employeemay be absent for a medical reason.An employer is always entitled toknow the reason for an absencefrom work and the employee’sprojected date of return. After a pandemic. After apandemic, an employer can ask anemployee who has been away fromwork to provide a doctor’s notecertifying that the employee is fitto return to work. Becausedoctors’ offices are likely to beoverloaded during a pandemic,alternatives to a doctor’s note mayneed to be developed, such as an e-mail or form or stamp from a localclinic. Throughout the entire process, agood faith effort to keep abreast ofpronouncements from the CDCand state and local public healthauthorities is vital.

IN A NUTSHELL

(1.) Cold and flu season bringswith it workplace issues that mayinvolve employment law.

(2.) Provisions of the Americanswith Disabilities Act and TitleVII of the Civil Rights Act of1964 are applicable to businessdecisions regarding inf luenzapandemics.

(3.) T h e A m e r i c a n s w i t hDisabilities Act provisions thatare relevant to inf luenzapandemics include those dealingwith medical questions andprocedures, accommodation,exclusion from the workplace,and direct threats.

(4.) Title VII of the Civil RightsAct of 1964 provisions that arerelevant to influenza pandemicsinclude those dealing withnational origin and religion.

(5.) A recently published EEOCdocument provides importantinformation to supervisors andother managerial employeesabout issues related to influenzapandemics, includingappropriate questions andmedical procedures,accommodations, and absencepolicies.

(6.) Supervisors and othermanagerial employees shouldroutinely monitor pronouncementsfrom the CDC and state and localpublic health authorities in orderto reasonably make decisions withrespect to a pandemic in accordancewith applicable law.

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help your manager & help yourselfhow your supervisor can help you climb the corporate ladder

Kim Goff

Let’s face it. Times are tough, and many industries are still

experiencing cutbacks, layoffs andsalary freezes. That doesn’t meanit’s time to slack off at work,however. It’s just as important –if not more important – to makeyourself a valuable resource and totr y to move ahead with yourcareer, even if your options arelimited. To that end, supervisors andmanagers can be a valuableresource when climbing thecorporate ladder, not just becausethey sign your paycheck or approvethat promotion, but because theycan offer you valuable knowledge;knowledge that can lead youtoward career advancement and asense of fulfillment. Your super visor is a greatresource for you to learn about thehistory of your company, how toimprove your job performanceand how to increase your chancesfor promotion. Instead of

avoiding, loathing or fearing yoursupervisor, tr y to view them assomeone who can help you advanceyour career. Here are three ways to utilize yoursupervisor as a resource:

Model their behavior If your supervisor is in the positionyou aspire to, “model” them. Thatdoesn’t mean to dress, walk or talklike them. It means researchingtheir rise and taking similar steps inyour quest. Finding out as muchas you can about your supervisor’sclimb up the corporate ladder canprovide you with a potentialblueprint for how you can achievethat same position. When the time is appropriate(such as lunch time or during anoffice party), get to know yoursupervisor or manager better. Try toask the following questions:

What did they major in? Whattype of degree do they hold?

Did they take any specific on-the-job training?

What about their work history -did they work different positionsin the company to get to wherethey are today? Was it onespecific job that got them wherethey are today or was it aprogression of jobs?

If your super visor seemsannoyed by these kind ofquestions, take a hint and do notpersist. You want to learn fromtheir professional experience, butback off if he or she seemsunwilling to share.

Communicate regularly – notjust once a year

Talking with your supervisorabout your progress and how youcan improve your chances for

26sv

promotion can help youimmensely. The majority ofemployees dread the annual orsemi-annual evaluation. Instead,use this review to your advantage.Ask what he or she sees as yourspecific strengths and weaknesses.Ask, “What can I do to improvemy overall job performance?” Thiseliminates any guesswork trying tofigure out what you can do to getthat promotion. A goodsupervisor will always be honestwith you and tell you what you cando to improve your jobperformance. When a supervisor informs youof your weaknesses in terms of jobperformance, don’t take it as aharsh criticism. Be grateful for thistype of information; use it to forgeahead and show that you are eagerto improve. Treat your supervisorwith respect and show her you havethe right skil ls and drive foradvancement. Good managers andsuper visors want to see yousucceed! The more knowledgeableyou are about performing your joband improving your workperformance, the more“noticeable” you will become toyour supervisor. When they aremeeting with business executivesand leaders to discuss forthcomingpromotions, YOU will have a goodchance of being one of thosepeople nominated. Or, you may bethe first person they think of if anew position becomes available! And don’t forget to touch basewith your manager or supervisoron a regular basis. Yearly reviewsaren’t enough in terms ofcommunication. Go out of your

way to discuss ideas, business trends,company or departmentimprovements with your supervisoron a regular basis. By taking aproactive step towardcommunicating in a positive, helpfulway, you can be the person thatstands out in his or her mind whenthe time comes for a promotion orraise. Co-workers may also be a reliableresource to you. They may not knowspecifics about the supervisor youare trying to model, but they mayknow general requirements expectedor preferred for the type of jobposition you desire.

Network Use your supervisor as a liaison tonetwork with executives and leadersin your company. Getting face timemay sound shallow, but peopledon’t really know you unless theymeet you. E-mail is not enough tocreate a solid networkingrelationship. Your supervisor canintroduce you to influential people(company leaders, industry experts,important clients) who can help youin your career advancement.Through your supervisor ormanager, you can find out aboutconferences and social events whereyou can start laying the“groundwork” for beneficialrelationships. Getting your nameand face out there wil l helpinfluential people remember you. Another way to make networkconnections and get noticed is tovolunteer for company events.Always go to your supervisor firstand ask permission to participate inany volunteer activities within your

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company, and make sure it doesnot disrupt your day-to-daybusiness activities, or make yoursupervisor’s job difficult. Working with your supervisorinstead of against him or her canhelp you get ahead in your career.You should never fear yoursupervisor or feel inferior. Useyour supervisor’s knowledgeand experience to youradvantage. You do not have toagree with his or her personalideas, laugh at their jokes orobey their ever y command.However, you should show yoursuper visor the respect youwould want in return. By usingyour supervisor as a resource youcan gain the knowledge andconnections you need to advanceyour career.

Kim Goff is a professionalspeaker, freelance writer andauthor, who currently works asa communications director forthe United Way of YorkCounty. She speaks onovercoming obstacles, l i febalance and women in theworkplace, and is author of“Female Empowerment – APersonal Journey.” To hire herfor your next speakingengagement, e -mail :kimandbill1@comcast.net.

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When his daughter emerged from thebridal shop dressing room she exclaimed:“Oh Daddy, isn’t it beautiful?”

As the father squinted at the pricetag, he replied, “Honey, I don’t mind giv-ing you away, but must I gift wrap you,too?”

A surgeon, an architect and a poli-tician were arguing about whoseprofession was the oldest. Thesurgeon’s opinion was that his pro-fession dated back to the Garden ofEden when Eve was formed fromAdam’s rib and surely that was a sur-gical procedure.

The architect protested that longbefore Adam and Eve, order was cre-ated from chaos and that was archi-tecture at its best.

But before the two could argueany further, the politician askedwith obvious pride, “And who doyou think created chaos?”

A parking lot is where you takeyour car to have the dents put in.

There is a certain inconsistencyin the way we insist that thebutcher’s scales be strictly honestbut we have no objection if thebathroom scale fools around a bit.